A business name is different to a registered trade mark.

Registered trademarks are much stronger legally than a registered business name.

In Ireland, business name registration comes under the Registration of Business Names Act, 1963. But the business name is not protected by this law.

Businesses in Ireland are required under the Registration of Business Names Act to notify the Companies Registration Office of any such change of business 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.

In Ireland, business name registration is a regulatory requirement. It is very different from registration of trademarks. Some of the main differences involved in business name regsitration compared with trademark 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 it being copied;
• registering a business name does not stop you being sued for copying or using a name that is similar to a registered trademark.

Business owners often confuse business name registration with trade mark registration. They are very different. Some business owners think business name registration under the Registration of Business Names Act provides brand protection, however it does not do this. If you want protection of your name, logo, brand or trademark, then business name registration under the Registration of Business Names Act is not appropriate. Business name registration under that Act 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.

Business name registration is no protection against being sued for copying a registered trademark

For example, about a dozen businesses are registered as names containing the term IKEA in them, and last time we looked there were 27 entities using "Little Treasures" in their names and

• 3,000 had "RESTAURANT" in the business name,
• 2,000 had "FOOD" as a business name,
• 1,000 had "CAFE" in the business name

- so business name registration does not guarantee any exclusivity to stop others from copying a business name, or from infringing a business name, or to stop you being sued from the holder of an existing registered trademark.

To protect a business name, turn it into a registered trademark

To protect a logo, brand or trade mark, then the most appropriate approach is to get it registered under trademarks legislation, the Trade Marks Act, 1996 or under Community Trade Marks Regulations, which is quite different to the business name legislation, but which is necessary for trademark protection.

Generally, business names are not brand names, although in principle, they could be brands. For example, John Smith trading as "News Here" is legally obliged to register the business name. The function of business name registration is to record the place of business, and the type of business involved. In effect, one it main functions is to notify consumers and regulators of the address or the place from which a trade or business is operating from. Not much more! Using business name registration under the Registration of Business Names Act has the following attributes:

• No protection for the business name.
• Does not stop somone copying the business name.
• Does not stop someone copying the business services.

This is why all businesses should consider trademark registration, which can provide protection of the business name for the particular goods/services.

We have seen examples of business names registered under the Registration of Business Names Act, being forced to change or close, because the owner of a registered trademark could enforce protection of their name or brand.

The difference between business names and registered trademarks include: -

• business names do not have to meet legislative tests like registered trademarks.
• business names can describe the particular goods/services involved.
• business names can be corporate names, names of company divisions, and "trading as" names.

Apart from certain exceptions, the Trade Marks Act, 1996 indicates that registered trademarks cannot exclusively consist of signs that exclusively refer to the kind of goods/services or their quality.

You cannot successfully use business name registration to stop another party from using a similar name (visually, phonetically or conceptually).

In this regard, business names are not nearly as powerful as registered trademarks. Business owners should understand that registered trademarks are much more powerful and can convey significant benefits to holders, far in excess of the registered business name.

Registered trademarks obtain key specialised rights from being registered, unlike registration of business names. Visit our page that highlights some of the features of registered trademarks.

BATTLE^®'s services can handle your requirement to register a business name, or trademark in Ireland, the EU, UK, USA and other Madrid Protocol countries as appropriate.

Again, fixed fees apply - not time based fees. However, we recommend that customers should consider trademark registration where appropriate for business name and trademark protection.

Quality trademarks services - for registered trademarks

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so that they will repeat their trademark business
with us again in the future.