Trading under a name that is trademarked in the US but not here

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Furntech

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I would like to know if anyone can let me know if it is possible to trade here in Ireland using the name of a popular company in the united states.

They don't have a trademark here for their name but I would like to know if it is worth looking into this, or if someone would be able to give me a definate answer please PM so and we can negotiate a price.
 
I can do that easily but I don't want to go through that process and then have to change the name down the line.
 
You can try and register it as a trading name to start which can be done on the web site of company registrations. If its a houshold name, I probably would not bother, for as soon as you put your head over the fence, they will seek and suceed in closing you down. Once 'your' name comes in web searches, they can claim you are deliberately piggy backing on their good name and will win in court based on previous cases ive read about. Not a legal person, only layman opinion!
 
Just to note that the Companies Registration Office do not check the TM register before registering a business name or limited company. They view this as being the responsibility of the person setting up the business/company

In relation to your specific trademark question, i would go to the trademark section of www.patentsoffice.ie and you should find more information about it there.
 
Richard

You might want to seek legal advice, as US trademarks would fall under the Madrid treaties, which gives them a level of protection here (we ran into a similar issue a couple of months ago!)

Michele
 
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I would be cautious in going down this road, but say I created a business and called it "Home Depot" or "Target" or "Walmart" could this be done or are you just asking for trouble.
 
Furntech said:
I would be cautious in going down this road, but say I created a business and called it "Home Depot" or "Target" or "Walmart" could this be done or are you just asking for trouble.
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It was done a few years ago in Dún Laoghaire. There was a home furnishing shop called "Crate & Barrel" which had nothing to do with the big US company of the same name.

The US firm came after them legally - I don't know if they won the case or if there was a financial settlement, but the shop is no longer trading under the Crate & Barrel name.
 
I have seen a Pottery Barn in Mullingar and often wondered about it.

Sometimes you can be creative "Bed bath and beyond" and the irish version "homestore and more"

Anyone know somewhere to seek legal advice that isn't too expensive just looking into it at the moment and may not even be worth it.
 
Now that I think of it there was a cafe called "Central Perk" in Dublin for a while and they ran into trouble because of the name (from TV's Friends).
 
What do you think of the Diesel shop at the bottom of Grafton Street/Suffolk Street?

You might be surprised to know it isn't the fancy Italian Diesel. It's a dodgy Irish rip off.

They're getting away with (as far as I know) because they were registered in the 1970's (pre-Diesel? pre new trademark laws?)
 
Hi Richard
You need to go to the patents office and trademark the name. It takes about 6 months but you can do it easily enough yourself.

The staff there are very helpfull so maybe you could run this by them and see what they say before applying for the trade mark.

P
 
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