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Six months after setting up I have discovered that someone else is trading under a very similar company name to my own for a confectionary product. I registered the name with the Companies Office – is there anything I can do about this?

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Six months after setting up I have discovered that someone else is trading under a very similar company name to my own for a confectionary product. I registered the name with the Companies Office – is there anything I can do about this?

Registration of a company or business name does not in itself give protection against others who might commence using identical or similar marks. Trademarks should not be confused with trade names.

Misconceptions people have about trademarks

There is a misconception that having a limited liability company name, business name registration or domain name registration allows use of that name and provides trademark protection. Not so!

The only way to ensure that a name is available for use/registration as a trademark is by carrying out trademark availability searches. The only way to obtain exclusive rights to, and protect, the name under which you wish to trade is by way of trademark registration.

Your ability to take action against another person using a name identical with, or similar to your own, will depend on a variety of factors, including, for example, the nature of the respective businesses; what the respective trading names are; and how long the other person has been trading under that name. Bear in mind that they could have started using their name before you did!

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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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.
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1. AIB Business Banking
  Details of AIB's business start-up package.
2. City and County Enterprise Boards
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  Plato Ireland is a confidential business support forum for owner managers of SMEs.
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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
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5. Synergy Centre
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6. The Health and Safety Authority (HSA)
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7. Údarás na Gaeltachta
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8. Young Entrepreneur Programme and Awards
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2. Gadget Republic
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3. Silicon Republic
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4. Tibus
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Six months after setting up I have discovered that someone else is trading under a very similar company name to my own for a confectionary product. I registered the name with the Companies Office – is there anything I can do about this?

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Misconceptions people have about trademarks

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