Trademark infringement question.

14
Found 13th Apr
Hopefully someone can advise me I've had a Google but it is as clear as mud.

If I was to professionally produce a product say some warning signs and they read something like... "No Cadbury chocolate stored within premises". Would I be infringing any trademark? The writing would be in a standard font and the sign would simply be an informative sign with no logos etc.

The above is just an example, the sign could be anything but would potentially mention a product or brand by name i.e Xbox, McDonald's or BMW.

The message would not claim to be related or produced by the brand or product just an informative message about brand or product.

Hope I've explained this well enough, I'm just trying to establish an understanding of trademark infringement.

Thanks for your help
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14 Comments
Yes, the word Cadbury would be a registered trade mark. But the best thing would be to ask the companies.
Or just do it as no chocolate stored on these premises
Without the company names
Unfortunately to make the item more desirable for sale it would help to have the brand. Although in no way would it try to come off as their product
arronc37 m ago

Unfortunately to make the item more desirable for sale it would help to …Unfortunately to make the item more desirable for sale it would help to have the brand. Although in no way would it try to come off as their product



Answered your own question there! ... Using their name makes your product more valuable! ....
I suspect it would depend on what you're trying to achieve by using the marks. I've read your OP several times, and still have no idea what you're trying to achieve!
The Trade Marks Act 1994The Trade Marks Act specifies the following acts as infringements to a registered trademark:

  • Identical marks on identical goods and services
  • Identical or similar marks for identical or similar goods and services
  • Conflict with a mark of repute

I would guess if you don't use the brand logo within your warning signs you'll be fine.

It's not the brand name in itself that's a trademark but the brand logo or am I wrong?

I'm pretty sure I've seen corner shops that have signs outside saying they sell such and such brand in their shop... Simply using the brand name like that shouldn't be an infringement.
Edited by: "hearts22" 14th Apr
Cheap leads say compatible with iPhone for example, but then cheap building blocks don't say works with lego they say works with other brands.

I'd guess it depends on how protective the company you want to name drop is of their property I suppose.
arronc10 h, 53 m ago

Unfortunately to make the item more desirable for sale it would help to …Unfortunately to make the item more desirable for sale it would help to have the brand. Although in no way would it try to come off as their product


Yes but your using their name to gain from it. They are unlikely to give permission unless you pay them.
Richard_Richard41 m ago

Cheap leads say compatible with iPhone for example, but then cheap …Cheap leads say compatible with iPhone for example, but then cheap building blocks don't say works with lego they say works with other brands.I'd guess it depends on how protective the company you want to name drop is of their property I suppose.


Yes but compatible with an iPhone is stating it is suitable to work with their product, it’s not claiming to be a product that is made by Apple. The signs could be construed as a product made by cadbury because of the use of the name on the signs. These sorts of things normally can only be done under contract/licence from the company and you will end up turning over most of the profit if not all of it to the company, this would explain why no one is doing it. Hope you have deep pockets to get someone to review all the legal and contract agreements you will need to sign.
cmdr_elito43 m ago

Yes but compatible with an iPhone is stating it is suitable to work with …Yes but compatible with an iPhone is stating it is suitable to work with their product, it’s not claiming to be a product that is made by Apple. The signs could be construed as a product made by cadbury because of the use of the name on the signs. These sorts of things normally can only be done under contract/licence from the company and you will end up turning over most of the profit if not all of it to the company, this would explain why no one is doing it. Hope you have deep pockets to get someone to review all the legal and contract agreements you will need to sign.


The op isn't claiming affiliation by the looks of it, the example is odd and I can't really see why anyone would want it, although admittedly I don't really know what "it" is.

If the op is a seller of novelty items on a market then they'll be fine, if the market owners don't care about fake LV bags and MK watches they aren't going to ban a sign that says "I Sony PlayStation!" just because they use the name.

An example is something like this, it's obviously not licensed or endorsed.

m.ebay.co.uk/itm…r=1
Edited by: "Richard_Richard" 14th Apr
You could just email the company with the design and ask for their permission to use their name that way. If there is a valid reason and it does not detriment their products they will probably be ok.
Id be curious to how people can sell signs saying BMW parking only and other manufacturers names , how is that different
Bradleigh3 h, 28 m ago

Id be curious to how people can sell signs saying BMW parking only and …Id be curious to how people can sell signs saying BMW parking only and other manufacturers names , how is that different


They are either doing it without permission or with permission and paying to use it. I know a seller of cups and other items on amazon and they do it officially under agreement for bands and things.
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