WiredMinds Trademark and Logo Usage Requirements
Version 1.0, April, 2005.
Preface
These WiredMinds' Trademark and Logo Usage Requirements ("Usage Requirements") set forth WiredMinds' rules for using or referring to WiredMinds' brands, trademarks, product and service names, logos and slogans. They apply to all WiredMinds organizations worldwide and to WiredMinds resellers, developers, customers, advertising agencies, consultants, professional writers and editors, licensees and other third parties making reference to WiredMinds trademarks. WiredMinds reserves the right to modify these Usage Requirements as it deems necessary or appropriate, including by written agreement or license with third parties.
Table of Contents
- Preface
I. Rules of Proper Trademark use
- A. Use WiredMinds Trademarks as Adjectives, Never as Nouns
B. No Possessives, Plurals, Verbs or Puns
C. Company Name Use
D. Proper Trademark Attribution: Symbols and Legends E. Use of WiredMinds Logos
- 1.General Rule: Do Not Assume You are Permitted to Use WiredMinds Logos.
2.WiredMinds Logos You Can Use.
3.No Re-Logoing, Co-Logoing, or Logo Removal.
G. Promptly Report Suspected Infringements.
- A. No Use of WiredMinds Marks in Non-WiredMinds Company, Product, or Service Names.
B. Do Not Adopt Any Marks or Names that are Confusingly Similar to a WiredMinds Trademark.
C. Proper Descriptions of Non-WiredMinds Products and Services
- 1. Accuracy.
2. Relationship to WiredMinds.
3. Compatibility or Conformance to Published Specification.
4. Prominence
5. Proper Use of Symbols and Legends.
6. Do Not Attempt to Claim Rights in WiredMinds Trademarks.
- 1. Purpose.
2. Application.
3. Make the Source Clear.
4. Spacing and Formatting.
5. Follow All of the Ordinary Trademark Rules.
6. Some Important Pitfalls to Avoid
I. Rules of Proper Trademark Use.
A. Use WiredMinds Trademarks as Adjectives, Never as Nouns.
Please follow every WiredMinds trademark with an appropriate noun consisting of the WiredMinds product or service that is branded with the mark. WiredMinds trademarks are adjectives and may not be used as nouns, or alone as a shorthand way of identifying a product or service. The WiredMinds trademark should be used as an adjective describing a product or service of WiredMinds.
The only exception to this Usage Requirement I.A. is when the "WiredMinds" name is used as our company name as opposed to an identifier of one of our products or services (see Usage Requirement I.C. below).
B. No Possessives, Plurals, Verbs or Puns.
WiredMinds works hard to build customer goodwill, and it uses its trademarks to harness that goodwill. Please use the marks as they are designed and intended. Since a trademark is not a noun, it must never be used in possessive or plural forms, and should never be used as a verb or a pun.
C. Company Name Use.
The "WiredMinds" name is not only a trademark used to identify our products and services, it also serves as our company name. When using the "WiredMinds" name as a reference to the company, "WiredMinds" may be used as a noun and no TM symbol is needed. For example, the sentence "WiredMinds announced a new version of its tracking product..." would be an appropriate use.
D. Proper Trademark Attribution: Symbols and Legends.
Trademark ownership is attributed in two ways, with the use of a trademark symbol (™ or ©) after the trademark, and with a trademark legend, usually found at the end of a document in legible text following the copyright notice. Remember, mere inclusion of a trademark symbol and legend does not entitle you to use a WiredMinds trademark! For information on how to properly use a WiredMinds trademark in association with a non-WiredMinds product or service, please see Section II of these Usage Requirements.
1. Trademark Symbols:
Assuming you are permitted to use a WiredMinds trademark, please make sure to attribute the mark with the proper symbol. Always use the © symbol with the WiredMinds logo. For all other WiredMinds trademarks, do not use the © symbol, but instead use the symbol for products, or the symbol for services. The symbol should be placed immediately after the trademark, either in superscript or in parenthetical form, such as , TM, , , tm, , , SM, , , sm, , etc. Trademark symbols should be used on WiredMinds trademarks as follows:
a. On products, product labels, and packaging, use an appropriate symbol in each prominent use of the trademark.
b. In every other context, use an appropriate symbol in both the first prominent use of the trademark (in headlines, banners, etc.) and in the first use in the text of body copy.
c. Always use the appropriate symbol incorporated into any of WiredMinds' logos.
2. Trademark Legends:
The trademark legend is the legal text that identifies WiredMinds' trademarks. The legend should be printed in legible type and in a location typically used for copyright and other legal notices. For example, the legend may be printed at the end of a document, on the back of a package, on the front cover of documentation, or on the bottom of a web page.
Unless you have an agreement with WiredMinds that indicates otherwise, use the standard WiredMinds legend in any material referencing more than one WiredMinds trademark. Parties other than WiredMinds may instead use the abbreviated WiredMinds legend. Please note that third party licensees will often be legally obligated by license to use a WiredMinds trademark legend that also indicates that the WiredMinds trademarks are used under license.
STANDARD WiredMinds LEGEND (for use by WiredMinds or third parties):
"WiredMinds, the WiredMinds Logo [insert all other WiredMinds trademarks, logos, product names, service names, program names, and slogans that are referred to or displayed in the document] are trademarks or registered trademarks of WiredMinds AG in Europe, the United States and other countries."
ABBREVIATED WiredMinds LEGEND (for use by third parties only):
"[Insert all WiredMinds trademarks that are referred to or displayed in the document] are trademarks or registered trademarks of WiredMinds in Europe, the U.S. or other countries."
E. Use of WiredMinds Logos.
1. General Rule: Do Not Assume You are Permitted to Use WiredMinds Logos.
Except as specifically provided by license or other agreement with WiredMinds, third parties may not use any WiredMinds logo for any purpose. Even when accurately describing a relationship with WiredMinds or support of WiredMinds' technology, third parties should not use a WiredMinds logo in the absence of an agreement. This includes the WiredMinds corporate logo, and other product and program logos.
2. WiredMinds Logos You Can Use.
WiredMinds does have several logo programs granting third parties permission to use a WiredMinds logo. For instance, WiredMinds maintains logo programs to indicate membership in programs, alliances with WiredMinds, etc. Third parties may not use these logos without a specific agreement to do so.
To find out more about WiredMinds' logo programs, please contact our partner sales department.
3. No Re-Logoing, Co-Logoing, or Logo Removal.
Resellers of WiredMinds products or services may never alter or modify the WiredMinds corporate logo or WiredMinds trademarks that are affixed to or appear on the WiredMinds products they resell. Similarly, re-logoing (replacing a WiredMinds trademark with the reseller's logo or mark) and co-logoing (adding the reseller's logo or mark to the WiredMinds product) are not permitted in the absence of a written agreement with WiredMinds.
F. Use of WiredMinds Trade Dress by Third Parties Prohibited.
Third parties generally are prohibited from using WiredMinds trade dress for their own products, including any of the distinctive ornamental features of WiredMinds products and packaging. Any such use must be approved by WiredMinds Legal.
G. Promptly Report Suspected Infringements.
Please report any infringement of WiredMinds trademarks or trade dress to trademarks@wiredminds.com. Please provide as much detail as possible regarding the identity of the possible infringer and well as the suspected infringing use. Privacy Notice»
II. Use of WiredMinds Trademarks with Non-WiredMinds Goods or Services
Only certain, approved uses of WiredMinds trademarks may be made by WiredMinds business allies, licensees, and other third parties. In addition to the other provisions set forth in these Usage Requirements, the following rules apply to any use of a WiredMinds trademark or logo in association with a third party product or service.
A. No Use of WiredMinds Marks in Non-WiredMinds Company, Product, or Service Names.
Unless a third party enters into a written agreement with WiredMinds, third parties generally may not use any WiredMinds trademark, as all or part of their company or product names.
B. Do Not Adopt Any Marks or Names that are Confusingly Similar to a WiredMinds Trademark.
Unauthorized use of WiredMinds trademarks or of marks that are confusingly similar to WiredMinds trademarks may constitute an infringement of WiredMinds' trademark rights.
C. Proper Descriptions of Non-WiredMinds Products and Services
While a third party is not permitted to incorporate a WiredMinds trademark into the name of its product or service, it can truthfully and fairly describe its products by referencing their relationship to WiredMinds' products and services. For example, to indicate that a third-party product is intended for use with WiredMinds technology, a third party may use a descriptive phrase (sometimes called a "tagline") that truthfully states this fact.
A descriptive phrase using a WiredMinds trademark must meet the following additional requirements:
1. Accuracy. The descriptive phrase must be accurate and not misleading.
2. Relationship to WiredMinds. WiredMinds trademarks may not be used in a manner that will cause potential confusion about the relationship between WiredMinds and the third party product or service, for example, implying sponsorship or endorsement by WiredMinds that does not in fact exist.
3. Compatibility or Conformance to Published Specification. WiredMinds trademarks may not be used in a manner that improperly or inaccurately implies compatibility or conformance to any WiredMinds specification or platform. However, if a third party product fully conforms to WiredMinds' published specifications for one of our technologies (for example, WiredMinds pixel-tracking technology), the third party may use an appropriate descriptive phrase to reference or identify that fact.
4. Prominence. When using a descriptive phrase such as "for use with WiredMinds Enterprise Edition" to indicate that the product is for use with WiredMinds systems, the third party's own product and company names must be displayed much more prominently than any WiredMinds trademark referenced so that the source of the third party product is clear.
5. Proper Use of Symbols and Legends. Descriptive phrases should properly attribute the trademark with an appropriate symbol and legend as described in Usage Requirement I.D.
6. Do Not Attempt to Claim Rights in WiredMinds Trademarks. Third parties may not state or suggest that they have, or are claiming rights, in any WiredMinds trademark.
D. Special Guidelines for Descriptive Use of WiredMinds Trademarks in the Titles of Books, Magazines, Articles, e-zines, Educational Seminars, User Groups, Trade Shows, Conferences, and Expos.
Ordinarily, our Usage Requirements do not permit third parties to use WiredMinds trademarks in the name of a third party product or service. However, third parties may do so in the limited descriptive fashion described below.
1. Purpose. As a technological innovator, WiredMinds hopes and expects that the community of developers, businesses, and other innovators will seek out and share information about WiredMinds technologies. WiredMinds' trademarks will often be a natural part of these discussions. To facilitate this discussion, WiredMinds has set forth these guidelines for the use of WiredMinds' trademarks in the titles of:
- Books, Magazines, e-zines, and other publications;
- Educational seminars;
- User groups;
- Trade Shows, Conferences, and Expos;
2. Application. These guidelines apply only to word marks, they do not apply to logos.
3. Make the Source Clear. When third parties use WiredMinds trademarks, they must do so in a manner that does not create potential confusion over the source of any products or services. Customers must not be given the impression that WiredMinds is the source of a third party publication, educational seminar, user group, trade show, conference, or expo.
a. WiredMinds Trademarks Must Refer to WiredMinds Products or Services. When used in the title of a seminar, for example, the use of a WiredMinds trademark must be to describe the WiredMinds product or service, not the seminar.
b. Third Party Name Must be More Prominent Than WiredMinds Trademark.
The company name and logo of the third party should appear in a prominent location on all materials relating to the publication, educational seminar, trade show, conference or expo.
c. Use of Legend.
If a WiredMinds trademark is used in the title of a publication, educational seminar, user group, trade show, conference, or expo, a trademark attribution legend should be used in the following form in the legal notices and publication block (if a magazine) and on all related materials referencing the WiredMinds trademark:
"[Insert the WiredMinds trademark, e.g. 'WiredMinds, MindSuite and HotTracker'] are trademarks or registered trademarks of WiredMinds AG in Europe, the United States and other countries. [Insert publisher, producer or provider name] is independent of WiredMinds AG."
4. Spacing and Formatting.
The following spacing and formatting rules apply to the use of a WiredMinds trademark in the title of a publication, educational seminar, user group, trade show, conference, or expo.
a. Publications and User Groups. A space must separate the WiredMinds mark from the rest of the title.
b. Trade Shows, Seminars, Conferences, and Expos. Unless WiredMinds is sponsoring your show or conference and you have entered into a written sponsorship agreement with WiredMinds that provides to the contrary, the name of any trade show, seminar, conference or exposition concerning a WiredMinds product, service or technology should begin with the producer's or sponsor's brand or name.
5. Follow All of the Ordinary Trademark Rules.
Except as outlined in this Usage Requirement II.D., these Usage Requirements apply to all third-party publications, educational seminars, trade shows, conferences or expos.
6. Some Important Pitfalls to Avoid:
a. Do not use any of WiredMinds' logos.
b. Do not do anything that might be understood to suggest association with or sponsorship by WiredMinds. (See Usage Requirement II).
c. Do not attempt to claim or establish trademark rights in the title. Since the above descriptive uses of WiredMinds trademarks are intended merely as a reference to WiredMinds' products and technologies (and not as a trademark use or form of branding your own products and services with WiredMinds' marks), you may not attempt to claim or establish trademark rights in the WiredMinds trademark portions of the name or title of your publication, seminar, user group, conference, trade show, or exposition. Do not register or use the entire name or title as a trademark, service mark, trade name or DBA (doing business as) name.
E. Permitted Descriptive Use of the WiredMinds Trademarks on Web Sites and Domain Names.
Third parties are permitted to use WiredMinds trademarks on web sites or in domain names as long as:
1. The content of the website meets all of these Usage Requirements;
2. The use of the domain name is not misleading or likely to cause confusion; and
3. The use meets the following additional standards:
a. The principal or secondary level domain name of the third party should not be identical or virtually identical to any WiredMinds trademark, since this is likely to cause customer confusion or imply that the web site is affiliated with or sponsored by WiredMinds.
b. The web site owner should not use a WiredMinds trademark in his or her company name, product names, or service names. Thus, if the domain contains a WiredMinds trademark, that domain should not also be a company or product name.
c. The web site owner should not register the domain name as a trademark or service mark and should not claim any trademark or similar proprietary rights in the domain name.
d. The web site should display a legal notice (a link is okay) that contains the following legend:
"[Insert WiredMinds trademark] is a trademark or registered trademark of WiredMinds AG in Europe, the United States and other countries. [Insert website owner name] is independent of WiredMinds AG."
e. The web site must otherwise comply with domain name registry policies and current laws regarding trademark infringement and dilution.
III. How to reach WiredMinds' Marketing & Brands Legal Department
Marketing & Brands Legal Department
WiredMinds AG
Immenhofer Strasse 21
70180 Stuttgart - Germany
Fax: +49 (711) 585 331-0
© Copyright 2003-2007 WiredMinds AG. All rights reserved.