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[olly_springs]

I'm in the process of developing a new product, but when I come to sell it, I'd need to label it as compatible with products made by a particular company, as a different version of my product will be needed depending on which third party product you own.

What I need to know is if I'm allowed to do this, given that I'll be mentioning a trademarked term in order to sell my product. I won't be able to approach the company for permission as my product will be competing with the ones they make themselves.

Thanks for any advice.

[DogDayPM 9er9er9er]

I'm in the process of developing a new product, but when I come to sell it, I'd need to label it as compatible with products made by a particular company, as a different version of my product will be needed depending on which third party product you own.

What I need to know is if I'm allowed to do this, given that I'll be mentioning a trademarked term in order to sell my product. I won't be able to approach the company for permission as my product will be competing with the ones they make themselves.

Thanks for any advice.

I'm going to give you a "common sense" answer based on what I seen in the market rather than "legal answer", since I don't practice in this area.  Competitors of OEM products do this all the time and without apparent permission.  Seems like you have to be able to tell the consumer that your wiper blades (e.g.) fit a Ford Mustang but not Buick Skylark.  Same thing with generic or store-brand stuff, for example, "WalPhed, compare to Sudafed".  Simple provision of information shouldn't be seen as an infringement.

Of course, if right up at the top front of the package it reads "Ford Mustang replacement blades" and elsewhere says "Olly_Springs Corp", that should reasonably be seen as a misleading attempt to make it look like the product comes from the OEM.

Whether you'll be more in the clear by putting a disclaimer on the package is also food for thought.  It seems like a lot of replacement part manufacturers put a statement on the package that they are not affiliated with the OEM.

But if you search through this TM board you'll find other discussion relating to disclaimers.  I mentioned seeing manufacturers printing stuff like, "Ford is a registered trademark of Ford Global Technologies, Inc. Olly_Springs is not affiliated with Ford Global Technologies, Inc.", but at least a few others said such disclaimers were not legally necessary.  (Sorry I can't remember the subject matter of the thread in question.)

[Kaitlin]

DogDay's common sense analysis is a pretty good one. 

Remember, having a trademark doesn't give anyone a right in the name as a name. 
Rather it gives the right to USE that name in a way that distinguishes the owner's goods from similar goods in the marketplace.   Anyone is allowed to talk ABOUT trademarks of others.  They just aren't allowed to use other people's trademarks in a way that suggests affiliation with the owner (e.g. DogDay's FORD MUSTANG example) or unfairly damages the owner's mark by disparaging it or, in the case of famous marks, diluting them.