Trademark Usage Policy
Immersion’s brands, marks, names, and logos are among the company’s most important and valuable corporate assets. Please refer to our list of Trademarks and Patent Markings.
This Immersion Trademark and Logo Usage Policy is applicable to Immersion Corporation, and all Immersion organizations worldwide (collectively, “Immersion”), and to Immersion resellers, developers, customers, advertising agencies, consultants, professional writers and editors, licensees and to third parties making reference to Immersion Trademarks.
The Immersion Trademark and Logo Usage Policy sets forth the authorized policies for using or referring to Immersion brands, trademarks, product and service names, logos and slogans.
IMMERSION’S TRADEMARK RIGHTS
As the owner of its trademarks, Immersion has the exclusive right to use its trademarks, as well as the right to stop others from using its trademarks improperly or without authorization.
Identification of Immersion products or services is the sole permissible use of Immersion trademarks and logos. The following is a non-exhaustive list of impermissible uses of Immersion trademarks and logos:
- No Immersion trademark or logo may be incorporated into or used as part of a third party’s own logo, company name, product logo or otherwise.
- No Immersion trademark or logo may be used in any way that is likely to be confusing, misleading or deceptive as to the true identity or source of products, services, materials, courses or programs.
- No mark that is misleadingly similar in design or appearance to any Immersion mark or infringes on Immersion trademark rights may be used.
- No Immersion trademark or logo may be used in any manner that is likely to disparage, dilute or negatively affect Immersion’s reputation.
- No Immersion trademark or logo may be used in a way that is likely to imply that the user, its products, or its services are endorsed by, sponsored or affiliated with Immersion, without written permission from Immersion.
Immersion will pursue its legal rights against those who engage in any of the aforementioned activities or any other activities that infringe on Immersion trademark rights.
PROPER USE OF TRADEMARKS AND SYMBOLS
You may refer to Immersion products and services by their associated Immersion trademarks and service marks, so long as such references (a) are truthful, fair, and not misleading, and (b) comply with this Policy.
- Use trademarks only as adjectives. Because trademarks are adjectives rather than nouns or verbs, a trademark may not be used alone. Always use a trademark as an adjective immediately preceding the noun applicable to the product.
Correct: The mobile device is enhanced with TouchSense® technology.
Incorrect: The mobile device is enhanced with TouchSense®.
- When referencing Immersion as a company, the Immersion name may be used as a proper noun. An exception to the “use as an adjective only” rule exists where the reference to Immersion is a reference to the company. The Immersion name may, in that instance, be used as a trade name; no trademark symbol is needed when referring to the company.
Correct: Today, Immersion announced the release of a new product.
- Trademarks may not be used in the plural or the possessive. Because trademarks are not nouns, they must never be used in the plural.
Correct: ActiveFORCE Reference Designs.
- Trademarks must not be used in the possessive.
Correct: The TouchSense® product is an application …
Incorrect: TouchSense®’s product …
- Immersion trademarks may not be shortened, abbreviated or made into acronyms.
Correct: “TouchSense® Product.”
Incorrect: “TS.” and “TchSne.”
PROPER TRADEMARK ATTRIBUTION
Include a trademark notice when referring to a trademark. Place an appropriate trademark notice symbol (® or ™) adjacent to the first and most prominent reference to the trademark. Do not add a space between the trademark name and the symbol. The symbol should be in superscript or subscript. In the absence of those symbols, a parenthetical notation such as (TM) is acceptable.
Correct: Immersion TouchSense® Haptic Enabling Kit for Mobile OEMS
Incorrect: TouchSense Haptic Enabling Kit for Mobile OEMS
Use the appropriate trademark symbol. When referring to Immersion trademarks, use the “™” or “®” symbol in accordance with the status of the particular Immersion product or service. Refer to the webpage entitled “Immersion Trademarks” to determine the correct symbol for the particular trademark being used.
Use the trademark legend. In addition to applying the appropriate symbol to the trademark being used, third parties must attribute all Immersion Trademarks in an appropriate trademark legend. The legend may be printed in small print, however, it must be large enough to be legible. Permissible locations to place the legend include but are not limited to, the end of a document, on the back of a package or on the bottom of a web page.
Use the following standard trademark legend in all material referencing any Immersion trademark:
“Immersion, [insert all other trademarks, product names, service names, program names, etc., that are referred to or displayed in the document] are trademarks or registered trademarks of Immersion Corporation in the United States and other countries.”
USE OF IMMERSION LOGOS
Immersion logos may only be shown independently. A logo may not be used in the context of a written description. Additionally, Immersion logos may only be used in accordance with the Immersion Corporate Style Guide available upon request from your Immersion representative, and as may be amended in Immersion’s sole discretion from time to time
THIRD PARTY USE OF IMMERSION TRADEMARKS
Business affiliates and alliance members of Immersion, licensees, and other third parties are limited to specific, approved uses of Immersion trademarks. Third parties must use Immersion trademarks within the parameters outlined below. Unauthorized or improper use of Immersion trademarks may infringe on Immersion’s trademark rights.
- Immersion trademarks may not be used in third party company or product names without a written trademark license agreement.
- A licensed third party shall not use any other trademark or service mark in close proximity to any of the Immersion Trademarks or combine marks in either case so as to effectively create a unitary composite mark, without the prior written approval of Immersion; provided, however, nothing herein shall prevent such licensed third party from preparing and distributing marketing materials in which the Immersion Trademarks and the licensed third party’s marks appear on the same page or slide as discrete marks. Notwithstanding the foregoing, each use of Immersion’s Trademarks is subject to Immersion’s pre-approval, such approval to be withheld at its sole discretion.
- Prior to publication or release, written approval by Immersion must be received by all third parties of advertising and/or marketing collateral or other materials that use Immersion trademarks or logos. Except as provided within this Policy, Immersion’s third party affiliates may not use any Immersion trademark as part of their own logo or company name or in third party advertising, product packaging, Web site or other promotional materials. As such, neither domain names nor metatags in third party Web sites may use or include Immersion trademarks or logos without Immersion’s advance written consent.Additionally, without Immersion’s advance written consent, third parties may not hyperlink or deeplink to Immersion Web pages, unless the third party provides clear and unmistakable notice that the end user is exiting that Web site and entering the Immersion Web site. The sole circumstance under which deeplinking is permissible is when a need for information on Immersion products, programs, services or technologies exists on the third party Web site.
- Proper references to Immersion products by third parties are permissible. To refer to Immersion products and services, third parties may use Immersion trademarks but only if used properly: Use the trademarks as adjectives and accompany the trademarks with the appropriate trademark symbol and legend. For further guidance, please refer to Section 2 of this policy entitled “Proper Use of Trademarks and Symbols.”
THIRD PARTY USE OF IMMERSION LOGOS
Immersion logos may be used only when licensed from Immersion Corporation. If a company or individual has a valid written license agreement in effect with Immersion, that company or individual must use the logo in accordance with the specifications described in the license agreement. Those guidelines are license-specific, and will not be addressed in this general policy. In the event that the terms of an individual license and this policy conflict, the terms of the individual license shall govern. A logo licensee whose license does not describe limitations on use of the logo should follow the guidelines found in Section 2.
No information contained in this Immersion Trademark and Logo Usage Policy is intended to serve as legal advice. If you have questions regarding your legal rights or duties, please consult your own attorney.
Immersion reserves the right to change this policy at any time, without notice.