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Trademark Compliance Policy

Counselvise
Published on 30/07/2025
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Trademark Compliance Policy

Counselvise
Other Legal Agreements / Miscellaneous

Template Description

The Trademark Compliance Policy Template is a statutory legal and IP governance document prepared in alignment with the Trade Marks Act, 1999 and Trade Marks Rules, 2017. This professionally formatted 5-page MS Word policy outlines internal procedures for managing, protecting, and enforcing trademarks across company operations. It helps safeguard brand value, mitigate infringement risks, and maintain legal compliance related to logos, wordmarks, taglines, and brand identity. This template is ideal for companies with registered or unregistered trademarks in India and abroad.


Understanding the Trademark Compliance Policy Template

This policy equips organisations with a structured approach to trademark lifecycle management from registration and symbol use to renewal and third-party licensing. It establishes protocols for IP protection, proper usage by employees and vendors, enforcement actions against infringement, and risk mitigation in case of legal disputes. It is essential for legal, branding, marketing, and compliance teams involved in intellectual property matters.


Key Features of the Template

• Legal Foundation: Drafted in compliance with the Trade Marks Act, 1999 and Trade Marks Rules, 2017. Includes references to usage rights (™ / ®), Madrid Protocol, Section 29 (infringement), and related legal enforcement provisions.

• Trademark Application & Filing: Guides the process of conducting availability searches, class selection, and filing TM-A forms through IP India or WIPO. Includes priority date tracking and symbol usage from the time of application.

• Centralised Trademark Register: Mandates the creation and maintenance of a centralised record with application numbers, jurisdiction, registration status, renewal dates, and usage restrictions.

• Usage Governance: Outlines trademark display standards, approved formats, and restrictions. Prevents unauthorised stylisation, abbreviation, or misuse by internal or external stakeholders.

• Third-Party Trademark Management: Covers licensing, co-branding, franchise branding, and agency usage protocols. Enforces execution of trademark usage undertakings and contract reviews.

• Monitoring & Enforcement: Enables subscription to trademark watch services. Details legal actions such as cease-and-desist notices, oppositions (TM-O), infringement suits, and brand protection alerts.

• Renewal & Assignment Procedures: Provides renewal tracking (TM-R filing every 10 years), non-renewal documentation, and TM-P form compliance for assignment or licensing.

• Employee Obligations: Directs employees to report new product names, follow usage rules, and maintain confidentiality. Non-compliance may attract disciplinary measures.

• Training & Brand Awareness: Calls for periodic training on trademark usage, infringement risks, and brand manual implementation across departments and partner teams.

• Penalty Clauses & Legal Risks: Highlights penalties for misuse, delayed filings, or policy breaches ranging from IP rights loss to brand dilution, lawsuits, and regulatory liabilities.

• Recordkeeping & Documentation: Enforces proper archiving of filings, licensing agreements, renewals, and opposition records for internal and external audits.


Conclusion

The Trademark Compliance Policy Template offers a ready-to-implement, legally grounded framework for trademark protection, brand governance, and risk management. It empowers businesses to create a strong IP compliance culture, reduce legal exposure, and maintain the integrity of their brand identity in a competitive marketplace. This policy is essential for companies serious about safeguarding their trademarks and enhancing brand valuation.