Business Name Query

Pj!

Just a question on a possible business name for an online business.

Let's say bigdog.ie is the required domain name for the business. A business name needs to be registered first. So maybe 'big dog', 'bigdog' or even 'bigdog.ie' (although it says on the CRO site that domains ending in a domain name suffix are considered undesirable).

A preliminary search for 'big dog' on the CRO website shows that 'bigdog.com limited' is a dissolved (as of ten years ago) company registered here in Ireland.

Does this dismiss the possibility of registering a business name as bigdog or bigdog.ie?



(the .com domain is still held and is for sale for over $50k)

miju

Pj! wrote: »

A preliminary search for 'big dog' on the CRO website shows that 'bigdog.com limited' is a dissolved (as of ten years ago) company registered here in Ireland.

Does this dismiss the possibility of registering a business name as bigdog or bigdog.ie?


(the .com domain is still held and is for sale for over $50k)

If bigdog.com was a Ltd company and your looking to setup a ltd company as bigdog.ie or big dog it will more than likely be refused.

If your just looking to register a business name then more than likely it'll be granted as believe it or not Ltd companys and business name registers are seperate AFAIK

Graham

Apply for 'bigdog.ie' as a discretionary domain name. Job done.

mneylon

Your business name does not have to be an exact match or even a close match to the .ie domain name you want to register

As previously pointed out, you can use a "discretionary name"

Of course if you want to avoid hassle grab the .eu or .co

Pj!

Thanks guys.


I just searched for trademarks on the Irish Patents Office and 'Big Dog!' is a registered trademark.

I'm guessing that's that?

Peterdalkey

A Big Dog
1 Big Dog or One Big Dog
4 Big Dog
The Big Dog

Pj!

Peterdalkey wrote: »

A Big Dog
1 Big Dog or One Big Dog
4 Big Dog
The Big Dog

Is it as easy as that to get around naming rights and trademarks?

Could I register and trade under 1 Intel or The Intel?

Peterdalkey

Intel is not a generic word but Big and Dog are!!

Pj!

Peterdalkey wrote: »

Intel is not a generic word but Big and Dog are!!

Ah. Well how would '1 Face Book' or '1 Sky' go down as a matter of interest?


Would prefer not to be adding words to the original name idea. Have contacted CRO and am awaiting a reply but it looks like I may be back to the drawing board.

Not easy this naming lark!

mneylon

Peterdalkey wrote: »

Intel is not a generic word but Big and Dog are!!

It doesn't matter if the words are generic or not

If there is a registered mark for "big dog" and the OP registers bigdog1.tld or similar he'll likely lose the domain in a dispute

dbran

Hi

A trademark is "any sign capable of being represented graphically which is capable of distinguishing the goods or services of one undertaking from those of other undertakings"

There is nothing to stop you having a totally different sign, different graphics etc but with the same words. That is to say you cant trademark the words, you only trademark the logo or sign etc.

Similarly you can register any business name you like in CRO, it does not matter if it is already used or is already the name of a company. Business name gives no name protection whatsoever.

However you will not be able to set up the company with that name for another 10 years.

A seperate issue is the concept of "passing off" which will be a legal matter depending on where the other business is situated what it does etc.

Not sure who would be the winner in the case of a domain name dispute.

Regards

dbran

Pj!

Yes the mark is for the logo. It was registered last year and publication of registration was this year but I can't see any use or other mention of the logo or the business online.

The goods and services classes listed for the mark are vague but probably similar to my own intended use.

Pj!

Thanks all for the help.

It would be a great name but there seems to be too many potential issues for a small start up to gamble with.

Peterdalkey

So, stick on your thinking cap and come up with a new unique suitable name, it is hardly beyond the wit of someone with the skills and talents to start a new business!!

Pj!

Peterdalkey wrote: »

So, stick on your thinking cap and come up with a new unique suitable name, it is hardly beyond the wit of someone with the skills and talents to start a new business!!

Thanks for that Peter. About as helpful as your other posts...

Peterdalkey

Most kind!

Pj!

Peterdalkey wrote: »

Most kind!

Sorry it was a dickish reply to a bit of a dickish post. I browse here regularly and know you know your stuff and are kind to help.

Of course I'll move on. I've put a fair bit of study into what makes a good name. I probably put more importance to it than many start up small businesses.
The name the thread referred to was descriptive, catchy and positive. And 6 letters. It would also lend itself well to a logo. Plus the .ie was available. It wasn't the first possibility and won't be the last.

Appreciate all the help. The search continues...

Peterdalkey

Gracious of you Pj. I was not actually trying to wind you up at all, I would have made a much better job of it!. I am genuinely sure that you will come up with a suitable name, just plug away at it, starting over with a blank sheet!