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.