I'm looking for some advice on a business name issue. And apologies in advance for it being long-winded.
I found a business name I liked, looked it up in the CRO database and didn't see it registered. Unfortunately, I didn't realise there was a separate search for business names and company names. I had only checked if the company name was registered and it wasn't.
I'm not sure why I didn't just register the business name there and then, but I wasn't planning on launching for a while so I put it off, which was silly.
I searched Google for that name as well, nothing came up. And the .ie domain was available so I bought it.
After moving forward with that name and just as I was about to now register the business name with the CRO, I found out through some old online directory listings that there was in fact a business with the same name, operating in the same city. However they ceased trading sometime around 5-6 years ago and haven't traded since.
I contacted the owner through the number in those listings to ask if they were still operational and whether she minded if I was to use the name (this was before I realised that registering a business name didn't give you exclusive rights to that name). She said they weren't in business anymore and that I could go ahead and both use the name and also take ownership of the directory listings (so that I could change the details to my office and telephone number instead).
She said she'd go about unregistering or transferring the name with the CRO (again I didn't realise that you can't transfer names and that I could just fire away and register the same name anyways).
After spending a considerable amount of time and money on the site, SEO, promotional materials I spoke with her again about 3 weeks later and apparently her former business partner who also is registered under that business name is now thinking about restarting the business again, under that name of course, in about 6 months time or so.
I still hadn't registered the name myself because I still thought she'd have to unregister it first. Yes it was silly moving ahead with the name without having this type of thing sorted, I know.
So what would you do in this situation?
Changing the name is a fairly big deal for me. It's not that the name is that important or special. It's more the fact that I'll be out of pocket for a very nice chunk of change that I don't really have and it will be a fairly large setback (in both time and money) as regards SEO, which is an important part of the business for us.
If I can operate under the business name without any problems I'd much prefer to keep it.
Does the fact that she is not currently operating under that name give me a chance to use it?
Is it possible for me to trade under the name and in the future if she does start up her old business again, just block it in court as I would by then have an established business in the same geographic area.
Surely you can't just sit on a business name forever right?
The situation may resolve itself, I'm waiting on a call back. The two will meet and discuss whether they want to start up their old business again. However I just want to be prepared, whatever happens.
Any advice is appreciated. Thank you.
I found a business name I liked, looked it up in the CRO database and didn't see it registered. Unfortunately, I didn't realise there was a separate search for business names and company names. I had only checked if the company name was registered and it wasn't.
I'm not sure why I didn't just register the business name there and then, but I wasn't planning on launching for a while so I put it off, which was silly.
I searched Google for that name as well, nothing came up. And the .ie domain was available so I bought it.
After moving forward with that name and just as I was about to now register the business name with the CRO, I found out through some old online directory listings that there was in fact a business with the same name, operating in the same city. However they ceased trading sometime around 5-6 years ago and haven't traded since.
I contacted the owner through the number in those listings to ask if they were still operational and whether she minded if I was to use the name (this was before I realised that registering a business name didn't give you exclusive rights to that name). She said they weren't in business anymore and that I could go ahead and both use the name and also take ownership of the directory listings (so that I could change the details to my office and telephone number instead).
She said she'd go about unregistering or transferring the name with the CRO (again I didn't realise that you can't transfer names and that I could just fire away and register the same name anyways).
After spending a considerable amount of time and money on the site, SEO, promotional materials I spoke with her again about 3 weeks later and apparently her former business partner who also is registered under that business name is now thinking about restarting the business again, under that name of course, in about 6 months time or so.
I still hadn't registered the name myself because I still thought she'd have to unregister it first. Yes it was silly moving ahead with the name without having this type of thing sorted, I know.
So what would you do in this situation?
Changing the name is a fairly big deal for me. It's not that the name is that important or special. It's more the fact that I'll be out of pocket for a very nice chunk of change that I don't really have and it will be a fairly large setback (in both time and money) as regards SEO, which is an important part of the business for us.
If I can operate under the business name without any problems I'd much prefer to keep it.
Does the fact that she is not currently operating under that name give me a chance to use it?
Is it possible for me to trade under the name and in the future if she does start up her old business again, just block it in court as I would by then have an established business in the same geographic area.
Surely you can't just sit on a business name forever right?
The situation may resolve itself, I'm waiting on a call back. The two will meet and discuss whether they want to start up their old business again. However I just want to be prepared, whatever happens.
Any advice is appreciated. Thank you.