Basic Guidelines for Trademark Usage
When using Somero’s trademarks they should always be used as adjectives and never as nouns. Each Somero trademark should be followed by the appropriate noun designating the goods or services being provided under the mark, e.g. “LASER SCREED® concrete screed machines” or “Mini Screed™ concrete leveling machine,” not “authorized distributor of LASER SCREEDs®.” When used properly, a mark is a brand name for the goods/services it identifies. Since trademarks are not nouns, they should never be used in a plural or possessive form. If a mark becomes known as the common name for the goods/services, it is at risk of becoming generic and protection will be lost.
Trademarks should also never be used as verbs. Every time a trademark is used it should be capitalized (ideally) and followed by the appropriate trademark symbol (TM, SM, or ®). Packaging, documents, brochures, web pages, etc., bearing the mark may also include a legend or footnote indicating a claim of rights in the mark. By following these guidelines, you help Somero protect the valuable intellectual property rights it has acquired and strengthen Somero’s corporate and brand identities.
In advertising, web pages, and other promotional materials, marks should stand out from the surrounding text. Never use the mark in all lower case letters. At a minimum, the first letter of the mark should be capitalized. Ideally, the mark should be distinguished even further by using a font with a different size, typeface, color, e.g. “Mini Screed™ concrete leveling machine.” Do not shorten or abbreviate Somero product names and do not make up names that contain Somero trademarks.
Somero Enterprises, Inc.Trademark Usage Policy and Guidelines
Somero Enterprises, Inc.’s trademarks, service marks, trade names, and logos are the intellectual property of Somero Enterprises, Inc. (hereinafter “Somero”) and are extremely important and valuable business assets of Somero. Third parties may not use, reproduce, copy or redistribute any of Somero’s trademarks, service marks, trade names, or logos without the express written permission of Somero. Any use of the marks owned by Somero without the express written permission of Somero for commercial purposes may constitute trademark infringement and unfair competition in violation of state and federal laws.
Any permitted use or reference to Somero’s trademarks, service marks, trade names, or logos must include proper attribution to Somero. Proper attribution for trademarks and service marks shall include use of a trademark symbol and a trademark legend stating that the marks used are trademarks or registered trademarks of Somero Enterprises, Inc. The proper trademark symbol should be used for each mark to designate whether the mark is registered or unregistered. For unregistered marks, the trademark symbol (™) or service mark symbol (SM) should be used, and the registration symbol (®) should be used for federally registered marks.
This policy does not expressly or implicitly convey any right or license to any third party to use any of Somero’s trademarks, service marks, trade names or logos. Somero reserves the right, at its sole discretion, to change, modify, or otherwise alter this Policy, at any time and without prior notice.
Use Guidelines
If you have obtained express written permission from Somero to use Somero’s trademarks, service marks, trade names, or logos, you must follow these guidelines. When using Somero’s trademarks they should always be used as adjectives and never as nouns. Each Somero trademark should be followed by the appropriate noun designating the goods or services being provided under the mark, e.g. “LASER SCREED® concrete screed machines” or “Mini Screed™ concrete leveling machines,” not “authorized dealer of LASER SCREEDs®.” When used properly, a mark is a brand name for the goods/services it identifies. Since trademarks are not nouns, they should never be used in a plural or possessive form. If a mark becomes known as the common name for the goods/services, it is at risk of becoming generic and protection will be lost.
Trademarks should also never be used as verbs. Every time a trademark is used it should be capitalized and followed by the appropriate trademark symbol (TM, SM, or ®). Packaging, documents, brochures, web pages, etc., bearing the mark may also include a legend or footnote indicating a claim of rights in the mark. By following these guidelines, you help Somero protect the valuable intellectual property rights it has acquired and strengthen Somero’s corporate and brand identities.
Examples of Proper Notice/Legends:
LASER SCREED®
LASER SCREED® is a registered trademark of Somero Enterprises, Inc.
Mini Screed™
Mini Screed™ is a trademark of Somero Enterprises, Inc.
In advertising, web pages, and other promotional materials, marks should stand out from the surrounding text. Never use the mark in all lower case letters. At a minimum, the first letter of the mark should be capitalized. Ideally, the mark should be distinguished even further by using a font with a different size, typeface, color, e.g. “Mini Screed™ concrete leveling machine.” Do not shorten or abbreviate Somero product names and do not make up names that contain Somero trademarks.
In the event you are permitted to use Somero’s trademarks, service marks, trade names, or logos, in whole or in part, you acknowledge that Somero is the sole owner of the intellectual property and agree not to interfere with Somero’s rights in its trademarks, service marks, trade names, or logos. You agree that any goodwill arising from your use of the Somero trademarks, service marks, trade names, or logos will inure to the benefit of Somero. To the extent you have been licensed to use Somero’s trademarks, service marks, trade names, or logos, you agree that upon notice from Somero of termination of your license for any reason you will remove all Somero trademarks, service marks, trade names, and logos from any and all materials you are using the marks on.
Use in Domain Names
Third parties are not permitted to use Somero’s trademarks, services marks, or trade names in their domain names. Third parties are not permitted to use or reference Somero’s trademarks, service marks, or trade names as or in meta-tags, including titles, descriptions, and keywords in any website.
Use with Non-Somero Goods or Services
Third parties are not permitted to incorporate any Somero trademarks into the third parties’ name or the name of its goods or services. However, a third party can truthfully describe its goods and services by referencing their relationship to the goods/services provided by Somero.
To truthfully use another’s trademark or service mark the descriptive statement must meet several requirements. The descriptive statement must be accurate and not be misleading. Any statement using a Somero trademark must not cause potential confusion about the relationship or lack thereof between Somero and third parties’ goods or services. The statement cannot suggest or imply sponsorship, endorsement or affiliation when none exists. Any Somero trademark that is used should be capitalized and followed by the appropriate trademark symbol (TM, SM, or ®) and a trademark legend stating the mark is a trademark or registered trademark of Somero Enterprises, Inc.
If you have questions about this Policy or Somero’s trademarks, service marks, trade names, and logos, please contact Jennifer Oliver. Contact Jennifer at (239) 210-6529