Trademark Usage Requirements

Introduction

"WAP Forum™", "W@P Certified™", and "W@P™" and all trademarks, service marks, and logos based on these designations ("Trademarks") are marks of Wireless Application Protocol Forum Ltd. (the "WAP Forum™") and are the subject of registrations and pending applications throughout the world. The Trademarks may be used by other organizations or individuals only as set forth under these Trademark Usage Requirements.

Allowed Usage of "W@P Certified™" Trademark

Members and non-members of the WAP Forum™ may use the "W@P Certified™" Trademark on products or for services and collateral material associated with such products or services, which have passed the appropriate verification or certification tests and only after first entering into the license agreement governing use of the "W@P Certified™" Trademark (the "License Agreement"). No other usage of the "W@P Certified™" Trademark is permitted without the prior written consent of the WAP Forum™. Irrespective of whether such product or services have passed the certification tests, the term "WAP Certified™" may never be used.

Allowed Usage of "W@P™" Trademark

The "W@P™" Trademark may only be used in combination with approved secondary words, as detailed below, and may never be used alone.

Only members, affiliates of members of the WAP Forum™ and resellers of the WAP Forum™ members' products (collectively "WAP Forum™ Licensees") may use the "W@P™" Trademark in conjunction with approved secondary words, such as "Exhibit", "Developer", "Forum Member", "Enabled", "Enhanced", "Handy" and "Device" in accordance with the Guide to W@P™ Logo Usage (accessible at this Web site). The preceding list of secondary words is not all-inclusive. Users of the "W@P™" Trademark are encouraged to review other secondary words with the WAP Forum™ ([email protected]) prior to commencing such usage. The WAP Forum™ may, at any time, deny or withdraw permission to usage of secondary words, including approved secondary words if used in a misleading manner, as determined in the WAP Forum's™ sole discretion. An example of a secondary word which may never be used with the "W@P™" Trademark is "compliant".

WAP Forum™ Licensees' products which use secondary words such as "Enabled", "Enhanced", "Handy" and "Device" with the "W@P™" Trademark must contain the WAP Forum™ protocols, as determined in the sole discretion of the WAP Forum™. For information about protocol compliance, WAP Forum™ Licensees are referred to the WAP Technical Specifications which are accessible on this Web site (WAP TECHNICAL). Questions concerning incorporation of the WAP Forum™ protocols within a specific product should be directed to the relevant manufacturer. Should a product labeled with a secondary word, as described above, be determined to be non-complying, the manufacturing or distributing WAP Forum™ Licensee will be considered to be in breach of the Trademark Usage Requirements and subject to penalties provided by the trademark and related laws of the relevant jurisdiction.

All such use permitted under this paragraph must comply with all other terms stated in these Trademark Usage Requirements. No other usage of the "W@P™" Trademark is permitted without the prior written consent of the WAP Forum™.

Allowed Usage of the "WAP Forum™" Trademark

Members and nonmembers of the WAP Forum™ may use the "WAP Forum™" Trademark without entering into a specific license agreement with the WAP Forum™, provided usage is in strict accordance with these Trademark Usage Requirements. No other usage of the "WAP Forum™" Trademark is permitted without the prior written consent of the WAP Forum™.

Trademark Usage Requirements

Use of the Trademarks in any manner, including but not limited to, use in or on product, product packaging, product labels, documentation, advertisements, press releases, signage, trade show materials, marketing materials, collateral, Web pages, letterhead, business cards, or any other materials, must be in strict adherence to these Trademark Usage Requirements.

The WAP Forum™ reserves the right, at any time and without cause, to modify or suspend these Trademark Usage Requirements and withdraw any permission granted hereunder to use any Trademarks. The WAP Forum™ reserves the right to take action against any misuse or unfair, misleading, diluting, or infringing use of the Trademarks.

1. Use of the Trademark Symbol
   
   When you refer to the Trademarks, you should use the TM symbol, unless you receive notice from the WAP Forum™ to use the ® symbol.
   
   The TM (trademark) symbol is placed immediately after the Trademark, either in superscript or subscript. If you do not have the appropriate symbol key in your word processing software, you may use the symbol in parenthetical form, (tm).
   
   Certified Product. Once your product has passed the appropriate verification or certification tests and after you have agreed to the License Agreement, you will be able to download the "W@P Certified™" Trademark, which will have the trademark symbol next to it (either "TM" or "�"). You may not remove this trademark symbol from the "W@P Certified™" Trademark.
   
   Non-Certified Product Complying with WAP Forum™ Protocols. The trademark symbol must appear next the to the "W@P™" Trademark each time it is used with secondary words as permitted under these Trademark Usage Requirements.
   
   Example: W@P(TM) Handy or W@P™ Handy
   
   Specific requirements concerning use of the Trademark Symbol and Legend:
   1. Use the trademark symbol after the "WAP Forum™" Trademark at the first prominent use of the mark in, for example, packaging, promotional brochures, labels, press releases and advertisements, headlines, taglines, and paragraph headings. A trademark symbol is also required upon the first use of the "WAP Forum™" Trademark in any text or body copy, even though the symbol may have already been used in the headline or other prominent use.
      Example: WAP Forum(TM) or WAP Forum™
   2. The trademark symbol for the "W@P Certified™" Trademark and for the "W@P™" Trademark must be used each time these Trademarks are used.
   3. All Trademarks that are used must be attributed in an appropriate trademark legend. The legend may be presented in small print but must be large enough to be legible. The legend generally appears at the end of a document or on the back of a package, but it may be placed elsewhere, for example, the front inside cover of documentation provided that it is obvious and easy to distinguish from the rest of the text. Unless required to use a more specific legend by any license you may have from the WAP Forum™, use the following legend on all materials in or on which the Trademarks appear:
      
      TM: W@P Certified, W@P and WAP Forum are worldwide trademarks or registered trademarks of Wireless Application Protocol Forum Ltd.
      
      
2. Manner of Use of the Trademarks
   
   The guidelines below apply to all uses of the Trademarks in internal communications, as well as external communications.
   
   1. Keep the Trademarks distinct from your own marks and insignia. The Trademarks may not be used as a part of, or in combination with, any domain names, company names, product names, or service names.
   2. Make sure that the Trademarks stand out from any surrounding text, for example by using quotation marks, italics or a different color or type face. Guidance on how the "W@P™" Trademark may be presented is set out below under the heading, "Design of the "W@P™" Trademark".
   3. Approved secondary words (as set forth above) may only be used in advertising, promotional material or other literature to indicate that a particular product contains the WAP Forum™ protocols. Approved secondary words must be reasonably prominent and legible. The secondary word must appear immediately adjacent to the "W@P™" Trademark.
   4. Do not change the spelling of the Trademarks.
   5. Use the Trademarks as an adjective, not a noun.
      For example: use "a W@P Certified™ product"; not "a product like W@P Certified™"
      
   6. Do not use the Trademarks in the plural:
      For example: use "the W@P Certified™ products"; not "2 W@P Certifieds™"
   7. Do not use the Trademarks as a verb:
      For example: use "the [product] meets a WAP Forum™ specification" and not "the [product] has been WAP Forumed™"
   8. Do not use the Trademarks in the possessive:
      For example: use "the W@P Certified™ product" and not "W@P Certified's™ product"
   9. Distinguish the WAP Forum™ company name from the "W@P™" Trademark.
      For example: use "WAP Forum(TM)"; not "Company X is a member of W@P™"
      
      Note: Successful completion of the verification or certification tests, as well as agreeing to the License Agreement, is necessary before using the "W@P Certified™" Trademark as referenced in the examples above. Use of the "W@P™" Trademark must at all times comply with the design requirements, set out below under the heading, "Design of the "W@P™" Trademark".
3. Fair, Descriptive Use of the Trademarks in Publications, Seminars, Trade Shows, and Conferences
   1. Publications and Seminars
      
      If you want to refer to the "WAP Forum™" Trademark in the titles of books, magazines, other publications, or seminars, a prominent space should separate the "WAP Forum™" Trademark from the rest of the title and you should not claim rights in the "WAP Forum™" Trademark portion of the title. You must attribute the "WAP Forum™" Trademark to the WAP Forum™ by using the trademark legend set forth in 1.c. above and you must distinguish the "WAP Forum™" Trademark as discussed above. Your own company tradename, mark or logo should be displayed in a prominent location on all materials relating to the publication or seminar.
      
      The "W@P Certified™" Trademark and the "W@P™" Trademark may not be used in any publications or seminars without the prior written permission of the WAP Forum™.
   2. Trade Shows and Conferences
      
      You may use the "WAP Forum™" Trademark in trade shows and conferences, provided you begin with the sponsor's brand or name, and then follow with the "WAP Forum™" Trademark, for example, "My Company is a member of the WAP Forum™". Include the sponsor's own company name and logo prominently on all materials associated with, or advertising or promoting, the conference. You must attribute the "WAP Forum™" Trademark to the WAP Forum™ by using the trademark legend set forth in 1.c. above and you must distinguish the "WAP Forum™" Trademark as discussed above.
      
      The "W@P Certified™" Trademark and the "W@P™" Trademark may be used in trade shows and conferences only in strict accordance with the terms of these Trademark Usage Requirements and provided you use the trademark legend set forth in 1.c. above. For example, at a trade show, you may display your advertising, promotional material or other literature which has the "W@P Certified™" Trademark, provided your products or services have passed the appropriate verification or certification tests, you have agreed to the License Agreement and are in compliance with these Trademark Usage Requirements.
   3. Do Not Attempt To Claim or Establish Trademark Rights in WAP Forum™, W@P™ or W@P Certified™
      
      Since the above-identified examples of uses of the "WAP Forum™" Trademark are intended merely as a reference to your membership in the WAP Forum™ (and not as a trademark use or form of branding your own products and services with the "WAP Forum™" Trademark), you should not attempt to claim or establish trademark rights in the Trademarks (as defined in the Introduction to these requirements) by incorporating them into the name or title of your publication, seminar, conference, or trade show, except as provided above. Do not register the Trademarks as a part of a trademark, service mark, trade name or doing-business-as name. For illustrative purposes, examples of impermissible uses include RED W@P, FON W@P, QUICK W@P, 3-D W@P and W@PHONES.
4. Fair, Descriptive Use of the "WAP Forum™" Trademark on Web Sites
   
   If the descriptive use guidelines set forth above in Paragraph 3 are followed for Web sites, then use of the "WAP Forum™" Trademark within a Web site will also constitute a fair, descriptive use as long as the following conditions are met:
   1. The use of the "WAP Forum™" Trademark is not misleading or likely to cause confusion as to whether the Web site is sponsored by or affiliated with the WAP Forum™.
   2. The Web site owner does not use the "WAP Forum™" Trademark in any domain names, company names, product names, or service names.
   3. The Web site displays a legal notice that contains the following legend:
      
      TM: The W@P Certified, W@P and WAP Forum marks are worldwide trademarks or registered trademarks of Wireless Application Protocol Forum Ltd. [Insert Web site owner name] is independent of Wireless Application Protocol Forum Ltd.
5. Fair, Descriptive Use of the "W@P Certified"™ and "W@P™" Trademarks on Web Sites
   
   If the descriptive use guidelines set forth above in Paragraph 3 are followed for Web sites, then use of the "W@P Certified™" Trademark within a Web site is allowed by anyone whose product has passed the appropriate verification or certification tests and only after first agreeing to the License Agreement governing use of the "W@P Certified™" Trademark; and use of and "W@P™" Trademark is allowed within a Web site by members, affiliates of members of the WAP Forum™ and resellers of the WAP Forum™ members' products in conjunction with secondary words as, such as "Exhibit", "Developer", "Forum Member", "Enabled", "Enhanced", "Handy" and "Device" in accordance with the Guide to W@P™ Logo Usage and as determined in the sole discretion of the WAP Forum™. These uses will constitute fair, descriptive uses as long as the following conditions are met:
   1. The uses of the "W@P Certified™" Trademark and "W@P™" Trademark are not misleading or likely to cause confusion as to whether the Web site is sponsored by or affiliated with the WAP Forum™.
   2. The Web site owner does not use the "W@P Certified™" Trademark (or the term "W@P Certified") or "W@P™" Trademark in any domain names, company names, product names, or service names.
   3. The Web site displays a legal notice that contains the following legend:
      
      TM: The W@P Certified, W@P and WAP Forum marks are worldwide trademarks or registered trademarks of Wireless Application Protocol Forum Ltd. [Insert Web site owner name] is independent of Wireless Application Protocol Forum Ltd.

Design of the W@P™ Trademark

The graphical design of the "W@P™" Trademark must never be modified. They must be reproduced without distortion and in the same proportion as set forth in the Guide to W@P™ Logo Usage. A summary of the usage requirements is noted below.

1. Color
   
   If color is used, the "W@P™" Trademark may only be printed in the colors and on the backgrounds set out on the WAP Forum™ Web site: (http://www.wapforum.org/wap_logos/index.htm). These usage requirements may be amended from time to time.
   
   
2. Type face
   
   The "W@P™" Trademark may only be printed in the type face, proportions and size set out on the WAP Forum™ Web site: (http://www.wapforum.org/wap_logos/index.htm). These usage requirements may be amended from time to time.
   
   
3. Note
   
   The design requirements stated above do not apply to use of the "W@P™" Trademark in connection with approved secondary words, as discussed above.

Violations of the Trademarks

The WAP Forum™ encourages all users of the Trademarks to help the WAP Forum™ preserve the strength of the Trademarks by reporting any violations of trademark usage to the WAP Forum™ at the e-mail address of [email protected] or the U.S.A. facsimile number of (650) 949-6765.