ASA rules fake invoice ad was misleading…

The Advertising Standards Authority – the advertising watchdog – has ruled that a leaflet presented as a fake invoice for trade mark registrations was misleading. The leaflet, sent to businesses by Community Trade Marks & Designs, appeared to be an invoice for trade mark services. In fact it was simply an advertisement for CTMD’s services, but this was only made clear in the small print which stated: ‘This is not a bill. This is a solicitation…You are under no obligation to pay the amount stated underneath unless you accept the offer…’ The ASA found that the admission in the small print did not do enough to counter the overall impression that the advertisement was an official request for payment. The ASA ruled that the advert breached the CAP Code as it was misleading. The ASA ordered CTMD not to repeat the advert.
The CAP Code is a code of practice governing the content of adverts and marketing communications, and it is administered by the ASA. Although the Code does not have legal force, it is best practice to comply with it, as failure to do so can result in bad publicity and ultimately an inability to obtain advertising space.