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Trademark Policy
Effective Date: [01/JUL/2024]

 

1. Introduction

GXN Group Pty Ltd (hereafter "we", "our", or "us") recognizes the importance of protecting and properly managing our intellectual property, including trademarks, to maintain our reputation, brand value, and competitive edge in the medical consumables industry. This Trademark Policy outlines our approach to the use, protection, and enforcement of our trademarks, as well as guidelines for third parties who wish to use our trademarks.

 

2. Purpose of This Policy

The purpose of this policy is to:

  • Ensure the consistent use of our trademarks to protect our brand identity and reputation.

  • Prevent unauthorized use of our trademarks and minimize the risk of brand dilution.

  • Provide clear guidance for employees, partners, suppliers, and third parties on how to use our trademarks appropriately.

 

3. What Is a Trademark?

A trademark is a distinctive sign, logo, word, phrase, symbol, or combination thereof that identifies and distinguishes the products or services of GXN Group Pty Ltd from those of other businesses. Trademarks can be registered with the IP Australia (the Australian Government agency for intellectual property), offering legal protections for exclusive use.

Our trademarks include:

  • Registered trademarks: Trademarks that have been formally registered with IP Australia and granted legal protections.

  • Unregistered trademarks: Trademarks that have not been registered but are still recognized and protected under Australian common law based on their use.

 

4. Ownership of Trademarks

GXN Group Pty Ltd is the sole and exclusive owner of all trademarks used in connection with our business, products, and services. This includes any logos, brand names, product names, slogans, and other identifying marks that we have created or adopted.

We may hold registered and unregistered trademarks, and these rights extend to:

  • Our logo and brand name(s).

  • The names of medical consumables and related products.

  • Packaging designs and any other distinguishing marks.

 

5. Permissible Uses of Our Trademarks

To maintain the integrity and reputation of our brand, the use of our trademarks must be consistent with our guidelines. The following outlines acceptable uses of our trademarks:

  • Internal Use: Employees and contractors may use our trademarks for legitimate business purposes, such as marketing materials, presentations, and official correspondence.

  • Authorized Use by Third Parties: Partners, suppliers, or other business associates may use our trademarks only with our prior written consent and in accordance with the terms of any agreement or license.

  • Product Labelling: Our trademarks may appear on product labels, packaging, or instructions only for products we produce, distribute, or authorize.

Any use of our trademarks that may cause confusion, misrepresentation, or infringement of our brand or intellectual property rights is prohibited.

 

6. Guidelines for the Use of Our Trademarks

To ensure the proper use of our trademarks, the following guidelines must be adhered to:

  • Correct Use: Always use our trademarks exactly as registered or approved. Do not alter, distort, or modify the design or wording of our trademarks in any way. Use of our trademarks should be in the exact format and style as specified in our brand guidelines.

  • Trademark Symbols: Use the appropriate symbols to indicate the status of our trademarks:

    • ® for registered trademarks

    • ™ for unregistered trademarks

  • Distinction from Other Marks: Clearly distinguish our trademarks from other marks, including other companies' trademarks or logos, to avoid confusion or dilution of our brand.

  • No Suggestion of Endorsement: Do not use our trademarks in a way that could suggest an endorsement, sponsorship, or partnership unless it has been explicitly authorized by us in writing.

 

7. Prohibited Uses of Our Trademarks

The following actions are strictly prohibited:

  • Unauthorized Use: Any use of our trademarks without written authorization, including by third parties, licensees, or unauthorized distributors.

  • Confusing or Misleading Use: Using our trademarks in a manner that could cause confusion as to the origin, sponsorship, or approval of goods or services, including imitating our marks or using them inappropriately.

  • Negative or Defamatory Use: Using our trademarks in a manner that disparages or harms the reputation of GXN Group Pty Ltd, its products, services, or personnel.

  • Trademark Dilution: Using our trademarks in a way that weakens their distinctiveness or harms their reputation, even if not directly infringing on our registration rights.

  • Modification: Altering, combining, or creating derivative works of our trademarks, including logos or brand names, without express written permission from GXN Group Pty Ltd.

 

8. Licensing and Assignment of Trademarks

If third parties wish to use our trademarks, they must request written permission from GXN Group Pty Ltd through a formal licensing agreement. We will assess each request on a case-by-case basis, ensuring that the use aligns with our brand standards and business goals.

Any agreement to use our trademarks will be governed by a written contract that clearly outlines:

  • The scope of the permitted use.

  • The term of the license.

  • Quality control measures to ensure our trademarks are used appropriately and consistently.

  • The termination and renewal conditions of the license.

We retain the right to revoke any license or permission at any time if the use of our trademarks does not meet our standards or if the relationship changes.

 

9. Trademark Protection and Enforcement

GXN Group Pty Ltd is committed to actively protecting its trademarks from infringement. This includes monitoring the use of our trademarks, investigating potential violations, and taking appropriate legal action when necessary.

  • Monitoring: We will regularly monitor the marketplace for any unauthorized use of our trademarks, including online and offline channels, including websites and social media platforms.

  • Enforcement: If we identify unauthorized use or infringement of our trademarks, we will take the necessary steps to protect our intellectual property, including sending cease-and-desist letters, negotiating settlements, or initiating legal proceedings.

  • Cooperation: We will cooperate with relevant authorities, such as IP Australia and law enforcement, in the event of trademark infringement.

 

10. Reporting Trademark Infringements

If you believe that someone is infringing on our trademarks or using our trademarks without permission, please report it to us immediately. You can contact us at the details below:

GXN Group Pty Ltd
Email: info@gxngroup.com
Phone: 1800 954 116
Address: PO Box 263, Elsternwick, VIC, 3185

Please provide specific details about the infringement, including the location, description, and any evidence of unauthorized use.

 

11. Trademark Renewal and Maintenance

We will ensure that all registered trademarks are renewed and maintained in accordance with the legal requirements set by IP Australia. This includes keeping accurate records of all registered trademarks and filing necessary renewal applications before the expiration dates.

 

12. Review and Amendments

This Trademark Policy will be reviewed regularly to ensure it remains effective and aligned with current legal requirements and business practices. GXN Group Pty Ltd reserves the right to amend this policy at any time.

 

13. Contact Information

If you have any questions or need clarification regarding this Trademark Policy or the use of our trademarks, please contact us at:

GXN Group Pty Ltd
Email: info@gxngroup.com
Phone: 1800 954 116
Address: PO Box 263, Elsternwick, VIC, 3185

 

This Trademark Policy ensures that GXN Group Pty Ltd effectively protects and manages its intellectual property rights while providing clear guidelines for the correct and authorized use of its trademarks.

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