Preface

These Apprentice Systems Trademark and Logo Usage Requirements ("Usage Requirements") set forth Apprentice Systems' rules for using or referring to Apprentice Systems' brands, trademarks, product and service names, logos and slogans. They apply to all Apprentice Systems organizations worldwide and to Apprentice Systems resellers, developers, customers, advertising agencies, consultants, professional writers and editors, licensees and other third parties making reference to Apprentice Systems trademarks. Apprentice Systems reserves the right to modify these Usage Requirements as it deems necessary or appropriate, including by written agreement or license with third parties.

Table of Contents

I. Rules of Proper Trademark use

II. Use of Apprentice Systems Trademarks with Non-Apprentice Systems Goods or Services

III. How to reach Apprentice Systems' Marketing & Brands Legal Department

I. Rules of Proper Trademark Use.

A. Use Apprentice Systems Trademarks as Adjectives, Never as Nouns.

Please follow every Apprentice Systems trademark with an appropriate noun consisting of the Apprentice Systems product or service that is branded with the mark. Apprentice Systems trademarks are adjectives and may not be used as nouns, or alone as a shorthand way of identifying a product or service. The Apprentice Systems trademark should be used as an adjective describing a product or service of Apprentice Systems.

B. No Possessives, Plurals, Verbs or Puns.

Apprentice Systems works hard to build customer goodwill, and it uses its trademarks to harness that goodwill. Please use the marks as they are designed and intended. Since a trademark is not a noun, it must never be used in possessive or plural forms, and should never be used as a verb or a pun.

C. Company Name Use.

The "Apprentice Systems" name is not only a trademark used to identify our products and services, it also serves as our company name. When using the "Apprentice Systems" name as a reference to the company, "Apprentice Systems" may be used as a noun and no TM symbol is needed. For example, the sentence "Apprentice Systems announced a new line of software products" would be an appropriate use.

D. Proper Trademark Attribution: Symbols and Legends.

Trademark ownership is attributed in two ways, with the use of a trademark symbol (, , or ®) after the trademark, and with a trademark legend, usually found at the end of a document in legible text following the copyright notice. Remember, mere inclusion of a trademark symbol and legend does not entitle you to use a Apprentice Systems trademark! For information on how to properly use a Apprentice Systems trademark in association with a non-Apprentice Systems product or service, please see Section II of these Usage Requirements.

1. Trademark Symbols:

Assuming you are permitted to use a Apprentice Systems trademark, please make sure to attribute the mark with the proper symbol. Always use the ® symbol with the Apprentice Systems logo. For all other Apprentice Systems trademarks, do not use the ® symbol, but instead use the symbol for products, or the symbol for services. The symbol should be placed immediately after the trademark, either in superscript or in parenthetical form, such as , TM, , , tm, , , SM, , , sm, , etc. Trademark symbols should be used on Apprentice Systems trademarks as follows:

a. On products, product labels, and packaging, use an appropriate symbol in each prominent use of the trademark.

b. In every other context, use an appropriate symbol in both the first prominent use of the trademark (in headlines, banners, etc.) and in the first use in the text of body copy.

c. Always use the appropriate symbol incorporated into any of Apprentice Systems' logos.

2. Trademark Legends:

The trademark legend is the legal text that identifies Apprentice Systems' trademarks. The legend should be printed in legible type and in a location typically used for copyright and other legal notices. For example, the legend may be printed at the end of a document, on the back of a package, on the front cover of documentation, or on the bottom of a web page.

Unless you have an agreement with Apprentice Systems that indicates otherwise, use the standard Apprentice Systems legend in any material referencing more than one Apprentice Systems trademark. Parties other than Apprentice Systems may instead use the abbreviated Apprentice Systems legend. Please note that third party licensees will often be legally obligated by license to use a Apprentice Systems trademark legend that also indicates that the Apprentice Systems trademarks are used under license.

STANDARD Apprentice Systems LEGEND (for use by Apprentice Systems or third parties):
"Apprentice, Apprentice Systems, the Apprentice Systems Logo [insert all other Apprentice Systems trademarks, logos, product names, service names, program names, and slogans that are referred to or displayed in the document] are trademarks or registered trademarks of Apprentice Systems, Inc. in the United States and other countries." 

ABBREVIATED Apprentice Systems LEGEND (for use by third parties only):
"[Insert all Apprentice Systems trademarks that are referred to or displayed in the document] are trademarks or registered trademarks of Apprentice Systems Inc. in the U.S. or other countries."

E. Use of Apprentice Systems Logos.

1. General Rule: Do Not Assume You are Permitted to Use Apprentice Systems Logos.

Except as specifically provided by license or other agreement with Apprentice Systems, third parties may not use any Apprentice Systems logo for any purpose. Even when accurately describing a relationship with Apprentice Systems or support of Apprentice Systems' technology, third parties should not use a Apprentice Systems logo in the absence of an agreement.

2. No Re-Logoing, Co-Logoing, or Logo Removal.

Resellers of Apprentice Systems products may never alter or modify the Apprentice Systems corporate logo or Apprentice Systems trademarks that are affixed to or appear on the Apprentice Systems products they resell. Similarly, re-logoing (replacing a Apprentice Systems trademark with the reseller's logo or mark) and co-logoing (adding the reseller's logo or mark to the Apprentice Systems product) are not permitted in the absence of a written agreement with Apprentice Systems.

F. Use of Apprentice Systems Trade Dress by Third Parties Prohibited.

Third parties generally are prohibited from using Apprentice Systems trade dress for their own products, including any of the distinctive ornamental features of Apprentice Systems products and packaging. Any such use must be approved by Apprentice Systems Legal.

G. Promptly Report Suspected Infringements.

Please report any infringement of Apprentice Systems trademarks or trade dress to trademarks@Apprentice Systems.com. Please provide as much detail as possible regarding the identity of the possible infringer and well as the suspected infringing use.

II. Use of Apprentice Systems Trademarks with Non-Apprentice Systems Goods or Services

Only certain, approved uses of Apprentice Systems trademarks may be made by Apprentice Systems business allies, licensees, and other third parties. In addition to the other provisions set forth in these Usage Requirements, the following rules apply to any use of a Apprentice Systems trademark or logo in association with a third party product or service.

A. No Use of Apprentice Systems Marks in Non-Apprentice Systems Company, Product, or Service Names.

Unless a third party enters into a written agreement with Apprentice Systems, third parties generally may not use any Apprentice Systems trademark, as all or part of their company or product names.

B. Do Not Adopt Any Marks or Names that are Confusingly Similar to a Apprentice Systems Trademark.

Unauthorized use of Apprentice Systems trademarks or of marks that are confusingly similar to Apprentice Systems trademarks may constitute an infringement of Apprentice Systems' trademark rights.

C. Proper Descriptions of Non-Apprentice Systems Products and Services

While a third party is not permitted to incorporate a Apprentice Systems trademark into the name of its product or service, it can truthfully and fairly describe its products by referencing their relationship to Apprentice Systems' products and services. For example, to indicate that a third-party product is intended for use with Apprentice Systems technology, a third party may use a descriptive phrase (sometimes called a "tagline") that truthfully states this fact. 

A descriptive phrase using a Apprentice Systems trademark must meet the following additional requirements:

1. Accuracy. The descriptive phrase must be accurate and not misleading.

2. Relationship to Apprentice Systems. Apprentice Systems trademarks may not be used in a manner that will cause potential confusion about the relationship between Apprentice Systems and the third party product or service, for example, implying sponsorship or endorsement by Apprentice Systems that does not in fact exist.

3. Compatibility or Conformance to Published Specification. Apprentice Systems trademarks may not be used in a manner that improperly or inaccurately implies compatibility or conformance to any Apprentice Systems specification or platform. However, if a third party product fully conforms to Apprentice Systems' published specifications for one of our technologies, the third party may use an appropriate descriptive phrase to reference or identify that fact.

4. Prominence. When using a descriptive phrase such as "for the Apprentice platform" to indicate that the product is for use with Apprentice Systems systems, the third party's own product and company names must be displayed much more prominently than any Apprentice Systems trademark referenced so that the source of the third party product is clear.

5. Proper Use of Symbols and Legends. Descriptive phrases should properly attribute the trademark with an appropriate symbol and legend as described in Usage Requirement I.D.

6. Do Not Attempt to Claim Rights in Apprentice Systems Trademarks. Third parties may not state or suggest that they have, or are claiming rights, in any Apprentice Systems trademark.

D. Special Guidelines for Descriptive Use of Apprentice Systems Trademarks in the Titles of Books, Magazines, Articles, e-zines, Educational Seminars, User Groups, Trade Shows, Conferences, and Expos.

Ordinarily, our Usage Requirements do not permit third parties to use Apprentice Systems trademarks in the name of a third party product or service. However, third parties may do so in the limited descriptive fashion described below.

1. Purpose. As a technological innovator, Apprentice Systems hopes and expects that the community of developers, businesses, and other innovators will seek out and share information about Apprentice Systems technologies. Apprentice Systems' trademarks will often be a natural part of these discussions. To facilitate this discussion, Apprentice Systems has set forth these guidelines for the use of Apprentice Systems' trademarks in the titles of:

- Books, Magazines, e-zines, and other publications;
- Educational seminars;
- User groups;
- Trade Shows, Conferences, and Expos;

2. Application. These guidelines apply only to word marks, they do not apply to logos.

3. Make the Source Clear. When third parties use Apprentice Systems trademarks, they must do so in a manner that does not create potential confusion over the source of any products or services. Customers must not be given the impression that Apprentice Systems is the source of a third party publication, educational seminar, user group, trade show, conference, or expo.

a. Apprentice Systems Trademarks Must Refer to Apprentice Systems Products or Services. When used in the title of a seminar, for example, the use of a Apprentice Systems trademark must be to describe the Apprentice Systems product or service, not the seminar. 

b. Third Party Name Must be More Prominent Than Apprentice Systems Trademark.

The company name and logo of the third party should appear in a prominent location on all materials relating to the publication, educational seminar, trade show, conference or expo.

c. Use of Legend.

If a Apprentice Systems trademark is used in the title of a publication, educational seminar, user group, trade show, conference, or expo, a trademark attribution legend should be used in the following form in the legal notices and publication block (if a magazine) and on all related materials referencing the Apprentice Systems trademark:

"[Insert the Apprentice Systems trademark] are trademarks or registered trademarks of Apprentice Systems Inc. in the United States and other countries. [Insert publisher, producer or provider name] is independent of Apprentice Systems Inc."

4. Spacing and Formatting.

The following spacing and formatting rules apply to the use of a Apprentice Systems trademark in the title of a publication, educational seminar, user group, trade show, conference, or expo.

a. Publications and User Groups. A space must separate the Apprentice Systems mark from the rest of the title. 

b. Trade Shows, Seminars, Conferences, and Expos. Unless Apprentice Systems is sponsoring your show or conference and you have entered into a written sponsorship agreement with Apprentice Systems that provides to the contrary, the name of any trade show, seminar, conference or exposition concerning a Apprentice Systems product, service or technology should begin with the producer's or sponsor's brand or name. 

5. Follow All of the Ordinary Trademark Rules.

Except as outlined in this Usage Requirement II.D., these Usage Requirements apply to all third-party publications, educational seminars, trade shows, conferences or expos.

6. Some Important Pitfalls to Avoid:

a. Do not use any of Apprentice Systems' logos.

b. Do not do anything that might be understood to suggest association with or sponsorship by Apprentice Systems. (See Usage Requirement II).

c. Do not attempt to claim or establish trademark rights in the title. Since the above descriptive uses of Apprentice Systems trademarks are intended merely as a reference to Apprentice Systems' products and technologies (and not as a trademark use or form of branding your own products and services with Apprentice Systems' marks), you may not attempt to claim or establish trademark rights in the Apprentice Systems trademark portions of the name or title of your publication, seminar, user group, conference, trade show, or exposition. Do not register or use the entire name or title as a trademark, service mark, trade name or DBA (doing business as) name.

E. Permitted Descriptive Use of the Apprentice Systems Trademarks on Web Sites and Domain Names.

Third parties are permitted to use Apprentice Systems trademarks on web sites or in domain names as long as:

1. The content of the website meets all of these Usage Requirements;

2. The use of the domain name is not misleading or likely to cause confusion; and 

3. The use meets the following additional standards:

a. The principal or secondary level domain name of the third party should not be identical or virtually identical to any Apprentice Systems trademark, since this is likely to cause customer confusion or imply that the web site is affiliated with or sponsored by Apprentice Systems.

b. The web site owner should not use a Apprentice Systems trademark in his or her company name, product names, or service names. Thus, if the domain contains a Apprentice Systems trademark, that domain should not also be a company or product name.

c. The web site owner should not register the domain name as a trademark or service mark and should not claim any trademark or similar proprietary rights in the domain name.

d. The web site should display a legal notice (a link is okay) that contains the following legend:

"[Insert Apprentice Systems trademark] is a trademark or registered trademark of Apprentice Systems Inc. in the United States and other countries. [Insert website owner name] is independent of Apprentice Systems Inc."

e. The web site must otherwise comply with domain name registry policies and current laws regarding trademark infringement and dilution.

III. How to reach Apprentice Systems' Marketing & Brands Legal Department

Marketing & Brands Legal Department
Apprentice Systems Inc.
6189 Wessington Dr.
Hudson, OH 44236