Disputing Business name

I

ivorystraws

Registered User
Messages
480
What can be done if a Business name which I have registered with the CRO is being used by another business which didn't have it registered?? Is it possible to dispute it?
 
According to [broken link removed], the registration of a business name:
* does not give protection against duplication of the name;
* does not imply that the name will necessarily prove acceptable subsequently as a company name;
* does not authorise the use of the name if its use could be prohibited for other reasons. It should not for instance be taken as an indication that no rights (e.g. trade marks rights) exist in the name.
Click to expand...

So unless you've registered a trademark, then registration of the business name give no protection.
 
Thanks Dearg Doom, I really should have known that myself. I've already looked in trademarking my logo and tagline but I don't think it's worth it... even if someone else was using the same business name or logo, I doubt the start-up business I have would have the time or money to defend it.
 
How much does it cost to trademark your logo & whats the procedure for doing this ?
 
Ivory, if you had a limited company, you could object to the CRO if the person tried to register a similar business name,

however if another guy is trading under the same business name as you, and is not registered, you should report him to the CRO because he should be registered - its illegal -and as theres no exclusivity with a business name, 10 people could register the same name as yourself.

One thing you could try is to set up a limited company, then reported him to the CRO, and when he tried to register a business name, OBJECT to it on the grounds that your limited company has the same name. I don't know if this would work, and setting up a limited company may not be appropriate - compliance costs etc...
 
Yes, it just seems like someone who is trading under a specific name but I'm the only one with that specific business name registered with the CRO... brief such concluded that.

I wouldn't go down the company formation route for objection though but thanks for the advice. It would seem that he is trading illegally as surely the name he/she is trading under should be listed with the CRO. Bear in mind that this is an online business so I'm not sure if that makes a difference??
 
zappb said:
Ivory, if you had a limited company, you could object to the CRO if the person tried to register a similar business name....
Click to expand...


zappb said:
theres no exclusivity with a business name, 10 people could register the same name as yourself....when he tried to register a business name, OBJECT to it on the grounds that your limited company has the same name....
Click to expand...

But as there's no exclusivity with a business name (as indeed is the case), how would you expect such an objection to succeed?

Btw, ODCE have absolutely no regulatory role in relation to unincorporated entities. Their mission relates solely to the enforcement of company law.
 
ubiq - wording is confusing. There is protection for a limited company - the limited company can object to a business name.

A business name can't object to a business name.
 
Hi IvoryStraws,

I have the same problem at the moment, i actually have a limited company but i registered a trading name to my limted company (same thing as a sole trader registering a business name). After a successful year another company has decided to set up and do exactly what i do with the same business name (you can imagine what my first instinct was, wouldn't be the smartest way to deal!!!) They did not register the name with the CRO but i had. Anyway, the sad truth is, there is nothing you can do. If you report them to the CRO they will simply notify them that they must register for a fee of €25 euro, thats all. According to the Irish Company Formations office i could open up a company tomorrow making cardboard boxes and call myself Smurfits so long as i don't use the same logo. Too cruel a rule my friend, let me know if you find away around though.
 
You must log in or register to reply here.
Back
Top