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Planning for a proper certification and trademark program is essential to the success of some consortia (e.g., where consumer products are involved). On the other end of the spectrum, an organization that is nothing more than a joint marketing collaborative typically will not qualify as a trade association because its activities are focused on the improvement of business conditions for the individual members themselves and not for a broader industry group. With most trade associations, there is a fine line between activities that benefit the specific members and activities that benefit the entire industry in which those members generally operate. In each case, and as demonstrated in the first installment of this article, the most appropriate generic model must be adapted to the goals, target membership, required activities and other unique circumstances of the new initiative, with the legal language following rather than leading the planning process. Mutual Recognition Agreements (MRAs) promote trade in goods and facilitate market access. WTO-rules form the basis of the bilateral free trade agreements that countries sign with each other - and that now make up the main plank of international trade negotiations. By obtaining exempt status, financial planning for the organization is greatly simplified.

For example, a publication consisting of paid advertisements by the association’s members is a classic example of an activity that does not adequately promote an industry. Accordingly, both vendors and users place a high degree of reliance, and therefore value, on compliance with effective standards to ensure that products purchased will "plug and play." The way in which vendors capitalize on this value can be by forming a consortium to test and certify compliance with a standard, and to create good will and brand recognition in a distinctive trademark that indicates such compliance (the "WiFi" brand is a good example). His firm does business in Pennsylvania and New Jersey. As a result, creating an IPR policy has become a major hurdle to clear in forming a new consortium, and can seriously delay the launch of a new organization in consequence. Creating and sharing content on these platforms can be free, and the only time you need to pull out your wallet is for targeted ads. Where the organization represents members of multiple industries, a common business interest can still be found, provided that all of the consortium members have common issues of one type or another. The simplest example of "promotion" is industry marketing.