# Using name of dissolved company



## widebody (19 Apr 2010)

Will prob run this by a solicitor but just checking to see if anyone might know.

We're thinking of changing our operating name to better reflect our type of business. I ran the chosen option through the CRO database and saw a company used this name previously, but dissolved in 1986. Does this mean the name is up for grabs or would it still be 'owned'?

We wouldn't be registering the new name as a limited company, just trading under this name.

Thanks for any help.


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## RonanC (20 Apr 2010)

A trading name (business registration) is totally seperate to a name of a Limited Company. 

The dissolved company has entitlement to that Limited "name" for 20 years, so if dissolved in 1986 that entitlement ran out in 2006. This means that anyone within reason (as long as the name if different to any other company names on the register) could incorporate this Limited company name. 

Again this is completly seperate to any trading names (business names) and they are treated totally differently. There is no name protection on business names.


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## Paddy199 (20 Apr 2010)

Does incorporating not protect that business name? I taught it did.


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## mcaul (20 Apr 2010)

Paddy199 said:


> Does incorporating not protect that business name? I taught it did.


 
yes & no

It can protect your name within the field your business is

e.g. Mc Donalds

Mc Donalds Restaurants
Mc Donalds Pizza
Mc Donalds Cycles
Mc Donalds Centra

You could not call yourself Mc Donald's Pizza as it would be in conflict with the little burger chain we all know, but no problem with mc donalds cycles / centra as there could be no confusion


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## Paddy199 (22 Apr 2010)

Question: Lets say your company is named 'Retro Fit Out Limited'. Can someone start a trade called Joe Bloggs t/a Retro Fit Out? (The company names are hypothetical here)

I taught not.

But if the other way around, you could incorporate it even if someone was using it as a trading name.


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