Formalities

Choosing and registering a name for your business

There are three aspects to consider here:

• Choosing a name
• Registering a business name
• Internet names.

Choosing a name

• Unique
• Easy to remember, pronounce and spell
• Informative
• Image-creating.

If your business is going to trade as a limited company, there are some restrictions on the name you choose. For example, you may not use as a name for a limited company any name which:

• Is identical to the name of an existing company
• Is identical to, or could be confused with, the name of a foreign company which conducts business in Ireland
• Is identical to a well-known trade mark
• Could be confused with the name of an existing company, because it is phonetically identical or the difference in spelling is such as to be immaterial
• In the opinion of the Minister for Enterprise, Trade and Employment, is undesirable
• Implies State sponsorship
• Uses certain restricted words, such as “Bank”, “Banker”, or “Banking”, “Society”, “Co-op”, “Co-operative” or “Insurance”.

Even if your business is not going to trade as a limited company, there are still some rules to be followed. You still cannot use the name of an existing business, or one that will be confused with the name of an existing business. However, a partnership can use the same name as an existing partnership, provided the name consists only of the names of the partners. In general, follow the rules for companies above.

Registering a business name

If you are trading in one of the other business structures, it is advisable to register the name of the business.

However, note that registration of a business name does not:

• Give protection against duplication of the name (since others may be entitled to use it, though you can prevent them from “passing off” – pretending to be you)
• Imply that the name will prove acceptable as a company name (it may already be registered, or become registered later, as a company name)
• Authorise the use of the name, if its use could be prohibited for other reasons — for example, because the name proposed is the trade mark of another person.

Because of this last point, it is important to check whether someone else might have rights in the proposed name before spending money on stationery, signs etc. Check at the Companies Registration Office, Dublin.

To register a business name, you must:

• Complete Form RBN1B (available for download from the Companies Registration Office web-site)
• Send it with the prescribed fee, currently €40.00 (€20.00 if you register online), to The Registrar of Companies, Companies Registration Office, Parnell House, 14 Parnell Square, Dublin 1.

You can do this when you are sending in the documentation for the formation of the company.

On registration of your business name, you will be issued with a Certificate of Business Name. This must be displayed prominently at the company’s registered or principal office and in every branch or premises.

Internet names

Now move on to consider the other aspects of formalities:

• Choosing and registering a legal structure for your business
• Choosing and registering a name for your business
• Registering for taxation
• Setting up accounting systems
• Ensuring that your business meets all applicable legislation and regulations
• Ensuring that your business meets all appropriate quality standards
• Opening a bank account
• Arranging for appropriate insurance
• Protecting your business' intellectual property.