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Business Name | Legality Issues?

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  • 08-05-2020 8:14pm
    #1
    TwistedPixel88
    Registered Users Posts: 87 ✭✭


    Hi,

    I intend to set-up a business this coming June and I'm currently exploring business names, I have settled on one I really like after a brainstorming session.

    But there is a company in Australia who has the exact same name and in the ballpark of same services, I will be offering web design & development, they offer visual effects and digital art.

    What are the legalities surrounding this?

    Thanks


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    #2
    Darc19
    Registered Users Posts: 3,817 ✭✭✭Darc19


    None whatsoever unless you are targeting Australia


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    #3
    MyTax Ireland
    Registered Users Posts: 30 ✭MyTax Ireland


    TwistedPixel88 wrote: »
    Hi,

    I intend to set-up a business this coming June and I'm currently exploring business names, I have settled on one I really like after a brainstorming session.

    But there is a company in Australia who has the exact same name and in the ballpark of same services, I will be offering web design & development, they offer visual effects and digital art.

    What are the legalities surrounding this?

    Thanks

    You should be ok - unless they have a European / Worldwide Trademark. This is very unlikely.

    Also, you should check the CRO and see if the business name is registered in Ireland.


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    #4
    ironclaw
    Registered Users Posts: 8,004 ✭✭✭ironclaw


    Legalities aside, it may be worth doing some research on SEO and the digital ad space. If they are actively marketing globally (unlikely but possible) then you could have an uphill battle to rank or market in a cost-effective manner.


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    #5
    TwistedPixel88
    Registered Users Posts: 87 ✭✭TwistedPixel88


    MyTax Ireland wrote: »
    You should be ok - unless they have a European / Worldwide Trademark. This is very unlikely.

    Also, you should check the CRO and see if the business name is registered in Ireland.

    Yea wasn't sure about that but any of the TM sites I viewed they weren't registered


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    #6
    TwistedPixel88
    Registered Users Posts: 87 ✭✭TwistedPixel88


    ironclaw wrote: »
    Legalities aside, it may be worth doing some research on SEO and the digital ad space. If they are actively marketing globally (unlikely but possible) then you could have an uphill battle to rank or market in a cost-effective manner.

    Correct, I'm debating whether to leave it and find another name as I know the struggles of trying to get decent rankings even without that as a hurdle. Thanks for the advice


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    #7
    Make It Real
    Registered Users Posts: 62 ✭✭Make It Real


    I'd be a bit wary of going with the same name, to be honest.

    You're both in a digital area which, although you might prioritise selling to local clients, technically you'd probably do business with clients globally, putting you in competition with each other. Which might give them basis for a complaint, if not actually win a case. (I don't know your circumstances obviously, just working big picture).

    Between that and the SEO issues, I'd certainly be looking at other options and weight it up.


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