Discussion:
What is the name of your state?Ma. I am an artist working in metal, I designed and produced a pendant by adding a little twist to an already trademarked object (a piece of candy actually) It has proven very popular but I can't advertise untill I know if I can use this mark. There is no inherent conflict I can see...i.e. I make wearable art, they make candy...but I am directly using their trademarked design...can I do this without their blessing? THANKS
Answer:
You really need to take your art down to a local attorney experienced in trademarks to get a concrete opinion -- what you are asking here is wayu to depended on the exact facts to give you a credible answer.
For example, you write:
There is no inherent conflict I can see...i.e. I make wearable art, they make candy... If they have a registered trademark for the candy, you may very well be correct that your "usage" is far enough away from theirs so as not to be a conflict -- however, if their mark is a "famous" mark, then they may be able to enforce their mark even in unrelated areas.
Take your art and information down to a local attorney who can review ALL of the facts -- that's the only way you are going to get a worthwhile answer to your question.