Written answers

Wednesday, 1 October 2008

Department of Enterprise, Trade and Employment

Business Regulation

2:00 pm

Photo of Damien EnglishDamien English (Meath West, Fine Gael)
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Question 66: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the intellectual property protections afforded to a company (details supplied) that is fully registered in the State for taxation, VAT and with the Companies Registration Office that faces competition from a company based outside the State but that uses a similar name in the promotion of its services to the detriment of the indigenous company; and if she will make a statement on the matter. [32734/08]

Photo of Damien EnglishDamien English (Meath West, Fine Gael)
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Question 67: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the protections afforded to a company (details supplied) that is fully registered here for taxation, VAT and with the Companies Registration Office that faces competition from a company based outside the State but that uses a similar name in the promotion of its services to the detriment of the indigenous company; and if she will make a statement on the matter. [32733/08]

Photo of John McGuinnessJohn McGuinness (Carlow-Kilkenny, Fianna Fail)
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I propose to take Questions Nos. 66 and 67 together.

My officials have already corresponded with the company concerned on this matter from a Company Law perspective and explained that the Companies Acts provide that a company may not be registered with a name that is, in the opinion of the Registrar of Companies, "too like" that of a company already on the Register. Insofar as intellectual property protections are concerned, legislation relating to trademarks and other forms of protection would not normally protect directly against others using similar company names in the promotion of their services; an exception would be if, for example, the company name itself has been trademarked.

I understand that the company has already been in contact with the Irish Domain registry, which maintains and manages the database of registered Top Level domain names. The Deputy will be aware that the regulation of internet domain matters, including name disputes, rests with the Minister for Communications, Energy and Natural Resources.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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Question 68: To ask the Tánaiste and Minister for Enterprise, Trade and Employment if her attention has been drawn to delays in the registration of business names in the Companies Registration Office; if, having regard to the importance of such procedure, the situation will be addressed; and if she will make a statement on the matter. [32850/08]

Photo of John McGuinnessJohn McGuinness (Carlow-Kilkenny, Fianna Fail)
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The volume of applications for registration of business names has increased consistently in recent years. That increase in volume, coupled with the recent adoption of a new system for effecting registrations, has led to the build-up of a backlog in the registration of business names and the issuing of business name certificates to applicants. The Companies Registration Office has recently reallocated with the objective of eliminating the business names backlog and I am confident that these measures will have the required effect.

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