Usage Guidelines for Almo and
Trademarks and Copyrighted
© 2011 Almo Corporation. All
ALMO counts among its most valuable assets its trademarks and copyrighted
materials. Protection of these intellectual property rights is a priority for
ALMO. These Usage Guidelines for ALMO and Third Party Trademarks and
Copyrighted Materials (“Usage Guidelines”) have been developed to provide
guidance and to answer common questions about proper use of the licensed
trademarks and copyrighted materials.
Prior to using any of ALMO’s trademarks, third party trademarks or
copyrighted materials, please review these Usage Guidelines and Limited License
(“License”). Any usage is strictly governed by the terms and conditions of the
License and the Usage Guidelines.
The status of ALMO’s trademarks, third party trademarks and
copyrighted materials is
continually changing, and it may be necessary to revise the Usage
Guidelines from time to time. You are responsible for assuring that your usage
is in compliance with the most recent Usage Guidelines as set forth on that
site. Trademarks and copyrighted materials must be used in compliance with the
current Usage Guidelines. In event of any questions or if you are uncertain of
the status of any marks or materials, please contact ALMO.
Any use of the licensed trademarks and
copyrighted materials is at your own risk. ALMO does not warrant that use of
ALMO’s trademarks, third party trademarks or copyrighted materials will not
infringe the rights of others.
Please follow the Usage Guidelines carefully and completely. They
are designed to ensure proper usage of ALMO trademarks and third party
trademarks (those that are licensed by third parties to ALMO), and copyrighted
materials. In addition, the Usage Guidelines contain terms and conditions of
the License. You use of the Almo trademarks and third party trademarks and
copyrighted materials constitutes acceptance of the License terms. Any usage
that does not conform to the License provisions is strictly prohibited.
The Usage Guidelines will help you identify the correct formats
for using ALMO and third party trademarks and copyrighted materials, the proper
trademark notices using symbols ® or ™, the proper copyright designation using
the symbol © and the appropriate ownership statement to accompany use of ALMO
and third party trademarks and copyrighted materials.
The Usage Guidelines also provide information related to commonly
asked questions about the proper use of ALMO and third party trademarks and
copyrighted materials. For convenience, the Usage Guidelines reference
trademarks, but the rules apply to service marks as well. A list of trademarks
and copyrighted materials are available in the “Trademarks” section of this
Terms and Conditions
“Advertising and Promotional Materials” means those promotional
materials created or used by Licensee which incorporate the Licensed Trademarks
or Licensed Copyrighted
Materials, whether in print, or electronic format.
“ALMO Copyrighted Materials” means any written Almo materials
containing a copyright designation or otherwise identified as Almo copyrighted
“ALMO Trademarks” means the trademarks owned by Almo and listed in
the “Trademarks” listing of the Usage Guidelines.
“Licensee” or “you” means the third party entity using the Almo
Trademarks and/or Copyrighted Materials in accordance with the provisions of
“Licensed Copyrighted Materials” means the copyrighted materials
used in connection with the products purchased from Almo by Licensee in
connection with its business in accordance with the License.
“Licensed Territory” means the United States of America.
“Licensed Trademarks” means the Almo Trademarks and Third Party
Trademarks used in connection with the products purchased or acquired from Almo
by Licensee in connection with its business in accordance with the License.
“Publication” means any advertising or promotional materials,
including printed materials, billboards, media communications in which Licensed
Trademarks or Copyrighted Material appear.
“Third Party Trademarks” means the Trademarks licensed to ALMO by
third parties listed in the Third Party Trademarks Listing section of the Usage
The License is not an assignment or grant to Licensee of any
right, title or interest in the
Licensed Trademarks and Licensed Copyrighted Materials beyond the
terms and conditions set forth in the License and Usage Guidelines. The License
is personal to Licensee. Licensee may not assign or sublicense the License
without the prior written consent of ALMO. Licensee shall only use the Licensed
Trademarks and Licensed Copyrighted Materials in accordance with the current
Usage Guidelines. Licensee shall check the current Usage Guidelines prior to
using any Licensed Trademarks or Licensed Copyrighted Materials. ALMO may
modify the Usage Guidelines from time to time without prior notice to Licensee.
Licensee may only use the Licensed Trademark and Licensed
Copyrighted Materials in
connection with advertising, promoting and sale of the respective products
purchased or acquired from Almo associated with the trademark or copyrighted
material and in the format and with the notices set forth in the current Usage
Guidelines. Licensee shall only use the Licensed Trademarks and Licensed
Copyrighted Materials in the United States.
Licensee shall ensure that any third party advertising agencies,
public relations firms or others that create or develop any publications,
advertising, product sheets or other written materials which use Licensed
Trademarks and Licensed Copyrighted
Materials comply with the License and the Usage Guidelines.
Licensee will only use Advertising and Promotional Materials that
are of high quality and of such style and appearance as is reasonably necessary
to maintain the substantial goodwill of ALMO and any applicable third party licensors.
The Licensed Trademarks and Licensed Copyrighted Materials shall not be used in
any manner which results in disparagement or misuse of the Licensed Trademarks
or Licensed Copyrighted Materials.
ALMO reserves the right to reject any proposed use of Licensed
Trademarks and Licensed Copyrighted Materials for any reason upon written
notice to Licensee. ALMO may also reject any of the Advertising and Promotional
Materials if, in its sole discretion, ALMO determines such material to be inaccurate,
misleading, inappropriate, unlawful or of poor quality.
Licensee shall use proper trademark notices and ownership
statements with each use of the Licensed Trademarks as set forth in the Usage
Guidelines. Licensee shall not use any Licensed Trademark as part of any name
or mark of Licensee or with any prefix, suffix, or other modifying words,
terms, designs, or symbols, or in any modified form, nor may Licensee use any
Licensed Trademark in connection with the promotion or sale of any unauthorized
services or products or in any manner not expressly authorized in writing by
Licensee shall not register or seek to register any Licensed
Trademark, or any variation thereof, as a trademark, service mark, domain name,
or trade name. Any unauthorized use of the Licensed Trademarks shall constitute
a breach of this License and an infringement of the rights of ALMO and
applicable third parties in and to the Licensed Trademarks.
Licensee shall use proper copyright notices and ownership
statements with each use of the Licensed Copyrighted Materials as set forth in
the Usage Guidelines. Any unauthorized copying, use, adaptation, reproduction,
preparation of derivative works, distribution of copies (whether by sale or
other transfer of ownership, or by rental, lease or lending), or attempts to
recreate all or a portion of the Licensed Copyrighted Materials shall
constitute a breach of this License and an infringement of the rights of ALMO
and applicable third parties in and to the Licensed Copyrighted Materials.
Infringement and Claims
Licensee shall immediately notify ALMO of any actual or apparent
infringement of or
challenges to any use of the Licensed Trademarks or Licensed
Copyrighted Materials, or claim by any person of any rights in any Licensed
Trademark or License Copyrighted
Materials. ALMO shall have the sole discretion to take such action
as it deems appropriate, and the right to control exclusively any settlement,
litigation, arbitration, U.S. Patent and Trademark Office or other
administrative proceeding arising out of any such alleged infringement,
challenge or claim or otherwise relating to any Licensed Trademark or Licensed
Copyrighted Material. Licensee agrees to do such acts and things as may, in the
opinion of ALMO’s counsel, be necessary or advisable to protect and maintain
the interests of ALMO in any litigation or other proceeding or to otherwise
protect and maintain the interests of ALMO in the Licensed Trademarks and
Licensed Copyrighted Materials.
If Licensee breaches any of the terms or provisions of the License
or the Usage Guidelines, including, but not limited to the use of Licensed
Trademarks or Licensed Copyrighted Materials on unauthorized products of
services or any attempt by Licensee to transfer to a third party the rights granted
under the License herein, the License granted shall in all respects cease and
terminate automatically, and Licensee shall have no further rights hereunder.
In the event of a breach by Licensee, ALMO’s rights arising out of or in
connection with any license from ALMO, or existing prior thereto, shall
continue in full force and effect, including ALMO’s right to sue for damages
caused to it by Licensee’s breach.
Licensee shall defend, indemnify and hold ALMO harmless from any
and all claims, losses, damages and expenses, including attorney’s fees and
costs, resulting from Licensee’s use of the Licensed Trademarks and Licensed
Copyrighted Materials or from Licensee’s breach of any of the terms of the License,
regardless of the form of action.
If any legal action is necessary to enforce the terms of the
License, ALMO shall be entitled to reasonable attorney’s fees and expenses in
addition to any other relief granted to ALMO.
No waiver or modification of any of the terms of the License shall
be valid unless it is in
writing. No waiver by either party of a breach hereof or a default
hereunder shall be
deemed a waiver by such party of any subsequent breach or default,
whether of the same or similar nature.
This License and the Usage Guidelines contain the entire
understanding of the parties with respect to use of the Licensed Trademarks and
Licensed Copyrighted Materials and may only be modified in writing.
Almo may terminate the License granted hereunder at any time for
any reason, or for
no reason, by providing written notice to the other party. The
License will terminate immediately in the event of any breach by Licensee of
this License or the Usage Guidelines. When the License is terminated, Licensee
shall immediately discontinue all uses of the Licensed Trademarks and Licensed
Licensee shall not, without prior written consent of ALMO, assign,
pledge, or otherwise transfer the License. The License and any
dispute arising hereunder shall be governed by and construed in accordance with
the law of the Commonwealth of Pennsylvania.
Disclaimer of Warranty
ALMO DISCLAIMS ANY WARRANTIES, EXPRESSED OR
IMPLIED, WITH REGARD TO THE LICENSED TRADEMARKS AND LICENSED COPYRIGHTED
INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES
MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. ANY USE OF
THE LICENSED TRADEMARKS AND LICENSED
COPYRIGHTED MATERIALS BY
LICENSEE IS AT LICENSEE’S OWN RISK.
Proper Trademark Use
ALMO and Third Party Trademarks may be used solely for the
Advertising/Marketing - For use in print advertising, on
billboards, in media communications and other similar or related advertising
venues solely for marketing the products purchased or acquired from Almo.
The list for ALMO Trademarks and Third Party Trademarks shows the
proper content, spelling, capitalization and font for ALMO Trademarks and Third
Trademarks are proper adjectives used to identify and distinguish
the goods and services of one company from those of another. When used in text,
trademarks are set apart from the surrounding text, such as by initial or
entire capitalization, by italicizing it, by using bold face text, by placing
it in quotation marks, by using a different color, font, or typeface or by
other distinguishing features.
All ALMO Trademarks and Third Party Trademarks must be used as they
appear on the trademark list located in the “Trademarks” section of this Usage
Guidelines. Do not vary the spelling, add or delete hyphens (even for normal hyphenation
at the end of a line of text) on any trademark. Trademarks should be followed by
the generic name of the product of service. They never should be used in place
of the generic term for the products or services.
All uses of ALMO
Trademarks must be approved by ALMO prior to any use.
Please send all requests for approval of use of Licensed
Trademarks, along with color
renderings and/or samples of materials, prior to use, to:
Attn: Pam Baldwin
2709 Commerce Way
Philadelphia, PA 19154
Allow a minimum of two (2) weeks for ALMO approval. Once the use
has been approved in writing by ALMO, you may distribute your promotional
materials in accordance with the License and Usage Guidelines. Approval for use
of ALMO Trademarks is only valid for that use and in the approved media.
Licensee must obtain ALMO approval in advance for any subsequent uses of ALMO
Trademark Notice (® or
ALMO Trademarks and Third Party Trademarks should always appear in
a stylized form with the appropriate notice (® or ™). Every Licensee is
required to use the appropriate notice (® or ™) as indicated in the
“Trademarks” section of ALMO’s Web site (www.ALMO.com). Use of the appropriate
trademark notice is important since such notice serves to notify others of trademark
rights being claimed.
An ownership statement must appear when using any ALMO Trademark.
[List of ALMO marks used, whether registered or not, beginning
with “ALMO,” and “the
ALMO logo,” (if used), followed by any other marks in alphabetical
trademarks owned and/or registered by ALMO in the United States
ALMO and the ALMO logo are trademarks owned
and/or registered by ALMO in the United
Additional ownership statements are required if there is use of a
Third Party Trademark.
Refer to the section “Third Party Trademark Requirements” for
details. The ownership
statement need only appear once in each publication. If you have
any questions about
placement of ownership statements, please contact ALMO.
A logo is a graphical design that may include text and other
design elements. ALMO product signatures are logos created to identify products
and technologies that are licensed to certain parties outside of ALMO,
including independent vendors, partners, and customers and delears.
ALMO’s logos are trademarks and must be used in accordance with
these Usage Guidelines. Under no circumstances may you modify, distort, change
color, or add to ALMO’s logos. Use only graphics that have been supplied or
authorized by ALMO.
Third Party Trademark
Refer to the “Third Party Trademarks” section of these Usage
Guidelies for a list of
Third Party Trademarks and requirements for their use. Use of all
Third Party Trademarks is subject to, and licensed ursuant to, any
requirements, guidelines or procedures set out by such Third Parties on their
respective websites governing the use of their trademarks. You are required to
review and comply with all such websites, guidelines and requirements prior to
any use of Third Party Trademarks.
Print Media Applications
Artwork, Logos, Photographs
Acquiring Media Files
Media files for ALMO artwork, logos (typically Adobe® Illustrator®
and Photoshop® software format) are available by request. Please contact Pam
Baldwin (firstname.lastname@example.org) for more information.
Internet Web Media Applications
Artwork, Logos, Photographs
Acquiring Media Files
Media files for ALMO artwork, logos and photographs (GIF - Graphic
Interchange Format, and/or JPEG - Joint Photographic Experts Group, formatted
images optimized for Internet Web use) are available by request.
An ownership statement must appear when using any Licensed
Trademarks on an Internet Web site.
Almo Trademark Listing
Third Party Trademark Listing
Trademark Guidelines Applicable Marks Listing.pdf