A trademark is a name, symbol, or other device used to identify or distinguish a company and/or its products and services from those of others. Properly used, a trademark can become and remain the exclusive property of the user, which cannot be used by others in a manner that will cause confusion.
Improper use will damage a trademark by diluting its recognition and capacity to be legally protected. Improper use can also open the door to competitors to benefit from or degrade the equity of a well-established product or service name. Dana trademarks must be properly used to remain our exclusive property.
Advertising and Promotional Materials
In order to present a consistent image of Dana products, we have established the following guidelines for the use of Dana trademarks in advertising and promotional materials:
- Dana trademarks may not be combined or used in close association with trademarks belonging to others.
- Dana trademarks may be used only in the exact form used by Dana on products. Different type styles, for example, are not permitted.
- Dana trademarks may be used only in conjunction with the sale of genuine Dana products. Substitute products from other manufacturers may never be advertised in connection with Dana trademarks.
- Dana trademarks used in advertisements and promotional materials must be those actually used by Dana on the specific products covered in the advertisement or literature. For example, products purchased
- from Dana without the Dana Diamond must not be advertised with the Dana Diamond.
- Dana trademarks may never be used in a way which could mislead the public to believe that the user is part of Dana.
In the U.S., the mere use of a trademark establishes a company’s trademark rights, which are customarily registered with the federal government. Before a name, symbol, or other device becomes registered with the United States government, the TM (trademark) or SM (service mark) symbol may be used. Once it is registered, the ® symbol should be used. Trademarks must be used consistently and continuously to maintain maximum protection in most countries.
In most countries, registration of a trademark lasts 10 years and may be renewed for subsequent 10-year periods as long as the trademark is used with the products for which it was registered.
Whether the trademark is a word or a logo or merely in text form, if it is registered, it should be identified with the ® symbol in order to maintain maximum protection. Throughout these Branding and Identity Standards, the ® symbol will be specified where it is required. Consistent use of these standards is critical to the protection of our legal rights and to maximizing the value of our assets.
Additional Trademark information is available from the International Trademark Association at 212-768-9887 or http://www.inta.org.
Give notice of each trademark’s status (®, TM, or SM) upon first and/or primary reference in each advertisement or document.
Visually distinguish our trademarks through the appropriate display of Logotypes and product descriptors in copy text form, using capitalization, bold, or italics, as shown in these standards.
In text, use trademark names as adjectives followed by the generic names (nouns) of the associated product, for example, Spicer® products.
Trademark names are never to be used in the possessive or plural forms when referring to products. For instance, it is incorrect to use “Spicer’s products” or “Spicers products.”
Whenever possible, applications using Dana trademarks should include a trademark notice. For example, Spicer® is a registered trademark of Dana Corporation. This copy can be placed anywhere on the application, preferably in the closing, and in no smaller than 6-point type. On copyrighted material, this text should follow the copyright notice.
Give similar consideration to the trademarks of other companies:
Jeep® is a registered trademark of Chrysler LLC
Teflon® is a registered trademark of Ei duPont de Neumours & Co.
Copyright law protects original works such as advertising and brochures from being copied. It protects the specific form of the message, but not the message itself. Text, design, dialogue, photography, and other actual expressions used in the promotional format can be protected by a copyright.
For maximum protection of all Dana materials, we should include proper copyright notice on all external advertising, promotional, Web, presentations, and print collateral materials. It is very simple and inexpensive to include a copyright notice in any appropriate application.
To indicate copyright in print material, use a © symbol, year of publication, and name of the entity.
© 2017 Dana Limited
This line, like the trademark notice, can be placed anywhere on the application. Preferably it should be placed in the closing, no smaller than 6-point type.
Any questions regarding trademark or copyright application criteria or guidelines should be directed to the Intellectual Property Department.
In an effort to both save money and avoid any and all legal problems that could arise from the use of copyrighted material, music used for any Dana communications piece (video, PowerPoint, etc.) should be royalty free. Royalty-free music can be purchased from a variety of online sources. Make sure to read each website’s usage rules carefully, since they will differ from site to site.