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Section 1.
1.1 Introduction
This Envelopments Trademark and Logo Usage Standards (hereinafter "Standards") set forth the authorized methods of using or referring to Envelopments´ trademarks, product and service names, logos and slogans. These Standards explain what trademarks are, reasons for protecting trademarks, and guidelines for using Envelopments´ trademarks properly (trademarks owned by Envelopments are collectively referred to as "Envelopments´ trademarks" or "Envelopments´ marks").
Envelopments’ trademarks and logos embody Envelopments’ mission to best serve and enable the design and innovation of custom communiqués and world-class paper presentations. Envelopments’ corporate identity is closely tied to its trademarks and logos. Therefore, Envelopments strives both to promote these valuable corporate assets and also to protect them from infringement.
These Standards apply to Envelopments, Inc., its subsidiaries, dealers, licensees and affiliates as well as to Envelopments’ employees, developers, customers, dealers, designers, resellers, advertising agencies, public relations agencies, consultants, professional writers and editors, licensees and to other third parties making reference to Envelopments’ trademarks.
1.2 Trademark Defined
A trademark is a word, name, symbol, phrase or combination thereof, which is used commercially by a person or company to identify and distinguish a product or service from that of other persons or companies, and to indicate its source. A service mark is functionally identical to a trademark and merely refers to a trademark designation that is applied specifically to services rather than to physical goods.
1.3 Envelopments´ Trademark Rights
As the owner of its trademarks, Envelopments has the exclusive right to use its trademarks, as well as the right to stop others from using its trademarks, or designations that are confusingly similar to Envelopments’ trademarks, improperly or without authorization.
- Identification of Envelopments´ products or services is the sole permissible use of Envelopments trademarks and logos.
- No Envelopments trademark or logo may be incorporated into or used as part of a third party´s own logo, company name, product logo, email address, domain name or otherwise.
- Envelopments´ trademarks and logos may not be used in any way that is likely to be confusing, misleading or deceptive as to the true identity or source of products, services, materials, courses or programs.
- A mark that is misleadingly or confusingly similar in design or appearance to any Envelopments mark infringes on Envelopments´ trademark rights and may not be used.
- Using an Envelopments trademark in any manner which is likely to disparage, dilute or negatively affect Envelopments´ reputation is also prohibited.
- An Envelopments trademark or logo may not be used in a way that is likely to imply that the user, its products, or its services are endorsed by, sponsored or affiliated with Envelopments without written permission from Envelopments.
The above list of impermissible uses of Envelopments trademarks and logos is not exhaustive. Envelopments will pursue its legal rights against those who engage in any of the aforementioned activities or any other activities which infringe on Envelopments trademark rights.
1.4 Disclaimer
These Trademark and Logo Usage Standards are not intended to serve as legal advice. If you have questions regarding your legal rights or duties, please consult your trademark counsel.
Envelopments reserves the right to change Trademark and Logo Usage Standards without notice at any time.
Section 2.
Proper Use of Trademarks and Symbols
If used properly, a trademark can be legally protected for an unlimited time period. If improperly used, however, a trademark can become a generic term and carry no protection. Aspirin, escalator and cellophane were all once trademarks that became generic terms through improper use. Because the Envelopments trademarks are an important part of Envelopments´ corporate identity, Envelopments vigorously defends the protected status of its trademarks. These guidelines, if followed, will aid in avoiding improper use of Envelopments´ trademarks.
References to and descriptions of Envelopments´ products and services must be consistent, fair, truthful, and not deceptive or misleading, must be accompanied by their associated Envelopments trademarks and service marks, and must conform to the guidelines below.
- Use trademarks only as adjectives.
Because trademarks are adjectives rather than nouns or verbs, a trademark should not be used alone as a noun would. Use a trademark as an adjective immediately preceding the noun that describes the product.
| Proper Usage: | PORTABLE POCKETS® enclosures can be used to hold cards, invitations and many other types of items. |
| Improper Usage: | PORTABLE POCKETS enclosures can be used to hold cards, invitations and many other types of items. |
- Where a reference is to Envelopments the company, the Envelopments name may be used as a proper noun
An exception to the "use as an adjective only" rule exists where the reference to Envelopments is a reference to the company and not a trademark. The Envelopments name may, in that instance, be used as a trade name; no trademark symbol is needed when referring to the company.
| Proper Usage: | Today Envelopments announced that it would be hiring 30 new salespeople. |
Envelopments Trademarks
| Adjective | Noun |
| Envelofolds™ | enclosures |
| Portable Pockets® | enclosures |
| Pocket Folds® | enclosures |
- Trademarks may not be used in the plural or the possessive.
Trademarks must not be used in the possessive.
| Proper Usage: | POCKET FOLDS® enclosures feature a single design panel and a panel to hold inserts. |
| Improper Usage: | POCKET FOLDS´ interior features a single design panel... |
Because trademarks are not nouns, they must never be used in the plural unless the trademark itself is plural or possessive.
| Proper Usage: | ENVELOFOLDS™ enclosures combine practicality with great design. |
| Improper Usage: | ENVELOFOLDS can be combined creatively into one large ENVELOFOLD. |
- Envelopments trademarks should not be shortened, abbreviated or made into acronyms.
| Proper Usage: | POCKET FOLDS® enclosures provide stationery and envelope in one |
| Improper Usage: | P-FOLDS® enclosures |
Section 3.
Proper Trademark Attribution
- Include a trademark notice when referring to a trademark and use either all capital letters or initial capital letters when referring to a trademark.
Place an appropriate trademark notice symbol (® or ™) adjacent to the first and most prominent reference to the trademark. Do not add a space between the trademark and the symbol. The symbol should be in superscript or subscript. In the absence of those symbols, a parenthetical notation such as (tm) is acceptable.
| Proper Usage: | Portable Pockets® |
| Proper Usage: | PORTABLE POCKETS® |
| Improper Usage: | portable pockets |
| Improper Usage: | portable pockets® |
Even though the trademark symbol may have already been used in a prominent way, such as in a headline, the symbol must be used upon the first mention of the trademark in any subsequent text. It is not necessary to use the ® or ™ with each and every use of a trademark that may follow in text, but it is important to do so for the most prominent and first such uses. It is critical that trademarks are not used at any time without the first letter being in upper case.
- Be certain to use the appropriate trademark symbol.
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When referring to Envelopments trademarks, use the "™" or "®" symbol in accordance with the status of the particular Envelopments product or service. Refer to the table entitled "Envelopments Trademarks" to determine which is the suitable symbol for the particular trademark to which reference is made. The "®" symbol must only be used with trademarks that are Federally registered. The "™" symbol may be used for any trademarks that are the subject of pending trademark applications or even for trademarks that are not yet the subject of trademark applications, but are designations in which Envelopments hopes to claim exclusive rights.
Envelopments Trademarks
| Adjective | Noun |
| Envelofolds™ | enclosures |
| Portable Pockets® | enclosures |
| Pocket Folds® | enclosures |
Referring to an Envelopments trademark with the appropriate trademark symbol is important, as the failure to use the registration symbol,"®", with a registered mark may impair Envelopments’ ability to recover damages in a trademark infringement suit. Conversely, the use of a "®" symbol for a trademark that is not the subject of a Federal trademark registration may subject Envelopments to monetary fines and/or claims of false trademark marking in the context of litigation.
- Use the trademark legend.
In addition to pairing a trademark with the appropriate symbol, third parties must attribute all Envelopments trademarks in an appropriate trademark legend. The legend may be printed in small print. However, it must be large enough to be legible. Permissible locations to place the legend include but are not limited to, the end of a document, on the back of a package or on the bottom of a web page.
Use the following standard trademark legend in all material referencing any Envelopments trademark:
"Envelopments [insert all other trademarks, product names, service names, program names, etc., that are referred to or displayed in the document] are trademarks or registered trademarks of Envelopments in the United States and other countries."
By the same token, when Envelopments uses the trademarks of third parties along with trademarks of its own in any materials, it should indicate any trademarks that are owned by others in a fashion such as:
"Envelopments [insert all other trademarks, product names, service names, program names, etc., that are referred to or displayed in the document] are trademarks or registered trademarks of Envelopments or its subsidiaries in the United States and other countries. All other trademarks used herein are the property of their respective owners [or alternatively: "Excel and Powerpoint are trademarks of Microsoft Corporation."]."
Section 4.
Third Party Use of Envelopments Trademarks
Dealer/Designers, business affiliates and alliance members of Envelopments, licensees, and other third parties are limited to specific, approved uses of Envelopments trademarks. Third parties must use Envelopments trademarks within the parameters outlined below. Unauthorized or improper use of Envelopments trademarks may infringe on Envelopments´ trademark rights.
- Envelopments trademarks may not be used in third party company or product names without a written trademark license agreement.
- Prior to publication or release, an Envelopments Marketing Officer must grant written approval of all advertising and/or marketing collateral or other materials that use Envelopments trademarks or logos.
- Except as provided within these Standards, Envelopments´ resellers, designers, dealers or third party affiliates may not use any of Envelopments´ trademarks as part of their own logo or company name or in third party advertising, product packaging, Web site or other promotional materials other than as previously agreed upon with Envelopments in the Web and Marketing Standards Agreement.
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As such, without the prior written consent of Envelopments, neither domain names nor metatags contained in third party Web sites are permitted to use or include Envelopments´ trademarks.
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Additionally, third parties may not hyperlink or deeplink to Envelopments´ Web pages unless the third party provides clear and unmistakable notice that the end user is exiting that Web site and entering the Envelopments Web site. The sole circumstance under which deeplinking is permissible is when a need for information on Envelopments products, programs, services or technologies exists on the third party Web site.
- Proper references to Envelopments´ products by third parties are permissible
In order to refer to Envelopments´ products and services third parties may use Envelopments trademarks but only if used properly: use the trademarks as adjectives and accompany the trademarks with the appropriate trademark symbol and legend. For further guidance, please refer to Section 2 of these Standards entitled "Proper Use of Trademarks and Symbols."
Section 5.
Third Party Use of Envelopments Logos
Although there are exceptions, most Envelopments logos may be used only when licensed from Envelopments or its subsidiaries. If a company or individual has a valid written license agreement in effect with Envelopments, that company or individual must use the logo in accordance with the specifications described in the license agreement. Those guidelines are license-specific, and will not be addressed in these general Standards. In the event that the terms of an individual license and these Standards conflict, the terms of the individual license should be followed.
Section 6.
Suspected Infringement of Envelopments Trademarks or Logos
In order to preserve its valuable trademark rights, it is critical that Envelopments take action against third parties who use trademarks that are confusingly similar to Envelopments trademarks. Note that it is not merely the similarity of the trademarks, but also such factors such as similarity of the goods, customers, channels of trade, etc. that will factor into whether such third party uses are infringing. Nevertheless, it is best to err on the side of caution and thus, it is important that all suspected infringement of Envelopments trademarks or logos discovered by Envelopments employees, resellers, distributors or other related parties be reported to Envelopments immediately.
| Envelopments, Inc., 1209 Wakeham Ave., Santa Ana, CA 92705 United States |
| Email: legal@envelopments.com TEL: +1(800)335-3536 |
Section 7.
Marketing Disclaimer
No information contained in this Envelopments Trademark and Logo Usage Standards is intended to serve as legal advice. If you have questions regarding your legal rights or duties, please consult a trademark attorney.
Envelopments reserves the right to change these Standards at any time, without notice.
In the event that Envelopments does change these Standards, any person or entity using any Envelopments trademark for advertising or marketing must update materials on which the mark is used within thirty (30) days of Envelopments’ release of an update, and resubmit such materials to Envelopments for written approval.
Section 8.
General Copyright Information and Usage Standards
Section 8.1 Introduction
This general copyright information and usage Standards set forth for Envelopments´ general authorized copyright protection information. These Standards explain methods for obtaining copyright protection, what copyright protection affords creators, what works may be protected, reasons for protecting works, and how copyrights may be used.
Copyright protection allows creators of original creative works the exclusive right to use their work to prohibit others to unfairly profit as a result of the creator’s efforts. Similar to trademarks, copyrights are valuable assets that need to be protected from infringement. Unlike trademarks, copyrights have a finite duration.
Envelopments reserves the right to change these Standards at any time, without notice. In the event that Envelopments does change these Standards, any person or entity using any Envelopments copyrighted material for advertising or marketing must update materials on which the mark is used within thirty (30) days of Envelopments’ release of an update, and resubmit such materials to Envelopments for written approval.
Section 8.2 Copyright Defined
Copyright is a form of protection provided by the United States Copyright Act which grants the creator of original works that are in a tangible form of expression, including literary, dramatic, musical, and other intellectual works, the exclusive right to publish, sell, reproduce, and authorize others to use the work.
Section 8.3 Copyright Protection
Federal copyright protection protects “original works of authorship” by providing the author the exclusive right to publish, sell, copy, create derivative works based upon the original work, and perform or display the work. When an original work is prepared by an employee within the scope of their employment, the employer is considered to be the author and not the employee.
Registration with the Copyright Office is not required to secure a copyright. Copyright protection automatically commences from the time the work is created in a tangible form. However, registering copyrights with the Copyright Office protect and ensure an author’s rights in infringement cases and allow the owner to obtain additional types of monetary damages as well as presumptions of validity.
The term of a copyright for a particular work depends on several factors, but as a general rule, for works made within the scope of employment created since 1978, copyright protection lasts for 95 years from the first publication, or 120 years from the year of creation, whichever expires first. For works not made within the scope of employment, copyright protection endures for the duration of the author’s lifetime plus 70 years after their death.
A copyright owner may transfer their exclusive rights or any portion of their rights via a written contract.
Section 8.4 Copyrightable Works
Copyright protection is available for published and unpublished works. The work must be fixed in a tangible form of expression. Ideas, concepts, systems, processes, methods, titles, names, short phrases, and slogans are not available for copyright protection.
Section 8.5 Proper Copyright Attribution and Notification
Copyright notices are important because they inform users or potential users that the work is protected by copyright, as well as providing the name of the owner of the copyright, and year the work was published. The use of a copyright notice is not required but is very helpful in obtaining damages in a copyright infringement lawsuit. Use of a copyright notice does not require permission or registration from the Copyright Office.
The copyright notice should be placed in a visible location on the original work or any copies of the work. The copyright notice must contain all the following three elements:
- The symbol "©", or the word "Copyright", or the abbreviation "Copr."
- The year the work was first published
- The name of the copyright owner or their abbreviations.
For example: Copyright © 2007, Envelopments, Inc.
NOTE: PLEASE USE THIS PAGE ONLY AS A REFERENCE.
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