Trademark Use Guidelines

GUIDELINES FOR USE OF KATE FARMS
TRADEMARKS AND COPYRIGHTS

 

These guidelines (the “Guidelines”) provide guidance to Kate Farms authorized resellers, customers, and other parties wishing to use Kate Farms trademarks, service marks, logos, taglines, publicity materials or images (the “Kate Farms Materials”) in promotional, advertising, instructional or reference materials, or on their web sites. Please note that these guidelines provide guidance on the proper use of the Kate Farms Materials, but do not grant any license for use. Use of the Kate Farms Materials without the prior written consent of Kate Farms may constitute trademark infringement, copyright infringement and/or unfair competition in violation of federal and state laws.

 

The Kate Farm Materials are an integral part of our business, and we take protecting these assets seriously to ensure that they are used in a manner consistent with our corporate culture and to protect Kate Farms legal rights. In using the Kate Farm Materials, you must comply with these Guidelines in order to protect our valuable trademark rights and strengthen our corporate and brand identities.

 

If you have obtained the right to use Kate Farms Materials, you must comply with the term of these Guidelines in using any Kate Farms Materials. To the extent that you have specific terms in a written agreement with Kate Farms that differs from these Guidelines, you should comply with those specific terms.

 

If you have any questions regarding these Guidelines, please talk to your contact at Kate Farms or submit your query to Kate Farms legal department.

 

KATE FARMS TRADEMARKS

 

Kate Farms uses various trademarks, service marks, logos, taglines, trade dress, graphic symbols, logos or icons (collectively, the “Marks”) with respect to the production and distribution of its products. Our Marks consist of registered, unregistered and/or pending Marks. The collection of Marks is subject to update without notice, and the provisions of these Guidelines applies to all Marks of Kate Farms. Currently, our Marks include the following:

 

Mark Designation

 

Kate Farms ®

Komplete ®

All Good Things ®

Kate Farms Core Essentials ®

and

®

 

Kate Farms will continue to develop new Marks that may be added to this list or included in written agreements with Kate Farms.

By using a Mark, in whole or in part, you acknowledge that Kate Farms is the sole owner of the Mark and promise that you will not interfere with Kate Farms rights in the Mark. This includes your commitment that you will not challenge Kate Farms use, registration of, or application to register such Mark, alone or in combination with other words, anywhere in the world, and that you will not harm, misuse, or bring into disrepute any Mark. The goodwill derived from using any part of a Mark exclusively inures to the benefit of and belongs to Kate Farms. Except for the limited right to use as expressly permitted under these Guidelines or in another written agreement with Kate Farms, no other rights of any kind are granted hereunder, by implication or otherwise.

 

AUTHORIZED USE OF KATE FARMS TRADEMARKS

 

The following guidelines apply specifically to the use of the Marks by authorized third parties.

 

Advertising, Promotional, and Sales Materials: Only Kate Farms and its authorized resellers and licensees may use any of the Marks in advertising, promotional, and sales materials. Such authorized parties may use the Marks only as specified in their agreement with Kate Farms and in compliance with these Guidelines, and such use must always be in conjunction with the appropriate terms that define the relationship authorized by their contract with Kate Farms. For example, materials using the Marks must disclose in a conspicuous manner that the third party is an Authorized Reseller or Authorized Wholesaler.

 

Informational Use: You may use the Marks in connection with book titles, magazines, periodicals, seminars, or conferences provided you comply with the following requirements:

 

  1. The use is referential and less prominent than the rest of the title.

 

  1. The use reflects favorably on both Kate Farms and Kate Farms products.

 

  1. Your name and logo appear more prominent than the used Mark on all printed materials related to the publication, seminar or conference.

 

  1. A disclaimer of sponsorship, affiliation, or endorsement by Kate Farms, similar to the following, is included on the publication and on all related printed materials: “(Title) is an independent (publication) and has not been authorized, sponsored, or otherwise approved by Kate Farms.”

 

  1. A trademark attribution notice is included in the credit section giving notice of Kate Farms ownership of its trademark(s), as more fully set forth below in the section titled “Proper Trademark Notice and Attribution.”

 

  1. The use must not falsely imply or suggest a sponsorship or endorsement by, a license from, or a partnership or affiliation with Kate Farms.

 

Web Sites: Proper use of the Marks on websites to name or accurately describe Kate Farms products is permitted. Such use may not be misleading or be likely to cause confusion as to sponsorship or affiliation with Kate Farms.

 

Social Media: The use of any of our Marks in an account name, profile name, as avatars or handles on social media platforms is not permitted.

 

UNAUTHORIZED USE OF KATE FARMS MARKS

 

Company, Product, or Service Name: You may not use or register, in whole or in part any Marks, or an alteration thereof, as or as part of a company name, trade name, product name, or service name except as specifically noted in these Guidelines.

 

Logos and Symbols: You may not use the Kate Farms logo or any other Kate Farms-owned graphic symbol, logo, or icon on or in connection with web sites, products, packaging, manuals, promotional/advertising materials, or for any other purpose except pursuant to an express written license from Kate Farms.

 

Variations, Takeoffs or Abbreviations: You may not use variations of the Kate Farms logo or any of the Marks for any purpose. Third parties cannot use a variation, phonetic equivalent, foreign language equivalent, takeoff, or abbreviation of a Mark for any purpose.

 

Disparaging Manner: You may not use any Mark in a disparaging manner. This includes disparaging Kate Farms or any third party.

 

Endorsement or Sponsorship: You may not use any Mark in a manner that would imply Kate Farms affiliation with or endorsement, sponsorship, or support of a third party product or service except as set forth in an agreement with Kate Farms specifically authorizing such action.

 

Merchandise Items: You may not manufacture, sell or give-away merchandise items, such as T-shirts and mugs, bearing any Mark, except pursuant to an express written license from Kate Farms.

 

Trade Dress: You may not imitate the distinctive Kate Farms packaging, web site design, logos, or use of typefaces.

 

Slogans and Taglines: You may not use or imitate a Kate Farms slogan or tagline.

 

For example: “All Good Things®”

 

Domain Names: You may not use an identical or virtually identical Kate Farms Mark as a principal or secondary level domain name or any domain name intended to divert Kate Farms traffic to your own site. A Website owner may not register any domain name containing Marks and should not claim any trademark or similar proprietary rights in the Kate Farms domain name. Violation of this policy may result in legal action. All websites referencing Marks should comply with all domain name registry policies and applicable law regarding trademark infringement and dilution and unfair competition.

 

USE OF THE MARKS

 

Rules for Proper Use of Marks

 

–Trademarks are adjectives used to modify nouns. They should not be used as nouns or verbs. Trademarks should not be used along, but always used with, and immediately precede, the generic noun that describes the product in question. Trademarks may not be used in possessive or plural form. As an example:

 

Correct: Kate Farms meal replacement shakes contain…

 

Not Correct: Kate Farms’ ingredients are all …

 

–Trademarks must be used as adjectives, and may not be used in the plural or possessive form.

 

Correct: I bought two Kate Farms meal replacement shakes.

 

Not Correct: I bought two Kate Farms.

 

–Always spell and capitalize Marks exactly as they are shown in the list of Kate Farms trademarks set forth above. Do not shorten or abbreviate Kate Farms product names. Do not make up names that contain Marks.

 

–Use of any registered, unregistered or pending logos, as well as all other design elements included in such logos, must be taken from Kate Farms product sheet or service screen shot, pursuant to a written agreement with Kate Farms. Do not create imitations, facsimiles or reproductions of these logos or design elements independently.

 

–The Kate Farms name is not only a trademark used to identify Kate Farms products, it serves as the company’s name. When using Kate Farms in reference to the company, it may be used as a noun, and no registration symbol, including ®, is required.

 

PROPER TRADEMARK NOTICE AND ATTRIBUTION

 

Distribution Within the United States Only

 

–On product, product documentation, or other product communications that will be distributed only in the United States, use the appropriate trademark symbol (TM, SM, ®) as indicated above any time the trademark is used prominently, and the first time the Kate Farms trademark appears in the text of the advertisement, brochure, or other material. A trademark symbol should be used in all uses of the Kate Farms logo.

 

–Refer to the Kate Farms trademark list set forth above for the correct trademark symbol, spelling of the trademark, and generic term to use with the trademark. Generally, the symbol appears at the right shoulder of the trademark.

 

–Include an attribution of Kate Farms ownership of its trademarks within the credit notice section of your product, product documentation, or other product communication.

 

Following are the correct formats:

 

_________ and _______ are registered trademarks of Kate Farms, Inc.

 

_________ and _______ are trademarks of Kate Farms, Inc.

 

Distribution Outside the United States

 

–Do not use trademark symbols on products, product documentation, or other product communications that will be distributed outside the United States.

 

–Use one of the following international credit notices:

 

_________ is a trademark of Kate Farms, Inc., registered in the U.S. and other countries.

 

_________ is a trademark of Kate Farms, Inc.

 

DEPICTIONS OF KATE FARMS PRODUCTS

 

Endorsement or Sponsorship: Kate Farms does not support the use of its logos, company names, product names, or images of Kate Farms products by other parties in marketing, promotional or advertising materials, except as specifically agreed to in writing, as their use may create the perception that Kate Farms endorses or sponsors the product, service or promotion.

 

Product Line: If you are a wholesaler or retail seller, you may show an image of a Kate Farms product in your promotional/advertising materials to depict that you offer to your customers the Kate Farms products, provided you comply with the following requirements:

 

–The image is an actual photograph of the genuine Kate Farms product and not an artist’s rendering (Note: You must obtain express written permission from Kate Farms before using any photograph or image owned or licensed by Kate Farms).

 

–The Kate Farms product is shown only in the best light, in a manner or context that reflects favorably on the Kate Farms products and on Kate Farms, Inc.

 

–The reference to Kate Farms does not create a sense of endorsement or sponsorship by, or other false association with, Kate Farms or Kate Farms products.

 

USE OF COPYRIGHTED MATERIALS

 

A copyright can be an original work of authorship including literature, art, music, photographs, videos, etc.

 

If you have any questions concerning the usage or licensing of copyrighted materials of Kate Farms; for example, photographs, video footage, Kate Farms advertisements or other Kate Farms materials, please submit your detailed request in writing to your contact at Kate Farms, or to the Kate Farms legal department. Please be sure to include any surrounding copy or text to the Kate Farms material.

 

For use of Kate Farms copyrighted material in third party works e.g., books or publications, please submit your detailed request to the Kate Farms legal department and include the following:

 

Specific image(s) or material for which you are seeking permission

Surrounding copy or text to the Kate Farms material you wish to use in your project

Publisher, if applicable

Publishing date (and countries), if applicable

Title, if applicable

How Kate Farms and its products fit into your project

Your deadline

 

MONITORING AND REMEDIES

 

Kate Farms reserves all rights to review the use of the Kate Farms Materials. Upon request, you must provide a copy of any product, packaging, screenshot, or other materials bearing including the Kate Farms Materials. You must correct any deficiencies in the use of the Kate Farms Materials as soon as practically possible following notification of the deficiency. Refusal to make any such correction may result in Kate Farms cancelling your rights to use the Kate Farms Materials. Further, any unauthorized or improper use of the Kate Farms Materials or any Kate Farms work of authorship may constitute trademark infringement, unfair competition and/or copyright infringement, as set forth under federal, state or international laws. Kate Farms reserves the right to pursue legal recourse relating to the use of any of the Kate Farm Materials or other works of authorship of Kate Farms in its sole discretion. Nothing in these guidelines waives or restricts any of Kate Farms legal rights that it may have under applicable law. Furthermore, nothing herein grants any license or acquiesces to any infringing act.