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Trademark and Service Mark Usage Guidelines

Introduction

Our trademarks and service marks identify our products so that consumers know they are buying GEM's high-quality products and services. GEM has gained valuable rights by the proper and continuous usage of its trademarks and service marks to identify its goods and services. If such marks are used improperly, their value can become diluted or generic. Properly using our trademarks by following these trademark usage guidelines protects and preserves the value of our marks and the GEM brand.

What is a Trademark and Service Mark?

Trademarks and service marks are words, names, symbols, devices, designs, phrases, sounds or colors adopted and used by GEM to identify its goods and services and to distinguish them from other goods and services. The primary function of a trademark is to indicate the source of goods. It also implies a consistency of quality since it assures the customer that all goods bearing that trademark are of the same quality. Trademarks are usually noted with either a T or a ® symbol. Service marks are usually noted with a SM or a ® symbol. In the United States, a trademark that is noted by a T or a service mark that is noted by a SM, has not been registered with the United States Patent and Trademark Office and a trademark or service mark noted with an ® has been registered with the United States Patent and Trademark Office. Trademarks, however, may also be registered internationally and each country has different laws regarding the proper notation of trademarks.

Referential Trademark and Service Mark Usage

You may use a GEM trademark, service mark or product name to refer specifically to such GEM product or service in marketing and promotional materials, books, conferences, applications, demonstrations, etc. You are permitted to use a GEM trademark referentially provided that:

  • You adhere to these GEM Trademark and Service Mark Usage guidelines.
  • You do not disparage GEM or GEM products and services.
  • You display your name or logo more prominently than any GEM trademark.
  • You include a disclaimer that GEM does not sponsor, affiliate or endorse your product, and/or services.

General Trademark and Service Mark Usage Guidelines

  1. Always spell the trademark correctly. Avoid any variations.

  2. Use appropriate markings. Always capitalize the product name and designate the trademark with the appropriate T or ® symbol. Also, the first usage or most prominent usage of a GEM product name must be used in conjunction with the GEM trademark® and in the same type size, font, color and line.

  3. Always use GEM trademarks as adjectives that describe the generic product. Trademarks are proper adjectives describing a specific thing; therefore, they should be used in conjunction with the noun (generic name) they modify (e.g., GEM, GEMS BUILDINGS ). Since a primary trademark is not a noun, it is not to be pluralized such as "GEMS BUILDINGS".

  4. Do not use any GEM trademark as your trademark, service mark, trade name, domain name, product name, or logo. GEM trademarks identify the goods and services of GEM BUILDINGS. No third-party may use any GEM trademark as their trademark, service mark, trade name, domain name, product name, or logo. You must have your own distinct trademark, service mark, trade name, domain name, product name, or logo that does not include any GEM trademarks. You may, however, referentially use the GEM trademark in connection with your product. Also, you may not use a variation, combination, or abbreviation of a GEM trademark.

  5. Attribute ownership of GEM trademarks to GEM. When you refer to a GEM trademark, please include the following notice of trademark attribution where appropriate, such as on your product, printed materials, and online.
    Example of correct usage:
    "GEM" and/or "BUILD DIFFERENT" are trademarks or registered trademarks of GEM BUILDINGS, INC in the United States and/or other countries."

  6. Avoid using words like "original" or "genuine" in association with the trademark. This implies there may be products of others bearing the same trademark.

Specific Trademark and Service Mark Usage Guidelines

  1. Logos. You may not use any GEM logos (including buttons and graphic symbols) without a trademark license from GEM. All usage of trademark logos shall be pursuant to these guidelines and any other guidelines associated with that logo.

  2. Merchandise items. You may not manufacture, sell, or give away merchandise items, such as T-shirts and mugs, bearing GEM trademarks or logos, except pursuant to an express written trademark license from GEM.

  3. Slogans and taglines. You may not use or imitate a GEM slogan or tagline.

Third Party Trademarks

Third party trademarks, trade names, product names and logos, contained in this website may be the trademarks or registered trademarks of their respective owners.