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Trademark Guidelines

Guidelines for Using Trademarks: Siemens Industry Software Inc. and its subsidiaries and affiliates

A list of relevant Siemens Industry Software Inc. (“SISW”) Marks can be found here

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Preamble

These guidelines pertain to Siemens Industry Software Inc., its subsidiaries and affiliates (hereinafter collectively referred to as “SISW”). SISW’s trademarks, service marks, logos or images (hereinafter collectively the “Mark(s)”) are valuable assets. In following these guidelines, you help us protect our valuable intellectual property rights and strengthen our corporate and brand identities. By using a SISW Mark, you are acknowledging that SISW is the sole owner of the Mark and promising that you will not interfere with SISW’s rights in the Mark, including challenging SISW’s 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 SISW Mark. The goodwill derived from using any part of a SISW Mark exclusively inures to the benefit of and belongs to SISW. No rights of any kind are granted hereunder, by implication or otherwise. If you have any questions regarding these guidelines, please talk to your SISW Relationship Manager or send an e-mail to SISW’s Law Department at rmtrademarks.plm@siemens.com.

These guidelines are for partners, licensees, authorized resellers, developers, customers, and other parties wishing to use the Marks which belong to SISW in promotional, advertising, instructional, or reference materials, or on web sites, products, labels, or packaging. Use of SISW's Marks for commercial purposes without the prior written consent of SISW may constitute trademark infringement and unfair competition in violation of federal, state and/or local laws. Use of SISW’s Marks may be prohibited, unless expressly authorized.

If you are a licensee of a SISW Mark and have been provided with special trademark usage guidelines with your license agreement, please follow those guidelines. If your license agreement does not provide usage guidelines, then follow these guidelines.

A list of relevant Siemens Marks, along with proper marking and attribution for each Mark, is located here.

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Authorized Use of SISW's Trademarks

 

1.           Advertising, Promotional, and Sales Materials:Only SISW, and its authorized designees, e.g., subsidiaries, resellers, distributors, partners, affiliates and alliances, may use the SISW Marks in advertising, promotional, and sales materials.  Participants of the SISW Partner Program may use the SISW Marks only as specified in its Partner Program Agreement and the SISW Partner Program Logo Usage Guidelines and such use must always be in conjunction with the appropriate terms that define the relationship authorized by its contract with SISW.

2.           Prohibited Uses:

a. You may not use a variation of any SISW Mark for any purpose. Third parties cannot use a variation, phonetic equivalent, foreign language equivalent, takeoff, or abbreviation of a SISW Mark for any purpose.

b. You may not combine any SISW Mark with your trademarks, product names or company name.

c. You may not use any SISW Mark or any other SISW graphic symbol, logo, or icon in a disparaging manner.

d. You may not use any SISW Mark, including SISW-owned graphic symbols/logos, or icons, in a manner that would imply SISW’s affiliation with or endorsement, sponsorship, or support of a third party product or service.

e. You may not use or imitate any SISW slogan or tagline.

Additional prohibited uses are explained in the following sections.

3.           Websites:Websites that serve only as noncommercial electronic informational forums concerning a SISW product or technology may use the appropriate SISW Mark, provided such use complies with the guidelines set forth herein. You are expressly prohibited from using any SISW Mark in the title of your website or as a second-level domain name.

You may use a product name you are authorized to sell in a vanity url, for example:

ü  http://MyBrandName/nx.com

4.           Product and Service Names; Compatibility:  Do not use or register any Mark, or any potentially confusing variation thereof, as part of your company name, trade name, product name or service name. Do not place your company name, trademarks, service marks, or product names next to, or combine them with, a Mark, unless referencing compatibility and used in the following form: Your Product Name for use with Mark.  For example

ü  MyBrand for use with NX;

ü  MyBrand works with Solid Edge;

ü  MyBrand for Teamcenter.

5.           Mobile Applications:  Your registered publisher name and everything about your mobile applications (“app”)—name, logo, description, screenshots—must be unique and free of any Marks unless (1) you have obtained prior written authorization from SISW; such authorizations are not generally available in this context; or (2) you are using Mark to describe a feature or functionality of your app without suggesting that the app is actually published by SISW. The name of your app, however, cannot begin with the Mark.  The Siemens logo cannot be used as a source identifier for your app, including but not limited to, your launch tile image.

For example:

û  You may not name your app “NX” or “Teamcenter,” etc.

ü  It would be acceptable to name your app “Reader for NX” as long as you do not use the Siemens logo or otherwise suggest that the app is published by SISW.

ü  Additionally, language such as "works with," "designed for," and "optimized for" are all acceptable terms to explain that your product is designed to work in conjunction with a SISW product or service.

6.           Social Media:  The social media guidelines associated with use of the Marks are quite similar to the app guidelines included above. Specifically, your social media account names and any and all pages or communities should not include any Marks.  Any associated account, page, or community images may not include the Siemens logo. The only exceptions to these requirements are if (1) you have obtained prior written authorization from SISW, such authorizations are not generally available in this context or (2) you are using a Mark to describe the purpose of your account, page, or community without suggesting affiliation with SISW. Finally, any social media account should not use the name or likeness of any prominent individuals within SISW. For example:

û  You may not name your account, page, or community “Teamcenter Forum” or “Solid Edge Products, etc.

ü  It would be acceptable to name your account, page, or community “Forum for Teamcenter Users” or “Information about Solid Edge Products,” etc., as long as you do not otherwise suggest any affiliation with SISW.

7.           Trade Dress and Advertising Elements: Do not imitate the Siemens logo, logotype, trade dress, or any other elements of SISW product packaging or websites in any of your materials, including but not limited to advertising, product packaging, websites, and promotional materials.

8.           Promotional Merchandise:Unless you have obtained prior written authorization from SISW, do not manufacture, cause to be manufactured, sell, or give away promotional merchandise, such as t-shirts, pens or mugs, that bear any Mark or the Siemens logo.

9.           No Endorsement or Sponsorship: Unless you have prior written authorization from SISW to do so, do not use any Mark in any manner that expresses or implies a SISW affiliation, sponsorship, endorsement, certification, or approval. Do not use any Mark in such a manner that it appears SISW is legally associated with your company. 

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General Rules for Proper Use of SISW Trademarks

Whether owned by SISW or by others, a mark should be set off from the surrounding text.  If material is being prepared for a printer, methods of distinguishing the mark could include bold face, large type or color to distinguish the mark.  The generic noun for the product or service which follows the mark should be in lower case or other different type font.

1.           Provide Notice of the Status of the Mark

Use the appropriate marking symbol in conjunction with Marks.  The marking should be used at least once in each piece of printed matter, and preferably in the instance of first use of the Mark, excluding quotes, headers, sub-headers, and sidebars.  If the Mark is a registered trademark, use the ® symbol which indicates the registered status of the Mark.  If the Mark is unregistered, the ™ symbol or SM symbol should be used.  Generally, the appropriate symbol appears at the right shoulder of the Mark. For example:

ü  NX™ software

ü  Solid Edge®software

2.           Trademark or Service Mark Should be Followed by the Generic Noun of the Mark

Trademarks and service marks are adjectives and should, whenever possible, but at least in the instance of first use, excluding quotes, headers, sub-headers, and sidebars, be followed by the common descriptive (generic) noun of the product or service.  For example, it would be is improper to merely write NX rather than a NX™ software.  The product or service should be described by its generic noun, with a trademark serving to distinguish a particular company’s product or services from others.

Proper Use Examples:

Trademark

Generic Noun

 

Teamcenter®

portfolio or software

 

NX™

software

 

Solid Edge®

software

3.           Distinguish Between Organizational Entity Use and Trademark Use

Many words are used both as a trademark and as the designation of a corporate entity.  For example, a word is probably being used in a trademark sense rather than as the name of a corporate entity when the sentence in which the word is used would still make sense when the word “brand” is inserted after the Mark.  Do not use the marking notice when the word is being used as the designation of the corporate entity. 

4.           Never Use a Mark in the Plural, Possessive or Hyphenated Form

As a modifier of a generic noun, a Mark should never be used in the possessive, plural or hyphenated form.  A Mark should never have prefixes, suffixes or additions and deletions made to it. For example:

ü  Correct:  NX™ software is used to address today’s most critical …

û  Incorrect:  Today’s most critical…are addressed by NX’s™ software…

ü  Correct:  By leveraging the serialization of the as-built product structures in Teamcenter® software…

û  Incorrect:  By leveraging Teamcenter’s serialization of as-built product structures…

5.           Attribution

Include an attribution of SISW’s ownership of its Mark within the credit notice section of your product, product documentation, or other communication.  The format is as follows:

Following is the recommended format: A list of relevant Siemens trademarks can be found  here. Other trademarks belong to their respective owners.

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