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
Origen Realty names Preeti Rai as president- sales & strategy
Veteran hire signals push into Gurugram market with growth ambitions
GURUGRAM: Origen Realty has appointed Preeti Rai as president for sales and strategy, as the company gears up to enter the competitive Gurugram property market.
The move brings in a seasoned industry hand with over two decades of experience across residential and commercial real estate. In her new role, she will lead the company’s sales operations and go-to-market strategy, with a focus on building a strong foothold in Gurugram and driving early momentum.
Origen Realty management said the appointment marks a key milestone in its expansion plans. Origen Realty management said the hire will help sharpen execution and strengthen the company’s sales-led growth strategy as it steps into a new market.
Preeti Rai said, “I look forward to being part of Origen Realty at a pivotal stage in its journey and contributing to building a strong presence in the Gurugram market.”
Before joining Origen Realty, she served as senior vice president for sales and marketing at Elan Group. Her career also includes stints at major developers such as DLF Universal Ltd, Today Homes and Infrastructure, Paras Buildtech Pvt Ltd and Ambience Infrastructure Ltd, where she built expertise across channel sales, leasing, and end-to-end deal execution.
Known for her focus on strategy and team leadership, Rai is expected to play a central role in shaping Origen Realty’s market positioning and sales ecosystem in the region.
As Gurugram’s real estate market continues to attract fresh investments and new entrants, Origen Realty’s latest leadership hire signals its intent to compete with a clear, sales-driven playbook.
