Idera Trademark Usage Guidelines and Abuse Policy

Published: January 24, 2004
Updated: December 19, 2019

Idera, Inc. and its subsidiaries (a comprehensive list of all Idera’s subsidiaries is available at https://www.ideracorp.com/brands) (collectively, the “Company”) owns certain products, services, and web content, including images, text, and software downloads (collectively, "Products and Services"). The Company Products and Services also include trademarks, and copyrighted materials that is owned by our vendors, who have given us permission to use these materials in our Products and Services. We reserve the right to change these Usage Guidelines (as defined below) at any time and solely at our discretion.

This means that, unless the Company or one of its subsidiaries explicitly gives you permission to use the Company Trademark (as defined below) pursuant to a written license agreement or the Company otherwise licenses you in writing to use its Trademarks (defined below), you may not copy, use, modify, distribute, display or license any Company Trademark (as defined below). If you have been properly authorized to use any Company Trademarks then your use of such Trademarks is subject to your full compliance with the terms of this abuse policy ("Abuse Policy") and any usage guidelines published by the Company or its subsidiaries from time to time ("Usage Guidelines"). These Usage Guidelines should be followed along with the Website Terms of Use, License Agreement, logo download and marks usage and all the Company’s policies posted on the Company’s website or otherwise.

You agree that the Company owns and shall continue to own all right, title, and interest in and to the Company Trademarks (defined below), including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. The requirements set forth in these Usage Guidelines are general. Authorized partners and licensees may be subject to additional restrictions that are not set forth in these Usage Guidelines. If you are a partner or a licensee of the Company, please consult your agreement for specific requirements applicable to your use of our Trademarks. In the event of a conflict between the applicable agreement and these Usage Guidelines, the terms of the agreement will control.

Trademarks

The Company and its subsidiaries own many valuable trademarks worldwide that represent the Company, its subsidiaries and the Products and Services. The Company invests heavily in its trademarks to benefit customers and industry partners and the strength of our Trademarks depends, in part, upon consistent and appropriate use. We ask that you properly use and credit our Trademarks in accordance with this Usage Guidelines.

Trademark Licensing

The Company will make available many of its valuable Trademarks for licensing development opportunities where it makes sense from a brand and business perspective. While the Company retains some of its Trademarks solely for use on its software products and services, including, the Products and Services, there are opportunities for third parties to license some the Company Trademarks, both on a royalty and non-royalty basis. If you have a commercial trademark licensing proposal or any question about the usage of the Company Trademarks, please submit an e-mail to [email protected]. Please include the word Trademark in the subject line of your message.

The Company does not permit or consent to any name, logo, trademark, or other symbol or device that could be confused with or dilute its Trademarks.

Trademark Abuse Policy

The Company considers its trademarks and service marks to be among its most valuable intellectual property assets. As such, the Company intends to take all appropriate measures to preserve the strength of and retain its exclusive rights to use its marks. The Company asks that you assist us by following these Usage Guidelines. If you have any questions about the Usage Guidelines, please direct them to [email protected].

1. Do not use the Company Trademarks as the name of your Company, products or services, as a domain name, email address, or social media profile. You may not use or register in any jurisdiction, whether foreign or domestic, any Company Trademark as all or part of your company, product, or service name in a manner that is likely to create confusion as to the Company sponsorship, affiliation or endorsement of your company, product, or service, or that may dilute the Company Trademark. Similarly, you may not use or register in any jurisdiction, whether foreign or domestic, a domain name, email address, or social media profile or name that incorporates any Company Trademark in bad faith or in a manner that is likely to create confusion as to the Company’s sponsorship, affiliation or endorsement of your company, product, or service.
2. Do not use the Company Trademarks in false or misleading advertising. Advertising for the Company or its products or services offered under the Company Trademarks must not be false or misleading in any way and must not be in violation of any applicable law, municipal ordinance, or administrative agency regulation of any country.
3. Do not use the Company Trademarks in objectionable material. You may not use the Company Trademarks on or in connection with, in the Company’s sole discretion, any defamatory,, scandalous, pornographic, or other objectionable materials of any sort.
4. Do not use the Company Trademarks to disparage the Company. You may not use the Company Trademarks to disparage the Company, its products or services, or in a manner that, in the Company’s judgment, may diminish or otherwise damage the reputation of the Company or the goodwill in the Company Trademarks.
5. Do not use the Company Trademarks as AdWords. You may not use the Company Trademarks as or in connection with Google AdWords, AdWords Express or any other similar online advertising service.

Permissible Uses of the Company Trademarks

1. Use the Company Trademarks to refer to the Company’s Products or Services. With the exception of the Company logos (the use of which must be expressly authorized by the Company), you generally may use the Company Trademarks to refer to the Company’s products or services in advertising, promotional, and sales materials, provided that you have the necessary authority to sell or promote the Company’s products or services, e.g. authorized reseller, licensee, etc.
2. Use the Company Trademarks to indicate a relationship to the Company Products. You may indicate the relationship of your products and services to the Company’s products or services by using an accurate referential phrase in connection with your product or service, for example, “for use with the Company’s software” or “compatible with the Company’s software” provided that: (a) the Company Trademark appears less prominent than the product or service name; (b) the Company Trademark is not a part of or incorporated in your product or service name; and (c) the referential phrase is accurate and complies with the requirements set forth in any license agreement with the Company.
3. Use the Company Trademarks in Publications, Seminars, and Conferences. You may display or refer to the Company word marks in the titles or subject matter of books, magazines, periodicals, seminars, and conferences, subject to the following requirements:
   • Your use adheres to these guidelines;
   • The use of the Company word mark is necessary because it is germane to the subject matter of the publication, seminar, or conference;
   • The use does not damage the Company’s reputation or goodwill in its marks and reflects positively on the Company, its products and technology;
   • Your name, logo, trademarks, or trade name are displayed more prominently than the Company word mark on all of your printed materials in connection with the publication, seminar, or conference;
   • You conspicuously disclaim any and all sponsorship, affiliation, or endorsement by the Company, on all publications and/or printed material in connection with the publication, seminar, or conference in the following format: “[Title] is an independent [publication, seminar, or conference] with no affiliation to, nor authorized, sponsored or otherwise approved by the Company.”
   • You must provide a trademark attribution notice in the credit section providing notice that the Company is the owner of its trademark(s).

Rules for Proper Usage of the Company Trademarks

Proper usage of the Company Trademarks is important for their continued protection. Proper usage aids consumers who depend upon the Company’s goods and services and helps prevent the Company Trademarks form losing their distinctiveness and becoming generic. Licensees of the Company Trademarks may have different rules of usage set forth in their license agreement, in which case Licensees should follow those guidelines.

1. Set the Company Trademarks apart from surrounding text. When the Company Trademark is used in a non-stylized form, such as in the body text of an advertisement, it should be set apart and distinguished from the other words in the text. In order to do this, the Company Trademark may be rendered in boldface type, italics, capital letters, underscored, or set in quotation marks. For example:
   • Correct – A variety of resellers and distributors sell RAD Studio™ software.
   • Incorrect – A variety of resellers and distributors sell rad studio software.
2. Use the Company Trademarks as adjectives. Trademarks are adjectives and should be followed by the generic term they modify, such as “software” or “product”. Never use a trademark as a noun, a verb, or in the possessive form.
   • Correct – Design fast, integrated design and development for modern apps with RAD Studio™.
   • Incorrect - RAD Studio™ allows a fast integrated design and development for modern apps.
3. Do not abbreviate or alter the spelling of the Company Trademarks. You should not vary the appearance of the Company Trademarks by abbreviating them, incorporating them into acronyms, changing their spelling, or using improper capitalization. The Company Trademark list provides the proper spelling and capitalization for each trademark.
   • Correct - RAD Studio™
   • Incorrect – RADS or Radstudio or radStudio
4. Use the proper Trademark symbol. The Company Trademark should appear with the proper trademark symbol, which can be found on the Company Trademark List. In written materials, the appropriate symbol must be used with the first or most prominent appearance of the Company Trademark in headlines and the first time the Company Trademark appears in body text. This appropriate symbol also should be used on each subsequent page if the topic is different or if the pages can be separated and distributed independently. If the materials, product packaging, or web page includes a properly licensed Company logo, which already includes the appropriate trademark symbol, it is not necessary to include a trademark symbol after the Company brand.
5. Use the proper Trademark attribution statement. All marketing collateral, advertisements, product packaging, web pages, manuals, and studies that include the Company Trademarks also must include the proper trademark attribution statement crediting ownership of the Company Trademarks to the Company. Typically, the attribution statement is displayed at the end of the material, in the footer of the document, or on the back of the package. The correct trademark attribution statement is:
   • The Company, [add trademarks found on the Company Trademark List that are referred to or displayed in the document] [is/are] trademark[s] or registered trademark[s] of the Company or its affiliates in the U.S. and other countries. Other names may be trademarks of their respective owners.

Usage Rules for the Company as a Trade Name

The “Company” name functions not only as a trademark mark and service mark identifying goods and services offered by the Company, but also as a trade name or company name referring to the Company as an entity (for example, company name referring to Embarcadero Technologies, Inc.). Trade names are nouns and, therefore, should not be followed by a generic descriptor and may be used in the possessive form. When used as a trade name, for example "Embarcadero" should not be followed by a trademark symbol. Within documents, the first reference to the trade or company name should be the Company full legal name (for example, Embarcadero Technologies, Inc.) "Embarcadero" can be used for subsequent references.

Usage Rules for the Company Logos

You may not use any Company logo unless you have an agreement with or express written consent from the Company authorizing such use. In the event that you are authorized to use a Company logo, the use must comply with these additional guidelines (or the usage guidelines set forth in your license agreement, if those guidelines differ).

1. Use only the approved master artwork. The Company logos are single, standalone pieces of artwork. When reproducing the logos, use only the master artwork provided by the Company. Do not alter or distort the appearance of the logo in anyway, for example, by adding your own design elements or colors or changing the font. The logo must always look sharp, clean, and well produced.
2. Allow a minimum clear space around the Company Logo. Always allow for a minimum clear space around the Company logo. Never violate the clear space with any graphic elements, words or charts.
3. Maintain legibility. Never reproduce the logo in a manner that causes the logo to become illegible or blurry, which may happen if the logo is reproduced too small.
4. Do not use the Company Logos as a decorative device. Do not use any Company logos for purely decorative purposes in any marketing collateral, packaging, or web site without the express written permission of the Company.

Misuse of the Company Trademarks by others

If you learn of any uses of any logos, icons, or images that are confusingly similar to the Company Trademarks, please notify the Company by sending an e-mail to [email protected]. Similarly, if you become aware of any use of the Company Trademark that violates any of the rules described above, including failure to identify Company Trademarks, please notify us at [email protected] or complete the form available in the Report the use of Unlicensed Software link. If possible, please provide a copy of the article or other medium in which the trademark violation appeared.

For More Information

If you have a question about any the Company Trademark or this Abuse Policy or you are considering the usage of an the Company Trademark, please email [email protected]. If you have a trademark or copyright question pertaining to an existing agreement or other business dealings with the Company, please contact your account manager or the Company business contact.