Unlike under the statutory provisions for the registration of a company name, there is nothing to prevent a business using the same or a similar business name to one already registered. Thus, for example, there are a large number of business names, quite legally, registered as the "Central Hotel" or the "Village Inn".
The purpose of the statutory requirement to register a business name is to disclose to the public the identity of the person or persons, legal or natural, who are trading under that name. It is not intended to, nor does it, confer any rights as to the use of the name registered.
Where a business is of the view that another business is using its company name in a manner which would damage its business, for example, by stealing clients, it can take civil legal action against that business under the general law of "passing off". Neither my office nor the Companies Registration Office has any functions in this regard. I have no proposals to change the law in this regard.
A person carrying on a business under a business name which is not registered is in breach of the Registration of Business Names Act 1963 and may be subject to prosecution. The maximum fine for an offence under this Act is €126.97, which I believe should be substantially increased and I will do so at an appropriate opportunity.