Naming it, and the words the standard owns
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The words that are owned
Several ordinary words have a federal definition behind them, which means using one is a claim rather than a description. The list is short and worth knowing by heart, because the cost of getting it wrong falls on a printed label.
- Jelly, jam, preserve and fruit butter all have standards of identity.
- Reduced sugar is a permitted qualifier in front of jam or jelly.
- Fruit spread is the published example of an informative name for a product that misses the standard.
What this means for a brand
You can call a product almost anything as a brand name. What you cannot do is use an owned word as the statement of identity for something that does not meet its standard, and the two sit in different places on the same label.
Put the brand on the jar and the standard name beside it. "Someone's Orchard Strawberry Jam" is fine if it is a jam. If the product is outside the standard, the second half of that has to change and the first half does not.
The practical risk
The realistic consequence is not prosecution, it is a buyer or an inspector asking a question you cannot answer, usually at the point you least want the delay. A print run is usually already paid for by the time anybody asks.
Printing a thousand labels that say jam before confirming the ratio. The label is the most expensive place to discover a ratio problem, which is why the order is weigh, then test, then print: jam, jelly or preserve.
Trademark is a separate question
Whether you may use a brand name is trademark law and has nothing to do with the food standard. Clearing one does not clear the other, and the food standard is the one that will be checked by somebody who turns up.