Intellectual Property Issues in Labeling and Marketing
Apart from whether a mark can be protected under the trademark law, there may be government regulations that can restrict or prohibit use of the mark in advertising or labeling any product(s) with the mark. Anyone using or selecting a trademark in the food industry should be aware of the nature and kind of regulations that may be applicable.
Governmental Controls Over Advertisements and Labeling
The production, marketing, distribution, and sale of food and beverage products in the United States are subject to a wide array government regulations on the federal and state levels.
The Federal Trade Commission (“FTC”), Food and Drug Administration (“FDA”), United States Department of Agriculture (“USDA”), and Alcohol and Tobacco Tax and Trade Bureau (TTB) share jurisdiction over claims made by manufacturers of food products. Since 1954, the FTC and the FDA have operated under a Memorandum of Understanding, under which the FTC has assumed primary responsibility for regulating food...