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Question on Company Name registration

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  • 09-05-2011 1:31pm
    #1
    Gambler
    Registered Users Posts: 1,825 ✭✭✭


    Hey all,

    I have a company name in mind for a limited company but when I do a search for that name on CRO it is already there as a registered business name from 2009.

    When I do google searches for both the name and the address I can't find any indication that the business is actually trading so I'm wondering what options I have?

    What would happen if I was to register the same name as either a limited company or as a RBN? My business will be a local business in Dublin 6 and the other business is registered in Arklow so we shouldn't give each other any problems (and they haven't got a web presence that I can find) but if I am very successful with my business can this be a problem down the road?

    Thanks,

    Gambler


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    #2
    martinn123
    Registered Users Posts: 2,300 ✭✭✭martinn123


    Gambler wrote: »
    Hey all,

    I have a company name in mind for a limited company but when I do a search for that name on CRO it is already there as a registered business name from 2009.

    When I do google searches for both the name and the address I can't find any indication that the business is actually trading so I'm wondering what options I have?

    What would happen if I was to register the same name as either a limited company or as a RBN? My business will be a local business in Dublin 6 and the other business is registered in Arklow so we shouldn't give each other any problems (and they haven't got a web presence that I can find) but if I am very successful with my business can this be a problem down the road?

    Thanks,

    Gambler
    Hi Gambler,as far as I am aware the CRO will not register a Ltd Co if the name already exists......... However they do not check if its registering a business name........but you have to be aware of any Trade marks that may exist to the original user.Visit www.cro.ie you can download various explanatory leaflets.


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    #3
    Mr Moxie
    Registered Users Posts: 72 ✭✭Mr Moxie


    martinn123 wrote: »
    Hi Gambler,as far as I am aware the CRO will not register a Ltd Co if the name already exists......... However they do not check if its registering a business name........but you have to be aware of any Trade marks that may exist to the original user.Visit www.cro.ie you can download various explanatory leaflets.

    Hi Martinn123

    Just a quick question that you may be able to help me with...
    I have started a new business, I have a partner, we have registered a business name which will be the main business and in time we hope to have several small businesses trading under their own names. For now we will be trading under a different name relating to the product we are producing.
    For example: Example Enterprises trading as Sample
    My question is relating to the best way to protect the product name, which we will be trading as? We don't have our proper branding in place yet and probably won't for a while, should I just hold off and trademark it then?
    In the meantime how can I secure the name we are trading under so nobody else can use it??

    Thanks in advance


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    #4
    thecleverone
    Closed Accounts Posts: 337 ✭✭thecleverone


    What would happen if I was to register the same name as either a limited company or as a RBN?

    If it's just a business name and not a limited name that's registered, then you have the option of registering the name as either a limited company or as a business name.

    If the existing name is registered as a limited company, then your only option would be to register it as a business name.

    Limited company names are protected so you can't register the same company name or a similiar company name to a limited company that's on the register. Even if the limited company is dissolved, it has to be dissolved for more than 20 years for someone to register the same or similar name.

    That said, if there's a limited company name on the register, you will still be able to register that name as a business name (obviously without the Ltd on the end) as there is no protection afforded to registered business names which means that any number of people can register the same business name. I can see you have done a bit of research into whether the company is trading or not and thats the best thing to do because although you can register any business name, if an existing business is using that name already, they could try persue you for "passing off". I would also recommend checking the patents office to see if the name in question is trademarked.

    Hope this helps.


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