Trademark Management

Without the legally correct use of our registered trademarks it is not just Bayer’s outstanding reputation that may suffer and our market position could be undermined. Improper trademark usage may ultimately lead to a loss of these trademark rights so that a competitor could use one of our trademarks for their products. This section provides only a basic overview of this important topic. More details can be found on the Corporate Trademarks at Bayer Intellectual Property (for internal use only).

History of the Bayer trademark

The Bayer trademark was registered in 1900 and the Bayer Cross trademark in 1929. Worldwide, there are currently more than 700 active trademark registrations for Bayer and more than 800 for the Bayer Cross. In view of this long history and geographical spread it is extremely important that we at Bayer ensure and enforce the correct use of our trademarks. This is the only way to protect the Bayer and Bayer Cross trademarks on a long-lasting basis.

Protecting our trademarks requires rules

Please remember that without ensuring compliance with the following rules, our trademarks may be weakened or even lose their protected status in the long term.

1. Trademarks must be used on all products.
Both Bayer and the Bayer Cross must be used on all packaging and other product-related materials.
Please comply with the guidelines for the correct use of Bayer and the Bayer Cross on products.

2. Trademarks must be used correctly.
The incorrect use of a trademark, even if it is only in company correspondence, weakens the trademark. The correct use of a trademark is described in the table below.

How our trademarks have to be used

If trademarks are used descriptively and not correctly, they can become generic. This would mean that a trademark would no longer describe a product within a particular product group, but rather the entire group. If this happens, competitors may use the former trademark in connection with their own products and nothing can be done about it. There is also a risk of these trademarks becoming part of normal speech, as happened, for example, with the word and former trademark Walkman.

Protecting the Bayer brand name internally

The inflationary use of our brand name Bayer in the names of business units, departments, initiatives, activities, etc. weakens the impact of trademarks. For this reason, we need to impose restrictions on the use of the word “Bayer“ or “Bayer’s” as well as on the use of the prefix “Bay”.

The use of “Bayer’s” is not prohibited in cases with abstract terms such as business, expertise, experience, know­how, innovations, experience, brand name, etc. When we talk about “Bayer’s expertise in crop protection products”, we are describing one facet or strength of our corporate character.

Permitted examples:

• Bayer’s seeds business 

• Bayer’s expertise in crop protection products 

• Bayer’s know­how in healthcare 

• The Bayer brand name 

• The Bayer logo 

However, it is not permitted to use Bayer as an adjective or “Bayer’s” in combination with a proper noun (recognizable in correct English by a capital letter), as the following examples illustrate:

Wrong: Bayer Oncology or Bayer’s Oncology

Right: The Bayer business unit Oncology / Oncology, a business unit of Bayer

Wrong: Bayer’s Public Health Magazine

Right: It is unnecessary even to mention Bayer in this context. Public Health Magazine should be used on its own. If an explanation is needed, write “Public Health Magazine”, a Bayer publication/magazine”.

In product names, “Bay” is neither to be used as a prefix nor as a suffix.

It goes without saying that our corporate trademark and company name “Bayer” is never to be used as part of a product name. Exceptions were made in the past where for historical reasons a different strategy had to be applied, e.g. Bayer Aspirin, but no future exceptions will be made.

When creating the names of internal or external initiatives and campaigns, the basic rule is that “Bay” or “Bayer” should not be used. Explicit approval for exceptions has to be granted by Brand Management or Trademark Management.

Use of the trademark symbols ™ and ®

As a basic principle, valid trademark protection for a brand should be obtained in each country where the brand is to be used – before it hits the market.

We must take care to emphasize our trademarks so that our customers recognize them and trust that products are from Bayer. By placing the trademark symbols ® and ™ after a trademark, we enable our brands to be easily identified and show our competitors that we are asserting trademark protection to a particular designation or logo.

The ® symbol stands for “registered” and is used only when trademarks have been registered in the respective country where the product will be sold. In the European Union (EU), registering a trademark in one EU member state allows the use of the ® on a product across all EU countries. However, this only applies to products distributed from within the EU market and not those imported into the EU from elsewhere.

The ™ symbol may be used if the trademark has been filed with the trademark office but is not yet registered. Broader rules may apply in the United States.If in doubt, please contact Corporate Trademarks  (for internal use only). 

The ® symbol is placed after all registered trademarks except the Bayer and Bayer Cross trademarks. These two corporate marks are always used without the ® due to their special nature and for aesthetic reasons.

In all other cases, the ® should always be placed immediately after the trademark. As a rule, this is only the product name without suffixes and descriptive terms, e.g. Aliette® WG and Bepanthen® Plus. Since only the product names themselves are registered trademarks, the ® comes after the name.

Please note that for marketing materials that are intended to be used globally and not just on a local basis, we have decided that the ™ symbol should be used after all trademarks. This decision was based on the fact that whereas in most countries the trademarks are registered, in some they are not. However, if such global texts are used as a basis for creating local marketing materials for a certain country, care should be taken that the correct symbol is placed after the trademarks – the ® symbol for trademarks that are registered in the respective country, the ™ symbol for trademarks that have not yet been registered in that particular country.

Regulations regarding the use of our trademarks by third parties

If third parties want to use our trademarks, a formal trademark license agreement is generally required. Only in a few special cases (discussed in more detail below) can our trademarks be used without such an agreement. However, if at any time our trademarks are used by third parties, as well as in conjunction with the trademarks of third parties, the approval of Corporate Trademarks or Brand Management is required.

• Distributors, retailers, pharmacies: A separate trademark license is not required for the selling and marketing of original Bayer products through Bayer-approved distributors. However, if the products are repackaged or relabeled before sale, and our trademarks are used on the packaging/label, a trademark license is required. Please consult Corporate Trademarks.
  
  To rule out any doubts, distributors are not permitted to use our trademarks – ¬except on material produced by Bayer. The use of our trademarks by a distributor on its own material is considered to be “co-branding” or “reference advertising” and has to be legally reviewed and explicitly authorized by Corporate Trademarks or Brand Management . Please see here  Co-branding 
  
  Generally speaking, no co-promotion with distributors or other partners is permitted if both the distributor’s and our trademarks are to be used. Please see here for more details Co-branding

• Sponsorships: If our trademarks are used to indicate that Bayer is sponsoring an institution, event or conference, a formal trade mark license agreement is generally not required. A written consent declaration from Corporate Trademarks is sufficient. In individual cases, the use of our trademarks will already be comprehensively covered in the sponsorship contract. Please always consult Corporate Trademarks or Brand Management. Please see here for more details Co-branding 

• Reference advertising: Many companies we work with would like to use our name/logo as a reference – and therefore our trademarks as well. A one-page written statement of approval from Corporate Trademarks or Brand Management is always required for this. Please see here for more details Co-branding 

• Other cases of utilization of our trademarks by third parties: This is only permitted with a trademark license agreement and includes classic license agreements for cases in which a licensee manufactures a product and then sells it under our trademark. However, a trademark license agreement is generally required for collaborations with other companies as well. One example is co-branding; please see here for more details Co-branding 

Infringement of our trademarks by third parties

A trademark infringement occurs when goods or services of a third party use a trademark that is identical to our trademark or at least so closely resembles it that consumers confuse the products and incorrectly associate them with Bayer. This would enable a competitor to launch an identical or similar product with a trademark very similar to ours to give buyers the impression that there is a connection or collaboration with Bayer. Elements of the packaging or our design may also be imitated, resulting in a case of unfair competition. In such situations, Bayer must always take immediate action to assert and protect its rights.

The attentiveness and awareness of our employees, licensees and distributors worldwide are particularly important in such cases. We are grateful for any information regarding possible Corporate Trademarks (for internal use only)

What to do if you suspect a trademark infringement:

• Write down the name and address of the company where you saw the suspicious goods. 

• Communicate the product names to Corporate Trademarks along with the prices of the products. 

• Take note of any labels or tags that might identify the manufacturer of the product(s). 

• Estimate how many articles are on offer. 

• Collect advertising material or other documentation. 

• Please forward everything to Corporate Trademarks.

What not to do:

• Do not talk to the third party about the possible trademark infringement, as they may then remove all suspicious products in order to resell them later. 

• Do not initiate any legal action, such as sending a warning letter. 

What to do if a third party claims that Bayer has infringed its trademark:

• Please consult Corporate Trademarks as quickly as possible. 

• Do not engage in any further discussion with the third party. 

Corporate Trademarks, which is part of Bayer Intellectual Property GmbH and based in Monheim, Germany, is responsible for the trademarks of all Bayer companies worldwide. Please get in touch with Corporate Trademark in all legal matters regarding our company brand and product brands.

Corporate Trademarks is responsible for:

• Supporting trademark creation 

• Trademark research 

• Filing applications for new trademarks 

• Defending trademarks (opposition, trademark infringements, etc.) 

• Monitoring third-party trademarks 

• Renewing trademarks 

• Trademark licenses, consent declarations for reference use, and other agreements

• Support in merger and acquisition activities 

Corporate Trademarks (for internal use only)