Can I use chocolate names in a poem?

[wendywoo1390]

Hi all I'm new here so sorry if this has been covered.

I design digital items to sell. Alot are chocolate board templates but I want to start designing chocolate box poems. I haven't in the past because it means using a photo of say a cadbury 'time out' bar and I read you can't use their photos due to copyright.

I have drawn a blue sweet shape and written timeout on it. The poems would be something like....' I wanted to take some TIMEOUT to tell you'.... The timeout would be the drawing. Someone would buy the poem, stick it to a box and fill the box with the chocolate bars in the poem so the poems promote sales for the chocolate companies. They would use them for personal use or for a small business.

Does this infringe on any copyright laws do you know?

Many thanks for any help and hope the above makes sense.

[AndyJ]

There would be no infringement of copyright if you photographed or draw a picture of a chocolate bar and used it in conjunction with your poem. It is also most unlikely that there would be any infringement of trade marks unless you promoted or advertised your poems using the names or logos of a particular chocolate bar or manufacturer. That would amount to using the trade mark(s) in the course of trade which constitutes an infringement.
Just referencing the name of a chocolate bar would not amount to trade mark infringement.