EM Research Organization, Inc. (“EMRO”) Trademark Guidelines For Third Parties That Use or Refer to EMRO Trademarks
Proper use of the EMRO trademarks is extremely important. EMRO considers the company’s trademarks and the goodwill they represent as among its most valuable assets. EMRO’s trademarks ensure consumers that the products they purchase were created, developed, manufactured and sold by EMRO, and that those products represent the standards of excellence and consistent quality consumers have come to associate with EMRO. As a result, the protection of these marks is a priority for EMRO. These guidelines have been developed for licensees, consultants, distributors, developers, authorized resellers, customers, researchers and other third parties to provide information about the proper use of EMRO trademarks. If you are a licensee, please be sure to consult your agreement with EMRO for any additional or different requirements applicable to your use of the EMRO trademarks. Keep in mind that the status of EMRO’s trademarks is continually changing, and it may be necessary to revise these guidelines from time to time.
Please follow these guidelines carefully. They are designed to ensure proper usage of EMRO trademarks and to prevent consumer confusion that can result from improper or illegal usage. These guidelines will help you identify the correct form for EMRO trademarks, the proper use of the ® and ™ trademark symbols, and the appropriate attribution statement to accompany your use of EMRO trademarks.
The following list of EMRO’s word marks demonstrates the proper marking for use of the marks in print. For a list of EMRO logos or logotypes, please contact an EMRO representative.
- Effective Microorganisms®;
- EM Technology®;
- EM Effective Microorganisms®;
- EM Probiotic®;
- Pro EM·1®;
- EM Super Cera®; and
- EM·X Gold®.
This list is not a comprehensive list of all EMRO trademarks. The absence of a particular trademark, product name, logo or slogan from this list does not constitute a waiver of EMRO’s trademark or other intellectual property rights concerning that trademark, product name, logo or slogan.
Proper Use of EMRO Trademarks
You may use EMRO trademarks (but not logos) to identify EMRO products or services, provided such references are truthful, fair and not misleading as to EMRO’s sponsorship, affiliation or endorsement of your company, your products or your services. In order to use the EMRO trademarks, you must follow all of our trademark guidelines. You may claim, if true, that your product contains an EMRO product by using an appropriate phrase, such as “contains,” “includes” or “made with,” as long as nothing in the manner of use would create consumer confusion about the source or the manufacturer of the product. When doing so, use the proper trademark form, the appropriate trademark symbol(s) and an attribution statement acknowledging EMRO’s ownership of the trademarks, as more fully described below.
Identifying the Proper Trademark Form
Always use the correct spelling and format of EMRO trademarks with the appropriate trademark symbol(s). For a list of EMRO trademarks showing proper content, spelling, capitalization and marking, please contact EMRO directly. When referring to an EMRO product, use the full name of the product at its first and most prominent mention (for example, “EM∙1® Microbial Inoculant” is preferred over simply “EM∙1®”).
Never vary the spelling, add or delete hyphens or other symbols, make one word two, or use a possessive or plural form of the trademark. EMRO trademarks must always be used as adjectives followed by a generic term (such as “Microbial Inoculant” or ”Waste Treatment”), and never as nouns or verbs. The common way to set trademarks apart from other words or nouns is to capitalize the product name and use the appropriate trademark symbol and appropriate descriptor.
Marking With ® or ™
When using EMRO trademarks, use the appropriate trademark symbol on the most prominent or first appearance on the materials on which the trademark is displayed or used. If you are not familiar with the appropriate trademark symbol, please contact an EMRO representative for proper marking requirements. Once marked correctly, it is not normally necessary to mark subsequent appearances of the trademark in the piece. However, every appearance of an EMRO logo, logotype or product name in stylized form should always be marked with the appropriate ® and ™ symbol. If the materials will be distributed only in a certain country or region outside of the United States, please contact your EMRO representative for the appropriate marking information.
Please include an attribution statement (which may appear in small, but still legible, print) when using any EMRO trademarks in any published materials. The statement should read:
“ [List of EMRO marks or logos used] are either registered trademarks or trademarks of EM Research Organization, Inc. in the United States and/or other countries.”
“EM and Effective Microorganisms are either registered trademarks or trademarks of EM Research Organization, Inc. in the United States and/or other countries.”
The attribution statement typically is included along with other legal or regulatory statements, such as a copyright notice, at the bottom of a web page or, if in printed material, at the end of the document or on the copyright page of a book or manual. If it is not feasible to include the attribution statement (and if it is not required by any contract you may have with EMRO), use a general-purpose attribution statement in a form such as this:
“All other trademarks are the property of their respective owners.”
Use of EMRO Trademarks in Third-Party Product Names or Materials
EMRO trademarks may not be used by third parties as part of their company, product, service, domain or trade names without an express written agreement. Licensees, contractors and partners must consult their agreement with EMRO to determine whether and under what circumstances such use of EMRO trademarks may be made.
Under certain circumstances, EMRO trademarks may be used in books or other publications. Publishers of these materials need not obtain express permission from EMRO if the use of EMRO’s trademarks complies with all of the following requirements:
- The EMRO trademarks may not appear larger or more prominent than the rest of the full title of the work;
- The EMRO trademarks may not be used in their logo or stylized form;
- EMRO taglines or slogans may not be used under any circumstances, and no EMRO product or box shots may be used on the work’s cover, advertising, promotional material, or otherwise, without the express written permission of EMRO;
- Proper form, marking and attribution must be used for all EMRO trademarks. They may not be shortened or abbreviated, and must always be spelled and capitalized exactly as set forth in these Guidelines.
- There is nothing in the use of EMRO trademarks that would lead consumers to believe there is an association with or endorsement by EMRO, and the EMRO trademarks are used only to refer to the EMRO products that are the subject of the publication.
- A conspicuous disclaimer is used stating: “This product is not endorsed by, sponsored by or associated with EM Research Organization, Inc.”
Use of EMRO Trademarks Not Permitted
You may not incorporate or include, in whole or in part, any EMRO trademark or product name in your own company name, product names, service names, trademarks, logos or Internet domain names. You may not market any product or service under a name that is confusingly similar to the trademark or name of an EMRO product or service. You may not use any EMRO logo, product name in stylized form or a company slogan or tagline unless you have a specific license or other written permission from EMRO to do so. Unauthorized use of any of EMRO’s intellectual property in any manner is strictly prohibited. You may not copy or imitate EMRO’s trade dress in whole or in part, including the visual vocabulary of the EMRO brand, the look and feel of EMRO product packaging and web properties, the distinctive color combinations and any typography, graphic designs, product icons or imagery associated with EMRO products. You may not use EMRO trademarks in a manner that would disparage or defame EMRO, any of its products or services, or any other person or entity.