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New brand name, but .com taken

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  • 04-11-2008 10:50am
    #1
    cormie
    Registered Users Posts: 20,836 ✭✭✭✭


    Hi there,
    I'm thinking about setting up a new business and I'd like a website for it too. I have a really good name for it, but unfortunately, the .com of this name is already taken. I want to use it as a brand name, but I think they are just using it as a good address to promote something else, but I'll be actually using it the same way say these guys use "bionade" http://www.bionade.com/bionade.php/20_en?usid=49101b1d9edd749101b1d9f59e, on their products.

    Is there anything to stop me still using the name on my products and I could just register a different.com for example "bionadeco.com" or "bionadedrinks.com" or something like that? I probably wouldn't be able to sell products under the name "Bionade" though would I? So how do I know that the one I want isn't being used by somebody else that would restrict me from using it?

    Any feedback appreciated :)


Comments

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    #2
    Eoin
    Registered Users Posts: 21,257 ✭✭✭✭Eoin


    I really wouldn't go on what .com domain is taken, and worry more about registered trademarks and all that stuff. I'd maybe ask in the Entrepreneurial & Business Management forum.


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    #3
    cormie
    Registered Users Posts: 20,836 ✭✭✭✭cormie


    I've posted there too, thanks.


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    #4
    AARRRGH
    Closed Accounts Posts: 12,382 ✭✭✭✭AARRRGH


    You can search for a trademark here: http://www.patentsoffice.ie/eregister/Query/TMQuery.aspx


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    #5
    cormie
    Registered Users Posts: 20,836 ✭✭✭✭cormie


    Thanks for that. Is that a worldwide trademark search, or just Ireland?

    The name isn't showing up on that site anyway, which I would have guessed if it's just Ireland, but hopefully it's worldwide :D

    The name I'll be choosing will be a play on a few different names, so wont be a common name at all, just so happens it's taken as a .com :(


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    #6
    mneylon
    Registered Users Posts: 7,739 ✭✭✭mneylon


    If it's going to be an online business then you really will need to get the .com

    Blog | Tweets



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    #7
    cormie
    Registered Users Posts: 20,836 ✭✭✭✭cormie


    Fortunately it wont be an online business at all, well maybe in years to come if it's really successful but for the foreseeable future, the product will just be sold in retail outlets so the site would just be for info on it I suppose?

    So I wonder with that in mind, should I just go ahead and call it the name I want to call it? Or would/could there be implications if I do that?


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    #8
    BenjAii
    Closed Accounts Posts: 545 ✭✭✭BenjAii


    Cormie, if I think what you are asking is, is there are anything to prevent you trading using the name, despite someone else using it ?

    On a recent starting your own business course I was on I brought up that point with a solicitor & was told the answer is no; there is nothing to prevent you, you would only be breaking Irish law if you were trying to pretend to be another entity or pass off goods fraudulently assuming its identity.

    I assume the .com owner is in another jurisdiction, I'm not sure what the story might be anywhere outside of Ireland


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