10.2 USING PENTAIR TRADEMARKS Determining When and How to use a Trademark Symbol Offline Application Practice Online Practices Using Trademarks with Product Brands & Names
BRAND STANDARDS. January 2021 v1.0 ... and clear, intuitive instructions and displays. Your. EasyTouch system includes all circuitry and fully programmable ...
10.2 USING PENTAIR TRADEMARKS Determining When and How to use a Trademark Symbol Offline Application Practice Online Practices Using Trademarks with Product Brands & Names
BRAND STANDARDS
January 2021 v1.0
10.0 TRADEMARKS & BRAND PROTECTION
10.1 Definition of Trademarks
10.2 Using Pentair Trademarks Determining When and How to Use a Trademark Symbol
?½¨vȳ®IÀvÈ Online Practices Using Trademarks with Product Brands & Names Use Correct Trademark Grammar Translating and Transliterating Trademarks
10.3 Copyrights Copyright on Pentair Assets Copyright Infringement Copyright Notice
10.4 Legal Entity Name Usage
10.5 Mergers & Acquisitions
10.1 DEFINITION OF TRADEMARKS
BRAND STANDARDS TRADEMARKS & COPYRIGHTS
ï®È³®³SÀvvÀ§Ã
If you have questions at any time, please don't hesitate to reach out to your segment marketing leader, marketing manager global brand standards and/or your assigned legal counsel for help.
TRADEMARKS & COPYRIGHTS
At Pentair, whenever you create product packaging, labelling, manuals, communication materials or other documents on which our trademarks appear, proper use is critical to legally protect and strengthen these valuable intangible assets. This also helps to achieve consistency in promoting Pentair products and service worldwide.
These guidelines are intended to help you in clarifying, identifying, protecting, and promoting correct and consistent trademark and copyright usage in marketing and communications at Pentair.
WHY IT'S IMPORTANT TO USE TRADEMARKS CORRECTLY
The correct trademark symbol should be used with a brand/name/logo in order to be able to legally enforce a company'strademark rights. Materials including packaging, labels, manuals etc. are routinely submitted to trademark registration offices worldwide as evidence of a company's trademark usage. When using a trademark, it is important to ensure that it is used in the same way for which it has been registered (e.g. using the same word(s), font, color, and/or graphic logo). Otherwise it will be difficult or impossible to obtain or maintain the corresponding trademark registration.
Proper usage of other companies' trademarks is also important to respect their trademark rights and to avoid costly disputes and infringement claims with third parties.
WHAT IS A TRADEMARK?
A trademark is a word, phrase, symbol, design, color, sound, or a combination thereof, that serves to identify goods or services from those of another.
REGISTERED TRADEMARK SYMBOL
This symbol indicates that the preceding name/logo has been ÀÃÈÀvÃvÈÀvvÀ§ÜÈv®vȳ®v¨ÈÀvvÀ§³íVà this symbol on products/marketing materials only in countries wwhere it is sure the trademark has been registered for those particular goods and/or services in relation to which the trademark is used.
TM TRADEMARK SYMBOL
The symbol is usually used for unregistered trademarks, to provide notice of a claim of common-law rights (rights through the use). The symbol can be used 1. in connection with an unregistered mark that has been
consistently used for several years 2. ÜÀvÈÀvvÀ§v½½¨vȳ®vîï¨Ëȳî³ÈâÈ
vÛvï®v¨ÀÃÈÀvȳ®
| | VOLUME 1.0 JANUARY 2021 ©2021 Pentair. All rights reserved.
253
10.2 USING PENTAIR TRADEMARKS
Determining When and How to use a Trademark Symbol Offline Application Practice Online Practices Using Trademarks with Product Brands & Names Use Correct Trademark Grammar Translating and Transliterating Trademarks
BRAND STANDARDS TRADEMARKS & COPYRIGHTS
Using Pentair Trademarks
It is recommended, if possible, to use the ® or TM symbol in communications and marketing materials on product brands and names, following the indications below:
CHECK THE LIST TO DETERMINE IF/WHICH TRADEMARK SYMBOL TO USE.
A regularly updated list of all Pentair registered Trademarks is available on mypentair.com at https://www.mypentair.com/en-us/working-here/ brand-materials.html.
From this list, you can identify:
1. Whether the product brand, product name and/or logo you wish to use has been registered (or is pending), AND
2. in which country(ies) it is registered (or pending)
· If the marketing material is intended to be used ONLY in countries where you identify that the trademark has been registered in relation to those goods, you can use the ® symbol.
· If the marketing material is intended to be used in countries where a trademark application has been filed but not registered, and/or the brand has been consistently used in a country for several years, you can use the TM symbol (with exception of China).
· If the marketing material is intended to be used in countries where you don't know about any local registration, don't use any trademark symbol but rather use the footnote statement only.
DETERMINING HOW TO USE A PENTAIR TRADEMARK
mypentair.com/brand materials
Footnote statement: All indicated Pentair trademarks and logos are property of Pentair. Third party registered and unregistered trademarks and logos are the property of their respective owners.
| | VOLUME 1.0 JANUARY 2021 ©2021 Pentair. All rights reserved.
255
BRAND STANDARDS TRADEMARKS & COPYRIGHTS
Using Pentair Trademarks
THE "FIRST USE" PRACTICE
The first time a trademark name is used on each new printed material/surface, use the specific trademark symbol along with the footnote statement at the end of the material.
THE "LATER USE" PRACTICE
Once the "first use" practice has been applied, you can drop the trademark symbol from the trademarked name in subsequent mentions on that surface if repeated with the same generic descriptor. You can also drop the word Pentair from the beginning of the product name, unless Pentair is the only name (trademark) the product carries.
Important: Do not use trademark symbols on logo lockups.
Note: For more information on how to use and refer to the Pentair brand, Pentair product brands and product names, see the Branded Portfolio (Chapter 4).
For any other questions, please contact your segment Content Marketing Manager, marketing manager, global branding, or your legal counsel.
OFFLINE APPLICATION PRACTICE PACKAGING & PRINTED MATERIALS (MANUALS, SALES SHEETS, BROCHURES, CATALOGS)
Example: Pentair EasyTouch Brochure
WHO SAYS POOL AUTOMATION HAS TO BE COSTLY AND COMPLICATED.
Scheduling and controlling the operation of pool and spa equipment and related poolscape accessories is now blissfully automatic, simple and affordable. Pentair EasyTouch® Pool and Spa Control Systems eliminate the inconvenience of repeated trips to the equipment pad, memorizing operating sequences, opening and closing valves and resetting time clocks and thermostats.
What's more, EasyTouch systems set the standard for operating simplicity with push-button operation and clear, intuitive instructions and displays. Your EasyTouch system includes all circuitry and fully programmable controls in a single Load Center installed near your pool or spa equipment. This avoids expensive wiring and installation costs to make an EasyTouch system affordable for any budget.
| | VOLUME 1.0 JANUARY 2021 ©2021 Pentair. All rights reserved.
256
BRAND STANDARDS TRADEMARKS & COPYRIGHTS
Using Pentair Trademarks
In order to mitigate the complexity associated with distribution to different countries, it is recommended not to use trademark symbols on products or product labels that are attached to the product. If there is space on product labels, please use the footnote statement: All indicated Pentair trademarks and logos are property of Pentair. Otherwise ensure correct reference and statement is on product packaging.
OFFLINE APPLICATION PRACTICE PRODUCTS
PRODUCT LABEL Example
| | VOLUME 1.0 JANUARY 2021 ©2021 Pentair. All rights reserved.
257
BRAND STANDARDS TRADEMARKS & COPYRIGHTS
Using Pentair Trademarks
On pentair.com and other Pentair websites, it is not necessary to use any trademark symbols. The footnote statement is sufficient. On other Pentair websites, please link back to the trademark section of pentair.com : https://www.pentair.com/en/registrations.html.
ONLINE PRACTICE USING PENTAIR TRADEMARKS DIGITALLY
Footnote statement:
All indicated Pentair trademarks and logos are property of Pentair. Third party registered and unregistered trademarks and logos are the property of their respective owners.
| | VOLUME 1.0 JANUARY 2021 ©2021 Pentair. All rights reserved.
258
BRAND STANDARDS TRADEMARKS & COPYRIGHTS
Using Pentair Trademarks
1. Use the appropriate trademark symbol after each trademark used in a product name. Follow it with the complete generic descriptor, capitalizing the first letters of each word in the full product name. Don't abbreviate or alter the spelling or form of the trademark.
Examples: Pentair ® FlotecTM SOS Flood Kit Pentair ® X-FlowTM XigaTM Technology
2. In the case that a product only carries the Pentair brand and no trademarked name, then begin the Product name with the Pentair mark.
Example: Pentair ® Pool Heater A30
3. Model or product numbers should follow the generic descriptor.
CORRECT: Pentair ® EverpureTM Water Filter Cartridge EF-3000
4. Do not use a registered trademark symbol in the graphic logo lockup, either on Pentair or on the product brand name.
5. Referring to the company Pentair? Then no trademark symbol. When using Pentair to designate the company rather than a specific product, never use any trademark symbol.
CORRECT: The Pentair corporate communications team is located in Golden Valley, Minnesota.
INCORRECT: Pentair® is a global company.
USING TRADEMARKS WITH PRODUCT BRANDS & NAMES
Examples
®
(fIL?
| | VOLUME 1.0 JANUARY 2021 ©2021 Pentair. All rights reserved.
259
BRAND STANDARDS TRADEMARKS & COPYRIGHTS
USE CORRECT TRADEMARK GRAMMAR
1. Always use the trademark as a proper adjective, not a noun. Whenever possible a trademark should be followed by the common descriptive name (noun) of the product it refers to. CORRECT: Pentair sells Pentair ® EverpureTM Water Filter Cartridges. INCORRECT: Pentair sells Everpures.
2. Never use a trademark as: A. a verb (e.g., "Everpure your home.") B. a possessive (e.g., "Everpure's") C. a noun (e.g., "Let's go change the Everpures.") D. in plural form (e.g., "Let's sell some Everpures.")
TRANSLATING AND TRANSLITERATING TRADEMARKS
Do not translate trademarks unless this is due to a local legal requirement (e.g. tagline in France). Transliteration is the process of transferring a word from the alphabet of one language to another. It helps people pronounce words and names in foreign languages. It is used most often in languages that are different than Latin-based alphabets (ie Chinese, Russian, Japanese). Do use transliteration version when necessary (e.g. China, Russia, Japan). Refer to your Brand and Legal contact. Example: "Pentair" into Chinese characters.
| | VOLUME 1.0 JANUARY 2021 ©2021 Pentair. All rights reserved.
Using Pentair Trademarks 260
BRAND STANDARDS TRADEMARKS & COPYRIGHTS
Using Pentair Trademarks
A SCENARIO EXAMPLE
The Pool content manager in the Consumer Solutions segment needs to develop a new box and marketing support materials for the Pentair Prowler 930 Pool Cleaner, for sale in the USA only. The product uses the EcoSelect technology and is part of the Trade Grade product line.
1. Check current trademark list, available in the brand materials section of mypentair.com.
· Prowler: The trademark registration is valid in the USA
· EcoSelect: The trademark registration is valid in the USA, and EU countries
· Trade Grade: This wordmark has not been registered in the USA (or any other country)
2. As the product will be sold in the USA only, the ® symbol can be used on both the Prowler and EcoSelect wordmarks. Apply the "first use" rule on the packaging and any marketing materials.
3. Include the trademark footnote statement on all materials, referencing Pentair and any third party trademarks, ie "All indicated Pentair trademarks and logos are property of Pentair. Third party registered and unregistered trademarks and logos are the property of their respective owners."
4. On marketing materials (not the packaging), include the copyright statement "© 2021 Pentair.All rights reserved."
TRADEMARK USAGE EXAMPLE ON MARKETING MATERIAL
PROWLER® 930
ROBOTIC INGROUND POOL CLEANER
The ultimate in pool cleaning convenience and control... right from your smartphone
| | VOLUME 1.0 JANUARY 2021 ©2021 Pentair. All rights reserved.
! IMPORTANT NOTE: If the business plans to sell the product through a direct or indirect channel to other countries besides the USA, a different application of the symbols would be required.
261
10.3 COPYRIGHTS
Copyright on Pentair Assets Copyright Infringement Copyright Notice
BRAND STANDARDS TRADEMARKS & COPYRIGHTS
When working with providers (e.g. agencies) for marketing and communications materials assets:
Negotiate full buy-out license/transfer agreements whenever possible, i.e. no limitation regarding:
· Duration / time period
· Use (right to copy, adapt, modify, translate in any language)
· Support (all supports/media, including Internet and social media)
· Territory (worldwide)
When the materials are received from the agency/ creator for use by Pentair, be sure that all rights have been assigned to Pentair, and that the agreement / proof of rights are linked to the creative material (for example detailed and stored with the asset in the AEM DAM or business files).
Any material developed by a provider should be fully assigned to Pentair (i.e. becomes Pentair's property). Before using or modifying any material developed for Pentair, Pentair needs to ensure all rights on that material.
ASSIGNMENT OF RIGHTS CLAUSE FOR AGENCY CONTRACTS
When making the contract or agreement with the agency, please include the following Rights Clause.
Assignment of rights clause:
The Agency agrees to assign to Pentair all Intellectual Property rights, on all contents/videos/images/picture/ photos ("Material" ) created for Pentair (for any entity belonging to Pentair Group) and it acknowledges that Pentair (any entity belonging to Pentair Group), will therefore has an exclusive right to all the mentioned Material from the Effective Date of the agency agreement/ business relationship and for an unlimited period of time".
COPYRIGHTS ON PENTAIR ASSETS
Stay smart, connected and protected with Pentair Home. Insist on Pentair. Learn more at Pentair.com/home-app
© 2021 Pentair. All Rights Reserved. All indicated Pentair trademarks and logos are property of Pentair. Third party registered and unregistered trademarks and logos are the property of their respective owners. App Store® is a registered trademark of Apple, Inc. in the U.S.A. and/or other countries. Google Play® is a registered trademark of Google LLC in the U.S.A. and/or other countries.
| | VOLUME 1.0 JANUARY 2021 ©2021 Pentair. All rights reserved.
Copyrights 263
BRAND STANDARDS TRADEMARKS & COPYRIGHTS
COPYRIGHT INFRINGEMENT
A copyright infringement can occur when copyrighted material is used without proper rights or authorization. There are two scenarios that can occur:
1. A 3rd party uses Pentair material without Pentair authorization
If this instance occurs, please contact your assigned Legal Counsel.
2. Pentair infringes a 3rd party's copyright (for example; Pentair uses a photo or artwork without having obtained the usage rights from the creator or rights holder)
We should ensure that this does not happen. Before using any asset or artwork, please check (within DAM, agency etc) that all rights are available for the intended usage application. If in doubt, please contact the creator of the artwork or your content marketing manager for assistance.
COPYRIGHT NOTICE
You should include a copyright notice on the bottom of each piece of printed and/or digital material. This puts the world on notice of our rights on the material. The notice consists of four elements:
· The © symbol
· The year of the last update of the content
· Pentair
· The statement "All rights reserved."
Pentair Copyright Notice Example
© 2021 Pentair. All rights reserved.
| | VOLUME 1.0 JANUARY 2021 ©2021 Pentair. All rights reserved.
Copyrights 264
10.4 LEGAL ENTITY NAME USAGE
BRAND STANDARDS TRADEMARKS & COPYRIGHTS
Legal Entities Name Usage
LEGAL ENTITY NAME USAGE
A legal entity name is the official legal name of a company as registered through or with a local trade register. Legal entity names might include acronyms that indicate the entity type (e.g., Co., Inc., AG, GmbH., Pty. Ltd., plc, Corp., etc.). The legal entity name is different than a brand or trademark of a company, and therefore should be used differently.
Local law or regulations may require the indication of a legal entity name on materials or communications. For example, for shipping/customs documents it is required to indicate both the name of the legal entity exporting/ selling the products and the brand of the products sold. Similarly, contracts require a legal entity to be indicated as a contracting party. However, standard marketing material may not require a legal entity to be referenced.
As a general rule, Pentair Segment and Business Unit names (e.g "Consumer Solutions", "Industrial Filtration") should not be used on any marketing materials, product packaging, contracts or other official documents, because they are not legal entity names.
Always contact your assigned Legal Counsel to understand if a legal entity name is required to be used and what is the correct legal entity name to use.
Pentair plc: There are very few circumstances where it is appropriate to use this entity name. If you believe that your situation necessitates use of this legal entity, please contact your assigned legal counsel for guidance.
S³¨¨³Ü®vÀáv½¨ÃÜÀÀÀ®È³v®³ív¨¨v¨®ÈÈâ®vî³Àv¨¨âÀ¿ËÀ 1. Legal contracts 2. Invoices, purchase orders, order acknowledgements 3. Product labels 4. L˨vȳÀâv®¨v¨ï¨®Ã 5. Permits and licenses 6. ?ÈÀËîÃÃÀÃÈÀvȳ®ÃÈÀvvÀ§³v®®vv®½vÈ®È郞Ãýïv¨¨âȳ
denote which entity owns the registration) 7. Press Release (Note: any press release should be guided by and approved by VP
Communications) 8. Website `Contact Us' page, where the local address needs to have the legal entity name to be
deliverable 9. ÀÈv®³Ë®ÈÀÃÀ¿ËÀv¨¨³ív¨³ÀÀý³®®v®ËîÃÃvÀÃȳ®¨ËȨv¨
entity name (e.g., Germany) 10. ?ÈÀÈÃv󮨳v¨¨vܳÀ½À³ËÈýïÀ˨vȳ®Ã
| | VOLUME 1.0 JANUARY 2021 ©2021 Pentair. All rights reserved.
! IMPORTANT NOTE: On use of Pentair plc: You should never use the legal entity name "Pentair plc" unless you have been given ýïvËȳÀçvȳ®
266
10.5 MERGERS & ACQUISITIONS
BRAND STANDARDS TRADEMARKS & COPYRIGHTS
Mergers & Acquisitions
GENERAL PHILOSOPHY ON THE INTEGRATION OF NEW BUSINESSES TO THE PENTAIR ENTERPRISE THROUGH ACQUISITION:
The following are three scenarios with the first scenario being the standard policy. Final decisions will require approval of the Executive Management Team, process led by the Chief Growth Officer.
ALWAYS (THE STANDARD POLICY)
1. Integrate Pentair signage, branding and philosophy as soon as possible, ideally Day One of close.
2. No competing logos allowed of acquired brand and the Pentair brand.
3. Master brand architecture is our standard (refer to Chapter 40). We will always lead with Pentair. This is intended to preserve the purchased company brand equity and integrate the asset into the Pentair family.
4. Day One is very important as we begin the cultural integration of the new company into the Pentair enterprise and deliver expectations that begin with how employees experience the new company.
5. Web sites will be fully integrated in one year if not sooner.
BUSINESS CARDS
Pre-Acquisition
Newly Acquired
RARE (REQUIRES APPROVAL)
There is a significant brand equity of an acquired entity:
1. Integrate Pentair signage, branding and philosophy as soon as possible (non-negotiable).
2. Time phase out of competing logos, not to exceed one year.
3. Web sites will be fully integrated in one year.
4. Any advertising, trade shows, brochures and customer facing materials can include both logos, but will be separated and positioned with Pentair leading.
Fully Integrated
ALMOST NEVER (REQUIRES APPROVAL)
1. Impact of an acquired company can significantly hurt the Pentair brand.
2. Pentair does not have management control over the entity.
3. Acquired company does not fit our enterprise model.
4. Acquired company is a wholly owned subsidiary of the Pentair Corporation, acting Independently.
| | VOLUME 1.0 JANUARY 2021 ©2021 Pentair. All rights reserved.
! IMPORTANT NOTE: If you are not sure how to correctly refer to a company or product brand that has been recently acquired, please contact your VP of Marketing or your assigned Legal Counsel.
268
Adobe PDF library 15.00 Adobe Illustrator 24.3 (Macintosh)