Trademark Usage Policy for the BCPA and PACB
A. Policy Purpose
This Policy establishes the rules and requirements for use of all Patient Advocate Certification Board (PACB) trademarks, including certification marks and service marks.
B. PACB Organizational Trademarks
- Mark Ownership – The following organizational trademarks (PACB Trademarks) are owned and controlled by PACB:
Patient Advocate Certification Board™
PACB retains the sole and exclusive rights to use the PACB Trademarks. PACB may create and use additional marks, as it deems appropriate.
- Prohibited Use of PACB Trademarks – Individuals, businesses, and other organizations, including PACB certificants, are not permitted to use the PACB Trademarks. In certain circumstances, PACB may permit another organization to use a specific PACB Trademark, subject to a PACB-approved license agreement. Permission by PACB to use a PACB Certification Mark or PACB Recognized Mark, identified in Sections II and III of this Policy, does not include authorization to use the PACB Trademarks.
- Policy Violations and Related Matters – PACB reserves, and may use, any and all remedies available under applicable laws and organizational policies to protect the PACB Trademarks. Infringement or other misuse of any PACB Trademarks will be challenged. Following the receipt of information that an unauthorized use of a PACB Trademark may have occurred, PACB will determine if responsive action(s) will be taken in accordance with this Policy and applicable Federal and State laws.
CERTIFICATION MARK POLICY
A. Policy Purpose
PACB certification marks and credentials (PACB Certification Marks) certify that authorized individuals performing patient/health advocacy services have satisfied applicable requirements established by PACB. PACB Certification Marks represent a standard of excellence in the patient/health advocacy field. This Policy establishes the rules and requirements for use of the PACB Certification Marks, including proper use of the marks by certificants on occupational and business materials. All PACB authorized individuals should review this Policy carefully to ensure that all uses of the Certification Marks conform to the Policy requirements.
- Mark Ownership – The following PACB Certification Marks are owned and controlled by PACB:
|Board Certified Patient Advocate™
|Certified by the Patient Advocate Certification Board™
- Authorized Use of PACB Certification Marks – PACB grants limited permission to use the PACB Certification Marks to qualified individuals who satisfy all applicable PACB certification requirements. Consistent with applicable law and organizational policies, PACB will ensure that the Certification Marks are displayed and otherwise used properly, as such use represents PACB certification to the public.
- Prohibited Use of PACB Trademarks and PACB Recognized Mark – Permission by PACB to use a PACB Certification Mark does not include authorization to use any PACB Trademarks or PACB Recognized Mark, which are identified in Sections I and III of this Policy.
- Persons Authorized to Use PACB Certification Marks/Certificant Responsibilities – Use of the Certification Marks is limited strictly to those individuals who are PACB certificants in good standing. Each PACB certificant accepts and assumes sole responsibility for understanding and satisfying all PACB organizational and legal requirements related to the use and display of the Certification Marks. PACB will not be liable or otherwise responsible for any claims, complaints, suits, or damages whatsoever, relating to a certificant’s use or display of a Certification Mark. Among other requirements, each certificant is responsible for ensuring that the use of any Certification Mark on occupational and business-related materials (e.g., business cards, stationery and/or letterhead, email signatures, advertisements, brochures, or Internet websites) is consistent with this Policy, and is not in conflict with applicable laws. PACB assumes no responsibility concerning the interpretation or application of such legal requirements. PACB certificants are prohibited from making any public statement or representation related to the PACB Certification Program that brings PACB into disrepute, that is materially false, or that is otherwise contrary to the interests of PACB.
- Non-Assignability and Non-Transferability of PACB Certification Marks – Permission to use the PACB Certification Marks is limited to the PACB certificant, and may not be transferred to, assigned to, or otherwise used by, any other individual, organization, business, or entity.
- Proper Use and Appearance of PACB Certification Marks – Each PACB certificant may use the PACB Certification Marks on occupational and business-related materials, consistent with the following rules:
a. Proper Use – Each individual PACB certificant must use the Certification Marks only in conjunction with his/her name, and in connection with the services related to the certification, i.e., patient/health advocacy services. The Certification Marks may not be positioned, displayed, or used in a manner which may lead the public to believe that a company or organization is certified or otherwise endorsed by PACB.
b. Proper Appearance – With respect to other affiliation marks and/or logos, the PACB Certification Marks may be located near such other marks or logos but must remain separate and distinct so as to avoid confusion concerning the source of the certification, and to avoid the appearance that other marks, certifications, credentials, designations, or organizations are associated with, or endorsed by, PACB.
c. Examples of Proper Uses and Appearance – Proper uses and appearance of the PACB Certification Marks include, but are not limited to, the following examples.
Jane C. Doe, BCPA
Any questions concerning the proper use of PACB Certification Marks should be submitted in writing to PACB by mail at the following mailing address, 2300 Wildwood Ave, #6771, Sherwood, AR 72120, by submitting a request through PACB’s Help Center (firstname.lastname@example.org).
- Non-Interference with Use of Certification Marks by Other Certificants – A PACB certificant may not prohibit, restrict, or otherwise limit the authorized and appropriate use of a PACB Certification Mark by another certificant.
- Violation Reporting Responsibilities – Each PACB certificant has the responsibility to report the unauthorized use, misuse, or other violation of this Policy to PACB in a timely manner. This reporting responsibility includes any circumstance where the use of a PACB Certification Mark is related to an individual or organization that is not a PACB certificant, or where a Certification Mark is used improperly by a PACB certificant.
- Policy Violations and Related Matters – PACB reserves, and may use, any and all remedies available under applicable laws and organizational policies to protect the PACB Certification Marks. Infringement or other misuse of any PACB Certification Mark will be challenged. PACB certificants are required to cooperate fully in the review and resolution of such matters. Following receipt of information that an inappropriate or unauthorized use of a Certification Mark may have occurred, PACB will determine if responsive action(s) will be taken in accordance with this Policy and applicable laws.
- Disciplinary Actions Related to Mark Misuse by a Certificant or Candidate – All mark misuse complaints and other matters concerning potential violations of this Policy by a PACB certificant or certification candidate will be reviewed and resolved by the PACB Executive Director, or his/her designee. If, after notice and a fair opportunity to respond, the Executive Director determines that the certificant or candidate has violated the terms of this Policy, PACB reserves the right to issue disciplinary sanctions and/or other appropriate corrective actions, including but not limited to certification suspension or revocation; or the rejection of the candidate’s PACB certification application. A PACB certificant may request an informal review of an adverse decision by submitting a written request for review to PACB. A PACB candidate may appeal an adverse decision under the PACB Certification Appeals Procedure. In addition, PACB may refer cases of certification mark misuse, infringement, or other similar matters to appropriate agencies and other organizations or may initiate appropriate legal action.
- Policy Violation Actions Concerning Third Parties – Following receipt of information that an inappropriate or unauthorized use of the PACB Certification Mark(s) by a third party individual, organization, or company may have occurred, PACB will determine if responsive action(s) will be taken consistent with PACB policies and applicable laws.