MAM
Brands using trademarks in defence of dishonest claims is an unfair practice: Asci and K&S Partners report
Mumbai: Asci and K&S Partners in a recently released whitepaper titled “Misleading Advertisements and Trademarks-A Registration Conundrum” identified the practise and instances of brands making misleading claims and representations through the use of trademarks.
It has often been noted that businesses register misleading or even deceptive descriptive or laudatory terms, slogans, etc. as trademarks. These words describe the product’s unsupported nature, quality, or quantity, which ends up misleading consumers. For instance, a sweater brand called “All Wool” implies that it is made of wool. However, if the actual products are not made entirely of wool, such a trademark can be misleading. Similarly, a product with the trademark “Wholewheat Marie,” which contains refined flour as the dominant ingredient, misleads consumers as to the health and nutritional values of such products. The use of such trademarks that falsely describe product attributes is a potential breach of both the Consumer Protection Act and the Asci code.
Brands and advertisers often cite trademark registrations as a defence. These words or phrases mislead consumers. However, this paper argues that such a defence is not valid as making misleading representations violates the Asci code, the Consumer Protection Act, and the Trade Marks Act itself. The paper calls for greater scrutiny and restraint in permitting descriptive trademarks for brands and to ensure that such trademarks are not a false representation of the product.
Asci CEO & secretary general Manisha Kapoor said, “At Asci we see cases where the advertiser uses a trademark registration to defend their direct or implied claims, asserting that a trademark registration means that the claim is good in law. This is not true, and we would ask brands to be cautious in using untrue, exaggerated or misleading phrases to describe their products, whether trademarks or not.”
K&S Partners’ Prashant Gupta said, “The issue concerning false, unsubstantiated, and dishonest advertisements, under the guise of descriptive or laudatory trademarks, is grave. Protecting consumers from deception is one of the principal tenets of the Asci code, the Trade Marks Act, and the Consumer Protection Act. The trademark office needs to raise the threshold for descriptive or laudatory trademarks, failing which, protecting consumers’ rights from fraudulent marks and making informed choices would be severely compromised.”
Check the full report here: https://ascionline.in/images/pdf/misleading-ads-and-trademarks.pdf
Brands
Abhinav Rastogi named global marketing director for YouTube Shopping
Google veteran to scale creator commerce and expand shopping across global markets
SINGAPORE: Abhinav Rastogi has stepped into a new role as global marketing director for YouTube Shopping, marking the latest chapter in a more than decade-long career at Google.
Rastogi, who took on the position in February and is based in Singapore, will lead global marketing for YouTube Shopping, a platform designed to connect creators, viewers and merchants in a single ecosystem. His remit includes expanding the service into new markets and strengthening its positioning as a growth channel for both creators and brands.
In a reflective note on the transition, Rastogi pointed to a simple but powerful idea driving the role. For years, creators have quietly built trust with audiences through consistent and authentic content, and that trust often shapes purchasing decisions. What is changing now, he said, is the infrastructure around that behaviour. YouTube Shopping aims to make it easier for viewers to discover and buy products recommended by creators they already follow.
The scale is already significant. More than half a million creators have joined the programme, with recent expansion into Japan through a partnership with Rakuten signalling further global ambitions.
Rastogi believes the future of shopping on YouTube will be driven by a blend of creators, content and communities. In his view, it is the human voice behind the screen, not just the product, that ultimately builds trust and drives discovery.
Prior to this role, he served as director of marketing, YouTube Asia Pacific, where he led regional marketing across creator engagement, brand building and reputation. During that time, he played a key role in launching and scaling YouTube Shopping across eight markets in the region.
Earlier stints at Google include group product marketing manager, consumer apps, overseeing growth for products such as Search, Maps and Assistant across India and Southeast Asia, and product marketing manager roles spanning consumer apps and YouTube, where he contributed to launches including YouTube Music, YouTube Originals and YouTube Shorts.
Rastogi began his career in consulting with Boston Consulting Group and A.T. Kearney, before moving into the technology sector. He is an alumnus of Indian Institute of Management Calcutta and Indian Institute of Technology Kanpur.
Alongside his corporate role, he is also an active angel investor, backing early-stage startups in consumer technology and electric mobility across India and Southeast Asia.
As he settles into the new role, Rastogi is betting on a future where every video can double up as a storefront, and where commerce feels less like a transaction and more like a recommendation from a trusted voice.
