These Trademark and Logo Usage Guidelines ("Guidelines") set forth the rules established by Hobie Brands International, L.C., Hobie Cat Company, and its affiliates ("Hobie") for using or referring to Hobie's brands, trademarks, product and service names, logos and slogans (collectively, the "Hobie Trademark(s)"). A complete list of all of the Hobie Trademarks is available at https://www.hobie.com/ip/. They apply to all Hobie companies and affiliates worldwide and to various business partners of Hobie who may be authorized by Hobie to use any of the Hobie Trademarks in connection with their activities on behalf of Hobie (e.g., resellers, developers, customers, advertising agencies, consultants, professional writers and editors, licensees and other third parties making reference to Hobie Trademarks). Hobie reserves the right to modify these Guidelines as it deems necessary or appropriate, including by written agreement or license with third parties.
If you are a party to an agreement with Hobie, you may be subject to additional restrictions. For example, if you are an authorized reseller of Hobie products and have been provided with special trademark usage guidelines with your agreement, please follow those guidelines. If your agreement with Hobie does not provide usage guidelines, then follow these Guidelines.
Hobie considers its trademarks to be an important part of the brand identity for the entire company, and it is important that such trademarks not be altered in any way. In order to ensure that Hobie maintains consistent brand recognition, we require that all our companies, affiliates, and business partners adhere to the Guidelines when using the Hobie Trademarks.
I. Rules of Proper Trademark Use
A. Hobie Trademarks Should be Used as Adjectives and Never as Nouns
Every Hobie Trademark should be followed by an appropriate noun consisting of the Hobie product or service that is branded with the mark. Hobie Trademarks are adjectives and may not be used as nouns, or alone as a shorthand way of identifying a product or service. Hobie Trademarks should be used as an adjective describing a product or service of Hobie. Examples of proper use are as follows: Hobie Cat® sailboat, Hobie? regatta, Mirage Eclipse® pedal board, Mirage® pedal kayak, MirageDrive® propulsion system. The only exception to this requirement is when the "Hobie" name is used as our company name as opposed to an identifier of one of our products or services (see Guidelines I.C. below).
B. No Possessives, Plurals, Verbs, or Puns
Hobie 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.
C. Use of Name of Company
The "Hobie" name is not only a trademark used to identify our products and services, it also serves as our company name. When using the "Hobie" name as a reference to the company, "Hobie" may be used as a noun and no ™ or ® symbol is needed. For example, the sentence "Hobie announced a new line of products" would be an appropriate use.
D. Use Proper Trademark Attribution – Symbols and Legends
Trademark ownership is attributed in two ways, with the use of a trademark symbol (™ or ®) after the trademark, and with a trademark legend, usually found at the end of a document in legible text following the copyright notice. Assuming that your company has the right to use a Hobie Trademark, it should always be accompanied by a proper trademark symbol and legend.
1. Trademark Symbols
Assuming you are permitted to use a Hobie Trademark, please make sure to attribute the mark with the proper symbol. Always use the ® symbol with the Hobie Trademark logo. Use of the appropriate symbols depends upon the registration status of the mark. The ® symbol should appear with a mark that has been registered with the United States Patent and Trademark Office or the trademark office of another country; ™ may appear after an unregistered mark that is used on either goods or services; and ? may appear after an unregistered mark that is used specifically in connection with services. The appropriate trademark notice should appear in superscript format (™, ?, ®) following the mark. Trademark symbols should be used with Hobie Trademarks as follows:
a) On products, product labels, and packaging; use an appropriate symbol in each prominent use of the trademark. b) 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 body copy. c) Always use the appropriate symbol incorporated into any of Hobie Trademark logos.
2. Trademark Legends
The trademark legend is the legal text that identifies Hobie’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 Hobie that indicates otherwise, use the Hobie legend in any material referencing more than one Hobie Trademark. Please note that third-party licensees will often be legally obligated by license to use a Hobie Trademark legend that also indicates that the Hobie Trademarks are used under license.
[Describe all Hobie Trademarks, logos, product names, service names, program names, and slogans that are referred to or displayed] are trademarks or registered trademarks of Hobie Brands International, L.C. in the United States and other countries.
E. Use of Hobie’s Logos
Even when accurately describing a relationship with Hobie or support of products or services of Hobie, third parties should not assume that they have the right to use any Hobie logo except as specifically provided by a license or other written agreement with Hobie.
Resellers of Hobie products may never alter or modify the Hobie corporate logo or Hobie Trademarks that are affixed to or appear on the Hobie products they resell. Similarly, re-logoing (replacing a Hobie Trademark with the reseller's logo or mark) and co-logoing (adding the reseller's logo or mark to the Hobie product) are not permitted in the absence of a written agreement with Hobie.
II. Additional Information
A. Use of Hobie Trademarks Must be Approved and Authorized by Hobie
Hobie business partners, licensees and other third parties may only use Hobie Trademarks in a manner that has been approved and authorized by Hobie in writing by an authorized representative of Hobie. In addition to the other provisions set forth in these Guidelines, third parties must comply with the terms of any written agreement between them and Hobie and the rules set forth in the Hobie Trademark Use Policy available at https://www.hobie.com/ip/
B. Use of Hobie Trademarks on Websites and Domain Names
Third parties are permitted to use Hobie Trademarks on websites as long as the content of the website meets all of these Guidelines and the content on the website is not misleading or likely to cause confusion. Third parties are prohibited from incorporating the Hobie Trademarks in the meta-tags for their websites or in any domain name. In addition to the other provisions set forth in these Guidelines, third parties must comply with the terms of any written agreement between them and Hobie and the rules set forth in the Hobie Web Usage Policy available at https://www.hobie.com/ip/
C. Promptly Report Suspected Infringement
Please report any infringement of Hobie Trademarks to Tricia Tarkington at [email protected] Please provide as much detail as possible regarding the identity of the possible infringer as well as the suspected infringing use.
D. Logo Artwork
For information on logo artwork, including Hobie corporate colors and instructions on use of Hobie logos on various background and in various formats, or have any other questions regarding logo usage, contact the Hobie Intellectual Property Department in the manner described below.
Any questions regarding these Guidelines or any other aspect of using Hobie’s Trademarks should be directed to the Intellectual Property Department at the following address:
Hobie Cat Company
ATTN: Intellectual Property Department
4925 Oceanside Blvd.
Oceanside, CA 92056