This Trademark & Brand Protection Policy (“Policy”) explains the ownership, protection and permitted use of the trademarks, brand identity, original content and other intellectual property associated with Healthy Tantra, a partnership firm organised under the laws of India (“Healthy Tantra”, “we”, “our” or “us”).
Healthy Tantra operates a digital healthcare platform through its website, applications, services and associated digital channels (collectively, the “Platform”).
We respect intellectual property rights and expect users, healthcare professionals, sellers, business associates, service providers and other persons interacting with the Platform to respect the intellectual property rights belonging to Healthy Tantra and other lawful rights holders.
This Policy applies to all persons accessing, browsing, using, contributing to or otherwise interacting with the Platform, whether directly or through any associated application, service, communication channel or business arrangement.
The HEALTHY TANTRA brand name and its official logo are registered trademarks. The registered proprietor of these trademarks is the Healthy Tantra partnership firm, as recorded in the applicable registrations maintained by the Trade Marks Registry, Government of India.
These trademarks form an important part of Healthy Tantra’s identity and distinguish its Platform, services, products, communications and business activities.
The rights associated with these registered trademarks are protected under the Trade Marks Act, 1999, the rules made thereunder and other applicable laws, subject to the relevant registrations, their scope, validity, conditions and limitations.
No person may use, reproduce, imitate, modify, commercially exploit or otherwise represent these registered trademarks as their own, or in a manner that creates confusion, misrepresentation or an unauthorised association with Healthy Tantra.
In addition to its registered trademarks, Healthy Tantra has adopted and used other distinctive brand identifiers, expressions, messaging elements and brand assets as part of its business identity, positioning, communication and promotional activities.
Such elements may include proprietary taglines, distinctive phrases, campaign expressions, brand messaging and other identifiers developed, selected, adopted or used by Healthy Tantra.
These brand elements are not necessarily registered individually as trademarks. However, Healthy Tantra reserves and asserts all rights and interests available to it under applicable law arising from their creation, adoption, use, goodwill, reputation and associated business identity.
Their inclusion in this Policy does not represent that each such element is separately registered or that registration-based exclusive rights are being claimed in respect of every individual expression.
Unauthorised copying, adoption, imitation, misrepresentation or commercial exploitation of these brand elements, particularly in a manner likely to cause confusion, suggest affiliation or take unfair advantage of Healthy Tantra’s goodwill, is not permitted.
Healthy Tantra’s brand identity may also include, without limitation:
The rights in these elements belong to Healthy Tantra or their respective lawful owners, depending on their authorship, ownership, assignment or licensing arrangements.
Healthy Tantra respects and protects original content and creative materials published, displayed, commissioned, developed, licensed or otherwise lawfully used across its Platform.
Such materials may include:
The ownership of each material shall be determined by its actual author, creator, lawful owner, applicable agreement, assignment or licence.
Where a material is owned by Healthy Tantra, the applicable intellectual property rights belong to Healthy Tantra. Where material is owned by a third party or contributor, the relevant rights remain with that rights holder, subject to any valid assignment, licence or contractual arrangement in favour of Healthy Tantra.
Nothing in this Policy shall be interpreted as transferring ownership of third-party content to Healthy Tantra merely because such content is displayed, published or made available on the Platform.
Healthy Tantra may display, publish, host, distribute or otherwise make available content provided by doctors, healthcare professionals, practitioners, authors, contributors or other third parties.
Such content may include professional profiles, articles, educational material, photographs, videos, healthcare-related explanations, recommendations and other contributions.
The ownership and permitted use of such content shall be governed by the applicable contributor terms, provider agreements, permissions, licences, assignments or other arrangements entered into with the relevant rights holder.
Where a healthcare professional or contributor retains ownership of their content, Healthy Tantra’s right to use that content shall be limited to the scope of the applicable permission, licence or agreement.
The availability of such content on the Platform does not automatically place it in the public domain or grant other users, businesses, platforms or third parties permission to reproduce, republish, distribute, commercially exploit or otherwise reuse it.
Similarly, Healthy Tantra’s association with content does not grant it or any other person rights beyond those lawfully obtained from the relevant rights holder.
Healthy Tantra’s registered trademarks are protected in accordance with the Trade Marks Act, 1999 and other applicable laws in India.
Registration provides the rights and remedies available under law in relation to the registered mark, subject to the goods or services covered by the registration and any applicable conditions or limitations.
Healthy Tantra may also rely, where legally available, on rights arising from prior use, goodwill, reputation, passing off, copyright, contractual arrangements and other applicable legal protections.
The absence of a separate trademark registration for a particular brand expression, creative element or identifier does not, by itself, mean that such material is free for unrestricted copying or commercial exploitation.
Healthy Tantra reserves the right to take appropriate action against unauthorised use, misrepresentation, imitation or exploitation of its intellectual property, to the extent permitted by applicable law.
Use of Healthy Tantra’s name, logo, brand identifiers or other protected brand assets is permitted only where:
Any authorised use must:
A person’s association with Healthy Tantra as a doctor, healthcare professional, seller, supplier, service provider, employee, contractor, business associate or user does not automatically grant unrestricted rights to use its trademarks or brand identity.
Nothing in this Policy is intended to restrict genuine, lawful and non-misleading references to Healthy Tantra where permitted under applicable law.
Unless expressly authorised in writing by Healthy Tantra or otherwise permitted by applicable law, no person shall:
These restrictions shall be interpreted consistently with applicable statutory exceptions, lawful descriptive use, honest practices and other rights recognised under Indian law.
Healthy Tantra takes the protection of its original content and lawfully controlled creative materials seriously.
Unless authorised by the relevant rights holder or otherwise permitted under applicable law, no person may:
The restrictions in this section apply to materials owned by or lawfully controlled by Healthy Tantra and, where relevant, to third-party materials for which the applicable rights holder has imposed such restrictions.
Nothing in this section is intended to prohibit use that is expressly permitted by law, including applicable exceptions under copyright legislation.
Doctors, healthcare professionals, practitioners, sellers, suppliers, service providers and other business associates may be permitted to interact with or participate in Healthy Tantra’s Platform under applicable terms, agreements or business arrangements.
Such participation does not, by itself, grant ownership of or unrestricted rights to Healthy Tantra’s trademarks, logo, brand assets, original content or other intellectual property.
Any use of Healthy Tantra’s brand identity for marketing, promotional activities, public announcements, advertisements, social media communications or other commercial purposes must remain within the scope of the permission or agreement granted.
Similarly, Healthy Tantra’s association with a doctor, practitioner, seller or business associate must not be represented in a misleading manner or beyond the actual nature of the relationship.
All parties must respect the ownership and permitted-use rights of content contributed by doctors, practitioners and other third parties.
Any request to use Healthy Tantra’s trademarks, logo, brand assets, original content or other protected materials for commercial, promotional, editorial, institutional or other purposes requiring permission should be submitted in writing.
Permission must be obtained before the proposed use begins, unless the use is otherwise permitted by applicable law.
A permission or licence granted by Healthy Tantra:
No permission or licence shall be implied merely because material is publicly accessible on the Platform or because a person has an existing business or professional relationship with Healthy Tantra.
Permission requests may be sent to [email protected].
Healthy Tantra takes reports of suspected trademark misuse, copyright infringement, unauthorised content use, impersonation and other intellectual property violations seriously.
Any person who believes that their intellectual property rights have been infringed through the Platform, or who wishes to report suspected unauthorised use of Healthy Tantra’s intellectual property, may refer to our separate Intellectual Property & Report Abuse Policy for the applicable reporting procedure and required information.
Reports may be submitted to: [email protected].
Healthy Tantra may review such reports and take appropriate action in accordance with applicable law, the relevant agreements and its policies.
Healthy Tantra reserves the right to protect and enforce its intellectual property rights through appropriate legal and administrative remedies.
Depending on the nature and circumstances of the matter, such action may include:
Any action shall be subject to the rights actually held by Healthy Tantra, the evidence available and the requirements of applicable law.
The Platform may contain third-party trademarks, logos, content, images, product names, links or other intellectual property belonging to their respective owners.
Such material remains the property of its respective rights holder.
Its presence on the Platform does not imply that Healthy Tantra owns, endorses or has unrestricted rights over it.
Where third-party material is used under a licence, permission or other lawful arrangement, such use shall remain subject to the applicable terms and conditions.
This Policy should be read together with Healthy Tantra’s other applicable policies, terms, provider agreements, seller agreements, contributor arrangements and contractual documents.
In particular, the Intellectual Property & Report Abuse Policy governs the procedure for reporting suspected intellectual property infringement, misuse, abuse, fraud and impersonation through the Platform.
Where a specific agreement or licence governs the ownership or permitted use of particular content, materials or intellectual property, the applicable agreement or licence shall govern that specific arrangement to the extent of any inconsistency, subject to applicable law.
Healthy Tantra may revise, update or modify this Policy from time to time to reflect changes in its business, Platform, intellectual property portfolio, applicable laws or operational requirements.
The updated version shall be published on the Platform with the revised effective date or version details.
Continued access to or use of the Platform after publication of an updated Policy shall be subject to the revised Policy, to the extent permitted by applicable law.
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