Advertising Standards Council of India (ASCI)

Advertising Standards Council of India (ASCI)

Subject: Economy

Context:

The Advertising Standards Council of India (ASCI) said that the Advertising  code applies to trademarks, too.

Details:

• It aims to protect consumers from misleading claims made by companies with descriptive trademarks which may be false and dishonest.
• For instance, a descriptive mark –‘All Wool” in clothing connotes that the product comprises only wool–may not be true
• However, Companies claim registration of the trade mark is prima facie evidence of its validity and that the ASCI Code cannot restrict the use of registered trademarks.
• The ASCI Code however prohibits the use of statements or visual presentations which directly or indirectly, make untrue or dishonest claims.

The Advertising Standards Council of India

• The Advertising Standards Council of India was established in the year 1985 under Section 25 of the Companies Act, 1956.
• It has been defined as a “voluntary, self-regulatory council” which has been registered as a non-profit company.
• The ASCI team consists of a Board of Governors, members of the Consumer Complaints Council and a Secretariat.
  • The Board of the ASCI consists of a governor and 16 members, which are members of reputable firms including media agencies, advertisers and other individuals involved with the advertising business.
  • The Consumer Complaints Council is the body responsible for examining and investigating complaints from consumers and the public at large in relation to any contravention of the Code of Conduct of the News Broadcasting Associations and advertisement ethics.
• It is important to note that the ASCI is not a government body and is not responsible for formulating rules for the general public.
• Functions
  • The ASCI has adopted a self-regulating code, in its commitment to further the interests of the consumers.
  • The ASCI also invites complaints from consumers against any such unfair, untruthful and false claims and advertisements; all of such complaints are examined independently by the Consumer Complaints Council.
  • ASCI picked up advertisements of several other categories such as paints, apparel, detergents, skin care, ACs, fans, water purifiers, plywood and laminates, supplements and food – all promising Covid-related benefits,
  • It deals with complaints related to online real money gaming ads in Jan-March 2021 and  released detailed guidelines for the sector
  • It examines whether the advertisements are in violation of The Drugs and Magic Remedies Act.

Trademark:

• Trademark refers to graphical representation of goods or services to make it distinguishable from others.Trademarks distinguish the goods or services of one undertaking from those of other undertakings.
  • A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements.
  • There is also a range of non-conventional trademarks comprising marks which do not fall into these standard categories, such as those based on color, smell, or sound (like jingles).
  • A trademark cannot be offensive
• It protects owners against unfair competition, prevents damage to the reputation of the owner and consumer welfare.
• In India, trademarks are governed under Trademarks Act, 1999 ( it deals with the precise nature of rights one can acquire in respect of trademarks), under the aegis of Department of Industrial Policy & Promotion (DIPP), Ministry of Commerce.
• The implementing body is Controller General of Patents, Designs and Trademarks
• The Madrid System for the International Registration of Marks offers trademark owners a cost effective, user friendly and streamlined means of protecting and managing their trademark portfolio internationally. India joined Madrid Protocol, 2013