Trademark Policy

Trademark Policy

A neutral-form workplace trade mark policy issued by an employer to set out the procedures and expectations employees must follow when dealing with the company's (and others') trade marks. Drafted for use in England & Wales (with reference to the Trade Marks Act 1994).

How to use this template - Replace every [SQUARE-BRACKET] field before use, and tailor it to your business. - The aim is to protect the company's brand, ensure the marks are used consistently and correctly, and reduce the risk of infringing other people's marks. - This is an internal policy; pair it with brand guidelines and (where relevant) employment-contract IP clauses.

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[COMPANY NAME]: Trade Mark Policy

Effective date: [DATE] · Owner: [DEPARTMENT / ROLE]

1. Purpose and scope

This policy explains how employees must use and protect [COMPANY NAME]'s trade marks (the "Company Marks") and how to avoid infringing third-party marks. It applies to all [employees, contractors and agency staff].

2. Why trade marks matter

A trade mark identifies the origin of our goods/services and is a valuable asset. Misuse (by us or by others) can weaken the brand or expose the company to legal claims. Registered marks are protected under the Trade Marks Act 1994. Unregistered marks, names and branding may also be protected in England & Wales through the common-law action of passing off.

3. Using the Company Marks correctly

Employees must:

  • use the Company Marks only in the approved form, colours and proportions set out in the brand guidelines;
  • use the correct symbol: ® only for marks that are actually registered in the UK (or validly registered for the relevant territory) and only in relation to the goods/services covered by that registration (using ® for an unregistered mark, or for goods/services outside the registration, can itself be unlawful); use only where appropriate;
  • not alter, abbreviate or combine the Company Marks without approval;
  • not use the Company Marks on unapproved products, materials or domains, or register them (or similar marks/domains) personally.

4. Protecting the Company Marks

  • Report any suspected infringement, copycat or misuse by third parties to [LEGAL / IP CONTACT] promptly.
  • Do not threaten or contact suspected infringers directly, refer it internally (unjustified threats can have legal consequences).
  • Keep records that may help show our use of the marks.

5. Respecting third-party trade marks

  • Do not use another company's trade marks except as genuinely permitted (e.g. accurate, fair reference).
  • Before launching a new name, logo or brand, request clearance searches via [IP CONTACT] to avoid infringing existing marks.

6. New brands and registrations

Any proposal to create or register a new trade mark must go through [IP CONTACT], who will handle searches and any UKIPO application. Employees must not file applications on the company's behalf without authorisation.

7. Licensing and partners

Only authorised personnel may permit third parties (suppliers, partners, franchisees) to use the Company Marks, and only under a written licence with quality control.

8. Breach

Failure to follow this policy may result in [disciplinary action] and, where relevant, personal liability.

9. Questions

Contact [IP CONTACT / EMAIL].

--- This template is a starting point and not legal advice. Trade mark protection and clearance are specialist areas, have a qualified solicitor or trade mark attorney review and adapt this policy before use. Governing law: England & Wales.

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