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How to protect a business name from being used by other people?

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  • 31-10-2008 5:40pm
    #1
    [Deleted User]
    Posts: 0 ✭


    How do you protect a business name from being used by other people? My brain is telling me that the business must be a Ltd company and only when this is established, the business name is not allowed be used. Is that true? Surely, you can't just trademark a name?


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    #2
    information
    Closed Accounts Posts: 362 ✭✭information


    Deleted User wrote: »
    How do you protect a business name from being used by other people? My brain is telling me that the business must be a Ltd company and only when this is established, the business name is not allowed be used. Is that true? Surely, you can't just trademark a name?
    Take them to court is the only way, very expensive, and if they are the type of company that will use someone elses name, they won't pay anyway.

    * There is no protection for business name registration
    * There is protection for Ltd. company name registration
    * You can trade mark the name


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    #3
    Hogzy
    Registered Users Posts: 7,544 ✭✭✭Hogzy


    Well if the business name contains your name (eg.John Smith) then that name cant be copyrighted!!!!


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    #4
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Until someone else is called John Smyth?

    So basically a ltd company is the sure way to protect a name?


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    #5
    Hogzy
    Registered Users Posts: 7,544 ✭✭✭Hogzy


    well are you runnign a private limited company or what?


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    #6
    information
    Closed Accounts Posts: 362 ✭✭information


    Deleted User wrote: »
    Until someone else is called John Smyth?

    So basically a ltd company is the sure way to protect a name?
    No,
    It will stop anyone from registering a ltd of the same name, but
    they will still be able to register a business name the same.

    There is no way to stop anyone from registering a business name.
    If they start trading under a business name the same as yours you can pursue them through the courts for 'passing off'.
    It's up to you to protect the name, there is no body you can go to and say "these guys are trading as the same name as me, stop them". The only way to do it in via the court system. Which is expensive and time consuming.

    You can trade mark the name which would give you even more protection, details posted in this forum lots of time.


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    #7
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    information wrote: »
    No,
    It will stop anyone from registering a ltd of the same name, but
    they will still be able to register a business name the same.

    There is no way to stop anyone from registering a business name.
    If they start trading under a business name the same as yours you can pursue them through the courts for 'passing off'.
    It's up to you to protect the name, there is no body you can go to and say "these guys are trading as the same name as me, stop them". The only way to do it in via the court system. Which is expensive and time consuming.

    You can trade mark the name which would give you even more protection, details posted in this forum lots of time.

    Thanks a lot, you're certainly living up to your user name! :)


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    #8
    Mr Clonfadda
    Registered Users Posts: 372 ✭✭Mr Clonfadda


    My last job was for company which was a limited company in Ireland. An american company came along several years later and registered their name in Ireland as a Trade Mark, which was same name as My ex employer's company Name. They then took my employer to Court and he was defending it but the case was listed for december 2001. Boss couldn't defend it with Euro Changeover (IT Company) and settled out of court got a bit of money but lost business name, had to set up new company with new Name.


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