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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 9973
Experience:  30 years as a practising solicitor.
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Hi there, Im naming yet another project and would love it

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Hi there, I'm naming yet another project and would love it if you could help. My friend and I are starting a small publishing press and want to call it 'Cellar Door Press' or 'Cellar Door Publishing'. It would be based in Edinburgh but the website would mean it could be reached internationally. 'Cellar Door' is trademarked and 'Cellar Door Press' seems to be a magazine elsewhere. Are we allowed to use it? Or a variation of it? Thanks. :)
Thank you for your question.

There are two issues:

1. Trademark. If the existing trademark is in the same category as is used for publishing, then you would be on breach of the earlier trademark and the holder of that trademark could take action against you.

2. Passing off. If your business could be confused in the eyes of the public with the other one then again they could raise an action for passing off.

On balance you should try to find another name that would not either breach the trademark or be susceptible to passing off. A variation may be permissible again provided that no one is likely to be confused between the two names.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.
Cellar Door seems to be a wine company. If I contacted these companies to get their permission, would those emails stand up if they tried to sue us?
The wine company would not be a problem as their trademark will be held in a different category from your business.

It's the magazine that you might have a problem with.
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