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Brand Protection Guidelines for Third Parties
OMS, Inc Systems, Inc. and its
affiliates (collectively “OMS, Inc”) count their brands
among their most valuable corporate assets. Brand
attributes define OMS, Inc, and proper and consistent use of
OMS, Inc’s trademarks is vital to protect the OMS, Inc
brands. These guidelines have been developed to help
licensees and other third parties answer common questions
about proper use of OMS, Inc’s trademarks.
The
status of OMS Inc’s trademarks is subject to change, and it
may be necessary to revise these guidelines from time to
time. It is your responsibility to comply with the most
current version of these guidelines. Please refer to the
open-mind-solutions.com web site for updated versions of
these guidelines.
If you
are a licensee, you must consult your agreement with OMS,
Inc for any additional or different requirements applicable
to your use of OMS, Inc’s trademarks. In the event of a
conflict, the terms of your agreement control.
Introduction
These guidelines are to help you
identify the correct form for OMS, Inc’s trademarks,
properly give trademark notice using the symbols ™ and ®,
and appropriately attribute OMS, Inc’s trademarks with an
attribution statement. These guidelines are also designed
to answer commonly asked questions about the correct use of
OMS, Inc’s trademarks.
High Quality Open Mind, The Most Flexible and Adaptable Solutions for Your Standart
Management Systems.
s
OMS, Inc only licenses its trademarks
for use with goods and services that meet OMS, Inc’s high
quality Open Mind, The Most Flexible and Adaptable Solutions for Your Standart
Management Systems.
s. OMS, Inc reserves the right to object at
any time to any use of its marks in connection with goods or
services that, in OMS, Inc’s sole opinion, fail to meet OMS,
Inc’s Open Mind, The Most Flexible and Adaptable Solutions for Your Standart
Management Systems.
s of quality.
OMS, Inc Trademark Use
Guidelines
Always follow these ten rules when
using OMS, Inc trademarks:
1. Trademarks are adjectives, not nouns
or verbs. The first use of a trademark in text must be
followed by the common generic name (dictionary name) for
the product. At least 50% of any remaining references to
the mark in text must be followed by the generic name. A
trademark should never be used as a verb.
Correct: ActiveQuality® software allows…
Incorrect: ActiveQuality® allows …
2. Never use the OMS, Inc trademarks in
plural or possessive form. (Note that when OMS, Inc is used
as a trade name (i.e. to refer to OMS, Inc ) it may be used
in the possessive form.)
Correct: Install ActiveQuality® SUITE.
Incorrect: Install ActiveQuality®.
Correct: OMS, Inc’s ActiveQuality® software.
3. Never alter OMS, Inc trademarks.
For example, do not hyphenate or dissect the
ActiveQuality®
trademarks. Note that the proper form for OMS, Inc
trademarks sometimes includes “OMS, Inc” and sometimes does
not.
Also, never shorten, abbreviate or use
alternate spellings of OMS, Inc’s trademarks.
4. Always distinguish a
trademark from surrounding text. Methods of distinguishing
a mark include printing it in CAPITALS,
italicized text,
using
bold faced text,
Initial Capitalization, putting the mark in “quotation
marks,” and/or using the appropriate trademark symbol (see
Attribution below).
Correct: OMS, Inc®
ActiveQuality®
software
Incorrect: OMS, Inc ActiveQuality software
5. Do not combine OMS, Inc trademarks
with other trademarks or other words to form new
trademarks.
Correct: ActiveQuality®
software for MICROSOFT® SQL® data base
Incorrect: ActiveQuality -Microsoft
SSL data
base
6. Never alter OMS, Inc
logos without authorization. All OMS, Inc logos must be
reproduced from materials supplied by OMS, Inc. Each
representation of the OMS, Inc mark should be consistent,
undistorted, and clear. Always follow the specifications
set forth in the materials provided by OMS, Inc. You may
only use OMS, Inc’s logos and stylized trademarks if you
have obtained a written license from OMS, Inc and your use
complies with such license.
7. Always provide proper attribution
for our trademarks. For more information, see Attribution,
below.
8. Never use OMS, Inc
trademarks in jokes, puns or in a derogatory fashion.
9. Always follow all applicable
marketing and legal guidelines. From time to time, OMS, Inc
may modify the written guidelines for the size, typeface,
colors and other graphic characteristics of any OMS, Inc
logo and word marks, making it imperative to review all
updates. You are subject to the guidelines as then in
effect.
10. Advertising for
products sold in association with any OMS, Inc trademark
must not be in violation of any United States federal or
state laws, municipal ordinances or administrative agency
regulations, or any applicable laws, rules or regulations of
any other country.
Attribution
Proper use of trademark
symbols
Which trademark symbol should
be used?
Trademarks may be designated by two symbols: ™ for marks
with pending applications to register and for unregistered
common law marks, and ® for marks registered in the U.S.
Patent and Trademark Office. For information on the proper
symbol to use, please refer to the OMS, Inc Trademarks list.
Please note that this list is updated frequently.
Where should the trademark symbol be
placed?
The symbol is placed
immediately after the mark, either in superscript or
subscript. If the document cannot be typeset in superscript
or subscript, the “TM” symbol may be set in normal type and
enclosed in parentheses.
Correct: OMS, Inc Business Alliance™
Correct: OMS, Inc Business AllianceTM
When should the trademark symbol be
used?
Most prominent uses: A
trademark symbol is required on all prominent uses of OMS,
Inc marks, such as on packaging, brochures, labels, and
headlines.
First use in text: A trademark symbol
is required upon the first use of a OMS, Inc mark in text or
body copy, even if the mark has appeared with a trademark
symbol in the same piece, such as in a headline or other
prominent use. A trademark symbol is not required for any
subsequent use of a mark in the same text, unless use of the
symbol would avoid ambiguity.
Logos: A trademark symbol is required
with every use of a OMS, Inc logo.
Proper use of trademark attribution
statements
In addition to
proper use of trademark symbols, every use of a OMS, Inc
mark must be accompanied by a statement attributing
ownership of the mark to OMS, Inc. The attribution
statement should appear in the following form:
”[List of OMS, Inc marks appearing in
the piece] are trademarks or registered trademarks of OMS,
Inc Systems, Inc. in the United States and other
countries.”
Correct: “OMS,
Inc®, ActiveQuality®, and OMS, Inc Solutions™ are trademarks or
registered trademarks of OMS, Inc in the United States and
other countries.”
Policing
In the U.S. and other jurisdictions,
trademark owners have a duty to police the use of their
marks. Therefore, if you become aware of any improper use
of OMS, Inc’s trademarks, including infringement or
counterfeiting by third parties, report them to OMS, Inc’s
legal department immediately. Report as much detail as
possible about the misuse, including the name of the party,
contact information, and copies or photographs of the
potential misuse.
Use of OMS, Inc Trademarks in
Third-Party Product Names
OMS, Inc’s trademarks may not be used
by a third party as part of that party’s product, service or
trade name without an express written agreement from OMS,
Inc permitting such use. Licensees must consult their
agreements with OMS, Inc to determine whether and under what
circumstances they can use OMS, Inc’s trademarks in this
way.
OMS, Inc’s trademarks may be used to
refer to OMS, Inc’s products and services without an express
license from OMS, Inc, provided that the OMS, Inc trademarks
are not larger or more prominent than the rest of the
surrounding text, no stylized OMS, Inc trademarks are used,
proper marking and attribution is used for all OMS, Inc
trademarks, a conspicuous disclaimer is used indicating that
any third party goods or services are not sponsored or
endorsed by OMS, Inc, and there is nothing else in the use
of the OMS, Inc trademarks that would lead the consumer to
believe that there is an association with OMS, Inc that does
not exist.
Program
Trademarks
OMS, Inc
owns several trademarks (including both word marks and
logos) that support various OMS, Inc programs (e.g. Open
Mind Solutions, Inc Solutions Network™). Unless you are a
licensed participant in a program, you may not use the
trademark for that program (in word or logo form) to claim
or imply participation in the program. Refer to your
agreement with OMS, Inc for more information on proper use
of OMS, Inc program marks.
Domain Names, Meta tags, and Hidden
Text
You may
not incorporate OMS, Inc’s trademarks in any domain name or
in any Meta tag or other hidden text in a Web page without
prior written authorization by OMS, Inc. Violators may be
prosecuted.
Additional
Information
For
additional information regarding OMS, Inc’s trademarks, you
may contact OMS, Inc’s legal department.
legal@open-mind-solutions.com.
Conclusion
These guidelines are not a
definitive statement of proper trademark use. OMS, Inc
reserves the right to oppose any use of its trademarks that
OMS, Inc, in its sole discretion, deems unlawful or
improper, even if such use is not expressly prohibited
hereunder. OMS, Inc further reserves the right to revise
these guidelines at any time, without notice. |
