Home About EMDR Association UK Policies & Position Statements Intellectual Property and Trade Mark policy

Intellectual Property and Trade Mark policy

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EMDR Association UK
Company Number: 07428145
Charity Number: 1140865

  1. Introduction
    1. EMDR Association is the professional association of clinicians and researchers seeking the highest standards for the clinical practice of EMDR in the United Kingdom.
    2. EMDR Association is the United Kingdom national association of EMDR Europe. EMDR Europe is the official professional association of National EMDR Associations establishing, maintaining and promoting the highest standards of excellence and integrity in EMDR therapy practice, research and education throughout Europe. EMDR Europe and EMDR Association strongly advise potential clients to seek therapy from clinicians that are members of National EMDR Associations, who are properly trained and updated. Potential clients can check with EMDR Association to find a clinician that can provide therapy according to the standards of excellence and accreditation criteria of EMDR Europe and EMDR Association.
    3. It is necessary to be a member of the EMDR Association in order to become an Accredited EMDR Practitioner or Consultant. Membership and accreditation keeps EMDR practice in the UK high-quality, accountable and professional. Our therapist members are licensed mental health professionals who have received specialised and certified training through approved EMDR Europe and EMDR Association trainers and training organisations.
    4. The good name of EMDR Association and EMDR therapy and services is vital in enabling achievement of its mission. As a membership body, EMDR Association and its members have a duty to one another to uphold the good name of EMDR Association and the high standards of professional conduct that maintain and enhance the reputation of EMDR Association and EMDR as a respected and recognised psychological treatment method.
    5. This IP Policy is intended to:
      1. assist EMDR Association to best protect, exploit and enforce its intellectual property rights, brand and trade marks. 
      2. protect use of the EMDR brand of which EMDR Association is the custodian in the UK.
      3. provide members with a licence and rights to use certain EMDR and EMDR Association marks while they remain members of EMDR Association.
      4. protect the distinctiveness and goodwill in the EMDR brand.
      5. to assist to police, monitor and enforce our rights in the EMDR brand, in particular against non members, unaccredited third parties and rogue traders. 
      6. to prevent the use, abuse and misuse of the EMDR brand that may be detrimental to and/or damage, and/or take unfair advantage of, the reputation and good name of EMDR and the EMDR Association and its members.
      7. prevent dilution and detriment to the EMDR brand.
  2. Ownership
    1. EMDR Association owns the following marks (together the “Marks”):
    2. Core Marks
      1. Registered Marks:
        https://trademarks.ipo.gov.uk/ipo-
        tmcase/page/Results/1/UK00003467809
        EMDR logo
        https://trademarks.ipo.gov.uk/ipo- tmcase/page/Results/1/UK00003467798
        EMDR Association UK
      2. Unregistered Marks:
        EMDR
        EMDR UK
        EMDR Association
    3. Additional Marks:
      1. Registered Marks:
        https://trademarks.ipo.gov.uk/ipo- tmcase/page/Results/1/UK00003452557
        emdr academy logo
        Used under exclusive licence by The Stress & Trauma Centre Limited
  3. Licence
    1. Subject to the terms of this Policy, EMDR Association hereby grants to Accredited Members a licence, and Accredited Members shall have the right to use, the following marks
      1. EMDR logoEMDR ASSOCIATION UK; EMDR UK; EMDR ASSOCIATION; (the “EMDR Association Marks”)
      2. EMDR (the “EMDR Mark”) (together the EMDR Association Marks and the EMDR Mark shall be referred to herein as the “Licensed Marks”)
    2. Accredited Members may use the EMDR Association Marks in relation to their practices to indicate that they are a member of the EMDR Association.
    3. Accredited Members may use the EMDR Mark in respect of their practices and services in the UK. 
    4. Accredited Members’ use of the Licensed Marks is subject to the following conditions:
      1. remaining a member of the EMDR Association.
      2. complying with, and ensuring that the services supplied by the member complies with, all EMDR UK membership terms, rules, codes and policies, and any applicable laws, regulations, industry standards and codes of practice.
    5.  All members acknowledge that EMDR Association is the proprietor of the Marks and that all goodwill derived from use of the marks listed at clause 2 (Marks) above shall accrue to the EMDR Association.
    6.  EMDR Association does not make any representation or warranty of any kind in relation to the Marks.
    7. Members shall:
      1. Only use the Licensed Marks in the manner, and for the purposes, authorised in this IP Policy.
      2. use the Licensed Marks as stipulated from time to time by the EMDR Association and comply with any brand guidelines and reasonable directions of the EMDR Association regarding the form, manner and use of the Licensed Marks.
      3. promptly provide EMDR Association with copies of all complaints and all communications, relating to the Marks with any regulatory, industry or other authority.
      4. promptly inform EMDR Association of any suspected unauthorised use of the Marks or any confusingly similar mark, of which it becomes aware. Unless otherwise agreed, only EMDR Association shall be entitled to bring infringement proceedings in relation to the Marks. Members shall, at EMDR Association’s reasonable request and cost, give all reasonable co-operation to EMDR Association (including the provision of documentation and making relevant personnel available) in any action, claim or proceedings brought or threatened in respect of the Marks.
      5. hereby assign to EMDR Association any and all goodwill in the Marks as may have otherwise accrued to the member by reason of its use of the Marks (including use of the Licensed Marks).
    8. Members shall not:
      1. use the Marks except as permitted under this IP Policy.
      2. use in their business any trade mark (aside from the Licensed Marks) that is confusingly similar to the Marks or any of them;
      3. use the Marks or any word confusingly similar to the Marks as, or as part of, their corporate or trading name or as, or as or as part of, any domain name without the prior written consent of the EMDR Association.
      4. do, or omit to do, or permit to be done, any act that will or may weaken, damage or be detrimental to the Marks or the reputation, good name, image, prestige and/or goodwill associated with the Marks and/or the EMDR Association, or that would tend to allow them to become generic, lose their distinctiveness, become liable to mislead the public or which may invalidate or jeopardise any registration of the Marks.
      5. apply for or obtain, registration of any trade or service mark for the Marks for any goods or services.
      6. apply for, or obtain, registration of any trade or service mark which consists of, comprises, includes, and/or is confusingly similar to, the Marks for any goods or services.
    9. To the extent that any member applies (or has applied) and/or has achieved registration for any trade or service mark in breach of this IP Policy, and in particular clauses 3.8.5 and 3.8.6 hereof, they shall, at EMDR Association’s sole discretion and immediately upon request from EMDR Association, assign to EMDR Association, withdraw, surrender, or amend, those rights.
    10. To the extent that any member uses, is using, or has used, the Marks or any word confusingly similar to the Marks as, or as part of, their corporate name without the prior written consent of EMDR Association, in breach of this IP Policy and in particular clause 3.8.3 thereof, they shall, at EMDR Association’s sole discretion and immediately upon request from EMDR Association, file to rename their corporate name.
    11. To the extent that any member uses, is using, or has used, the Marks or any word confusingly similar to the Marks as, or as part of, any domain name without the prior written consent of EMDR Association, in breach of this IP Policy and in particular clause 3.8.3 hereof, they shall, at EMDR Association’s sole discretion and immediately upon request from EMDR Association, transfer to EMDR Association or surrender that domain.
    12. Any member that is required to take any actions pursuant to clauses 3.9, 3.10, and/or 3.11, shall provide any and all assistance to EMDR Association and its representatives that may be required so as to fully comply with that clause.
  4. Implementation
    1. The first version of the IP Policy came into effect in March 2021, and has been updated in November 2024.
    2. A copy of the current IP Policy will be available on EMDR Association’s website.
    3. New members will be made aware of the IP Policy and will be required to commit to it when they join EMDR Association.
    4. The IP Policy will be binding on all members throughout the term of their membership, and noncompliance with the IP Policy may lead to expulsion as a member, without the refund of membership fees.
    5. The IP Policy may be amended by the trustees of EMDR Association from time to time.  Any amendments to this IP Policy will be communicated to members.
    6. All EMDR Association trustees, members and staff will be responsible for monitoring the IP Policy and investigations into allegations that members have broken or are in breach of the IP Policy and any sanctions will be pursued by the trustees in accordance with EMDR Association’s Disciplinary Policy and/or via any formal route available to EMDR Association as necessary.
  5. Review
    1. This IP Policy will be reviewed approximately every three years or more regularly if noncompliance or problems are identified, or in the light of emerging legislation or best practice that could impact on this IP Policy, or on EMDR Association or its member’s interests. A report of the findings of the review, based on the data and other information collected and evaluated, will be presented to the Board of trustees and appropriate action taken.

Date created: 2020/05/07

Date last reviewed: November 2024

Date of next review:  November 2027