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Trademark/trademark infringement?

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  • 12-11-2017 6:51pm
    #1
    misterheg
    Registered Users Posts: 42 ✭


    Wonder if someone can assist with this query, please?

    My intention is to open a new business where we have picked the name 'JAM Coffee and Cake' (not the real name but just as an example). I've checked on CRO and there are currently 74 other registered businesses with the name JAM in it somewhere, being 'Cactus Jam' to 'The Happy Jam Jar'

    However, there is already a cafe business called 'JAM' and registered like this on CRO but there is also another business called the 'JAM Coffee House' , 'JAM Eaterie Limited' etc.

    Is there anything to stop me using the word JAM in a coffee business and continue to register it under my proposed name 'JAM Coffee and Cake'?

    I also checked on the Irish Patent Office trademark search but have found nothing as yet.

    Many thanks.
    Tagged:


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    #2
    K.Flyer
    Registered Users Posts: 8,565 ✭✭✭K.Flyer


    If I remember correctly, trading names are not really protected, but limited company names are.
    So if the other businesses are the Jam Jar Coffee Shop Ltd, and you want to open the MisterHeg trading as the Jam Jar Coffee and Cake Shop, or the Coffee and Cake Shop Ltd, you could run into problems.
    But if they are just a registered trading name there is not a huge amount that they can do about it, except they may have some advantage if the have registered domain names for their business.


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    #3
    misterheg
    Registered Users Posts: 42 ✭misterheg


    Ok, thanks K.Flyer.

    On CRO, they are down as 'JAM ( DELI/BAKERY/CAFE) LIMITED'

    So what you are saying, as my intentions is to call my business 'JAM Coffee and Cake' (which is also a LTD company), this could become a problem?


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    #4
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 51,687 Mod ✭✭✭✭Stheno


    misterheg wrote: »
    Ok, thanks K.Flyer.

    On CRO, they are down as 'JAM ( DELI/BAKERY/CAFE) LIMITED'

    So what you are saying, as my intentions is to call my business 'JAM Coffee and Cake' (which is also a LTD company), this could become a problem?

    Call it misterheg ltd t/a jam coffee and cake?


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    #5
    misterheg
    Registered Users Posts: 42 ✭misterheg


    Good idea, thanks!


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    #6
    K.Flyer
    Registered Users Posts: 8,565 ✭✭✭K.Flyer


    misterheg wrote: »
    Ok, thanks K.Flyer.

    On CRO, they are down as 'JAM ( DELI/BAKERY/CAFE) LIMITED'

    So what you are saying, as my intentions is to call my business 'JAM Coffee and Cake' (which is also a LTD company), this could become a problem?
    Stheno wrote: »
    Call it misterheg ltd t/a jam coffee and cake?

    I think once the wording and business type are similar CRO will reject it especially if the trading name is too similar to an existing Ltd business trading name.
    I would suggest working on a few different options to submit, then go into CRO with them and see what they say.


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    #7
    misterheg
    Registered Users Posts: 42 ✭misterheg


    Alright, cheers, will try that. So from what you're saying, it sounds as if CRO will reject suggestions if they think it's too close to an existing one. Thanks both.


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    #8
    Victor
    Registered Users Posts: 78,308 ✭✭✭✭Victor


    Just because there can be multiple similar business names, I'm not sure that it means you won't be hit with a claim for passing off.


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