New York, New York—April 6, 2023—The Board of Directors of the International Trademark Association (INTA) 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.
Read the Board Resolution here.
About the International Trademark Association
The International Trademark Association (INTA) is a global association of brand owners and professionals dedicated to supporting trademarks and complementary intellectual property (IP) to foster consumer trust, economic growth, and innovation, and committed to building a better society through brands. Members include nearly 6,000 organizations, representing more than 33,500 individuals (trademark owners, professionals, and academics) from 181 countries, who benefit from the Association’s global trademark resources, policy development, education and training, and international network. Founded in 1878, INTA is headquartered in New York City, with offices in Beijing, Brussels, Santiago, Singapore, and the Washington, D.C., Metro Area, and representatives in Amman and New Delhi. For more information, visit inta.org.
