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heathener
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Joined: 24 May 2011
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PostPosted: Tue May 24, 2011 7:13 pm    Post subject: business name help Reply with quote

I recently took over a coffee house and was planning on changing the name to Divine Coffee House with a simple {divine} as the main logo. However 3 weeks ago a shop opened across town called Devine Cakes. The spelling is different (devine is an old irish surname) but i'm worried that i would be infringing any IP or anything by going ahead.

Any help would be greatly appreciated.
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bode
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PostPosted: Tue May 24, 2011 8:14 pm    Post subject: Reply with quote

I doubt this would be a problem. Look at your yellow pages directory and I'm sure you will find a host of businesses with the same name. But you have three words in your business name not one!
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AndyJ
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PostPosted: Tue May 24, 2011 8:39 pm    Post subject: Reply with quote

The main area of IP which may be involved here is that of Trade Marks. This is not really the place to go into that subject in too much detail, but I think it unlikely that a shop named Devine Cakes could easily be confused with a coffee shop called Divine, so there is little realistic prospect of anyone from the other shop making a case for infringement. A brief check the the IPO trade mark database has revealed around 120 registrations which include the word 'Divine'. Some of these are Community Trade Marks, while the remainder are UK registered marks. There is no registered mark for Devine Cakes, or for "Devine" in classes 30 (Coffee, tea, pastries etc) or 43 (services for providing food and drink). However there is a registration for "DeVine" under those classes. Check the link to see if this could be the same company as the cake shop. Also, check the last entry on the list below, just in case it has any connection with the shop in question.

However to go back to my earlier point I don't think there are any general grounds for a claim of infringement. The word Divine itself is not really the issue, more the way it is presented visually. So taking the example on the registered mark referred to in the previous paragraph, assuming that was style and typeface used by the cake shop, you should avoid a similar script and 'feel' to your signage and then you should safe. If by chance your signage were to use the same or similar handwritten script but with a smaller V it could look sufficiently like their registered mark to raise a claim of either trade mark infringement or passing off, despite the spelling being different.

Just for the sake of completeness there are a few other marks in either class 30 or 43 which use the word Divine which you should also avoid imitating in you signage. In particular note the use of a stylised heart made from the 'v' in a couple of these. Details here:
2450555
4455771
2506091
1015597
8221293
9864513
6871461
960435
And finally not a logo, but a text mark relating to cakes:
2514379
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Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007
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heathener
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PostPosted: Tue May 24, 2011 9:18 pm    Post subject: Reply with quote

Thank you very much for your input. nothing posted is related to the shop in question and the font, design and spelling are all very different. I will go ahead as originally planned Smile
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