Guidelines for Using Spellbinders and/or Hero Arts™ Trademarks and Copyrights
These guidelines are for Spellbinders and/or Hero Arts Custom Product Partners, customers, developers, and other parties wishing to use Spellbinders and/or Hero Arts trademarks, logos, service marks or images ("Marks") in promotional, advertising, instructional, or reference materials, or on their web sites, products, labels, or packaging. Use of Spellbinders and/or Hero Arts' may be prohibited, unless expressly authorized. If you are a licensee of a Spellbinders and/or Hero Arts Marks and have been provided with special trademark usage guidelines with your license agreement, please follow those guidelines. If your agreement does not provide usage guidelines, please follow these guidelines. If you are a Spellbinders and/or Hero Arts Reseller, Custom Product Partner or member of another program, you may be subject to additional restrictions. Spellbinders and/or Hero Arts’ trademarks, 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 Spellbinders and/or Hero Arts Marks, in whole or in part, you are acknowledging and agreeing that:
1. Spellbinders and/or Hero Arts are the sole owners of the Marks.
2. You will not interfere with Spellbinders and/or Hero Arts’ rights in the Mark, including challenging Spellbinders and/or Hero Arts’ use, registration of, or application to register such Marks, alone or in combination with other words, anywhere in the world.
3. You will not harm, misuse, or bring into disrepute any Spellbinders and/or Hero Arts Marks. The goodwill derived from using any part of a Spellbinders and/or Hero Arts Mark exclusively inures to the benefit of and belongs to Spellbinders and/or Hero Arts. 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 contact Spellbinders and/or Hero Arts directly by sending an email to customersupport@Spellbinders and/or Hero Arts.us or calling (888) 546-0400.
Authorized Use of Spellbinders and/or Hero Arts Trademarks
1. Advertising, Promotional, and Sales Materials: Only Spellbinders and/or Hero Arts and its customers and licensees may use the Spellbinders and/or Hero Arts Marks, including the Spellbinders and/or Hero Arts Logo, in advertising, promotional, and sales materials. Spellbinders and/or Hero Arts licensees and customers only may use the Spellbinders and/or Hero Arts Marks, however, with written consent of Spellbinders and/or Hero Arts and such use must always be in conjunction with the terms that define the relationship authorized by their contract with Spellbinders and/or Hero Arts.
2. Compatibility: Compatible Product Manufacturers (i.e. stamp companies) may use Spellbinders and/or Hero Arts, SPELLBINDERS AND/OR HERO ARTS, word marks (but not the Spellbinders and/or Hero Arts Logo or other owned graphic symbol/logos) in a referential phrase on packaging or promotional/advertising materials to describe that the product is compatible with the referenced Spellbinders and/or Hero Arts products or technology, provided they comply with the following requirements:
a. The SPELLBINDERS AND/OR HERO ARTS word mark is not part of the product name.
b. The SPELLBINDERS AND/OR HERO ARTS word mark is used in a referential phrase such as “matches,” “for use with,” “for,” or “compatible with.”
c. The SPELLBINDERS AND/OR HERO ARTS word mark appears less prominent than the product name.
d. The product is in fact compatible with, or otherwise works with, the referenced Spellbinders and/or Hero Arts product.
e. The reference to SPELLBINDERS AND/OR HERO ARTS does not create a sense of endorsement, sponsorship, or false association with Spellbinders and/or Hero Arts products or services. Trademarks and logos should not be presented in any manner potentially creating confusion of endorsement or affiliation for a consumer.
f. The use does not show Spellbinders and/or Hero Arts or their products in a false or derogatory light.
3. Publications, Seminars, and Conferences: You may use a Spellbinders and/or Hero Arts word marks in connection with book titles, magazines, periodicals, workshops, or classes provided you comply with the following requirements:
a. The use is referential and less prominent than the rest of the title. Acceptable: XYZ STAMPING CLASS using Spellbinders and/or Hero Arts™ Nestabilities® Die Templates.
b. The use reflects favorably on both Spellbinders and/or Hero Arts products or technology.
c. Your name and logo appear more prominent than the Spellbinders and/or Hero Arts word marks on all printed materials related to the publication, seminar or conference.
d. The Spellbinders and/or Hero Arts or any other Spellbinders and/or Hero Arts 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 Spellbinders and/or Hero Arts.
e. A disclaimer of sponsorship, affiliation, or endorsement by Spellbinders and/or Hero Arts 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 Spellbinders and/or Hero Arts Paper Arts Co., LLC.”
f. A trademark attribution notice is included in the credit section giving notice of Spellbinders and/or Hero Arts’ ownership of its trademark(s). Please refer to the section below titled “Proper Trademark Notice and Attribution.”
4. Web Sites: Web sites that serve as noncommercial electronic informational forums concerning a Spellbinders and/or Hero Arts product or technology or serve as a commercial forum featuring products intended for use with or custom products supplied by Spellbinders and/or Hero Arts may use the appropriate Spellbinders and/or Hero Arts word mark provided such use complies with the guidelines set forth in Section 3 above.
Unauthorized Use of Spellbinders and/or Hero Arts Trademark or Copyrights
1. Company, Product, or Service Name: You may not use or register, in whole or in part, Spellbinders and/or Hero Arts, Nestabilities®, Shapeabilities®, Borderabilities®, or any other Spellbinders and/or Hero Arts Mark, including Spellbinders and/or Hero Arts 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 pursuant to an express written license for certain types of use.
2. Spellbinders and/or Hero Arts and Spellbinders and/or Hero Arts owned Graphic Symbols: You may not use the Spellbinders and/or Hero Arts or any other Spellbinders and/or Hero Arts 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 Spellbinders and/or Hero Arts such as a Custom Product Partner agreement.
3. Variations, Takeoffs or Abbreviations: You may not use an image of real Spellbinders and/or Hero Arts or other variation of the Spellbinders and/or Hero Arts logo for any purpose. Third parties cannot use a variation, phonetic equivalent, foreign language equivalent, takeoff, or abbreviation of a Spellbinders and/or Hero Arts trademark for any purpose. For example:
Not acceptable: Spellbinders and/or Hero Arts Nestabilities Spellbinders and/or Hero Arts Cart Nestiesmart
4. Disparaging Manner: You may not use a Spellbinders and/or Hero Arts trademark/copyright or any other Spellbinders and/or Hero Arts owned graphic symbol, logo, or icon in a disparaging manner.
5. Endorsement or Sponsorship: You may not use Spellbinders and/or Hero Arts, Nestabilities, Shapeabilities, or any other Spellbinders and/or Hero Arts Mark, including Spellbinders and/or Hero Arts owned graphic symbols/logos, or icons, in a manner that would imply Spellbinders and/or Hero Arts’ 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 Spellbinders and/or Hero Arts, Nestabilities, Shapeabilities or any other Spellbinders and/or Hero Arts trademark, including symbols, logos, or icons, except pursuant to an express written trademark license from Spellbinders and/or Hero Arts.
7. Spellbinders and/or Hero Arts Trade Dress: You may not imitate the distinctive Spellbinders and/or Hero Arts packaging, web site design, logos, or typefaces.
8. Slogans and Taglines: You may not use or imitate a Spellbinders and/or Hero Arts slogan or tagline. For example: “Beautiful Details Inspiring Creativity”
9. Domain Names: You may not use an identical or virtually identical Spellbinders and/or Hero Arts trademark as a second level domain name. Not acceptable: “Nestabilities.com,” “NestiesSpellbinders and/or Hero Arts.com,” “Nestabilities-Spellbinders and/or Hero Arts.com,” “Nestiesmart.com.”
Rules for Proper Use of Spellbinders and/or Hero Arts
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.
Correct: I bought two Spellbinders and/or Hero Arts Nestabilities Die Templates.
Not Correct: I bought two Nestabilities.
3. 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. Suggested generic terms are die cutting system, die templates, punch templates, rubber stamps, etc.
4. Always spell and capitalize Spellbinders and/or Hero Arts’ trademarks exactly as they are shown in the Spellbinders and/or Hero Arts and Trademark/Copyright List. Do not shorten or abbreviate Spellbinders and/or Hero Arts product names. Do not make up names that contain Spellbinders and/or Hero Arts Marks.
Proper Trademark Notice and Attribution
1. On product, product documentation, or other product communications that will be distributed only in the United States, use the appropriate trademark symbol (TM, SM, ®) the first time the Spellbinders and/or Hero Arts Mark appears in the text of the advertisement, brochure, or other material.
2. Refer to the Spellbinders and/or Hero Arts Trademark List for the correct trademark symbol, spelling of the Mark, and generic term to use with the Mark. Generally, the symbol appears at the right shoulder of the trademark.
3. Include an attribution of Spellbinders and/or Hero Arts’ ownership of its Marks within the credit notice section of your product, product documentation, or other product communication.
Following are the correct formats:
_________ and _______ are registered trademarks of Spellbinders and/or Hero Arts Paper Arts Co., LLC.
_________ and _______ are trademarks of Spellbinders and/or Hero Arts Paper Arts Co., LLC.
4. For distribution Outside the United States use one of the following international credit notices:
_________ is a trademark of Spellbinders and/or Hero Arts Paper Arts Co., LLC, registered in the U.S. and other countries.
_________ is a trademark of Spellbinders and/or Hero Arts Paper Arts Co., LLC.
Depictions of Spellbinders and/or Hero Arts Products
1. Endorsement or Sponsorship: Spellbinders and/or Hero Arts limits the use of its logos, company names, product names, or images of Spellbinders and/or Hero Arts products by other parties in marketing, promotional or advertising materials as their use may create the perception that Spellbinders and/or Hero Arts endorses or sponsors the product, service or promotion.
2. Compatibility: If you are a compatible product manufacturer (i.e. stamp companies), you may show an image of a Spellbinders and/or Hero Arts product in your promotional/advertising materials to depict that your product is compatible with, or otherwise works with, the Spellbinders and/or Hero Arts product or technology, provided you comply with the following requirements:
a. Your product is in fact compatible with, or otherwise works with, the referenced Spellbinders and/or Hero Arts product.
b. The image is an actual photograph of the genuine Spellbinders and/or Hero Arts product and not an artist’s rendering unless provided directly from Spellbinders and/or Hero Arts (Note: You must obtain express written permission from Spellbinders and/or Hero Arts before using any photograph owned or licensed by Spellbinders and/or Hero Arts).
c. The Spellbinders and/or Hero Arts product is shown only in the best light, in a manner or context that reflects favorably on the Spellbinders and/or Hero Arts.
d. The reference to Spellbinders and/or Hero Arts does not create a sense of endorsement or sponsorship by, or other false association with, Spellbinders and/or Hero Arts, or products.
For further information or to gain permissions with respect to Spellbinders and/or Hero Arts’ please send an email to customersupport@Spellbinders and/or Hero Arts.us or call Spellbinders and/or Hero Arts Customer Service at (888) 546-0400.
Spellbinders and/or Hero Arts Trademark/Copyright List
The following is a list of Spellbinders and/or Hero Arts’ trademarks, copyrights, and service marks. When using the Marks in publications that will be distributed only in the United States, include the appropriate TM, SM, or ® symbol on first use. For publications that will be distributed outside the United States, do not include trademark symbols. Instead use the appropriate trademark attribution notice, for example: Spellbinders and/or Hero Arts and Nestabilities are trademarks of Spellbinders and/or Hero Arts Paper Arts Co., LLC, registered in the U.S. and other countries.
The list also includes one or more suggested generic terms for each Mark. For all publications, include an appropriate generic term after the Mark the first time it appears. Thereafter, the generic term should appear frequently with the Mark. (Note: These generic terms are only suggestions, and there may be other words that are equally appropriate.) Remember that trademarks are adjectives, and cannot be made plural or possessive.
The absence of a product or service name or logo from this list does not constitute a waiver of Spellbinders and/or Hero Arts trademark, copyright, or other intellectual property rights concerning those names or logos.
Spellbinders™
Hero Arts™
Shapeabilities®
Nestabilities®
Borderabilities™
Frameabilities™
Edgeabilities™
Mega Nestabilities™
Nesties™
Impressabilities™
Wizard™
Presto Punch™
Grand Calibur®
Shaping a Beautiful
Life™
Sapphire™
Platinum™
Contour™
Versacut Technology™
Tool 'n One®
Die D-Lites®
Em-bossing Fold’ers™
In-spire®
ContourTM
In-spire®
Tool’n One™
Glimmer™
Main Attraction™
Cut Emboss Stencil ®
