Business Name Registration

1. Business name

Under the Registration of Business Names Act 1963 the registration of a business name is obligatory if any individual or partnership (whether individuals or bodies corporate) or any body corporate carries on business under a name other than their own true names without any addition thereto. Registration of a business name is required in the following circumstances:

• Where an individual uses a business name which differs in any way from his surname.
• Where a firm or partnership uses a business name which differs in any way from the true names of all partners who are individuals and the corporate names of all partners which are bodies corporate.
• Where a company uses a business name which differs in any way from its full corporate name.
• Where a person having a place of business in the State carries on the business of publishing a newspaper.

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2. Registration requirements

The particulars for registration are required to be furnished within one month of the date of the adoption of the name. If more than one month has elapsed they should be furnished as soon as possible.

The forms of application for registration, which are available from Parfrey Murphy, are:

For an individual – RBN1

For a partnership - RBN1A

For an Irish body corporate -RBN1B

No comparison is made by the registrar with the Trade Marks Index nor the Company Index or Business Names Register. It is therefore advisable to investigate the possibility of others having rights in the name which it is proposed to use before incurring expenditure on business stationery and other items that could require subsequent change. The Registration of Business Name Act 1963 grants the Minister for Industry and Commerce, the right to refuse the registration of any name, which in his opinion is undesirable.  The applicant has the right to appeal against the Minister’s decision to the High Court.

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3. Certificate of registration

The Registrar issues a Certificate of Registration for each business name registered.

A copy of the Certificate of Registration must be exhibited in a conspicuous position:

• In the case of a firm or individual at the principal place of business and in every branch office or place where business is normally carried on.
• In the case of a body corporate at its registered or principal office in the State and in every branch office or place where business is normally carried on.

The following points should be noted with regard to the registration of a business name:

• It does not give protection against duplication of the name.
• It does not imply that the name will necessarily prove acceptable subsequently as a company name.
• It does not authorise the use of the name if its use could be prohibited for other reasons.  It should not for instance be taken as an indication that no rights (e.g. Trade Marks rights) exist in the name.

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Please call Seamus Parfrey today on 021-4310266 if you need further information on business name registration or a free consultation.