QUESTION
Using a trademark name as part of an item sold in a bakery
Asked on Sep 11th, 2015 on Intellectual Property - California
More details to this question:
One of my clients is naming her cupcakes Our question is can she use words such as Milky Way Cupcake, M&M cupcake, Snickers cake. They would not just be an ingredient but used in the actual advertising of the product.
2 ANSWERS
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It is almost certainly a bad idea to name a food product with the trademark of another food product. The person may "fly under the radar" for a while, but any litigatin by these multinational corporations, e.g Mars, would be the end of the business.
Answered on Sep 30th, 2015 at 8:34 AM
Your client is looking for trouble if she uses another company's trademark in other than a descriptive sense, e.g., cupcake with M&M pieces.
Answered on Sep 11th, 2015 at 12:07 PM