- Music
- 21 Sep 06
Need help, advice or a second opinion? Put your music industry question to the [email protected].
This fortnight, Fran from Cavan is tired of people confusing him with another, more famous musician because of the similarity of their names. He’s thinking of changing his stage name and wonders if he has to register it somewhere if he wants to become known by this other name?
A – Unfortunately it is not possible to copyright a name as copyright does not apply to names. However you can register a business name with the Companies Registration Office (CRO). In the case of an individual you need to complete a Form RBN1 and submit it to them with €40 for a paper filing or €20 for an electronic filing - this must be done within one month of adopting the name. The CRO does not vouch for the uniqueness of your chosen name and so it is advisable to investigate if others have rights to the name you propose to use. This can be done on their web-site at www.cro.ie. Once you’ve registered the business name it must be shown on all business letters, invoices, circulars, posters etc.
Alternatively you can register a trademark with the Irish Patents Office. This will create an official record of your rights as owner of a particular trademark and will make it easier to prevent others from using it. To apply for a trademark you need to complete Form No.1, which can be downloaded from their web-site (www.patentsoffice.ie) and which must be accompanied by a €70 application fee, a representation of the trademark and a statement of the type of goods/services for which it is being sought. The Patents Office will then check its suitability for registration. If it is accepted, details of it will be published in the Official Journal. The public then have three months to object to it and all going well, you will then have a trademark for a period of ten years on payment of a €177 registration fee. The trademark can be renewed every 10 years on payment of a further €250 renewal fee. If you want protection beyond Ireland you should go to their web-site where the alternatives are discussed in more detail. You should know that to register a trademark internationally you are probably looking at fees of thousands of euros.