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Business Name

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  • 31-08-2007 8:36am
    #1
    kikel
    Users Awaiting Email Confirmation Posts: 2,584 ✭✭✭


    Hello all,
    I had a brain wave for a fab website\business idea last night. The web domain is available and i got all excited. It dawned on me this morning that i must check with the cro for the business name is available. Unfortunatly it isn't. It is already a registered business name. not a company name.
    Just curious can i use the same business name as this other business or can i set it up as a company?


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    #2
    GerardKeating
    Registered Users Posts: 7,634 ✭✭✭GerardKeating


    kikel wrote:
    Hello all,
    I had a brain wave for a fab website\business idea last night. The web domain is available and i got all excited. It dawned on me this morning that i must check with the cro for the business name is available. Unfortunatly it isn't. It is already a registered business name. not a company name.
    Just curious can i use the same business name as this other business or can i set it up as a company?

    You can certainly register the company name, but it aint exactly fair to the existing business.


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    #3
    keefg
    Registered Users Posts: 3,187 ✭✭✭keefg


    Also, this other group may have just registered the business name while the company is in development or waiting for funding. in which case they could take you to court to force you to change your biz name because they can proove they had "ownership" of the trading name first.

    Same thing with the domain, if you try to register a domain of an existing company (or biz name) then at any stage down the road can that company force you to give up that domain - again because they can proove they had ownership of the name before you, therefore have access rights to the domain name. This was introduced to discourage domain squatting.

    Try to contact them to see what the situation is, maybe it's someone who thought of a biz idea but abandoned it. Who knows, they may hand over (for a fee perhaps?) the biz name.

    It is worth checking out before you go through the process of setting up your biz & site only to forced to change it at a later date.


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    #4
    egan007
    Registered Users Posts: 2,934 ✭✭✭egan007


    keefg - that's entriely wrong unless they have trade marks.

    If they have nothing trade marked and copyrighted then they have no legimitate proof that a court will accept.

    The said methods exist as legal proof.


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    #5
    thecleverone
    Closed Accounts Posts: 337 ✭✭thecleverone


    CRO have no restrictions on the amount of people using the same business name. Their website CLEARLY states that there is absolutely no protection when registering business names. Its only Limited Company names that are protected. So the fact that someone has already registered the business names means that you can still register it as well. Now, if they've trademarked the name, then thats a different story.....


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    #6
    keefg
    Registered Users Posts: 3,187 ✭✭✭keefg


    I stand corrected apparently.

    Go for it OP and let us know how you get on.


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    #7
    kikel
    Users Awaiting Email Confirmation Posts: 2,584 ✭✭✭kikel


    Thanks all.
    I'll do some more research about how good an idea it is. As i said this idea only occurred to me last night.


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