Sole trader vs ltd company same name

M

Myuser01

Registered User
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I just registered a business name, let's call the business "my company".

I have registered the business name using CORE, I've applied for a trademark and I own "mycompany.ie". I have a logo and some branding work done.

I searched beforehand for similar names using the Trademark and CRO sites Search features.

However I must have searched wrong cause I just discovered there's a company called "mycompany ltd" on SoloCheck.

They only show on SoloCheck, not any form of Google search. They were set up in 2022, they have a certificate of incorporation and an A1 form listed only. They are marked as status "Normal". I doubt they are actually trading?

I like this name, I've already applied for the trademark for the generic "my company" term. I intend to trade under the name "mycompany.ie".

What are my options here? Owner is listed as a director of another company with an address in Blackrock. Deep pockets for an IP claim in the future?

Am I OK or should I pick another name? Can I use another company name and simply trade as "mycompany.ie"?

I've yet to come across a State website with a usable search feature.
 
Two things arise here:

One a registration of a business name does not mean nobody else can register the exact same name. This RBN is simply where a person X trades as Bravo but is not a company - so that people can find out who is the person behind Bravo.

Second is that no company called 'mycompany' or anything near it is on CRO company search. Have you any more details?
 
You don't mention it but presumably you have acquired the domain name that you're going to trade through (my company.ie)?

The legal name of their company is of no consequence if they aren't actually trading under that name, which as best you can ascertain they aren't. The main legal issue that you might be exposed to, is of "passing off" - essentially, it's all about who actually trades using a name first and has a business that they can argue is being infringed by the latecomer's actions. Just setting up a company with a particular name is of very little relevance in that regard.

Here's what Google Gemini has to say about it!:

Trading Names

In Ireland, a trading name is a name used by a business that is different from its registered company name. Businesses may choose to use a trading name for marketing or branding purposes. While there is no legal requirement to register a trading name in Ireland, it is important to ensure that it does not infringe on existing trademarks or cause confusion with other businesses.

Passing Off

Passing off is a legal concept in Irish commercial law that protects the goodwill and reputation of a business. It occurs when one business misrepresents its goods or services as those of another, leading to consumer confusion and potential damage to the original business.
To succeed in a passing off claim, the plaintiff must typically prove three elements:
  • Goodwill: The plaintiff must demonstrate that they have established a reputation or goodwill in their goods or services.
  • Misrepresentation: The plaintiff must show that the defendant has made a misrepresentation, either intentionally or unintentionally, that is likely to deceive consumers.
  • Damage: The plaintiff must prove that the misrepresentation has caused or is likely to cause damage to their business, such as loss of sales or reputation.

Passing off can occur in various ways, including:
  • Using a similar trading name or logo
  • Imitating product design or packaging
  • Making false claims about the origin or quality of goods or services

Remedies

If a court finds that passing off has occurred, it can award various remedies to the plaintiff, such as:
  • Injunctions to prevent the defendant from continuing the misrepresentation
  • Damages to compensate the plaintiff for any losses suffered
  • Account of profits to recover any profits made by the defendant from the misrepresentation
Important Note: This information is intended for general informational purposes only and should not be considered legal advice. If you have specific questions or concerns about trading names or passing off in Ireland, it is always best to consult with a qualified legal professional.
 
What about Section 3 Registration of Business Names Act, 1963?
 
WizardDr said:
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Thank Wiz; I actually skimmed past that bit of my previous post (I did sense check most of it before posting!) I have chastised Google Gemini appropriately and it would like to apologize..:

"You are absolutely correct. I apologize for the misinformation in my previous response.

There is a legal requirement to register a business name in Ireland under the Registration of Business Names Act 1963, unless the business is trading under the personal name of the owner (sole trader) or the partners' names (general partnership). This requirement applies to individuals, partnerships, and companies operating under a name different from their registered company name.

The registration process involves submitting the relevant form (RBN1, RBN1A, or RBN1B) along with the registration fee to the Companies Registration Office (CRO). This should be done within one month of starting to trade under the new name.

Failure to register a business name can result in fines and difficulties in enforcing contracts or taking legal action.

I apologize again for any confusion caused by my earlier statement."
 
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@torblednam unfortunately some of the sources including that charlatan Chat GPT do not always have the truth. When I challenged Chat GPT it did say sorry! But you have done a lot of work and no apology is needed as you teased it out.

One of the things with RBN is that it doesn't protect the name at all.
 
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