Can enterprises advertise their products with the phrases “number one”? Is it legal to advertise products with the phrases as “the first rank”, “the unique” “the best” or phrases with the similar significance? Many enterprises wonder about these questions while carrying out the advertisement because of hearing that these phrases are banned but still watching advertisement with these phrases in social media. T2H Lawyers would like to explain about this matter through the following post.
Pursuant to Law on Advertisement 2012, advertising using the phrases “the best”, “the best”, “number one” or words with the similar significance is prohibited acts in advertising without lawful proving documents as stipulated by the Ministry of Culture, Sports and Tourism.
Hence, enterprises could still use these phrases while carrying out their advertisement but have to provide 2 documents and meet 2 legitimate listed below according to Clause 2 of Circular No 10/2013/TT-BVHTTDL:
Result of market survey of organizations which are established and operate legally with function of market research;
Certificates or equivalent papers at competitions, exhibits with regional or national scale in which such products, goods or services have been voted and recognized to be “the first rank”, “the unique” “the best”, “number one” or phrases with the similar significance.
Time for using legitimate documents to prove the phrases “the first rank”, “the unique”, “the best”, “number one” or phrases with similar significance on advertisement products will be 01 (one) year from the day organizations or individuals are granted certificate or receive result of market survey.
On advertisement, products must present fully, clearly, exactly name of legitimate documents specified at Document 1 and 2 above.
Contact T2H Lawyers for more information.
T2H Law Liability limited company
Head office: G4-4A, Dormitory 708, Lien Ninh, Thanh Tri, Hanoi
Branch office: 20N7A Nguyen Thi Thap, Nhan Chinh Ward, Thanh Xuan District, Hanoi.
Phone: 0242 242 9900 – 0989 656 682
Email: firstname.lastname@example.org – email@example.com