One of the most common misunderstandings among new business owners is the belief that registering a business name and purchasing a domain automatically protects their brand.
Unfortunately, that’s not the case. While business names and domain names are essential parts of setting up a company, they don’t give you the exclusive right to your brand. In Ireland, the UK and EU only a registered trade mark gives you guaranteed enforceable rights to stop others from using the same or confusingly similar brand.
1. Business Names: No Brand Exclusivity
When you register a business name with the Companies Registration Office (CRO) in Ireland or Companies House in the UK, you are completing an administrative step; you are not securing protection for your brand.
A business name registration simply lets you trade under a particular name. The purpose is to inform the public who is behind the business, not to grant ownership of that name. The CRO and Companies House do not check whether your business name conflicts with existing trade marks. Two completely unrelated companies could therefore trade under very similar names, each having registered them separately with the CRO or Companies House, but one could still be infringing the other’s trade mark. As such, a business name registration is really about transparency; not brand exclusivity.
2. Domain Names: First Come, First Served
Owning a domain name (such as frkelly.com or frkelly.co.uk) doesn’t give you any legal rights over that name beyond control of the web address itself. A domain name is effectively an address; not a legal right to a brand.
Domain names are allocated on a first-come, first-served basis by registrars, not intellectual property offices. That means someone else could register the same name as a trade mark and legitimately stop you from using it for branding, even if you own the domain.
If disputes arise, the domain can even be taken from you if it’s found to infringe another party’s trade mark or to have been registered in bad faith.
3. Trade Mark Registration: Exclusive Brand Protection
A registered trade mark is the only way to gain exclusive legal rights to your brand name, logo, or slogan in Ireland, UK and EU.
Trade mark registration gives you the power to:
You can register a trade mark with the Intellectual Property Office of Ireland (for Ireland), the UK Intellectual Property Office (UK IPO) (for the UK), or via the European Union Intellectual Property Office (EUIPO) for EU-wide protection.
Importantly, trade mark attorneys assess whether your trade mark is distinctive and check for conflicts with prior trade mark rights, ensuring that your mark will be valid and enforceable. Business name and domain name registries do not do this. Trade mark registrations protect your brand identity. Business names and domains do not.
4. Why It Matters
Many start-ups and small businesses invest heavily in branding, signage, packaging, and marketing without checking whether the name is clear to use from a trade mark law perspective. This can lead to costly rebrands or worse, expensive and time consuming infringement claims.
On the other hand, others believe they’re protected simply because their business name is registered or they’ve owned a domain for years. However, without a trade mark registration that perceived “ownership” is shaky. A trade mark registration is the foundation of brand security. It’s the difference between merely using a brand and legally owning it.
5. Getting It Right
If you’re launching a new brand in Ireland or the UK, here is a simple and straight-forward strategy:
6. How FRKelly Can Help
At FRKelly, we help businesses in Ireland, the UK and internationally to secure and protect their brands.
Our trade mark attorneys can:
Whether you are an established business or start-up, we can guide you through the process to ensure your brand is properly protected.
To learn more or speak with one of our trade mark attorneys, please contact FRKelly or visit our website www.frkelly.com
By David Flynn
