These Trademark Usage Guidelines (the “Guidelines”) set forth the rules for using or referring to EnChroma Trademarks (defined below). The Guidelines are for EnChroma, Inc.’s authorized distributors and authorized resellers, and other licensees wishing to use EnChroma Trademarks in promotional, advertising, instructional, or reference material, or on their websites, products, labels, hang-tags, or packaging. For the purposes of the Guidelines, “EnChroma Trademarks” shall mean all registered or unregistered trademarks (such as, but not limited to, words, names, symbols, devices, slogans, logos, or any combination of these) owned by EnChroma, including but not limited to the trademarks listed below in Section 7 of these Guidelines (the “EnChroma Trademark List”). If any terms or conditions of these Guidelines conflict, or are otherwise inconsistent, with any written trademark license agreement you have entered into with EnChroma (“Trademark License Agreement”), the terms of the Trademark License Agreement will control solely with respect to the subject matter therein. These Guidelines may be updated at any time by EnChroma in its sole discretion and shall be effective as of the date posted on www.enchroma.com.
EnChroma Trademarks are the valuable intellectual property assets of EnChroma, Inc. As such, EnChroma intends to take all appropriate measures to preserve the strength of, and retain its exclusive rights to use, the EnChroma Trademarks. By using any EnChroma Trademark, in whole or in part, you acknowledge that EnChroma is the sole owner of that EnChroma Trademark and you will not interfere with EnChroma’s rights in that EnChroma Trademark including, but not limited to, challenging EnChroma’s use, registration of, or application to register any such EnChroma Trademark, alone or in combination with other words, anywhere in the world, and that you will not harm, misuse, or bring into disrepute any EnChroma Trademark. You agree that the goodwill derived from using any part of a EnChroma Trademark exclusively inures to the benefit and belongs to EnChroma. Except for the limited right to use as expressly permitted under any applicable Trademark License Agreement you have entered into with EnChroma, no other rights of any kind are granted with respect to EnChroma Trademarks, by implication or otherwise. If you have any questions about the Guidelines, please direct them to EnChroma at [email protected], with the subject line: “EnChroma Trademark Usage Guidelines.”
1. Restrictions on Use of EnChroma Trademarks
1.1. Use of EnChroma Trademarks as Company, Product, Service, or Domain Name. You may not use or register in any jurisdiction, whether foreign or domestic, any EnChroma Trademark, or any alteration or portion thereof, as all or part of your company, product, or service name in a manner that is likely to create confusion as to EnChroma’s sponsorship, affiliation, or endorsement of your, or any third party’s, company, product, or service, or that may dilute the EnChroma Trademark. Similarly, you may not use or register in any jurisdiction, whether foreign or domestic, a domain name that incorporates any EnChroma Trademark, or any alteration or portion thereof, in bad faith or in a manner that is likely to create confusion as to EnChroma’s sponsorship, affiliation or endorsement of your company, product, or service.
1.2. Use of EnChroma Trademarks in False or Misleading Advertising. You may not advertise EnChroma, EnChroma’s products, or EnChroma Trademarks, in a false or misleading manner or in violation of any applicable federal, state, local or foreign law.
1.3. Use of EnChroma Trademarks in Obscene or Offensive Material. You may not use any EnChroma Trademark on or in connection with any defamatory, scandalous, pornographic, or other objectionable materials of any sort, as determined by EnChroma in its sole discretion.
1.4. Disparaging Use of EnChroma Trademarks. You may not use EnChroma Trademarks to disparage EnChroma or EnChroma’s products, or in a manner that, in EnChroma’s sole judgment, may diminish or otherwise damage the reputation of EnChroma or the goodwill in the EnChroma Trademarks.
1.5. Variations, Takeoffs, or Abbreviations. You may not use any variation of any EnChroma Trademark for any purpose. In addition, you may not use a variation, phonetic equivalent, foreign language equivalent, takeoff, or abbreviation of any EnChroma Trademark for any purpose. The EnChroma Trademark List provides the proper spelling and capitalization for each EnChroma Trademark.
1.6. Use of Slogans and Taglines. You may not use or imitate any EnChroma slogan or tagline without EnChroma’s prior written consent on a case-by-case basis.
2. Authorized Use of EnChroma Trademarks
2.1. EnChroma Trademarks Use. You may not use any EnChroma Trademark except pursuant to a Trademark License Agreement executed by you and EnChroma authorizing such use.
2.2. Relationship to EnChroma Products. If you are authorized to use any EnChroma Trademark in accordance with Section 2.1 above, then you may indicate the relationship of your products to EnChroma’s products by using an accurate referential phrase in connection with your product, for example, “[Your product name] incorporates [applicable EnChroma Trademark with appropriate trademark symbol] [EnChroma’s product name]”, provided further that: (a) the EnChroma Trademark appears less prominent than your product name, (b) the EnChroma Trademark is not a part of, or incorporated in, your product name, and (c) the referential phrase is accurate and complies with the requirements set forth in your Trademark License Agreement with EnChroma.
3. Proper Usage Of EnChroma Trademarks
3.1. Protection. Proper usage of EnChroma Trademarks is important for their continued protection. Proper usage aids consumers who depend upon EnChroma’s products and helps prevent EnChroma Trademarks from losing their distinctiveness and becoming generic.
3.2. Non-stylized Use. When an EnChroma Trademark is used in a non-stylized form, such as in the body text of an advertisement, it should be set apart and distinguished from the other words in the text. In order to do this, the EnChroma Trademark may be rendered in boldface type, italics, CAPITAL LETTERS, underscored, or “set in quotations marks”.
3.3. Use of Trademark as an Adjective. Trademarks are adjectives and should be followed by the generic term they modify, such as “product.” Never use any EnChroma Trademark as a noun, a verb, or in the plural or possessive form. For example:
i. Correct Usage: EnChroma® products [provide enhanced color perception for the color blind].
ii. Incorrect Usage: EnChromas® [provide enhanced color perception for the color blind].
3.4. Proper Trademark Symbol. An EnChroma Trademark should appear with the proper trademark symbol, as listed on the EnChroma Trademark List. In the text of advertisements, brochures, or any other written materials, the appropriate symbol (TM or ®) must be used with the first or most prominent appearance of the EnChroma Trademark in headlines and the first time the EnChroma Trademark appears in body text. The appropriate symbol also should be used on each subsequent page if the topic is different or if the pages can be separated and distributed independently. If the materials, product packaging, hang-tag, label, or web page includes a properly licensed EnChroma Trademark which already includes the appropriate trademark symbol, it is not necessary to include a trademark symbol after the word “EnChroma” in the text in that material, product packaging, hang-tag, label, or web page.
3.5. Proper Trademark Attribution Statement. All marketing collateral, advertisements, product packaging, labels, hang-tags, web pages, manuals, and studies that include EnChroma Trademarks must include the proper trademark attribution statement crediting ownership of the EnChroma Trademarks to EnChroma, Inc. Typically, the attribution statement is displayed at the end of the material, in the footer of the document, or on the back of the package, label or hang-tag. The correct trademark attribution statement is:
i. For Registered Trademarks: “EnChroma” and “Color for the color blind” [is/are] [a] registered trademark[s] of EnChroma, Inc. in the U.S. and other countries.
ii. For Unregistered trademarks: “See the difference” [is/are] [a] trademark[s] of EnChroma, Inc. in the U.S. and other countries.
4. EnChroma as a Trade Name. “EnChroma” functions not only as a trademark identifying goods offered by EnChroma, Inc., but also as a trade name or company name referring to EnChroma, Inc. Trade names are nouns and should not be followed by a generic descriptor and may be used in the possessive form. When used as a trade name, “EnChroma,” should not be followed by a trademark symbol. Within documents, the first reference to the trade or company name should be “EnChroma, Inc.” and “EnChroma” should be used for subsequent references.
5. EnChroma Trademark Logos
5.1. General. If you are authorized to use any EnChroma Trademark in accordance with Section 2.1 above specifically in logo format (each such EnChroma Trademark, an “EnChroma Trademark Logo”), your use must comply with the additional guidelines set forth in this Section 5.
5.2. Use Only the Approved Master Artwork. Each EnChroma Trademark Logo is a single, standalone piece of artwork. When reproducing any EnChroma Trademark Logo, use only the master artwork provided by EnChroma. Do not alter or distort the appearance of the EnChroma Trademark Logo in anyway, for example, by adding your own design elements or colors or changing the font. The EnChroma Trademark Logo must always be well produced, clearly visible, and legible.
5.3. Minimum Clear Space. You must provide a minimum clear space around the EnChroma Trademark Logo and you must not impede upon the clear space with any other graphic elements, words, charts, or other depictions.
5.4. Decorative Use. Use of any EnChroma Trademark Logo for purely decorative purposes in any marketing collateral, packaging, labels, hang-tags, or web site is prohibited without the prior written permission of EnChroma on a case-by-case basis.
6. Misuse of EnChroma Trademarks. In the event you discover: (a) any use of a EnChroma Trademark that violates any of the terms of these Guidelines, including any attribution rule, or (b) any logos, icons, or images that are confusingly similar to any of the EnChroma Trademarks, please immediately notify EnChroma by sending an e-mail to [email protected] with the subject line: “EnChroma Trademark Misuse”, and include a copy or description of the material in which the trademark violation appeared.
7. EnChroma Trademark List. The following EnChroma Trademarks are owned by EnChroma: “EnChroma”, and “Color for the Color Blind”.