There&#x27;s a difference between fair use and taking unfair advantage of a brand owner&#x27;S trade mark. Your example would be likely to fall within the nominative use bracket as you&#x27;re using the term to describe an attribute of the product. On the other hand, using a third party&#x27;s trade mark with a clear intention of free-riding on their goodwill will be considered to take unfair advantage of that goodwill and be an infringement of trade mark law. Rolex Tractors would be an unlikely example.