Protect a business name

teddyboy

I have the .com domain of my business name.

I now what to get the .ie domain

I want to protect the business name by naming my business the same as it very relevant

Can a business use the same name as me if I have registered that name with the CRO? Can I sue them if they do?

Can a business sue me if they already us that name but have never registered that name with the CRO?

jimmii

To get any legal protection over your name you will have to register it as a trademark. Registering it with CRO offers you no brand or name protection its just a legal obligation.

You can search here to see if a trademark has already been taken out (fingers crossed it hasn't!)

http://www.patentsoffice.ie/eregister/Query/TMQuery.aspx

Details on how to register are here its only €35 so worth doing!

http://www.patentsoffice.ie/en/trademark_register.aspx

teddyboy

if I register that name as a trademark? Can I sue them if they continue to use it to make money?

jmcc

teddyboy wrote: »

if I register that name as a trademark? Can I sue them if they continue to use it to make money?

They might be able to oppose your trademark and see that it is not granted. It might be a good thing to talk to a professional (solicitor with expertise in trademarks).

If the .ie is available and you are trading as that (with an Registered Business Name or company name) then you could probably register the .ie without too many problems.

Regards...jmcc

jmcc

jimmii wrote: »

To get any legal protection over your name you will have to register it as a trademark. Registering it with CRO offers you no brand or name protection its just a legal obligation.

You can search here to see if a trademark has already been taken out (fingers crossed it hasn't!)

http://www.patentsoffice.ie/eregister/Query/TMQuery.aspx

Details on how to register are here its only €35 so worth doing!

http://www.patentsoffice.ie/en/trademark_register.aspx

Trademarks can be a bit more expensive than that.
http://www.patentsoffice.ie/en/trademark_fees.aspx

Registered Business Name
http://www.cro.ie/ena/downloads-business-name.aspx
(No real protection but used for trading purposes and proof of entitlement for .ie domain names.)


Regards...jmcc

mneylon

teddyboy wrote: »

I have the .com domain of my business name.

I now what to get the .ie domain

I want to protect the business name by naming my business the same as it very relevant

The domain name and the business / company name do not need to be the same. If you want to "protect" the name you're interested in then you will need to go down the trademark route and also make sure you have a good record of when you first used the mark etc., (See posts by others)

teddyboy wrote: »

Can a business use the same name as me if I have registered that name with the CRO?

Yes - registering a business name does not confer any special rights or entitlement

teddyboy wrote: »

Can I sue them if they do?

No, though if you want to waste money trying I'm sure there's someone out there that would take your money

teddyboy wrote: »

Can a business sue me if they already us that name but have never registered that name with the CRO?

Short answer - yes
Longer answer - if the name is protected by trademark across multiple territories then it wouldn't be registered with the CRO necessarily. Also just because something is registered with the CRO does not give someone "rights" (do a search on the CRO for any big brand names and you'll find some quite amusing results)

teddyboy

Blacknight wrote: »

The domain name and the business / company name do not need to be the same. If you want to "protect" the name you're interested in then you will need to go down the trademark route and also make sure you have a good record of when you first used the mark etc., (See posts by others)

Yes - registering a business name does not confer any special rights or entitlement

No, though if you want to waste money trying I'm sure there's someone out there that would take your money

Short answer - yes
Longer answer - if the name is protected by trademark across multiple territories then it wouldn't be registered with the CRO necessarily. Also just because something is registered with the CRO does not give someone "rights" (do a search on the CRO for any big brand names and you'll find some quite amusing results)

Thanks that's really helpful.

I think I'll won't trademark the name as for example can the name Irish fishing shop be trademarked or Is "Irish" "Fishing" or "shop" already trademarked

Peterdalkey

You could establish an Unregistered Trademark but make sure the name is unique, establish priority (date) of first use by lodging it with a solicitor or by sending it to yourself by registered mail. and you will get some level of protection see http://frkelly.com/wp-content/files_mf/1366125082IrishTradeMarkLegalFramework.pdf

teddyboy

Peterdalkey wrote: »

You could establish an Unregistered Trademark but make sure the name is unique, establish priority (date) of first use by lodging it with a solicitor or by sending it to yourself by registered mail. and you will get some level of protection see http://frkelly.com/wp-content/files_mf/1366125082IrishTradeMarkLegalFramework.pdf

Thanks Peter

So I just register a letter and send it to my house (office)

Eg

Squareshop
Peter street estate house 7
Dublin 5

Peterdalkey

basically yes, provided that you have established that the name is unique to you in your business sector.

teddyboy

Peterdalkey wrote: »

basically yes, provided that you have established that the name is unique to you in your business sector.

Do I have to register the business first?

Peterdalkey

teddyboy wrote: »

Do I have to register the business first?

it would be smart to do both at the same time, it adds to the strength of your claim to the name.

Michael_Dare

Peterdalkey wrote: »

establish priority (date) of first use by lodging it with a solicitor or by sending it to yourself by registered mail.

That's a myth, that probably first popped up on Internet forums when amateurs started doling out 'common sense' legal advice. A registered letter from yourself has absolutely no legal weight whatsoever. None. You will be wasting the cost of the stamp. You will be laughed out of court.

mneylon

Also if you want to trade as anything other than your given name you have to register the business name - it's not optional

Peterdalkey

Michael_Dare wrote: »

That's a myth, that probably first popped up on Internet forums when amateurs started doling out 'common sense' legal advice. A registered letter from yourself has absolutely no legal weight whatsoever. None. You will be wasting the cost of the stamp. You will be laughed out of court.

So what is your advice on establishing priority in terms of usage date for an unregistered trademark. I did not contend that it conferred anything other than a specific date of usage, which could be germane in the unlikely event of a court case.

teddyboy

Peter Dalkey was right

Copyright Protection Print page icon Print this page
In Ireland, there is no registration procedure for owners of a copyright work.

Basically the act of creating a work also creates the copyright, which then subsists in the physical expression of the work. Copyrights are protected by law and illegal use of these rights can be contested in the Courts, the technical term for this misuse is infringement. The legislation provides for criminal offences and consequently infringers could face both civil liability and criminal convictions. Professional advice should be sought by copyright owners with regard to the options and the remedies available where infringement of their work occurs.


It is most important that the originator of a work can show subsequently when the work and the consequential copyright were created as it may be necessary to commence or defend infringement proceedings, at some later stage. One way of doing this is to deposit a copy of the work with an acknowledged representative who may be a bank or solicitor in such a way as to allow the date and time of the deposit to be recorded or notarised. Alternatively, one may send a copy of the work to oneself by registered post (ensuring a clear date stamp on the envelope), retaining the original receipt of posting and leaving the envelope containing the copyright work unopened thus establishing that the work existed at that date and time.