Company name

locteau

Hi All,

I want to know if a company can name themselves similar to another (by accident or in purpose) E.g :

"Stove Ireland LTd" and the other company "Stoves Ireland Ltd"

In my example (only example and fully made up) one is a small company and the other one is a big company renaming themselves.

Is there some law to protect a business names ?

I query the CRO and this was the reply :

"Hello,

The Business Names Act 1963 does not provide for protection from
duplication of Business Names. Consequently, the CRO does not check third
party registers when registering same. Any dispute which arises regarding
the use of a particular Business Name would be a civil matter and you would
need to seek professional legal advice in that regard.

Kind regards,

Information Unit
Companies Registration Office"

What you guys think

Fred Swanson

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locteau

So if company called A and B trade as :

"Stove Ireland" and "Stoves Ireland" it is fine

but if it is "Stove Ireland LTd" and "Stoves Ireland Ltd" It is not.

What if the company names are :

"Stove Ireland manufacture LTd" and "Stoves Ireland Ltd"

Is the CRO would think it is too similar ?

Fred Swanson

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Fred Swanson

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locteau

Fred Swanson wrote: »

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just a typo sorry :-)

locteau

ok thanks,

My situation is the "Stove Ireland manufacture LTd" and "Stoves Ireland Ltd" while it is a different name.

I start to receive invoices, emails, phone calls from the new company with a very similar name and it does affect my business. The new company is a subsidiary of a really really big company which I would not be able to legally fight for obvious financial reasons.

Obviously small people have no much say on this :-(

witchgirl26

They can be allowed if they carry out different types of business & it's not deemed that someone would mistake them for the other company. I.e. in your example if Stove Ireland Ltd provided stoves and Stoves Ireland Ltd was a bread-making company where Stove was the surname of the owner.

Fred Swanson

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locteau

Well Fred unfortunately it happened, 1 letter only "S" just a different company.

I hear a lot of things which should not happen but it just does.

Fred Swanson

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gizmo555

Isn't this what registered trade marks are for?

locteau

I agree, CRO seems to think it was duplicate business name and will send another email explaining it is a Ltd name

But yes my example is exactly this (with a different name) :

"Stove Ireland Ltd" and "Stoves Ireland Ltd"

1 letter and different location.

Fred Swanson

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locteau

Sorry Can't do that for obvious reasons :-)

Fred Swanson

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locteau

?

It's ok, you don't have to, I did not asked you to believe me or anybody :-)

Fred Swanson

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locteau

Hi Fred,

That's ok, you are allow to not believe and disagree.

I also have years in company businesses which is why I asked feedback from experienced and qualified people.

Sebastien

You probably could do it.

Then you would probably be sued for passing off.

Pat Mustard

locteau wrote: »

My situation is the "Stove Ireland manufacture LTd" and "Stoves Ireland Ltd" while it is a different name.

I start to receive invoices, emails, phone calls from the new company with a very similar name and it does affect my business. The new company is a subsidiary of a really really big company which I would not be able to legally fight for obvious financial reasons.

Obviously small people have no much say on this :-(

If this interferes with your business, you should take legal advice before you make a decision whether or not to defend your interests.

Take a look at some of the cases on the subject and consider taking professional advice on whether you should register a trademark and perhaps take matters from there.

http://www.simonmcaleese.com/asp/index.asp?ObjectID=310&Mode=0&RecordID=108
http://www.bailii.org/ie/cases/IEHC/2000/67.html

Mr. Incognito

You can only have one company with a particular name on the Registrar at any time.

Trading Names are different. You can register the exact same trading name but you cannot register a Legal Name that has already been taking.

If there is a allegation of passing off then this is a civil matter which you need to consult a solicitor on to enforce your rights. The CRO do not handle this.

There are many examples of company names that are similar and have an s added in the CRO. I would well believe that.

Tom Young

Deleted User wrote: »

You probably could do it.

Then you would probably be sued for passing off.

Exactly. A CRO name and a trading/brand can be different.

I'd be taking immediate steps.

locteau

Thanks guys,

This is very valuable information, as I said the other company is a well known institution and wouldn't have the money to go after them unfortunately and want to be careful about what I post as most of you understand :-)

Funny enough first query to CRO response was really fast, second query 2 days later..... waiting :-)

I don't think they will help anyway but worth a try.

Uno my Uno.

I'D be very surprised to hear that the CRO actually registered a company name as similarly as you suggest. However I'd have no bother believing that a company has registered a business name so similar and are trading under that name.

Instead of wasting your time sending queries to the CRO or making hypothetical threads on the internet you should go see your solicitor. It doesn't mean you have to take anybody on but you need proper advice on the situation and your options. Legal advice is a legitimate cost of doing business.

locteau

Uno my Uno. wrote: »

I'D be very surprised to hear that the CRO actually registered a company name as similarly as you suggest. However I'd have no bother believing that a company has registered a business name so similar and are trading under that name.

Instead of wasting your time sending queries to the CRO or making hypothetical threads on the internet you should go see your solicitor. It doesn't mean you have to take anybody on but you need proper advice on the situation and your options. Legal advice is a legitimate cost of doing business.

Yes you are absolutely right, just wanted to know before I pay solicitor fee if my point was valid.

Mr. Incognito

locteau wrote: »

Yes you are absolutely right, just wanted to know before I pay solicitor fee if my point was valid.

If you already knew then why would you go pay the solicitor?

That's what you are paying him to answer?

Fred Swanson

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locteau

Mr. Incognito wrote: »

If you already knew then why would you go pay the solicitor?

That's what you are paying him to answer?

I did not "already knew" I supposed that they should not be able to do that, and thought it would be better to discuss and have some opinion before doing anything else.

I also think it would be an interesting topic and might help someone else like me in the future.