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Choosing a Business Name FAQ

What is a business name?

It is a name used to carry on business by any individual, body corporate or partnership (whether of individuals and/or bodies corporate), which has a place of business in the Republic of Ireland, and which name is not the same as their own true name(s).

  1. an individual who trades under a name which is not his/her true surname. It makes no difference whether the individual's first names or initials are added. So the Act would apply to Mr. John Murphy if he traded as "Murphy Builders" but not if he traded as "Murphy" or "John Murphy".
  2. a partnership which does not trade under the true names of all partners who are individuals and/or the full corporate name of all partners which are bodies corporate
  3. a company which trades under a name which is not its full corporate name, for example "Murphy Construction Limited" trading as "Murphy Builders".
  4. a person who, having a place of business in the State, carries on the business of publishing a newspaper.

The applicant must have a place of business in the State and carry on business under a business name.

What are the registration requirements?

An application for registration must be submitted to the CRO within one month of the date of adoption of the business name.

You should note that registration of a business name:

  • does not give protection against duplication of the name
  • does not imply that the name will necessarily prove acceptable subsequently as a company name
  • 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 mark rights) exist in the name.

What checks should I make before applying to register a business name?

The CRO does not check proposed business names against names on the registers of companies, business names or trade marks. You are, therefore, advised to investigate the possibility of others having rights in the name you propose to use before incurring expenditure in stationery, etc.

What do I receive from the CRO following registration of a business name?

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

Must the certificate be displayed in a particular way?

The original certificate of registration must be exhibited in a conspicuous position:

  • in the case of a firm or individual, at the principal place of business, with an official duplicate certificate so exhibited in every branch office or place where the business is normally carried on
  • in the case of a body corporate, at its registered office in the State with an official duplicate certificate so exhibited in every branch office or place where the business is normally carried on
 

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