10 min article

Brand Usage Policy

This Brand Usage Policy is effective from 9 June 2020.

1.

General  

1.1This brand usage policy (“Brand Usage Policy”) describes the instances in which you can use the Trepup brand, trademarks, service marks, trade names, trade dress and logos (collectively, “Trepup Marks”) and the manner in which you can use such Trepup Marks.

1.2You must read this Brand Usage Policy in conjunction with the Terms of Use, Intellectual Property Policy and Policies.

2.

Our brand  

2.1 Some of the brand names we own, including the wordmark and the styling thereof, are the following Trepup Marks: Trepup, Trepboard, Trepstore and Trepmail. This is an illustrative and non-exhaustive list of trademarks that are owned by Trepup.

2.2As a general rule, you may use the Trepup Marks in the manner prescribed in this Brand Usage Policy and the Brand Guidelines Policy.

3.

Specifications for use  

3.1

While using the Trepup Marks, you will:

(a)

Use the Trepup Marks in compliance with the specifications provided in the Brand Guidelines Policy;

(b)

Identify the Trepup Mark as a registered trademark ® or TM, as applicable. Trepup Marks are registered in a number of countries around the world. For the first and most prominent usage of a Trepup Mark in any context, use ® or TM as a notice to third parties of Trepup’s rights in the Trepup Mark;

(c)

Acknowledge and state that Trepup Marks are owned by Trepup. If any Trepup Mark appears on your website, document or other material, add the following attribution statement in legible font and size, identifying Trepup as the trademark owner:

[] is a trademark of Trepup.com AG and/or its affiliates. All Rights Reserved.”

(d)

Use the Trepup Mark in accordance with general guidelines for proper trademark usage by ensuring that the Trepup Mark is used as an adjective modified by the appropriate generic noun;

(e)

Only use the approved Trepup Marks that are provided on the Platform. Any Trepup Marks or related images found elsewhere on the Internet are not approved for use;

(f)

Ensure that the spelling, capitalization or appearance of the Trepup Mark is accurate. Furthermore, you must ensure that you do not abbreviate, hyphenate, create acronyms, change the spelling, capitalization or appearance, add or delete any words or spacing, change any color or proportion, use it in a tagline or slogan, add visual effects, angle or rotate or otherwise modify the logo or design of a Trepup Mark in any way;

(g)

Ensure that the Trepup Mark is adequately spaced from other elements on the web page;

(h)

Use a Trepup Mark in connection with Products, Services, websites, social media sites, book titles, magazines, newspapers, blogs, periodicals, seminars or conferences after appending the following phrase: “[Name of Product/Service/Publication] is an independent [publication type, i.e., blog, journal, book, article, website, etc.] and has not been authorized, sponsored or otherwise approved by Trepup”;

(i)

Use the Trepup Mark in compliance with applicable law;

(j)

Ensure that your use is non-commercial in nature; and

(k)

Agree and acknowledge that Trepup is the sole owner of the Trepup Marks and all goodwill derived from using any of the Trepup Marks exclusively inures to the benefit of, and belongs to, Trepup.

3.2

While using the Trepup Marks, you agree and acknowledge that you will not:

(a)

Use the Trepup Mark in violation of any of the Policies;

(b)

Make any claim to the Trepup Marks or lodge any filings with respect to the Trepup Marks or marks confusingly similar to the Trepup Marks, whether on behalf of Trepup or in its own name or interest;

(c)

Register or attempt to register the Trepup Marks as part of, in combination with or otherwise in connection with any other marks or other source identifiers, including domain names, URLs and social media handles;

(d)

Use the Trepup Marks in the context of, or in connection with, any franchise agreement, relationships or discussions;

(e)

Use the Trepup Marks for, or in connection with the name or sponsorship of any schools, educational institutions, testing centers or any facilities that are subject to governmental accreditation, authorization, oversight or regulations;

(f)

In any way question, challenge or dispute the ownership of the intellectual property rights of Trepup in the Trepup Marks or assist any person in doing so or undertake any action to interfere with Trepup’s rights in the Trepup Marks;

(g)

Use any Trepup Mark or other words that are confusingly or deceptively similar to a Trepup Mark;

(h)

Create any composite marks using the Trepup Marks or use the Trepup Marks in any manner, including by placing it in such proximity with other marks so as to form or give the impression of a composite mark;

(i)

Use the Trepup Mark in conjunction with any counterfeit, fake or replica Products and/or Services;

(j)

Display a Trepup Mark on any website or application where any harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, racially or ethnically objectionable, disparaging or otherwise unlawful content is displayed;

(k)

Imitate the distinctive and unique website design, logos or typefaces of Trepup Marks;

(l)

Display a Trepup Mark more prominently than your Product, Services or company name;

(m)

Use a Trepup Mark in a way that incorrectly implies affiliation with, or sponsorship, endorsement or approval by Trepup of your Product and/or Services;

(n)

Use Trepup Marks in a way that suggests a common, descriptive or generic meaning;

(o)

Make any representations or do any act, which may be taken to indicate that you have any right, title or interest in, or to, the Trepup Mark except the right to use them in the manner set forth in this Brand Usage Policy;

(p)

Cause, do or authorize to be done, any action which will or may, in the sole discretion of Trepup (i) impair, damage or be detrimental to the rights, reputation and goodwill associated with Trepup and/or the Platform; (ii) bring Trepup and/or the Platform into disrepute or result in giving rise to a claim by any third party; (iii) jeopardize or invalidate the Trepup Marks or any rights associated thereto; (iv) result in the use of the Trepup Mark in a manner that disparages, dilutes or damages Trepup and Trepup Services, including use of any Trepup Marks in a manner that is offensive, defamatory, illegal or unethical; and (v) result in the infringement of intellectual property rights of any third party.

3.3

You understand and agree that the Trepup Marks are of immense value to Trepup and that the restrictions placed on you under this Brand Usage Policy are necessary and reasonable for various reasons, including to maintain the strength of the Trepup brand and prevent any brand dilution.

3.4

The aforementioned list is an indicative list of approved uses of a Trepup Mark. Trepup has the sole discretion to determine whether your use of the Trepup Mark dilutes, tarnishes or otherwise damages the Trepup Marks. In such cases and upon receiving a notification from Trepup, you must immediately cease all use of the Trepup Marks.

4.

Infringement of any Trepup Mark  

4.1

In case you unknowingly or knowingly infringe any Trepup Mark, we will undertake all actions against you as we may deem necessary to enforce our rights. Such action may include any or all of the following:

(a)

Send you a notice informing you of such infringement;

(b)

Institute legal proceedings against you;

(c)

Suspend or terminate your User Account or institute posting restrictions;

(d)

Notify other Users, your customers or vendors of such infringement; and

(e)

Notify any governmental authority of such infringement.

4.2

In case you come across any website, application, business entity or person that is using any Trepup Mark inappropriately, please contact us.

5.

Contact us  

For other information in relation to the Platform and Trepup Services, please see the Policies or contact us using the details provided below:

Trepup.com AG Attn: Legal Affairs Dorfstrasse 16 6341 BAAR SWITZERLAND Email: legal@trepup.com

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+41 44 563 98 20

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