Trademark Policy

Trademark Policy - Background Statement

Xyz Training Group; including the websites Xyz.co.uk, eLearning.co.uk, TrainingWebsite.co.uk, TrainingDirectory.com, TrainingDirectory.co.uk and all/any other wholly owned training related websites operated by us ["hereinafter collectively called Xyz Training Group"] that advertise training services on behalf of 3rd party training providers abide by local Trademark laws and require and compel all course listings and events advertised by content providers ["3rd parties"] do not infringe on third-party Trademarks.

Where Use Of A Trademark Is Permitted

We recognise that 3rd parties may properly use Trademarks in certain situations, such as those qualified or authorised to deliver training services under the Trademark, resellers or those providing content to us (including Trademarks) that describe the service on offer. Xyz Training Group attempts to only accept listings or course events from authorised members of a trade body, Trademark owners, qualified course providers or joint owner/ members of a collective Trademark ["Bonafide Providers"]. In such situations Xyz Training Group will allow said content to be published and we will act as the referrer or, in certain situations, reseller of said services. Every endeavour is made to ensure that all Bonafide Providers submitting content to Xyz Training Group are duly affiliated, qualified or authorised to offer legitimate training services under a Trademark.

Trademark Restrictions

If a Trademark owner submits a complaint to Xyz Training Group about the use of their Trademark in Xyz Training Group listings, we will review it and may enforce certain restrictions on the use of that Trademark. The following policies apply to Trademarks used in course listing pages, event listings and on documentation including downloadable documentation, and they are enforced when a Trademark owner submits a valid Trademark complaint to Xyz Training Group.

There are specific requirements for Bonafide Providers who want to use Trademarks that would otherwise be restricted. Under this policy, the following will be allowed:

* A course listing or event which is primarily dedicated to selling (or clearly facilitating the sale of) training services corresponding to a Trademark. We will ensure that any course listing or event will clearly provide the relevant commercial information such as the rate, cost, registration fee and, where applicable, the location and date of an event. Xyz Training Group will ensure that the name of the ultimate Bonafide Provider delivering the training course is made available to the user.

* An informational course listing page whose primary purpose is to provide informative details about training service corresponding to the Trademark.

The following will not be allowed under this policy:

* Any listing referring to a Trademark for competitive purposes.

* Any listing that requires users to provide extensive information before displaying commercial information.

Statement To 3rd Parties / Content Providers

Xyz Training Group recognises the importance of Trademarks. The Xyz Training Group's Terms and Conditions with Bonafide Providers prohibits intellectual property infringement and Bonafide Providers are reminded that they are solely responsible for all course content and commercial information submitted to us.

If you are a Bonafide Provider, 3rd party publisher, training or content provider and have questions about how this policy may affect your listings, please visit our terms and conditions and the help section provided in your account with us. In signing up to use our services you are reminded that you have agreed to: (a) grant us a royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and communicate to the public the content you provide to us; and (b) you authorise us to adapt such content and you agree to waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question. You have also agreed to indemnify us against all claims resulting from the content you supply. It is therefore essential that you do not submit any content to us that you have no right to use. If you are in any doubt as to your obligations or rights under a Trademark, then please ensure you contact the Trademark owner or rights holder directly.

How We Handle Trademark Complaints

In order to assess a complaint regarding the misuse of a Trademark we will require the Trademark owner to provide us with a specific and detailed complaint regarding the content or web page in question and include in that complaint the URL and the location of the training event being advertised, the Bonafide Provider or training date in question.

Xyz Training Group is unable to respond to spurious or general complaints regarding the alleged misuse of a Trademark and the following statements contained within this page explain the relationship that we have with 3rd parties and how Xyz Training Group uses the information and training content provided to it. Whilst we are unable to provide general information relating to specific relationships Xyz Training Group has with its users and/or 3rd party training/content providers, we will investigate any complaint related to any specific 3rd party or listings page or event who may or may not be unauthorised to advertise training offerings under a Trademark.

If you are a Trademark owner concerned about the use of your Trademark, please review the policy outlined on this page including on how to submit a complaint. Please be reminded that, in addition to this policy, as per Xyz Training Group terms and conditions regarding the use of this website, a link to which is provided to web visitors on every page, Xyz Training Group clearly informs all visitors that, unless stated otherwise, we ourselves are not connected or affiliated with any trade body, Trademark or accredited training body and all training courses on our website are courses and offerings from 3rd parties. Every attempt possible is made to ensure that all courses offered by 3rd party providers are licensed and authorised by the relevant governing or training body, Trademark holder or accredited training organisation

Threats Of Trademark Infringement

We take allegations of Trademark infringement very seriously and, as a courtesy, we investigate valid Trademark complaints submitted by Trademark owners or their authorised agents. However, Xyz Training Group is not in a position to mediate third-party disputes, and we encourage Trademark owners to resolve their disputes directly with the 3rd parties submitting content to Xyz Training Group.

In addition to directly contacting the content providers, Trademark owners who are concerned about Trademark use in Xyz Training Group listings can follow the steps below in order to submit a complaint.

Submit A Trademark Complaint

We won't restrict the use of your Trademark unless you submit a valid complaint. That includes your complaint not countervening the fair use of Trademarks as explained in this policy. Trademark owners don’t need to be Xyz Training Group members themselves in order to submit a complaint. Here are the steps to do so:

1. Verify that you are eligible to submit a complaint. We normally accept complaints from the Trademark owner, the Attorney of Record (IPO Representative) as listed on the Trademark registration or a representative from the headquarters of the Trademark parent company.

2. For any other contact to submit a complaint, the Trademark owner needs to email Trademarks@xyz.co.uk and confirm that the specific contact is "authorised to act on our behalf with respect to Xyz Training Group content." After the Trademark owner confirms this, the contact can submit complaints and authorisations on the Trademark owner's behalf. This process applies to subsidiaries, regional branches, solicitors not listed as the Attorney of Record (IPO Representative), media agencies, dealerships, franchises or anyone other than the acceptable contacts outlined above.

3. Review the Trademarks policy above and make sure that you understand what we will and won’t investigate. Submit a complaint using the form below or by email to Trademarks@xyz.co.uk

4. To ensure efficient review of your complaint, please provide all the information requested. We won’t be able to take action on incomplete complaints.

5. We may share your email address with any content provider who might be the subject of a complaint or those who enquire about the authorisation for your Trademark. When you're completing the complaint form, provide an email address that will be appropriate for such requests.

6. Because Trademark rights are territorial, we'll only investigate the use of your Trademark in the applicable Trademark category and in the regions that you specify, where you own active Trademark rights. The process for acquiring Trademark rights, either through registration or use, varies from region to region. Xyz Training Group doesn’t register Trademarks.

7. You can choose to request an investigation of content by specific advertisers that you identify, or that of course event listings where the ultimate course provider is not immediately apparent.

8. After submitting the complaint form, we'll review your complaint and send a response to the email address that you provided, letting you know the outcome of our review.

9. Our resources are limited, however we will address your complaint expeditiously. Complaints are reviewed in the order that they are received. Please be assured that we will contact you after we have reviewed your complaint. If you have questions related to your complaint, reply to the email that we send you. Do not resubmit your complaint separately or follow up in separate emails.

Authorise 3rd Parties To Use Your Trademark

If you have a Trademark complaint on file, you can authorise certain advertisers to use your Trademark by filling in the appropriate authorisation form. Development of this feature is both complex and ongoing and will be provided as a courtesy to Trademark owners. Please stipulate in your complaint if this feature is of interest to you and we will inform you the moment it becomes available.

Content From Resellers And Informational Providers

Please bear in mind that after we have completed a Trademark investigation, content containing Trademark information may still be allowed if it meets the reseller and informational site policy requirements.

We believe the right approach is to give users more choice and provide them with access to as many course options and information as is relevant to their particular training course requirement, geographical location and personal availability. We are big supporters of transparency and in having the right to choose. This policy balances the needs of our users while ensuring that non-compliant uses of the Trademark in content displayed on Xyz Training Group continues to be investigated and restricted according to our Trademarks policy.

Counterfeit Training Services

We do not allow counterfeit or false advertising of training services and endeavour to ensure that all listings and events are ultimately being delivered by Bonafide Providers who are qualified and authorised to provide said service. We also proactively work hard to ensure that no alternate or non-accredited or inferior training offering is being delivered under the guise of being a qualification equivilent to or connected to another's Trademark

June 2014

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