Trade-Mark and Trade-Name Policy

TRADE-MARK AND TRADE-NAME POLICY

1.          Policy Objective

The primary intention of this trade-mark and trade-name Policy (the “Policy”) is to establish and maintain consistent marking standards for Alcohol Countermeasure Systems (International) Inc. (ACS), its related companies, distributors, agents and partners.

Use of ACS trade-marks and trade-names must be in accordance with this Policy that attempts to balance three competing interests: ACS needs to ensure that the trade-marks which it owns and licenses to others for use (“ACS Marks”) remain reliable indicators of origin and quality; the desire of ACS to permit community members, government officials, law enforcement officers, judicial authorities and others with whom ACS works, to discuss ACS products and services and to accurately describe any affiliation with ACS; and, the desire of ACS to ensure that all parties with whom it deals are aware of the incorporated nature of ACS.

Underlying this Policy is the general law of trade-marks. Trade-marks exist to enable consumers and organizations to identify the origin of products and services and guarantee the quality of these products and services for consumers and organizations. Some organizations make better products than others; over time, consumers begin to associate those organizations (and their trade-marks) with quality. When such organizations permit others to place their trade-marks on goods of lesser quality, they find that customer trust evaporates quickly. This is the situation that ACS seeks to avoid, especially for products such as alcohol interlocks that may affect the everyday lives of clients and wherein trust and reliability are extremely important factors.

Further, trade-marks constitute a valuable intangible asset that must be protected. To be protected, valid and enforceable against third parties, a trade-mark shall be and must remain distinctive. Thus, ACS seeks to avoid: any use of the ACS Marks as generic terms in the common language; and, use by unlicensed parties.

Also underlying this policy is the general law of trade-names. When an individual or person wishes to carry on business under a name different from its own, it registers that name with the authorities, so that persons can ascertain the true identity of the party with whom they are dealing.

Although this Policy is composed of a number of specific rules aimed at protecting the function, validity and enforceability of the ACS Marks, most reflect the overarching requirement that any use of the ACS Marks-be non-confusing and non-disparaging. Non-confusing means that consumers should always know who they are dealing with, and where the products they are using or media they are viewing originated. Non-disparaging means that ACS Marks must not be used as vehicles for defaming ACS, or companies related to ACS, or the products and services of ACS. These basic requirements are a guide to the implementation of this Policy.

2.          Trade-mark Ownership

ACS Marks are owned by and will remain the sole property of ACS and may be used by others only under license. All use and goodwill associated with ACS Marks will inure to the benefit of ACS.

3.          Trade-names

The following are trade-names of ACS:

ACS

ALCOHOL COUNTERMEASURE SYSTEMS

ALCOLOCK

The following is the standard ACS trade-name statement:

ACS, ALCOHOL COUNTERMEASURE SYSTEMS and ALCOLOCK are business names owned by Alcohol Countermeasure Systems (International) Inc. [select the names that are appropriate for the context] and are registered for use by Alcohol Countermeasure Systems Corp.

This statement should appear in any situation where the term ACS or the phrase ALCOHOL COUNTERMEASURE SYSTEMS is used in circumstances wherein the reader needs to be made aware that it is dealing with Alcohol Countermeasure Systems Corp. Without limitation, no contract shall be signed in the name of ACS or ALCOHOL COUNTERMEASURE SYSTEMS unless this statement appears. Products or services that have the potential to cause injury or damage in the event of failure, and thus create the potential for product liability lawsuits, should not refer to ACS or ALCOHOL COUNTERMEASURE SYSTEMS as the product source unless the statement appears.

4.          Trade-Marks

The following is a non-exhaustive list of current ACS Marks for products and services:

  • ALCOLOCK & MOLLY OFFSET DESIGN
    ALCOLOCK
  • ALCOLOCK & MOLLY LINEAR DESIGN
    ALCOLOCK
  • The Molly design
    ALCOLOCK
  • A.L.E.R.T.
    ALCOHOL LEVEL EVALUATION ROAD TESTER DESIGN
  • ACS
  • ALERT
  • ALCOLAB
  • ALCOLOCK
  • ALCOSIM
  • ALCOSCAN
  • ALCOCHECK
  • ALCOHOL COUNTERMEASURE SYSTEMS
  • DATATEST
  • DISCOVER
  • DRIVESAFE
  • EBA
  • ELAN
  • ELITE
  • ENSURE
  • INTERTRACK
  • INTERVIEW
  • REVEAL
  • Saf’IR

5.         Trade-Mark Usage

The ACS Marks must, wherever used, be used systematically in conjunction with the symbol™. Where feasible, each trade-mark used in a document shall appear at least once with the symbol™.

The ACS Marks shall be used strictly in accordance with standards and specifications that may be laid down from time to time by ACS.

Some of the ACS Marks are word trade-marks that provide protection directed to the word(s) forming the trade-mark irrespective of the font or appearance thereof.  These marks shall be used at least with capital letters and in a manner which sets the mark apart from other textual matter.  Further, these marks must never be used as terms of common language, as a noun or a substantive. Thus, no plural form may be used with trade-marks (i.e.,ALCOLOCKS). When used in a sentence or phrase, these marks must be used as an adjective in conjunction with other terms, for example: the ALCOLOCK alcohol interlock device. The following examples are improper: use an ALCOLOCKor ALCOCHECK your breath.

Some of the ACS Marks are design trade-marks. In respect of design trade-marks, it is imperative that the mark be used exactly in the form that has been registered, without any variation as to its appearance.

With regard to  ACS, same should always: be presented in orange coloration when used with goods or combined with ACS or ALCOHOL COUNTERMEASURE SYSTEMS; be presented in green coloration when used with services or combined with ALCOLOCK; and, referenced as ‘The Molly’.

6.          Trade-mark Notice

The ACS Marks are used exclusively by ACS and its licensees. The following is the current standard ACS trade-mark notice:

ACS, ALERT, ALCOHOL COUNTERMEASURE SYSTEMS, ALCOLAB, ACS, ALCOLOCK, ALCOSIM, ALCOSCAN, ALCOCHECK, DATATEST, DRIVESAFE, EBA, ELAN, ELITE, ENSURE, DISCOVER, DRIVESAFE, INTERVIEW, INTERTRACK, REVEAL and SafIR [select the marks that are appropriate to the context] are trademarks of Alcohol Countermeasure Systems (International) Inc. and are used under license.

7.          Usage and Placement of Notice

The standard ACS trade-mark notice must be included in every document produced by or for ACS, including printed publications, product labels, website pages and apps. It must only appear once, at either the beginning of a project (example: the inner page of a manual) or at the end of a project (example: the back and bottom of a brochure, or at the end of a video after the credits). For clarity, trade-marks that are not used within the document should be removed from the notice.

The text of the notice must be legible, and easy to read without difficulty, without exception. Text size must be at least 4 pt. on standard 300 dpi written items; digital and video item text sizes may vary upon resolution.

8.          Distinction between Brands and Models

Product models do not require the symbol TM; that is, the trade-mark follows the brand, not the model. Examples include:

ALCOLOCKTM GR (as opposed to ALCOLOCK GRTM)

ALERTTM J5 (as opposed to ALERT J5TM)

Saf’IRTM Evolution (as opposed to Saf’IR EvolutionTM)

9.         Further Assistance

Contact ACS (legal@acs-corp.com) for any assistance or guidance concerning this Trade-mark Policy.