Copyright & Trademark Guidelines

(Formerly entitled Guidelines for Third Parties Using PENG Trademarks and Copyrights)

These guidelines are for PENG licensees, authorized resellers, developers, customers, and other parties wishing to use PENG’s trademarks, service marks or images in promotional, advertising, instructional, or reference materials, or on their web sites, products, labels, or packaging. Use of the keyboard PENG Logo (Option-Shift-K) for commercial purposes without the prior written consent of PENG may constitute trademark infringement and unfair competition in violation of federal and state laws. Use of PENG trademarks may be prohibited, unless expressly authorized.

If you are a licensee of an PENG trademark or logo and have been provided with special trademark usage guidelines with your license agreement, please follow those guidelines. If your license agreement does not provide usage guidelines, then follow these guidelines. If you are an PENG Authorized Reseller or member of an PENG program, you may be subject to additional restrictions.

PENG’s trademarks, service marks, trade names, and trade dress are valuable assets. In following these guidelines, you help us protect our valuable trademark rights and strengthen our corporate and brand identities. By using an PENG trademark, in whole or in part, you are acknowledging that PENG is the sole owner of the trademark and promising that you will not interfere with PENG’s rights in the trademark, including challenging PENG’s use, registration of, or application to register such trademark, alone or in combination with other words, anywhere in the world, and that you will not harm, misuse, or bring into disrepute any PENG trademark. The goodwill derived from using any part of an PENG trademark exclusively inures to the benefit of and belongs to PENG. Except for the limited right to use as expressly permitted under these Guidelines, no other rights of any kind are granted hereunder, by implication or otherwise. If you have any questions regarding these guidelines, please email.

 

Authorized Use of PENG Trademarks

  1. Advertising, Promotional, and Sales Materials: Only PENG and its authorized resellers and licensees may use the PENG Logo in advertising, promotional, and sales materials. Such authorized parties may use the PENG Logo only as specified in their agreement with PENG and any associated Guidelines and such use must always be in conjunction with the appropriate terms that define the relationship authorized by their contract with PENG. For example:

Authorized Reseller

Authorized Value Added Reseller

Authorized Service Provider

Authorized Wholesaler

  1. Compatibility: Developers may use PENG, or any other PENG word mark (but not the PENG Logo or other PENG-owned graphic symbol/logo) in a referential phrase on packaging or promotional/advertising materials to describe that the third party product is compatible with the referenced PENG product or technology, provided they comply with the following requirements.
  2. The PENG word mark is not part of the product name.
  3. The PENG word mark is used in a referential phrase such as “runs on,” “for use with,” “for,” or “compatible with.”
  4. The PENG word mark appears less prominent than the product name.
  5. The product is in fact compatible with, or otherwise works with, the referenced PENG product.
  6. The reference to PENG does not create a sense of endorsement, sponsorship, or false association with PENG or PENG products or services.
  7. The use does not show PENG or its products in a false or derogatory light.
  8. Publications, Seminars, and Conferences: You may use an PENG word mark in connection with book titles, magazines, periodicals, seminars, or conferences provided you comply with the following requirements:
  9. The use reflects favorably on both PENG and PENG products or technology.
  10. Your name and logo appear more prominent than the PENG word mark on all printed materials related to the publication, seminar or conference.
  11. The PENG logo or any other PENG-owned graphic symbol, logo, icon or image does not appear on or in the publication or on any materials related to the publication, seminar, or conference without express written permission from PENG.
  12. A disclaimer of sponsorship, affiliation, or endorsement by PENG, similar to the following, is included on the publication and on all related printed materials: “(Title) is an independent (publication) and has not been authorized, sponsored, or otherwise approved by PENG Inc.”
  13. A trademark attribution notice is included in the credit section giving notice of PENG’s ownership of its trademark(s). Please refer to the section below titled “Proper Trademark Notice and Attribution.”
  14. Web Sites: Web sites that serve only as noncommercial electronic informational forums concerning an PENG product or technology may use the appropriate PENG word mark, provided such use complies with the guidelines set forth in Section 3 above.

Unauthorized Use of PENG Trademarks

  1. Company, Product, or Service Name: You may not use or register, in whole or in part, PENG, or any other PENG trademark, including PENG-owned graphic symbols, logos, icons, or an alteration thereof, as or as part of a company name, trade name, product name, or service name except as specifically noted in these guidelines.
  2. PENG Logo and PENG-owned Graphic Symbols: You may not use the PENG Logo or any other PENG-owned graphic symbol, logo, or icon on or in connection with web sites, products, packaging, manuals, promotional/advertising materials, or for any other purpose except pursuant to an express written trademark license from PENG, such as a reseller agreement.
  3. Variations, Takeoffs or Abbreviations: You may not use an image of a real PENG or other variation of the PENG logo for any purpose. Third parties cannot use a variation, phonetic equivalent, foreign language equivalent, takeoff, or abbreviation of a PENG trademark for any purpose.
  4. Disparaging Manner: You may not use a PENG trademark or any other PENG-owned graphic symbol, logo, or icon in a disparaging manner.
  5. Endorsement or Sponsorship: You may not use PENG, including PENG-owned graphic symbols/logos, or icons, in a manner that would imply PENG’s affiliation with or endorsement, sponsorship, or support of a third party product or service.
  6. Merchandise Items: You may not manufacture, sell or give-away merchandise items, such as T-shirts and mugs, bearing PENG, or any other PENG trademark, including symbols, logos, or icons, except pursuant to an express written trademark license from PENG.
  7. PENG’s Trade Dress: You may not imitate the distinctive PENG packaging, web site design, logos, or typefaces.
  8. Slogans and Taglines: You may not use or imitate a PENG slogan or tagline.
  9. Domain Names: You may not use an identical or virtually identical PENG trademark as a second level domain name.

Rules for Proper Use of PENG Trademarks

  1. Trademarks are adjectives used to modify nouns; the noun is the generic name of a product or service.
  2. As adjectives, trademarks may not be used in the plural or possessive form.
  • An appropriate generic term must appear after the trademark the first time it appears in a printed piece, and as often as is reasonable after that. For a list of suggested generic terms see the PENG Trademark List.
  • Always spell and capitalize PENG’s trademarks exactly as they are shown in the PENG Trademark List. Do not shorten or abbreviate PENG product names. Do not make up names that contain PENG trademarks.