International Trademark Association

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The International Trademark Association (INTA), which is headquartered in New York, is a global association that promotes and protects the rights of trademark owners.1

As of 2026, its website stated that “it is committed to elevating the understanding of and respect for IP rights to foster consumer trust, economic growth, and societal transformation.”1

Relationship with the Tobacco Industry

Tobacco company members

INTA is funded through membership fees. Corporate members include British American Tobacco (BAT), Philip Morris International (PMI), Imperial Tobacco, Japan Tobacco International (JTI) and Altria.23

INTA holds an annual meeting. In 2026, BAT and JTI were listed as attendees.4

Tobacco company representatives have previously held various INTA leadership .5

  • BAT’s Toe Su Aung served as Vice President in 2011, and President in 2012-2013.678
  • JTI’s Ronald van Tuijl was as board member in 2013, 6 and was elected president in 2015, serving until 910
  • PMI’s legal representatives have also held positions on the board between 2017 and 2022.11121314

Activities

Criticising TAPS ban in Bangladesh

INTA submitted a letter to the Bangladesh government in January 2025, criticising amendments to tobacco control regulations which introduced a comprehensive ban on tobacco advertising, promotion and sponsorship (TAPS) and corporate social responsibility (CSR) activities.1516

Commenting on illicit trade

INTA’s Anti-Counterfeiting Committee (ACC) “evaluates treaties, laws, and regulations related to anticounterfeiting and enforcement”.17 Former ACC Chair Claudette Vernot authored a chapter in the book, Criminal Economies: Multidimensional Approaches, published in March 2024.18 The book was edited by PMI’s Senior Counsel of Illicit Trade Prevention.19

In September 2021, INTA co-hosted a webinar with the World Free Zone Organisation (WFZO) titled, “How to Combat Illicit Trade and Counterfeiting”.20 PMI’s Nicholas Otte was a panellist.212223

Countering plain packaging measures

INTA has a history of working against tobacco plain packaging, without always disclosing its tobacco industry membership.24 In 2020, INTA referred to plain packaging as the most “draconian form of restriction” on the tobacco industry.25

India

In 2018, INTA submitted a letter to the Supreme Court of India in support of the Health for Millions Trust v. Union of India Case.26 The case challenged India’s 2014 Amendment Rules that mandates health warnings to cover at least 85% of tobacco product packaging.27 The court ruled against withdrawing the 2014 mandate.28

Singapore

On 31 October 2018, Singapore’s Ministry of Health announced that Singapore would introduce plain packaging with enlarged health warnings on all tobacco products.29 Weeks later, INTA issued a media statement that tried to shift the policy debate away from health to economics, urging the Singapore government to take a “well-informed and balanced approach to this issue” by considering “the contribution of intellectual property (IP) to economic growth”.30

INTA stated that “research published by INTA” (no details provided) showed that “trademark intensive industries” contribute to 50% of Singapore’s GDP, 60% of its exports, and 29% of overall employment. INTA further claimed that plain packaging would lead to the Singapore market being flooded with illicit tobacco, and urged the Singapore government to modify the proposal to focus on preventative health education instead.30

The statement ended with a short biography of INTA, stating that the association’s members included “more than 7,200 trademark owners”.30 It failed to mention that its membership included the major tobacco companies, whose representatives have served key roles on INTA’s Board.

Europe

INTA also opposed initial proposals by the European Commission to include plain packaging in the EU Tobacco Products Directive Revision (TPD) (2009-2014).

In December 2010 INTA told European media that “We believe that plain packaging will encroach on the rights of trademark owners and their ability to properly and lawfully use their trademarks. In addition, in our view, plain packaging would make it easier for counterfeit products to enter the market and make it more difficult for consumers to distinguish genuine from counterfeit products.”31

Others have argued that plain packaging does not violate tobacco companies’ intellectual property rights.32

Plain packaging was ultimately removed from the TPD proposal, which has been labelled “the most lobbied dossier in the history of EU institutions”.33Australia

In January 2019, INTA submitted an official briefing to the Secretariat of the World Trade Organization (WTO) Appellate Body to support the Governments of Honduras and the Dominican Republic in their appeal against the WTO ruling that upheld Australia’s plain packaging law.34 In its briefing, INTA urged the Appellate Body to consider “the highly negative effects that the TPPA Plain Packaging law could have not just within the tobacco industry, but potentially across all sectors of consumer goods”, and claimed that plain packaging erodes Intellectual Property Rights under the Paris Convention and TRIPS.34 INTA also accused the WTO Panel ruling for failing to consider the impact of plain packaging on illicit tobacco trade and further claimed that the WTO Panel incorrectly had interpreted Article 20 of TRIPS in coming to its conclusion.34

INTA has also opposed Australia’s plain packaging laws.

In 2009 Australia’s National Preventative Health Taskforce examined the evidence to support the introduction of plain packaging.35 INTA submitted a letter to the Taskforce opposing the policy and arguing that it would deprive a trademark owner of the use of its personal property, who should therefore be compensated, and that the policy could give rise to an increase in illicit tobacco trade.36 No supporting evidence was given to support these claims.

INTA also provided comments to the 2010 Australian Senate Standing Committee on the draft Tobacco Plain Packaging Bill and wrote to Australia’s Assistant Secretary of Health in June 2011.3738 On both occasions INTA argued that the plans to introduce plain packaging “represent an encroachment on the rights of trademark owners and their ability to properly and lawfully use their trademarks”. In July 2011, INTA wrote to the Australian Standing Committee on Health and Ageing:

“Although we take no position on the particular health issues that are the focus of this legislation, we strongly believe that the Tobacco Plain Packaging Bill 2011 is a serious encroachment on the rights of trademark owners and frustrates the ability of trademarks to function properly as a part of free and effective commerce.”

INTA also raised issues with respect to:

  • certain provisions of the Constitution of Australia;
  • an increased risk of counterfeiting;
  • use requirements under Australia’s Trade Marks Act;
  • the effect of the Bill on distinctiveness and registration of a trademark;
  • potential treaty violations of the TRIPS Agreement and Paris Convention, which will place Australia outside the international trademark harmonization process.39

In none of its correspondence with the Australian Government did INTA declare its relationship with the tobacco industry.

In 2021, INTA referred to plain packaging as a “failed policy for tobacco control”.40

Canada

In the 1990s the tobacco industry was concerned that Canada would be one of the first countries to introduce plain packaging and set a world precedent.41

On 6 April 1994, tobacco company Rothmans (later acquired by BAT) wrote to INTA on behalf of the Canadian Tobacco Manufacturers Committee (CTMC) to brief it on plain packaging developments in the Canadian House of Commons Standing Committee on Health and proposed the “possibility of the International Trade-Mark Association making a presentation or sending a brief to the Committee”.41

Three weeks later, the Chairman of the Standing Committee received a letter from INTA that opposed the proposed plain packaging measure.42 Whilst stating that the association took “no position on the public policy and health issues as they relate to the plain packaging of tobacco produce”, INTA expressed its “concerns regarding the potential impact that the plain packaging proposal for tobacco products being studied by your Committee may have on trademark owners, generally and the public at large”, and urged the Committee to reject the plain packaging proposal.42

USA

In 1990 INTA also opposed ‘The Tobacco Control and Health Protection Act’, which was pending before the American Congress.43

The legislation would have, among other things, imposed limits on the use and display of trademarks in cigarette packaging and advertising.

Countering Health Warnings in New Zealand

In 1995 an article in the New Zealand media reported that INTA had “come out in support of our tobacco industry” and opposed the proposals in New Zealand to increase health warnings on cigarette packets.44 INTA was quoted as stating that the health measure would “unreasonably and unnecessarily curtail trademark owners’ legitimate rights”.44

That same year INTA also wrote to the New Zealand Minister of Health to “express the Association’s concern regarding the proposed amendments to the New Zealand Smoke-free Environments Act of 1990”.45 INTA, which identified itself as a “worldwide membership organization representing 2800 corporations’ without specifying that these included tobacco companies, argued that the proposed size of the warnings would restrict trademark owners in exercising their right to identify their goods in such a manner so as to distinguish those goods from others in the marketplace.45

Relevant Link

International Trademark Association website

Tobacco Tactics Resources

References

  1. abInternational Trademark Association, About, undated, accessed March 2026
  2. INTA, Corporate Member List, accessed November 2018
  3. S. Bialous, Corporate Accountability International, Article 5.3 and international tobacco industry interference, Convention Secretariat WHO FCTC, November 2015, accessed November 2018
  4. International Trademark Association, Annual Meeting, website, accessed March 2026
  5. International Trademark Association, Board Leadership, website, accessed March 2026
  6. abINTA, 2013 Board of Directors, archived 13 November 2013, accessed November 2018
  7. INTA, 2012 Board of Directors, archived 14 July 2012, accessed November 2018
  8. INTA, 2011 Board of Directors, archived 13 July 2011, accessed November 2018
  9. INTA, 2016 Board of Directors, archived 1 August 2016, accessed November 2018
  10. INTA, 2015 Board of Directors, archived 11 September 2015, accessed March 2026
  11. INTA, 2021 Board of Directors, archived 23 January 2021, accessed March 2026
  12. INTA, 2019 Board of Directors, 2019, accessed March 2026
  13. INTA, 2018 Board of Directors, archived 21 November 2018, accessed April 2026
  14. INTA, 2017 Board of Directors, archived 28 June 2017, accessed November 2018
  15. International Trademark Association, Proposed Amendments to the Bangladesh Smoking and Tobacco Use, archived 5 July 2025, accessed March 2025
  16. R.Canty, Bangladesh’s Tobacco Control Law Amendment 2025, blog post, 13 February 2026, accessed March 2026
  17. C.Vernot, T. Steketee Anticounterfeiting Committee Advocates for Enforcement Worldwide, 28 June 2023, accessed March 2026
  18. C.Vernot, Vision and contributions of international private associations and organizations for a public-private approach to preventing illicit trade, in Criminal Economies: Multidimensional Approaches, Ed. V.H.Guerra, University for Peace, 2024
  19. Victor Hugo Guerra Hernandez, LinkedIn profile, accessed March 2026
  20. D.M.Luna, Countering Risky & Unruly Illicit Spaces, LinkedIn post, 8 September 2021, accessed March 2026
  21. Nicholas Otte, Honored to have been a part of this insightful dialogue, LinkedIn post, 2022, accessed March 2026
  22. Phillip Morris International, Free Trade Zones: How to combat illicit trade and counterfeiting, blog post, 5 October 2021, accessed March 2026
  23. Phillip Morris International, Everybody has a role to play in the fight against illicit trade, LinkedIn post, 2022, accessed March 2026
  24. INTA, 2017 Annual Report, accessed November 2018
  25. M.Villanea, M.de la Guardia, E.Tricerri, J. Rudolph, In Hot Water – The Global Spread of Brand Restrictions, INTA, September 2022, accessed March 2026
  26. International Trademark Association, Special Leave to Appeal (Civil) NO SLP(c) 37348/2017, 2018, accessed March 2026
  27. Ministry of Health and Family Welfare, Cigarettes and Other Tobacco Products (Packaging and Labelling) Amendment Rules, October 2014, accessed March 2026
  28. Tobacco Control Laws, Health for Millions Trust vs Union of India & ORS, Supreme Court of India, 8 January 2018, accessed March 2026
  29. SEATCA, Singapore to introduce plain packaging, larger graphic warnings for all tobacco products, 31 October 2018, November 2018
  30. abcINTA Statement on Singapore Government’s Decision to Introduce Standardized Packaging on Tobacco Products, AG-IP News, 18 November 2018, accessed November 2018
  31. P. Lemoine, “Trade Mark Law: Cigarettes: Plain Packaging’ Conundrum”, Europolitics, 10 December 2010
  32. E.Bonadio, Plain packaging does not violate Big Tobacco’s intellectual property rights, The Conversation, 16 March 2015, accessed April 2026
  33. S. Peeters, H. Costa, D. Stuckler, et al, The revision of the 2014 European tobacco products directive: an analysis of the tobacco industry’s attempts to ‘break the health silo’, Tobacco Control, 2016; 25:108-117, doi:10.1136/tobaccocontrol-2014-051919
  34. abcAG-IP News, INTA Files Amicus Curiae Brief Citing Continuing Concerns with Australia’s Plain Packaging Tobacco Law, 16 January 2019, accessed January 2019
  35. The Department of Health, Introduction of tobacco plain packaging in Australia, last updated 17 April 2018, accessed November 2018
  36. R. Steele, Submission to the Preventative Health Taskforce Secretariat, 2009
  37. H. Steinmeyer, Letter to Athe Committee Secretary Senate Standing Committee on Community Affairs, Canberra, International Trademark Association, 24 February 2010, accessed November 2018
  38. H. Steinmeyer, Letter to Assistant Secretary, Department of Health and Ageing, Canberra, International Trademark Association, 3 June 2011, accessed November 2018
  39. A.C. Drewsen, Submission to Chairman Steve Georganas MP, Standing Committee on Health and Ageing, House of Representatives, Canberra, 22 July 2011, accessed December 2018
  40. S.Hays, What Plain Packaging Tells Us About Trademarks, INTA, 10 February 2021, accessed March 2026
  41. abJ. McDonald, Letter to Bruce McPherson regarding plain packaging initiatives, 6 April 1994, Truth Tobacco Industry Documents, Bates no: 502592838-502592841, accessed December 2018
  42. abR. Berman, Letter to the Standing Committee on Health, 27 April 1994, Truth Tobacco Industry Documents, Bates no: 502592609-502592615, accessed December 2018
  43. R. J. Reynolds, RE: Plain Packaging Of Tobacco Products, Submission to the Standing Committee on Health, House of Commons, Ottawa, 30 July 1993, Truth Tobacco Industry Documents, Bates no: 520777925-520777985, accessed December 2018
  44. abN. Mandow, Trademark guardians slam Shipley’s ciggie health warnings, The Independent, 5 June 1995, Truth Tobacco Industry Documents, Bates no: 600525433, accessed November 2018
  45. abC. Simmons-Gill, Letter to Honorable Jenny Shipley, 24 May 1995, Truth Tobacco Industry Documents, Bates no: 520809787-520809788, accessed December 2018
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