Details
This is a trademark policy issued by an employer to apply at the workplace. It sets the procedures and expectations to be followed by employees whenever dealing with trademarks in the course of their employment.
Trademark Policy
Statement:
acknowledges that trademarks are a valuable part of 's intellectual property portfolio. They serve to signify that particular products and services originate from . Trademarks also help distinguish 's products and services from competitors.
Any improper use of our trademarks, whether by any member of staff or other third parties, could significantly diminish the value of such trademarks.
As such, to ensure that the company can maintain, and continue to exploit its trademarks, the company expects all members of staff to act in compliance with this trademark policy.
Thereby, it is important that all staff do the following:
(a) Closely surveil the marketplace to identify any improper usage of our trademarks or infringement of our trademarks
(b) Take swift action to enforce our intellectual property rights associated with any trademark where necessitated
(ᴄ) Establish strict restrictions on the usage of trademarks by members of staff of and other third parties
(d) Maintain accurate records of our usage of, investment in, and protection of any and all of our trademarks.
This trademark policy is not part of the contract of employment of any member of staff and can be amended at any time.
Any breach of this trademark policy is a serious indiscretion and may result in disciplinary action.
People covered by this policy:
This policy is applicable to all persons working for at all levels, including directors, senior managers, employees, consultants, part-time, and casual staff (collectively, hereinafter referred to as staff throughout the rest of this policy)
What is covered by this policy?
A trademark includes any name, phrase, symbol, logo or design that is used to identify the goods and services of a business and to distinguish such goods and services from those of competitors.
This policy applies to all trademarks owned and used by the company, including but not limited to those listed in the First Schedule attached hereto, and any trademarks you may use, in the course of your employment, which belong to other third-parties.
Designated Trademark Officer:
has been designated by us as ]'s Trademark Officer. will act as the point of contact for any and all matters concerning trademarks, including queries from members of staff or other third-parties about trademarks.
Establishing and Maintaining Trademark Protection:
In order to maintain the value of our trademarks, all members of staff should adhere to the following guidelines on trademark usage. These guidelines apply whenever a company trademark is being used on any medium, whether physical, online or in speech.
Company trademarks should be shown in the exact form as shown in the First Schedule and only for the products and services listed for that trademark.
Where a trademark consists of a word, it must always be used as an adjective. It should never be used as a noun (singular or plural) or verb.
A trademark should not be used in the possessive form. This is unless the trademark is already in possessive form.
When including a word trademark within a block of written text, you should bold the word trademark to set it apart.
If any member of staff reasonably believes there has been any improper use of a trademark under this section, that member of staff should promptly inform the Trademark Officer of such misuse.
Record Keeping:
In order to be able to enforce and maintain our trademarks, it is important that we maintain accurate records of any documentation which demonstrate how we have utilised and promoted any of our trademarks. All members of staff should keep the following dated items for each trademark used:
(a) Sample product packaging bearing the trademark
(b) Samples of all advertising and promotional materials showing the trademark
(ᴄ) When dealing with new trademarks, sales records to show when the trademark was initially used
(d) Sales records showing the number of goods and services sold bearing or marketed under a trademark
(e) Any market research which documents consumer recognition of ’s products marketed under a trademark.
Trademark notices:
If a registered trademark is being used, in any promotional materials, regardless of whether the materials are online or in print, the following notice must be included alongside the trademark: “[®] ”
If an unregistered trademark is being used, in any promotional materials, regardless of whether the materials are online or in print, the following notice must be included alongside the trademark:
“[TM] ”
To determine whether a trademark is registered or unregistered, please check the First Schedule. If you are nonetheless unsure whether a particular trademark is registered or unregistered, please contact the trademark officer for clarification and before using the trademarks in any materials.
Dealing with requests to use or reproduce [INSERT COMPANY NAME]’s trademarks:
Any requests, whether internal or external, to use or replicate any of the company’s trademarks should be referred to the Trademark Officer for deliberation.
The Trademark Officer shall keep records of any licenses or other forms of consent given in response to any requests made by any persons.
Alerting company to suspected infringement or improper use of any of its trademarks:
Only and other persons with duly authorised consent may use our trademarks in any sales, promotional or packaging materials.
If a member of staff becomes aware of or reasonably suspects that there has been an infringement, by a third party, of ’s trademarks, that member of staff should promptly inform the Trademark Officer with details of the infringement.
If a member of staff reasonably believes that there has been trademark infringement of a third-party’s trademark rights by a member of staff, they should promptly notify the Trademark Officer.
A trademark of may be infringed in any of the following situations:
(a) A third party uses the same, or similar trademark, to market the same or similar products; or
(b) A third party uses their brand in a way likely to invoke our products or services in the minds of potential consumers; or
(ᴄ) A third party uses their brand in a way that may damage 's brand reputation.
Avoiding Trademark Infringement
Before publicly using a new element of any brand, you should obtain clearance from the Trademark Officer to do so.
Members of staff should not use any third-party trademarks when performing their duties in the course of employment, unless they have verified with the Trademark Officer that has a license or other duly authorised consent to use the trademark in the intended manner.
Any proposals for new brands, or changes to existing brands, must be brought to the attention of the Trademark Officer for clearance before any usage or publication for the public.
If any promotional or sales material includes any reference to a competitor or a competitor’s products, regardless of whether the competitor or the competitor’s products are named (either expressly or impliedly), such materials must be brought to the attention of the trademark officer for clearance.
Using others’ trademarks under license:
The company may, from time to time, obtain licenses to use trademarks owned by other persons.
Members of staff must check with the Trademark Officer as to how they are allowed to use any such trademark. If the trademark is unregistered, the notice ‘TM’ should be included alongside any use of the trademark or ‘®’ if the trademark is registered. The following notice should also be included, if the trademark is registered:
“[NAME OF MARK] is a registered trademark owned by, and used by under license from [NAME OF LICENSOR]”
Monitoring and reviewing this policy:
This policy shall be reviewed every quarter by the Trademark Officer to ensure compliance with all legal requirements, and to ensure this policy continues to incorporate best practices.
THE FIRST SCHEDULE
Trademark Registration Status Goods and Services Applicable to:
