More Legal Trademark Opinions

Business By KuyaRomeo Updated 29 Feb 2012 , 12:19pm by MimiFix

KuyaRomeo Cake Central Cake Decorator Profile
KuyaRomeo Posted 28 Feb 2012 , 9:06pm
post #1 of 3

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!

2 replies
scp1127 Cake Central Cake Decorator Profile
scp1127 Posted 29 Feb 2012 , 7:10am
post #2 of 3

I am guilty here, but on spirits, it's a little different.

Companies such as Hershey's don't want clients to think it is "their" endorsed cake.

But everyone knows there is no official Bailey's Cake, so on liqueurs and spirits, it is common knowledge that it is an ingredient. I list it as an ingredient in my descriptions. But I am not required to label. If I was, I would probably contact the company.

For alcoholic beveridges, you may want to list the name and maybe the main ingredients, such as corn or grain. Another thing you should do because of allergies, is to have a disclaimer. I had them printed on address labels by Vistaprint. The line is at the bottom so that I can handwrite the item name if I want. It reads:

Bakery uses nuts, dairy, soy, wheat, and eggs.

I don't know your HD laws, but this is what I was told I had to do. I also had to have my recipe on hand for any alcoholic beveridge that I use.

Another issue, aren't you sharing space? You are responsible for keeping the alcohol out of the reach of minors. I have it out now, but with employees unsupervised or in a shared space where you don't know who comes in, you are liable.

MimiFix Cake Central Cake Decorator Profile
MimiFix Posted 29 Feb 2012 , 12:19pm
post #3 of 3

For label issues, I suggest you start with your inspector. Ask them about the legal guidelines for a correct label. In the end, their opinion is what counts. If the inspector does not give an answer, ask which agency determines this. You have a right to know before problems develop.

Quote by @%username% on %date%