Trademark Policy
1. Overview
This Trademark Policy (this “Policy”) sets forth the guidelines for use of the trademarks, service marks, trade names, logos, and other brand identifiers (collectively, the “Etched Marks”) of Etched, Inc., a Delaware corporation (“Etched,” “we,” “our,” or “us”). The Etched Marks include, without limitation: ETCHED and any other marks or logos that we may designate from time to time. All use of the Etched Marks must comply with this Policy. We reserve the right to modify this Policy at any time.
2. Ownership
The Etched Marks are the exclusive property of Etched. Nothing in this Policy or any other communication grants you any right, title, or interest in or to the Etched Marks, or any license to use the Etched Marks, except as expressly provided herein. All goodwill arising from the use of the Etched Marks inures solely to the benefit of Etched.
3. Permitted Uses
Subject to your compliance with this Policy, Etched grants you a limited, non-exclusive, non-transferable, non-sublicensable, royalty-free, revocable license to use the Etched Marks solely for the following purposes. This license does not include the right to grant sublicenses, and Etched may revoke this license at any time, for any reason, upon written notice. You may use the Etched Marks without prior written permission solely for the following purposes, provided that such use complies with the guidelines in this Policy:
(a) Nominative Fair Use. You may use the Etched Marks to truthfully and accurately refer to or identify Etched, its products, or its services, provided that such use: (i) does not suggest sponsorship, endorsement, or affiliation with Etched unless a formal relationship exists; (ii) does not disparage Etched or its products or services; and (iii) uses the Etched Marks in their unmodified form.
(b) Press and Media. Journalists and media professionals may use the Etched Marks in news reporting, commentary, and criticism, provided that such use is truthful, non-misleading, and complies with the visual guidelines below.
(c) Published Performance Data. If you reference any Published Performance Data (as defined in the Etched Terms of Service) in connection with the Etched Marks, you must include the following attribution: “Performance data may be extrapolated and represents expected performance. Actual results may vary. See etched.com for details.”
4. Visual Guidelines
Use the appropriate trademark symbol (® or ™) with the Etched Marks at least on the first or most prominent appearance in any publication, webpage, or material. Use ® for marks that are registered with the U.S. Patent and Trademark Office, and ™ for unregistered marks. The correct symbol should appear as a superscript immediately following the mark, with no intervening space. Contact Etched at legal@etched.com if you are unsure which symbol to use for a particular Etched Mark.
When using the Etched Marks, you must adhere to the following visual standards:
(a) Do not alter, modify, distort, animate, or recolor the Etched Marks in any way.
(b) Do not combine the Etched Marks with any other logos, icons, words, or designs to create a composite mark.
(c) Maintain sufficient clear space around the Etched Marks so that they are legible and visually distinct from surrounding content.
(d) Do not use the Etched Marks as part of a domain name, social media handle, product name, or service name without our prior written consent.
(e) Do not use the Etched Marks in any manner that is misleading, defamatory, obscene, infringing, or otherwise objectionable.
(f) When using the Etched Marks online, you must include an active hyperlink to https://www.etched.com (or such other URL as Etched may designate) in close proximity to the first or most prominent use of the Etched Marks on each page or screen where the marks appear.
(g) You may use the Etched Marks in hashtags (e.g., #Etched) for non-commercial commentary, but you may not use Etched Marks in hashtags to promote competing products or services or to mislead consumers about the source of goods or services.
5. Prohibited Uses
Unless you have received our prior express written consent, you may not:
(a) Use the Etched Marks in any manner that implies sponsorship, endorsement, affiliation, or a business relationship with Etched that does not exist.
(b) Use the Etched Marks in connection with any products, services, or content that are not authorized by Etched.
(c) Register, attempt to register, or assist others in registering any trademark, domain name, social media account, or trade name that contains, is confusingly similar to, or incorporates any Etched Mark.
(d) Manufacture, sell, or distribute any merchandise bearing the Etched Marks.
(e) Use the Etched Marks in any manner that may dilute, tarnish, or bring into disrepute the Etched Marks or Etched’s reputation.
6. Attribution and Legal Notices
When using the Etched Marks, you must include the following attribution notice (or a substantially similar notice) in a reasonably prominent location: “Etched is a trademark or registered trademark of Etched, Inc., a Delaware corporation All other trademarks are the property of their respective owners.”
7. Third-Party Trademarks
Any third-party trademarks, service marks, or logos referenced on the Etched website or in Etched materials are the property of their respective owners. Reference to any third-party trademarks does not constitute or imply endorsement, sponsorship, or recommendation by such third party of Etched or its products or services, or by Etched of such third party or its products or services.
8. Enforcement
Etched reserves the right to take action against any use of the Etched Marks that does not comply with this Policy or that infringes Etched’s intellectual property rights. If you become aware of any unauthorized use of the Etched Marks, please notify us at legal@etched.com.
9. Contact
For questions about this Policy, requests for permission to use the Etched Marks, or to report potential infringement, please contact us at legal@etched.com.
