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Business name registration Ireland
A business name is different to a registered trade mark. Business name registration is dealt with under the Registration of Business Names Act, 1963.
Businesses in Ireland are required under the Registration of Business Names Act to notify the Companies Registration Office of any such change of name within one month after the change.
By registering a business name, a business is complying with the requirements of the Registration of Business Names Act. If a business ceases to carry on business under a name, then the owner is duty bound legally to notify the Companies Registration Office.
Business name registration in Ireland is a regulatory requirement. It is very different to registration of trade marks. Some of the main differences involved in business name regsitration compared with trade mark regsitration include the following:
• business names MUST be registered;
• business name registration does not convey any special rights;
• several similar business names can belong to different entities;
• there is no monopoly right inherent in a registered business name;
• registering a business name provides little or no protection against copying.
Business name registration v. trade mark registration Ireland
Business owners often confuse business name registration with trade mark regsitration. They are very different. Some business owners think business name registration provides brand protection, however it does not do this. If you want protection of your name, logo, brand or trade mark, then business name registration is not appropriate. Business name registration does not add any significant value to your name, and it certainly does not protect it in the sense of possessing the equivalent rights of registered title like property. Under the business names registration process, it is quite common to see different owners registering similar names. For example, about a dozen businesses are registered as names containing the term IKEA in them. To protect a logo, brand or trade mark, then the most appropriate approach is to have it registered under Trade Marks legislation, which is quite different to the business name legislation.
Business names are generally not brand names, although in principle, they could be. For example, John Smith trading as "News Here" is legally obliged to register the business name. Business name registration essentially records the place of business, and the type of business involved.
Business names do not have to meet legislative tests like registered trade marks. Business names can describe the particular goods/services involved. Business names can be corporate names, names of company divisions, and "trading as" names.
In general business name registration would not stop another party from using a similar name (visually, phonetically or conceptually). In this regard, business names are not nearly as powerful as registered trade marks. Registered trade marks are much more powerful and can convey significant benefits to holders, far in excess of the registered business name.
Registered trade marks obtain key specialised rights from being registered, unlike registration of business names. Visit our page that highlights some of the
features of registered trade marks.
BATTLE can handle your requirement to register a business name.
Again, fixed fees apply - not time based fees.
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