Trademark Use Policy

Trademark Use Policy

TOTAL NUTRITION TECHNOLOGY TRADEMARK AND LOGO USAGE REQUIREMENTS

Preface

Trademark and Logo Usage Requirements (“Usage Requirements”) set forth TOTAL NUTRITION TECHNOLOGY, Inc brands, trademark, logos and slogans. They apply to all Total Nutrition Technology’s organizations worldwide and to TOTAL NUTRITION TECHNOLOGY resellers, distributors, customers, advertising agencies, consultants, professional writers and editors, licensees and other third parties making reference to TOTAL NUTRITION TECHNOLOGY trademarks. TOTAL NUTRITION TECHNOLOGY reserves the right to modify these Usage Requirements as it deems necessary or appropriate, including by written agreement or license with third parties.

Rules of Proper Trademark Use

• Use of TOTAL NUTRITION TECHNOLOGY Trademarks as Adjectives, Never as Nouns

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

• NO possessives, plurals, verbs or puns

TOTAL NUTRITION TECHNOLOGY 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.

• Proper Trademark Attribution: Symbols and Legends

Trademark ownership is attributed in two ways, with the use of a trademark symbol (™ or ®) after the following 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 an TOTAL NUTRITION TECHNOLOGY trademark.

• Trademark Symbols:

Assuming you are permitted to use a TOTAL NUTRITION TECHNOLOGY trademark, please make sure to attribute the mark with the proper symbol. Always use the ™ symbol immediately after the trademark. Trademark symbols should be used on TOTAL NUTRITION TECHNOLOGY trademarks as follows:

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

• 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 the body copy.

• Always use the appropriate symbol incorporated into any of TOTAL NUTRITION TECHNOLOGY’s logos.

•   Trademark Legends:

The trademark legend is the legal text that identifies TOTAL NUTRITION TECHNOLOGY’s 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 TOTAL NUTRITION TECHNOLOGY that indicates otherwise, use the TOTAL NUTRITION TECHNOLOGY legend in any material referencing any TOTAL NUTRITION TECHNOLOGY trademark. Please note that third party licensees will often be legally obligated by license to use an TOTAL NUTRITION TECHNOLOGY trademark legend that also indicates that the TOTAL NUTRITION TECHNOLOGY trademarks are used under license.

• Use of TOTAL NUTRITION TECHNOLOGY Logos

• General Rule: Do not assume you are permitted to use TOTAL NUTRITION TECHNOLOGY logos.

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

• No Re-Logoing, Co-Logoing or Logo Removal Resellers of TOTAL NUTRITION TECHNOLOGY products may never alter or modify the TOTAL NUTRITION TECHNOLOGY corporate logo or TOTAL NUTRITION TECHNOLOGY trademarks that are affixed to or appear on the TOTAL NUTRITION TECHNOLOGY products they resell. Similarly, re-logoing (replacing a TOTAL NUTRITION TECHNOLOGY trademark with the reseller’s logo or mark) and co-logoing (adding the reseller’s logo or mark to the TOTAL NUTRITION TECHNOLOGY product) are not permitted in the absence of a written agreement with TOTAL NUTRITION TECHNOLOGY.

• Use of TOTAL NUTRITION TECHNOLOGY Trade Dress by Third Parties Prohibited

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

• Use of TOTAL NUTRITION TECHNOLOGY Trademarks with Non-TOTAL NUTRITION TECHNOLOGY Goods or Services or with unauthorized use of TOTAL NUTRITION TECHNOLOGY Trademarks

Only certain, approved uses of a TOTAL NUTRITION TECHNOLOGY trademarks may be made by TOTAL NUTRITION TECHNOLOGY 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 TOTAL NUTRITION TECHNOLOGY trademark logo in association with a third party product or service.

• No Use of TOTAL NUTRITION TECHNOLOGY Marks in Non-TOTAL NUTRITION TECHNOLOGY Company, Product, or Service Names.

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

• Do Not Adopt Any Marks or Names That Are Confusingly Similar to a TOTAL NUTRITION TECHNOLOGY Trademark

Unauthorized use of TOTAL NUTRITION TECHNOLOGY trademarks or of marks that are confusingly similar to TOTAL NUTRITION TECHNOLOGY trademarks may constitute an infringement of TOTAL NUTRITION TECHNOLOGY’s trademark rights.

• Do Not Attempt to Claim Rights in TOTAL NUTRITION TECHNOLOGY Trademarks.

Third parties may not state or suggest that they have, or are claiming rights, in any TOTAL NUTRITION TECHNOLOGY trademark.

• Make the Source Clear.

When third parties use TOTAL NUTRITION TECHNOLOGY 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 TOTAL NUTRITION TECHNOLOGY is the source or has approved of the use of the trademarks in connection with publications, products, services, trade shows, conferences, or expos.

• Permitted Descriptive Use of the TOTAL NUTRITION TECHNOLOGY Trademarks on Web Sites and Domain Names

Third parties are permitted to use TOTAL NUTRITION TECHNOLOGY trademarks on web sites or in domain names as long as:

• The content of the website meets all of these Usage Requirements;

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

• The use meets the following additional standards:

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

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

• 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.

 

How to reach TOTAL NUTRITION TECHNOLOGY’s Marketing & Brands Legal Department

TOTAL NUTRITION TECHNOLOGY

Legal Department

10130 Mallard Creek Drive

Suite 300

Charlotte, NC 28262