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INTA Announces Board Resolution on Trademark Use and Advertising

09-Apr-2023 | Source : The International Trademark Association (INTA) | Visits : 1580
NEW YORK - The Board of Directors of the International Trademark Association (INTA) announced in a press release that it has adopted a resolution that the use of trademarks on goods and/or services by or in itself is not advertising, and therefore advertising restrictions targeted at particular products or services should not affect the right to affix trademarks to such goods or services.

The INTA Board seeks to differentiate between advertising and the functional role packaging plays in announcing the brand identity and/or trademark association with a good or service. The resolution is in response to governmental attempts around the world to regulate advertising by targeting certain goods and services and putting limits on or removing altogether the trademark from the product packaging.

Brand names and trademarks are how consumers identify and distinguish between competitors, which allows for informed purchasing choices. In addition, brand names and trademarks function to protect consumers against confusion, fraud, and counterfeits, which can impact health and safety, including by way of adulterated, defective, or unreliable goods.

Ultimately, while trademarks appear in advertising, this use should be distinguished from and not confused with the use of trademarks on the goods and/or services themselves. And, further, restrictions on targeted products or services should not affect the use of trademarks that are affixed on goods or associated with services.

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