GUIDELINES FOR PROPER TRADEMARK AND LOGO USE

Transcription

1 GUIDELINES FOR PROPER TRADEMARK AND LOGO USE Last Update: March 21, 2006 A. Preface. These Ocimum Biosolutions ( Ocimum ) Trademark and Logo Usage Requirements ("Usage Requirements") set forth Ocimum's rules for using or referring to Ocimum's brands, trademarks, product and service names, logos and slogans. These guidelines apply to all persons who use our marks. That includes people who refer to our products in articles, news reports, as well as licensees, customers, consultants, outside vendors, and other third parties. Ocimum reserves the right to modify these Usage Requirements as it deems necessary or appropriate, including by written agreement or license with third parties. B. Guidelines for Proper Trademark Use. 1. Use the trademark as an adjective followed by the appropriate noun which describes the product. Please follow every Ocimum trademark with an appropriate noun consisting of the Ocimum product or service that is branded with the mark. Ocimum trademarks are adjectives and may not be used as nouns, or alone as a shorthand way of identifying a product or service. The Ocimum trademark should be used as an adjective describing a product or service of Ocimum Biosolutions. Incorrect: Ocimum sells a OciChip TM Correct: Ocimum sells OciChip TM brand arrays. 2. Use the correct capitalization. Incorrect: ocichip brand arrays. Correct: OciChip TM brand arrays. 3. Never pluralize the trademark. The trademark is an adjective. Incorrect: Ocimum OciChips arrays are tailored to your specific needs. Correct: Ocimum OciChip TM brand arrays are tailored to your specific needs. 4. Never use the trademark in the possessive. Incorrect: The OciChip's possibilities are endless. Correct: Possibilities are endless with OciChip TM brand arrays. Page 1 of 5

2 5. Never hyphenate or abbreviate the trademark. Incorrect: Oci-chip arrays, OC arrays, Chip arrays. Correct: OciChip TM brand arrays. 6. Never use trademark as a verb. Incorrect: Add the sample and "OciChip" away. Correct: OciChip TM brand arrays will analyze the sample. 7. Do not combine the Ocimum marks with third party trademarks. Incorrect: Ocimum TM ExpressArt mrna Amplification Kits. Correct: Ocimum TM hybridisation services uses ExpressArt brand mrna Amplification Kits. 8. When Ocimum is used as the company name, no trademark is required.it is a noun and may be used in that manner. The "Ocimum " name is not only a trademark used to identify our products and services, it also serves as our company name. When using the "Ocimum" name as a reference to the company, "Ocimum" may be used as a noun and no TM symbol is needed. Incorrect: Ocimum TM announced the launch of... Correct: Ocimum announced the launch of The Ocimum trademark symbol is required when is used to describe our brand. Incorrect:Ocimum software Correct: Ocimum TM software 10. Any principal or secondary level domain name should not be identical to or virtually identical to any of the Ocimum marks. The web site owner may not register any domain name containing an Ocimum mark and may not claim any trademark or similar proprietary rights in the domain name. C. Ocimum Trademarks. This list of registered and non-registered trademarks is not an exhaustive list. The omission of a mark from this list should not be considered an indication that Ocimum does not use the mark, and does not constitute a waiver of any intellectual property rights the Ocimum may have in the mark Ocimum Biosolutions Ocimum Page 2 of 5

3 decoding The AmAzinG molecules of life... enabling R & D Biotracker Toxchek Pharmatracker irnachek Genchek Genowiz OptGene Nutrabase OciChip Catalog OciChip Custom OciChip Quality Comes First Project Methodology QCFPM D. Placement Guidelines. In general, a trademark symbol ( ) is required for all prominent uses of the mark except where space or style criteria prevent compliance with this requirement. Product Lists: Use in all instances. Page 3 of 5

4 Scientific and Technical Papers: The mark should be on the first use of the paper, even though the symbol may have already been used in the headline or other prominent use. Annual and Quarterly Reports: The mark should appear on the first or most prominent use of each trademark on each page and there should be a trademark legend. See below on how to use the trademark legend. E. Attributing Trademarks. To attribute ownership of a trademark: 1. You may insert the superscript trademark symbol immediately after the actual trademark. If is unavailable, you may use the appropriate parenthetical trademark designation: (TM). 2. You may insert a trademark legend. The legend is usually found at the end of the document (minimum 10 point font) following the copyright notice. F. Trademark Legends. Ocimum trademarks present in text should be attributed with an appropriate trademark legend. The legend should be in at least ten point size. Generally, it appears at the end of a document or on the back of a package, but it may be placed elsewhere if appropriate. Example of standard legend language is: OciChip is a trademark of Ocimum Biosolutions. G. Use of Ocimum Trademarks with Non-Ocimum Goods or Services. Only certain, approved uses of Ocimum trademarks may be made by Ocimum 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 Ocimum trademark or logo in association with a third party product or service. 1. No Use of Ocimum Marks in Non-Ocimum Company, Product, or Service Names. Unless a third party enters into a written agreement with Ocimum, third parties generally may not use any Ocimum trademark, as all or part of their company or product names. Page 4 of 5

5 2. Do Not Adopt Any Marks or Names that are Confusingly Similar to a Ocimum Trademark. Unauthorized use of Ocimum trademarks or of marks that are confusingly similar to Ocimum trademarks may constitute an infringement of Ocimum's trademark rights. H. Use of Ocimum Logos. 1. General Rule: Do Not Assume You are Permitted to Use Ocimum Logos. Except as specifically provided by license or other agreement with Ocimum, third parties may not use any Ocimum logo for any purpose. Even when accurately describing a relationship with Ocimum or support of Ocimum's technology, third parties should not use a Ocimum logo in the absence of an agreement. 2. No Re-Logoing, Co-Logoing, or Logo Removal. Resellers of Ocimum products may never alter or modify the Ocimum corporate logo or Ocimum trademarks that are affixed to or appear on the Ocimum products they resell. Similarly, re-logoing (replacing a Ocimum trademark with the reseller's logo or mark) and co-logoing (adding the reseller's logo or mark to the Ocimum product) are not permitted in the absence of a written agreement with Ocimum. I. Ocimum Trade Marks Philosophy. Ocimum produces high quality products that our customers demand. The Ocimum trademarks are a valuable intellectual property and Ocimum uses its best efforts to protect its trademarks. All trademarks or logos under whhich Ocimum markets or promotes its products and services are, and shall remain, the exclusive property of Ocimum. Ocimum reserves the exclusive right to modify its trademarks. J. Application of Trademarks Guidelines. Licensees may have specific trademark use guidelines in their licensing agreements. If this is the case, please follow those rules. If your agreement contains no specific rules please follow these guidelines. Please follow Ocimum trademarks as intended. If you have further questions on proper use of Ocimum trademarks please contact us at pr@ocimumbio.com Page 5 of 5