Trademark Information

Understanding the Do’s and Don’ts 

 

1. Authorized Use of Cert-A-Roof Marks.

 

A. Cert-A-Roof “Conditional Use” Logos

Cert-A-Roof has developed a family of “Conditional Use” Logos for those who wish to show their support for Cert-A-Roof and its products and services by displaying such a logo in the user interface of a website. The “Conditional Use” Logos may be used without specific written permission from Cert-A-Roof under all of the following conditions:

 

• The use must be only referential by non-competitors, such as consumers, lenders, real estate agents, home inspectors, or mortgage brokers. Examples of competitors would be roof inspectors or roof contractors who are not members of Cert-A-Roof.

   

• The use must not be detrimental, i.e., harmful or damaging, to the value of any of the Cert-A-Roof Marks, or to Cert-A-Roof, its brand integrity, reputation or goodwill, as determined by Cert-A-Roof in its sole discretion.

   

• The “Conditional Use” Logo must be a “clickable” link that leads directly to http://www.Cert-A-Roof.com/.

   

• If the website has password-protected areas, the “Conditional Use” Logo must be placed only in areas that are not password-protected.

   

• If used in an application released under any Open Source Initiative (http://www.opensource.org) recognized open source license, the application must be able to connect directly to a Cert-A-Roof server.

   

• The limited license given herein does not include the right to use any Cert-A-Roof “Conditional Use” Logo or any other Cert-A-Roof Logo as a trademark to promote your own products or services. For example, no Cert-A-Roof Logo may be used on any product packaging or documentation, such as (without limitation) on CD-ROM or diskette labels or packaging, books or other publications. Any such use must be expressly authorized by Cert-A-Roof in a signed, written agreement.

   

• The use of any Cert-A-Roof “Conditional Use” Logo under this Section 1(A) must also comply with applicable provisions of this Trademark Policy, including (without limitation) Sections 2 and 3.

   

The Cert-A-Roof ” Conditional Use” Logos:

If you have special needs that are not covered by the above, please contact Cert-A-Roof at certaroof.info@gmail.com to request special permission to use a Cert-A-Roof Mark. Cert-A-Roof reserves the right to revoke this authorization at any time in its sole discretion. For example, if Cert-A-Roof believes that your use of any Cert-A-Roof “Conditional Use” Logo is detrimental to any of the Cert-A-Roof Marks or is otherwise unacceptable, Cert-A-Roof will revoke this authorization. Upon revocation of this authorization by Cert-A-Roof , you shall immediately cease using any and all Cert-A-Roof “Conditional Use” Logo. If you do not immediately cease using all Cert-A-Roof “Conditional Use” Logos upon revocation by Cert-A-Roof, Cert-A-Roof may take whatever action it deems necessary to protect its rights and interests. Although as a general rule you must never modify the design, add or delete any words, or change any colors when using a Cert-A-Roof “Conditional Use” Logo, you may adjust the overall size of the logo, so long as adjustments are made proportionally.

 

USE OF ANY CERT-A-ROOF “CONDITIONAL USE” LOGO IS AT YOUR OWN RISK. THE USES PERMITTED UNDER THIS SECTION 1(A) ARE PROVIDED BY CERT-A-ROOF “AS IS,” WITHOUT ANY WARRANTIES WHATSOEVER, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF NON-INFRINGEMENT. YOU AGREE TO INDEMNIFY AND DEFEND CERT-A-ROOF AND HOLD CERT-A-ROOF , ITS SUCCESSORS AND ASSIGNS, HARMLESS OF AND FROM, ANY CLAIM, ACTION, SUIT, LOSS, COST, EXPENSE OR OTHER DAMAGES OR LIABILITY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND COSTS OF INVESTIGATION) ARISING OUT OF OR RESULTING FROM YOUR USE OF ANY CERT-A-ROOF “CONDITIONAL USE” LOGO IN VIOLATION OF THIS TRADEMARK POLICY. You agree that you will not acquire rights in any Cert-A-Roof Mark through your use of any Cert-A-Roof “Conditional Use” Logo. By using any Cert-A-Roof “Conditional Use” Logo, you agree to the terms contained in this Trademark Use Policy.

 

B. General.

As a general rule, no person or entity may use (or authorize the use of) any of the Cert-A-Roof Marks in any manner other than as expressly authorized by Cert-A-Roof in a written agreement or above in Section 1(A). Cert-A-Roof reserves the right to revoke any such authorization at any time in its sole discretion, such as where use does not strictly conform with the requirements of this Trademark Policy and/or Cert-A-Roof ‘s written authorization.  

 

C. Partner and affiliate Cert-A-Roof Logos.

Cert-A-Roof has designed specific logos for use by partners and affiliates. These logos may only be used by parties having a written and signed agreement with Cert-A-Roof allowing them to do so and under the conditions put down in that agreement. As expressly provided in its written agreements with partners, Cert-A-Roof generally grants to its partners certain non-perpetual rights to use special variations of the Cert-A-Roof Logo. These special variations of the Cert-A-Roof Logo denote the level of partnership with Cert-A-Roof Permission to use these special variations must be granted by Cert-A-Roof in writing. The scope of these rights depend upon the partnership level in question, are subject to the terms of a written agreement with Cert-A-Roof , and may be revoked at the discretion of Cert-A-Roof Information on how to become a member of or affiliate to Cert-A-Roof is available on the main Cert-A-Roof website www.Cert-A-Roof.com. The Cert-A-Roof partner and affiliate logos are displayed in section 3A: the Cert-A-Roof Mark Table.

 

D. Other Special Cert-A-Roof Logos.

From time to time, Cert-A-Roof may create or use special logos or variations of a Cert-A-Roof Logo and attach specific terms of use to those special logos.

 

E. Cert-A-Roof Certification logos

Persons who meet the requirements for certification according to the Cert-A-Roof certification program, may use the appropriate Certification logos. Cert-A-Roof Certification logos are not publicly available for download.

 

F. Product Packaging.

For users who have obtained a written license from Cert-A-Roof to use a Cert-A-Roof Mark on product packaging, each use of a Cert-A-Roof Mark must use the appropriate trademark symbol and the attribution statement as explained in Section 3.

 

G. Publications, Lectures, PowerPoint & Other Presentations.

Third Parties may use Cert-A-Roof Marks (except Cert-A-Roof Logos) in the titles of publications, such as books or magazines, or in connection with presentations, provided that the use: (i) is referential only; (ii) does not use the Cert-A-Roof Mark as a trademark; and (iii) complies with this Trademark Policy. Cert-A-Roof Marks must always be attributed with the proper symbol and footnoted, as explained below, on all publications and presentations that are displayed to the public (sales, trade shows etc). Since the Cert-A-Roof Marks are used in these instances only to describe the content of the publication or presentation and are not used as trademarks to promote your own products and services, you should not attempt to establish trademark or other proprietary rights by registering, or attempting to register, the titles as trademarks, service marks, corporate names or trade names. In addition, your name or mark and logo should appear in a prominent location on the cover and title page of all publications and on all materials related to the presentations and should appear more prominent than the title incorporating the Cert-A-Roof Marks on all printed materials related to the publications or presentations. Please note that this Section 1(F) only permits referential use of a Cert-A-Roof Mark (except any Cert-A-Roof Logo)- it does not permit use of any Cert-A-Roof Mark as a trademark. Without the express prior written consent of Cert-A-Roof no Cert-A-Roof Mark may be used as a trademark to promote any publication, lecture or other presentation.

 

2. Unauthorized Use of Cert-A-Roof Marks.

 

A. General.

Unauthorized use of the Cert-A-Roof Marks or marks that are confusingly similar may constitute an infringement of Cert-A-Roof ‘s trademark rights and is strictly prohibited. Without the express prior written consent of Cert-A-Roof , no Cert-A-Roof Mark may be used in a manner that implies an affiliation with or sponsorship by Cert-A-Roof .

 

B. Third Party Marks.

Unless expressly authorized by Cert-A-Roof in writing, third parties generally may not use any Cert-A-Roof Marks as part of their company names, trademarks or logos. In other words, no person or entity may combine any Cert-A-Roof Mark with any third party trademark without the express prior written consent of Cert-A-Roof No third party may name or rename a product or service of its own to include the word “Cert-A-Roof” without the express prior written consent of Cert-A-Roof . Furthermore, no third party may claim any right to register, or attempt to register, a trademark in any territory if the trademark in question includes “Cert-A-Roof” or is in some other way similar to any Cert-A-Roof Mark. In the event that Cert-A-Roof authorizes any of the above uses in writing, the Cert-A-Roof Mark must be at least as large as the trademark or logo of the other company.

 

C. Internet Domain Names.

No third party may register or attempt to register an Internet domain name that includes “Cert-A-Roof” or any of the Cert-A-Roof Marks or any marks that are confusingly similar to the Cert-A-Roof Marks in a way that is detrimental, i.e., harmful or damaging, to the value of any of the Cert-A-Roof Marks, or to Cert-A-Roof , its brand integrity, reputation or goodwill, as determined by Cert-A-Roof in its sole discretion.

 

D. Damaging Use.

The Cert-A-Roof Marks may not be used in a manner or with respect to products that will decrease the value of the Cert-A-Roof Marks or otherwise impair or damage Cert-A-Roof ‘s brand integrity, reputation or goodwill, including (without limitation) use in a manner that is unethical, offensive, disparaging, defamatory, illegal or in bad taste.

 

3. Guidelines for Proper Use of Cert-A-Roof Marks.

 

A. Cert-A-Roof Mark Table.

 

Listed below are the current Cert-A-Roof Marks. This list will be updated from time to time, at the sole discretion of Cert-A-Roof In addition, Cert-A-Roof may, at its sole discretion, modify the Cert-A-Roof Marks at any time. Please refer to the Cert-A-Roof Mark Table periodically to ensure your compliance.

 

The Cert-A-Roof Word Marks

• “Cert-A-Roof”

• “LeakFREE”

• “Got Leaks?”

• “VisualROOF”

• “Forensic ROOF”

• “Inspection PLUS”

• “Roof Smart”

• “Today’s Inspection . . . Tomorrow’s Protection.”

   

The Cert-A-Roof Logo and Conditional Use Logo

 

 

 

 

The absence of a trademark, service mark, trade name or logo from this list does not constitute a waiver of Cert-A-Roof ‘s trademark or other intellectual property rights.

 

B. Proper Trademark Use.

Always use Cert-A-Roof Marks as proper adjectives. A trademark is an adjective and must not be used as a verb or noun or in the possessive or plural forms. Every Cert-A-Roof Mark has a “product descriptor” that follows the trademark. Examples of Proper Use: Cert-A-Roof software, Cert-A-Roof application, Cert-A-Roof certification, Cert-A-Roof training classes, Cert-A-Roof support, Cert-A-Roof services, Cert-A-Roof member. Examples of Improper Use: Cert-A-Roof’s inspection, Cert-A-Roofs, I Cert-A-Roof -ed my roof. Do not alter Cert-A-Roof Marks. When using a Cert-A-Roof Mark, never vary the spelling, add hyphens, make one word two, or use a possessive or plural form of the Cert-A-Roof Mark. Do not abbreviate a Cert-A-Roof Mark to create an acronym. When using a Cert-A-Roof Logo, you must never modify the design, add or delete any words, or change any colors or proportions. The logo may be scaled proportionally. The logo may in its entirety be displayed in black on white background OR in white on dark – black or one-coloured – background. The typesize of the trademark notice symbol may be adjusted. The Cert-A-Roof Logo must be used as a stand-alone icon in accordance with this Trademark Policy, without any other third party logos and/or trademarks combined or associated with it. At least a margin corresponding to the height of the “T” in the logo should be left empty around the logo in the background color of the displayed logo. No additional text or graphics may be placed in the margin except trademark symbols and the words of logo versions specifically designed by Cert-A-Roof . Any Cert-A-Roof Logo shall only be used in conjunction with Cert-A-Roof products and services, except as specifically agreed in writing by Cert-A-Roof or in Section 1(A) above.

C. Provide Trademark Notice Symbols.

When using any Cert-A-Roof Mark, you should use the TM symbol. This symbol provides notice to third parties of Cert-A-Roof ‘s rights in its Marks. Cert-A-Roof word marks must bear the trademark notice symbol TM in the first and most prominent usage of a mark and again in the first appearance of a word mark in the text or body of copy. Notice symbols must always appear with all Cert-A-Roof Logos. Wherever possible, trademark notice symbols should be superscripted immediately after all Cert-A-Roof Marks. Once proper trademark notice symbols are used, and a Cert-A-Roof Mark is correctly attributed to Cert-A-Roof (as further explained below), in permitted materials, it is not ordinarily necessary to mark subsequent appearances of the trademark in the same text.

D. Statement for Correct Attribution.

All Cert-A-Roof Marks that are used by third parties must be attributed to Cert-A-Roof with our standard trademark attribution statement. The statement must always be a complete sentence, and ordinarily be placed in a visible place in the material referencing the Cert-A-Roof Marks, e.g., on the copyright page, on the last page of the material, on the bottom of a web page, on a website’s trademark policy page, or on product packaging. The following attribution statement must be used in all material referencing the Cert-A-Roof Marks: ”[Insert the Cert-A-Roof Marks that appears in that particular piece] is a registered trademark of Cert-A-Roof in the United States, the European Union and other countries. Examples:

 

“Cert-A-Roof is a trademark of Cert-A-Roof in the United States, the European Union and other countries.”

 

“The Cert-A-Roof Logo is a trademark of Cert-A-Roof in the United States, the European Union and other countries.”

 

E. Link to Cert-A-Roof Website.

All uses of a Cert-A-Roof Logo, such as the “Powered by Cert-A-Roof” Logo, in a user interface should be linked from the logo to www.Cert-A-Roof.com.

 

4. General.

 

A. What is a trademark?

A trademark is a word, phrase, symbol or design, or a combination of those things, that distinguishes one company’s products and services from the products and services of another. Thus, although a trademark is a symbol of the source of a product or service, a trademark is not the good or service itself. For example, Cert-A-Roof brands its database server product and its other products and services using the Cert-A-Roof trademark and the other trademarks, service marks, trade names, and logos identified in Section 3(A) of this Trademark Policy (collectively, the “Cert-A-Roof Marks” or “Marks”). A service mark is simply a trademark that identifies the source of a service. A logo is a trademark that incorporates a design of some sort, such as the Cert-A-Roof Mark that includes the “cube” design. A trademark is not the same as a copyright or a patent.

 

B. Why trademarks are important.

Trademarks are important because they help to prevent confusion in the marketplace by distinguishing one company’s products and services from the products and services of another. For example, when a user sees the Cert-A-Roof mark on the Cert-A-Roof server, the user understands that Cert-A-Roof has either created or endorsed that product, and that the product is subject to the quality control standards of Cert-A-Roof for that product. If anyone other than Cert-A-Roof or one of its authorized partners or licensees were to use one of the Cert-A-Roof Marks to promote a software application or tool, users could be misled into thinking that the unauthorized person’s products or services were created or endorsed by Cert-A-Roof or that those products or services met the quality control standards of Cert-A-Roof .

 

C. Trademarks and the SPL License.

The Cert-A-Roof Public License (the “CPL”) is one of the ways by which Cert-A-Roof distributes the Cert-A-Roof server. The CPL permits third parties to use and redistribute the underlying software under certain circumstances. Such use and/or redistribution of Cert-A-Roof software products are much welcomed by Cert-A-Roof , but should be distinguished from the use of the Cert-A-Roof Marks. The CPL does not provide any license or right to use any Cert-A-Roof Mark in any form or media. Thus, although a CPL licensee may redistribute the underlying software, a SPL licensee may not use any Cert-A-Roof Mark in doing so without the express prior written permission of Cert-A-Roof Otherwise, users could be misled into thinking that revisions made by a CPL licensee were created or endorsed by Cert-A-Roof , or that those revisions met the quality control standards of Cert-A-Roof .

 

D. To whom does this Trademark Policy apply?

This Trademark Policy applies to all of Cert-A-Roof’s authorized partners, authorized resellers, licensees, customers, and users of Cert-A-Roof ‘s products and services, or products that incorporate Cert-A-Roof ‘s products or services, as well as other third parties who wish to use the Cert-A-Roof Marks (referred to as “Third Parties” or “you”). However, except as expressly provided in Section 1(A) below, this Trademark Policy does not constitute a license, implied or otherwise, to use any Cert-A-Roof Mark or the Cert-A-Roof company name. Although we encourage use of the Cert-A-Roof “Conditional use logos” as provided in Section 1(A) above, generally, no person or entity may use any Cert-A-Roof Mark without the prior, express written permission of Cert-A-Roof . By adhering to this Trademark Policy, you help Cert-A-Roof to prevent confusion in the marketplace and to protect and enhance the value and integrity of its Marks. Cert-A-Roof appreciates your cooperation in this effort.

 

5. Miscellaneous.

 

A. Third Party Licensors.

Some Cert-A-Roof products include technology used under license from third party licensors. You must not use any such third party trademark without express permission from the owner. This Trademark Policy is limited to Cert-A-Roof Marks and does not apply to marks owned by third parties.

 

B. Possible Infringements.

Please report any possible infringement and/or misuse of any Cert-A-Roof Mark and/or a violation of this Trademark Policy at certaroof.info@gmail.com.

 

6. Questions, Comments and Reports of Misuse.

 

Please contact Cert-A-Roof at email address certaroof.info@gmail.com.

 

Last modified: January 20, 2012

 

 

Content taken from: “Trademark Information | Open Source Business & Social CRM – SugarCRM.” CRM Open Source Business & Social CRM Software – SugarCRM. SugarCRM Inc., 28 Aug. 2007. Web. 20 Jan. 2012. <http://www.sugarcrm.com/crm/trademark-information.html>.