Trade Marks, whether registered or unregistered, are valuable business assets. It is important that they are protected from infringement but also from improper use by their owners since improper and/or inconsistent use of a trade mark can result in dilution and a loss of distinctiveness which, ultimately, can lead to a loss of registration and the protection that comes along with it.
This Trade Mark Policy is designed for use within a business and applies to the use of trade marks by the business’s employees, contractors and others working on its behalf.
This policy raises awareness of trade marks and sets out guidance on how to ensure that trade marks are protected, enforced, and respected.
Key provisions in this policy template set out key background information on trade marks. Particular emphasis is placed on the correct usage of trade marks so as to preserve their distinctiveness and protected status. Further guidance sets out notices to be used alongside trade marks, explaining the difference between the ® and TM symbols and when to use which one.
The use of third party trade marks is covered in detail and optional provisions allow you to set out details of any licences that your business has enabling you to use third-party trade marks.
Trade Mark infringement and the handling of requests from third parties to use trade marks owned by the business are also covered.
Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.
This Trade Mark Policy contains the following clauses:
2. Scope of Policy
3. About Trade Marks
4. Establishing and Maintaining Trade Marks
5. Using Trade Marks
7. Third-Party Trade Marks
8. Notifying Trade Mark Infringement
9. Requests to Use Company Trade Marks
10. Implementation of Policy
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