A Company Name cannot…..
- Be identical to another one on the CRO Register
- Be confused with a name on the CRO Register (consider spelling/phonetics)
- Be offensive
- Imply state state sponsorship
- Have the word “standard” in the title
In addition…..
- Some terms/words are not considered sufficiently distinctive e.g. & Co or Company, Associates, Place Names etc
- A number on its own will not be accepted as a sufficient distinguishing mark, unless the company concerned is part of the same group
- The use of a year in numerals to differentiate between two companies of otherwise the same name is prohibited
- Some words/terms require permission from the relevant authority e.g. “bank”, “co-op” “Architect” “Regional Technical Collage” and “University”
- Avoid names like “holding” or “group” unless it is a holding company or a company within a group
Usefully…..
- If the Company name is similar to another on the CRO Register, the CRO will usually accept the name if it can provide a “Letter of No Objection” with your incorporation documents
- If the Company name you want is not sufficiently distinguishable and you can’t get a letter of “No Objection”, you will need to insert additional words in the title e.g. “Smith Jones Motor Sales Limited” distinguishes itself from “Smith Jones Limited”.
- If the CRO accidently registers a name and an objection is raised on the grounds of similarity with another company name (within 6 months of incorporation) the CRO can instruct you to change the name (section 30 Companies Act 2014).
The CRO does not check proposed company names against names on the business names register and the trade mark register. Consequently, if in doubt, check these registers to ensure that your name choice doesn’t conflict with a business name or trade mark since any person claiming to have a right to that name could take an infringement action or a civil passing off action to protect his/her interest.
You can undertake a search of the trade mark register at the Intellectual Property Office of Ireland.