Written answers
Tuesday, 1 June 2004
Department of Enterprise, Trade and Employment
Company Registration
9:00 pm
Róisín Shortall (Dublin North West, Labour)
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Question 110: To ask the Tánaiste and Minister for Enterprise, Trade and Employment if she has satisfied herself with the regulatory regime for the registration of companies in view of the fact that a company, details supplied, which is long registered has discovered that another company in the same line of business is operating under almost exactly the same business title and is not registered; if she has further satisfied herself that the powers of the Companies Registration Office is adequate in preventing such practice; and the plans she has to strengthen the regulatory controls in this area. [16552/04]
Mary Harney (Dublin Mid West, Progressive Democrats)
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Unlike under the statutory provisions for the registration of a company name, there is nothing to prevent a business using the same or a similar business name to one already registered. Thus, for example, there are a large number of business names, quite legally, registered as the "Central Hotel" or the "Village Inn".
The purpose of the statutory requirement to register a business name is to disclose to the public the identity of the person or persons, legal or natural, who are trading under that name. It is not intended to, nor does it, confer any rights as to the use of the name registered.
Where a business is of the view that another business is using its company name in a manner which would damage its business, for example, by stealing clients, it can take civil legal action against that business under the general law of "passing off". Neither my office nor the Companies Registration Office has any functions in this regard. I have no proposals to change the law in this regard.
A person carrying on a business under a business name which is not registered is in breach of the Registration of Business Names Act 1963 and may be subject to prosecution. The maximum fine for an offence under this Act is â¬126.97, which I believe should be substantially increased and I will do so at an appropriate opportunity.
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