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Can someone steal a name?

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  • 12-01-2013 7:43pm
    #1
    quikquest
    Registered Users Posts: 96 ✭✭


    Hi,

    Just curious as to for example.

    If I buy a .com and .ie and set up a business with the CRO as a sole trader - as for example "RTFGR" is it possible for someone to "steal" or trademark/use that name?

    Could someone in the USA for example register RTFGR as a trademark? and if they do where would I stand with regards using it for commercial use?

    Could they in 2 years time take the RTFGR off me or sue me? even though I was set up with the CRO before them and own the domains before them?

    The reason I am asking close family is in the process of setting up a business and they came up with a name quite unique (they checked the internet - its not a word more just letters). They were told but one of their friends to copyright/trademark the name before they go live as someone could steal it? Surely this cant be correct?

    Thanks ;)


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    #2
    Sponge25
    Registered Users Posts: 432 ✭✭Sponge25


    Idendity theft happens every day. I don't know the details but some people use the name of a dead child or man and they assumme that name for long periods. They don't use it to rob or to fraud; They use it to stay hidden. Maybe, they have heavy charges pending or something. Maybe, there's a bullet with his name on it.


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    #3
    dickwod1
    Closed Accounts Posts: 2,101 ✭✭✭dickwod1


    I think its the first to trademark/copyright the name has the right to it.

    I know Adele the singer is trademarking/copyrighting her name to stop the people who are making perfume and that kind of celebrity crap with the name Adele on it because people think its her brand/line.

    http://perezhilton.com/2012-12-26-adele-trademarks-her-name


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    #4
    dahamsta
    Banned (with Prison Access) Posts: 16,659 ✭✭✭✭dahamsta


    The OPs post has nothing to do with identity theft.

    OP, the simple answer is yes, someone from the US can register a trademark in that name, however the trademark will need to be valid for Ireland.

    And in general, again put simply, if they're serious about protecting the name, they need to trademark it. However they need to think carefully about how important the name is, because trademarking can be complex and expensive, particularly if you bring someone in to advise on it. Which I think is wise for most people.


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    #5
    dickwod1
    Closed Accounts Posts: 2,101 ✭✭✭dickwod1


    dahamsta wrote: »
    The OPs post has nothing to do with identity theft.

    :confused: Did I say it had something to do with identity theft? :confused:


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    #6
    dahamsta
    Banned (with Prison Access) Posts: 16,659 ✭✭✭✭dahamsta


    Read the post above yours.


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    #7
    Axwell
    Moderators, Computer Games Moderators Posts: 10,462 Mod ✭✭✭✭Axwell


    quikquest wrote: »
    Hi,

    Just curious as to for example.

    If I buy a .com and .ie and set up a business with the CRO as a sole trader - as for example "RTFGR" is it possible for someone to "steal" or trademark/use that name?

    If they register a 'business name' then someone else can also register that same name. Its first come first served when it comes to getting the .ie domain pretty much - if they register as a limited company then its a different story as regards others being able to register the same name. If its a business name and someone tries to run a business with the same name as you and in the same area of business you can look into claiming they are trying to pass themselves off as you but its hassle.


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    #8
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    IIRC

    When you first start using a name, you automatically gain a common law trademark. It doesn't give you as much protection as a registered trademark but it's better than nothing.

    Already owning and using the .ie and .com domains is also a bid disincentive to anyone else trying to use your business name.

    For better protection you'll need to talk to a Tradmark lawyer:

    http://www.aptma.ie/index.htm


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