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Trademark Law and Dietary Supplements Dickerson Downing Crowell & Moring American Conference Institute Second Annual Legal, Regulatory and Compliance Forum on Dietary Supplements Thursday June, 19, 2014 Tale of Three Masters A Tale of Three Masters • FDA regulates dietary supplement labels, package inserts and accompanying literature. FDA responsible for taking action against any misbranded dietary supplement product after it reaches the market. • FTC has primary jurisdiction over the advertising of dietary supplements. • USPTO responsible for registration of dietary supplement trademarks. A Tale of Three Masters • The FDA does not review dietary supplement labels or trademarks prior to market as it does for many pharmaceutical products. • The FDA often rejects pharmaceutical trademarks, prior to market, for a variety of reasons including likelihood of confusion with other marks or names and deceptiveness.
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