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I am trying to come up with an original name for my new retail business, how can I go about making sure I’m not using an existing name and is there some kind of registration required?

Meet The Experts

I am trying to come up with an original name for my new retail business, how can I go about making sure I’m not using an existing name and is there some kind of registration required?

Before you begin to use a particular name for your product or services, it is important to check that you aren't infringing any third party's existing earlier rights.

It is possible to carry out some preliminary searches yourself on the internet by using a search engine such as Google.ie and also by searching the various trademark registers affecting Ireland. These types of investigations are useful for preliminary "knock out" searches to establish whether a name is completely unavailable or not.

Contact a trademark attorney

However, this type of search is useful as an indication only, and will not totally clear a name for use and registration as a trademark. We recommend that you contact a trademark attorney to carry out full trademark availability searches to investigate any candidate trademark's availability for use/registration.

Importance of trademark registration

Registration of a trademark is not mandatory, but it is certainly strongly recommended. The only way to obtain exclusive rights to, and protect, the name under which you wish to trade is by way of trademark registration. A trademark registration provides exclusive statutory rights so that a rival company cannot legally use an identical or confusingly similar trademark to an earlier registration for identical or similar goods or services.

Answered by

Hazel Tunney

Useful Links

Business
1. Business and Leadership
  Ireland's leading online source for breaking business news from Ireland and the world; plus analysis, features and interviews with the decision makers and thought leaders.
2. Companies Registration Office
  The Companies Registration Office is the central repository of public statutory information on Irish companies and business names.
3. Endeavour
  Endeavour is an intensive global launch pad for entrepreneurs. It is targeted at ambitious, high achievers who are totally focused on changing the business space they are about to enter. They need not necessarily have been in business up to now, but will have proven themselves as achievers in their career or some other aspect of their lives.
4. Irish Franchise Association
  The Irish Franchise Association promotes the development of franchising in Ireland through exhibitions, seminars, newsletters, awards and networking.
5. Irish Internet Association
  Established in 1997, the Irish Internet Association (IIA) is the professional body for those conducting business via the internet from Ireland. The IIA provides leadership to enterprises and society conducting business in Ireland.
6. Irish Patents Office
  The Patents Office provides an efficient and effective system of industrial property protection through the implementation of the relevant legislation.
7. Revenue Commissioners
  Provides information on Irish tax and customs.
8. Social Entrepreneurs Ireland
  Social Entrepreneurs Ireland aims to encourage and support the development of social entrepreneurship in Ireland. Its mission is to promote social entrepreneurship by fostering the early stage development of a new generation of social entrepreneurs and by actively working in conjunction with the business, third level, public and voluntary sectors to support the development of a new social entrepreneurship movement. 
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1. FÁS
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2. M50 Enterprise Programme
  The M50 Enterprise Programme is an enterprise support programme provided in partnership by four higher-education institutions located in the M50 economic corridor.
Funding
1. AIB Business Banking
  Details of AIB's business start-up package.
2. City and County Enterprise Boards
  CEBs provide direct grant support to new and existing enterprises and promote entrepreneurship, capacity building and women-in-business at local level.
Networking
1. Plato Ireland
  Plato Ireland is a confidential business support forum for owner managers of SMEs.
Support
1. BASIS - Business Access to State Information and Services
  This website has been developed in order to provide business with a single access point to all government information and services.
2. Enterprise Ireland
  Enterprise Ireland is the government agency responsible for the development and promotion of the indigenous business sector.
3. InterTradeIreland
  InterTradeIreland has been given responsibility by both governments to boost North/South economic co-operation to the mutual benefit of Northern Ireland and the Republic of Ireland.
4. Shannon Development
  A government-owned regional development company dedicated to promoting and developing the Shannon Region.
5. Synergy Centre
  Synergy Centre at ITT Dublin is the innovation centre of South Dublin County, providing office space and business supports to early-stage enterprises.
6. The Health and Safety Authority (HSA)
  The Irish state-sponsored body with responsibility for securing safety, health and welfare at work.
7. Údarás na Gaeltachta
  Údarás na Gaeltachta is the regional authority responsible for the economic, social and cultural development of the Gaeltacht.
8. Young Entrepreneur Programme and Awards
  The Young Entrepreneur Programme is dedicated to illustrating the validity of entrepreneurship as a career choice, helping to identify, inform, recognise and celebrate Kerry’s next generation of business leaders - and their educators.
Technology
1. Digital 21
  Digital 21 is a campaign to highlight the imperative of creating an action programme to secure the digital infrastructure and services upon which the success of the Irish economy depends.
2. Gadget Republic
  A great guide to all the latest gadgets and gizmos!
3. Silicon Republic
  Ireland's technology news service, winner of ‘Best Technology Website’ Award at the Realex Irish Web Awards 2009
4. Tibus
  eBusiness solutions provider encompassing web design, web app development, networks infrastructure, hosting and broadband provision.

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I am trying to come up with an original name for my new retail business, how can I go about making sure I’m not using an existing name and is there some kind of registration required?

Meet The Experts

Contact a trademark attorney

Importance of trademark registration

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