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Spoiltchild Design

Product Naming

Perhaps a question suited for Brian?
What, if any, are the legal requirements for naming a product?

Brian has a few web applications and programs on the go and i am assuming that these are all sub brands/products under the one registered company.

As we are intending to release a couple of products down the line, Two web services and a desktop application, i need to start thinking about this. I understand the business name legalities however what about the product it produces?
Are we entering trademark country? What are the legalities of trademarks in Ireland and Europe and are they recognised across international borders?

And finally with the recent amendments to EU and Irish law regarding immediate copyright on creation do trademarks in real terms offer any more protection?

Or is it better to register the domains and deal with a problem only if it appears?

I will search out some legal advise on this and let you know my findings.

  1. You can search for company names and registered business names at the CRO. The Irish patent and trademarks office also has an online search facility – so you can make sure you’re not infringing anything there.

    Other than that, you’re an Irish company and can’t be expected to do a world-wide naming due diligence. And your only registered in Ireland, so if you’re not doing anything illegal here, your reasonably safe.

    Don’t take my word for it though – legal advice is always useful – just a word of warning : don’t let an over-cautious lawyer get you to spend a small fortune on checking international databases to make sure your name is unique. Loads of businesses trade under the same name.
    Ed Byrne    Nov 1, 03:03 PM    #
  2. Thanks Ed, Great advice.
    Alan    Nov 2, 11:31 AM    #
  3. Naming is easier than you imagine. The problem arises when people get ahead of themselves and start worrying about international trademarks etc.

    At a basic level you find your domain name first, then you have a quick check around the web that there is no similiar apps with the same name.

    The do a quick search at www.uspto.gov do not worry if the same name is trademarked, if its in a different area it does not really matter.

    As for the business stuff, just keep it all under your main company for now, you need to register a business name with CRO to get the irish domain but that only cost €20 or something. Give me a shout if you need more info.
    Brian O'Neill    Nov 3, 10:05 AM    #