Read a lot on this forum and all over the net (via google) trying to decide how and when it is appropriate to use a trademark name. Can't really find answers, so I want to gather some opinions or how do you currently deal with this?
Example: Let's say there is a very popular liquor called ChocoLiquor
1. I know it is not OK to call to name my cake the "ChocoLiquor Cake". But, can I name it the "Chocolate Dream Cake" and then state "Flavored with ChocoLiquor® " And then somewhere near the bottom make a disclaimer that "Chocoliquor® is a Registered Trademark of phony bologna, Ohio, USA"
Is that acceptable usage of a trademark? Certainly I feel the need to tell my buyers there is alcohol used to make this cake. And certainly I want them to know I am using this popular brand . . but is that legal, or do I have to say "Flavored with chocolate liquor"
Question number 2:
Ingredients. The FDA says we have to list ingredients according to their standards . . that includes listing sub ingredients . . So, how do you guys list your alcohol as an ingredient, when most alcohols do not list ingredients - because they are currently not required to do so.
Can I name the brand in my ingredients:
(Ingredients: flour, sugar, eggs, Chocoliquor® . . )
Or do I need to say: Ingredients: flour, sugar, eggs, Chocolate flavored liquor.. .
BTW, why is life so complicated when you simply try to do the right thing (I have called the FDA and have received 3 different answers from 3 different people.)
Sometimes . . actually MOST times, it seems easier to ask for forgiveness than to ask for permission.
BTW . . . we are now a FULL Cake Pop Only bakery!! yippee for them pops! And in two days, we start shipping. Yippeee for them pops!
Example: Let's say there is a very popular liquor called ChocoLiquor
1. I know it is not OK to call to name my cake the "ChocoLiquor Cake". But, can I name it the "Chocolate Dream Cake" and then state "Flavored with ChocoLiquor® " And then somewhere near the bottom make a disclaimer that "Chocoliquor® is a Registered Trademark of phony bologna, Ohio, USA"
Is that acceptable usage of a trademark? Certainly I feel the need to tell my buyers there is alcohol used to make this cake. And certainly I want them to know I am using this popular brand . . but is that legal, or do I have to say "Flavored with chocolate liquor"
Question number 2:
Ingredients. The FDA says we have to list ingredients according to their standards . . that includes listing sub ingredients . . So, how do you guys list your alcohol as an ingredient, when most alcohols do not list ingredients - because they are currently not required to do so.
Can I name the brand in my ingredients:
(Ingredients: flour, sugar, eggs, Chocoliquor® . . )
Or do I need to say: Ingredients: flour, sugar, eggs, Chocolate flavored liquor.. .
BTW, why is life so complicated when you simply try to do the right thing (I have called the FDA and have received 3 different answers from 3 different people.)
Sometimes . . actually MOST times, it seems easier to ask for forgiveness than to ask for permission.
BTW . . . we are now a FULL Cake Pop Only bakery!! yippee for them pops! And in two days, we start shipping. Yippeee for them pops!
