Trademark Policy

  1. Policy Statement

    1. The board of Bodyfanatix Ltd recognises that trade marks are a valuable part of the company’s intellectual property portfolio. They distinguish our products and services from those of our competitors and serve as a badge of their origin. If we use our marks improperly or inconsistently, or allow others to do so, they could be weakened and ultimately lost.
      It is therefore important that we:

      1. Monitor the marketplace for infringement and misuse of our marks.
      2. Take prompt action to enforce our marks when necessary.
      3. Impose strict limitations on the use of our marks by our own staff and by others.
      4. Keep records that demonstrate how we have used, invested in and protected our marks.
    2. To ensure that the company is able to maintain the value and distinctiveness of its trade marks, the company expects all staff to comply with this policy.

    3. This policy does not form part of any company employee's contract of employment and it may be amended at any time.

    4. Any breach of this policy will be taken seriously and may result in disciplinary action.

  2. Who is covered by the policy?

    1. This policy covers all individuals working for the company at all levels and grades, including senior managers, officers, directors, employees, trainees, and casual and agency staff (collectively referred to as staff in this policy).

  3. What is covered by the policy?

    1. A trade mark includes any word, name, symbol, logo or device, or any combination of these, that are or will be used to distinguish the goods or services of one provider from those provided by others, and to indicate the source of those goods and services.

    2. This policy covers all trade marks owned or used by the company, including but not limited to those shown in the Schedule 1, as well as staff's use of trade marks belonging to others.

  4. Trade mark officer

    1. The company has appointed [] as its Trade Mark Officer to act as the first point of contact for all matters relating to branding and trade marks, including queries from staff as well as correspondence from [] and other parties about the company's trade marks.

  5. Establishing and maintaining trade mark protection

    1. Proper use of the company's marks helps to protect them and increase their value. To ensure they are protected, the following guidelines should be followed. These apply whenever a company trade mark is being used, whether it is on physical materials, online, or in spoken references.

    2. Staff must only show any company trade mark in the exact form in which it is shown in the Schedule, and only for the products and services listed for that trade mark.

    3. When referring to a trade mark that consists of a word, staff must always use it as an adjective, and never as a verb or noun (especially a plural noun). For example:

      1. Incorrect: Our customers enjoy [TRADE MARK]s.

      2. Correct: Our customers enjoy [TRADE MARK] [RELEVANT TYPE OF PRODUCT OR SERVICE].

    4. Do not use the company's trade marks in the possessive form, unless the trade mark itself is in possessive form. For example:

      1. Incorrect: We are increasing [TRADE MARK]'s advertising budget.

      2. Correct: We are increasing the advertising budget for [TRADE MARK] [RELEVANT TYPE OF PRODUCT OR SERVICE].

    5. When referring to a word trade mark within a body of text, staff should capitalise it, or present it in its registered logo form, to set it apart.

  6. Keeping records

    1. Documents that show how we have used and promoted the company's trade marks can play an important role in enforcing and maintaining them. Staff should keep the following dated items for each trade mark that they use:

      1. Samples of product packaging showing the trade mark.

      2. Samples of advertising and promotional materials bearing the trade mark.

      3. For new trade marks, invoices, purchase orders and other sales records to show when the mark was first used.

      4. Sales records showing revenue and units sold in relation to goods and services provided under the trade mark.

      5. Any market research that records consumer recognition of the company's goods and services marketed under the trade mark.

  7. Use of trade mark notices

    1. When using a registered trade mark as listed in the Schedule in any promotional materials (whether online or printed) staff must include the following notice alongside it:

      "Bodyfanatix®"

    2. When using an unregistered trade mark as listed in the Schedule in any promotional materials (whether online or printed) staff must include the following notice alongside it:

      "Bodyfanatix™"

    3. The words "registered trade mark" or the ® symbol must only be used alongside a mark that is registered, as it is a criminal offence to represent that an unregistered trade mark is registered. If staff are unsure whether or not a trade mark is registered, they must always check with the Trade Mark Officer before including it in any materials.

  8. Handling requests to use or reproduce company trade marks

    1. Any internal or external requests for permission to use or reproduce any of the company's trade marks should be referred to the Trade Mark Officer for consideration.

    2. The Trade Mark Officer shall keep full records of the requests and any consequent assignments, licences or other forms of consent.

  9. Alerting company to suspected infringement or misuse of its trade marks

    1. Only the company and its subsidiaries and authorised licensees may use the company's trade marks in advertising, promotional, packaging and sales materials.

    2. A company mark could be infringed if someone uses it, or a similar trade mark, for the same, or similar goods or services, or if the use is likely to bring the company's products or services to the minds of potential customers, or if the use may damage the brand's reputation. If a staff member suspects or becomes aware of infringement of any company trade marks (or any other intellectual property right) by any third party, he should immediately notify the Trade Mark Officer, giving full details of the nature of the infringement.

    3. Staff should keep full records of suspected or known instances of infringement.

    4. Staff should also let the Trade Marks Officer know if they come across any misuse of a company trade mark as outlined above under "Establishing and maintaining trade mark protection".

  10. Avoiding infringement of others' trade marks

    1. Before the company invests in or publicly uses or promotes any new element of any brand, staff must ask the Trade Mark Officer will to commission full clearance searches from [NAME OF NOMINATED FIRM OF TRADE MARK ATTORNEYS OR LAW FIRM].

    2. Staff must not use third-party trade marks when carrying out their duties, unless they have checked with the Trade Mark Officer that the company has a licence to use the mark in the manner that is intended.

    3. Staff must refer all ideas for new brands, and proposed changes to existing brand identity, to the Trade Mark Officer for legal clearance before disclosing or using them publicly.

    4. When writing and designing promotional materials, staff must in particular refer to the Trade Mark Officer any proposal to include in any materials a reference to a competitor, or to a competitor's products or services, whether the competitor, products or services are named (either expressly or by implication).

  11. Using the trade marks of others under licence

    1. From time to time the company may acquire a licence to use trade marks owned by others. Staff must check how the company is allowed to use any such mark, and must include alongside any representation of the mark the trade mark notice "™" (if the mark is unregistered) or ® (if it is registered) and the following notice, adapted as appropriate if the use is of a single mark:

      "[NAMES OF MARKS] are registered trade marks owned by, and used under licence from, [NAME OF LICENSOR]."

  12. Monitoring and reviewing this policy

    1. The Trade Mark Officer shall be responsible for reviewing this policy every [] to ensure that it continues to meet legal requirements and reflect best practice.

    2. The Trade Mark Officer has responsibility for ensuring that any person who may be involved with administration or investigations carried out under this policy receives regular and appropriate training to assist them with these duties.

    3. Staff are invited to comment on this policy and suggest ways in which it might be improved by contacting the Trade Mark Officer.