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Using an existing trademark as part of a business name

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  • 19-08-2020 4:22pm
    #1
    MrCostington
    Registered Users Posts: 1,268 ✭✭✭


    Hi,

    I want to setup a new business name/website and I have a noun I want to use as part of my name.

    Let's say I want to name it Everest Adventure, looking here:

    https://eregister.patentsoffice.ie/query/TMQuery.aspx

    Everest on it's own is registered, and so is Everest Glacier, and several other with a removed status containing Everest.

    In this case is Everest Adventure OK? As an RBN of a LTD company?

    Thanks.


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


    Once it cannot be reasonably confused with another name, there's no problem.

    You can have McDonald's bicycles, McDonald's supermarket, McDonald's gift shop, but not McDonald's Cafe


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    #3
    MrCostington
    Registered Users Posts: 1,268 ✭✭✭MrCostington


    Darc19 wrote: »
    Once it cannot be reasonably confused with another name, there's no problem.

    You can have McDonald's bicycles, McDonald's supermarket, McDonald's gift shop, but not McDonald's Cafe


    That's great, thanks.


    Is there a concise explanation of these rules anyhere?


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    #4
    GerardKeating
    Registered Users Posts: 7,660 ✭✭✭GerardKeating


    Darc19 wrote: »
    You can have McDonald's bicycles, McDonald's supermarket, McDonald's gift shop, but not McDonald's Cafe

    Maybe, but if McDonald's sue, they have deep pockets.


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    #5
    silver2020
    Registered Users Posts: 2,045 ✭✭✭silver2020


    GerardKeating wrote: »
    Maybe, but if McDonald's sue, they have deep pockets.

    McDonalds Cycles have been operating for many years without any problem as has McDonalds Bridal, Old McDonalds Farm Foods, McDonalds convenience store (new ross), McDonalds Pub (plenty of them) and I'm sure there are many more examples

    Once it does not cause confusion in the eyes of a customer, and you are not making any attempt to take advantage of the trademark, it would not be an issue


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


    MrCostington wrote: »
    That's great, thanks.


    Is there a concise explanation of these rules anyhere?

    Basically when you register a trademark you have to choose the Madrid class(es) which it applies to.

    There's a load of them and a trademark can be registered for multiple classes of goods / services.

    So as in the example, McDonald's would have protection for a variety of classes related to food services, but it's highly unlikely they have it for say plumbing.

    The other thing with trademarks is that, depending on the jurisdiction, you will need to prove usage, so this is meant to stop companies blocking a term in areas that they have no valid interest

    Also if you're going down the trademark route and can prove use etc., then you'd probably be better off getting an EU trademark directly than just an Irish one.

    The issue of "confusion" is a bit of a quagmire and even if you check the Irish trademark register you'd also need to check the EU one.

    HTH

    Michele

    Blog | Tweets



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    #7
    MrCostington
    Registered Users Posts: 1,268 ✭✭✭MrCostington


    Many thanks Michele, that is useful information!


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