Oklahoma Foundation for the Music Industry (TM) and/orOKFMI(TM) Trademark and Logo Usage Requirements.

Updated: January 1, 2008

Preface

These Oklahoma Foundation for the Music Industry and/or OKFMI Trademark and Logo Usage Requirements ("Usage Requirements") set forth Oklahoma Foundation for the Music Industry and/or OKFMI's rules for using or referring toOklahoma Foundation for the Music Industry and/or OKFMI's brands, trademarks, product and service names, logos and slogans. They apply to allOklahoma Foundation for the Music Industry and/or OKFMI organizations worldwide and to Oklahoma Foundation for the Music Industry and/or OKFMI resellers, developers, customers, advertising agencies, consultants, professional writers and editors, licensees and other third parties making reference to Oklahoma Foundation for the Music Industry and/or OKFMI trademarks. Oklahoma Foundation for the Music Industry and/or OKFMI reserves the right to modify these Usage Requirements as it deems necessary or appropriate, including by written agreement or license with third parties.

Table of Contents

      Preface
I. Rules of Proper Trademark use
A. Company Name Use
B. Proper Trademark Attribution: Symbols and Legends
1. Trademark Symbols
2.Trademark Legends
C. Use of Oklahoma Foundation for the Music Industry and/or OKFMI
1.General Rule: Do Not Assume You are Permitted to Use Oklahoma Foundation for the Music Industry and/or OKFMI.
2. Oklahoma Foundation for the Music Industry and/or OKFMI Logos You Can Use.
3. No Re-Logoing, Co-Logoing, or Logo Removal. F. Use of Oklahoma Foundation for the Music Industry and/or OKFMI Trade Dress by Third Parties Prohibited.
D. Promptly Report Suspected Infringements.
II. Use of Oklahoma Foundation for the Music Industry and/or OKFMI Trademarks with Non-Oklahoma Foundation for the Music Industry and/or OKFMI Goods or Services
A. No Use of Oklahoma Foundation for the Music Industry and/or OKFMI Marks in Non-Oklahoma Foundation for the Music Industry and/or OKFMI Company, Product, or Service Names.
B. Do Not Adopt Any Marks or Names that are Confusingly Similar to a Oklahoma Foundation for the Music Industry and/or OKFMI Trademark.
C. Proper Descriptions of Non-Oklahoma Foundation for the Music Industry and/or OKFMI Products and Services
1. Accuracy.
2. Relationship to Oklahoma Foundation for the Music Industry and/or OKFMI.
3. Compatibility or Conformance to Published Specification.
4. Prominence
5. Proper Use of Symbols and Legends.
6. Do Not Attempt to Claim Rights in Oklahoma Foundation for the Music Industry and/or OKFMI Trademarks.
D. Special Guidelines for Descriptive Use of Oklahoma Foundation for the Music Industry and/or OKFMI Trademarks in the Titles of Books, Magazines, Articles, e-zines, Educational Seminars, User Groups, Trade Shows, Conferences, and Expos.
1. Purpose.
2. Application.
3. Make the Source Clear.
4. Spacing and Formatting.
5. Follow All of the Ordinary Trademark Rules.
6. Some Important Pitfalls to Avoid E. Permitted Descriptive Use of the Oklahoma Foundation for the Music Industry and/or OKFMI Trademarks on Web Sites and Domain Names.
1. The content of the website meets all of these Usage Requirements
2. The use of the domain name is not misleading or likely to cause confusion; and
3. The use meets the following additional standards
III. How to reach Oklahoma Foundation for the Music Industry and/or OKFMI's Marketing & Brands Legal Department

I. Rules of Proper Trademark Use.

A. Company Name Use.
The "Oklahoma Foundation for the Music Industry and/or OKFMI" name is not only a trademark used to identify our products and services, it also serves as our company name. When using the "Oklahoma Foundation for the Music Industry and/or OKFMI" name as a reference to the company, "Oklahoma Foundation for the Music Industry and/or OKFMI" may be used as a noun and no TM symbol is needed. For example, the sentence "Oklahoma Foundation for the Music Industry and/or OKFMI announced a new schedule of performing artists" would be an appropriate use.
B. Proper Trademark Attribution: Symbols and Legends.
Trademark ownership is attributed in two ways, with the use of a trademark symbol (, , or ®) after the trademark, and with a trademark legend, usually found at the end of a document in legible text following the copyright notice. Remember, mere inclusion of a trademark symbol and legend does not entitle you to use a Oklahoma Foundation for the Music Industry and/or OKFMI trademark! For information on how to properly use a Oklahoma Foundation for the Music Industry and/or OKFMI trademark in association with a non-Oklahoma Foundation for the Music Industry and/or OKFMI product or service, please see Section II of these Usage Requirements.
1. Trademark Symbols:
Assuming you are permitted to use a Oklahoma Foundation for the Music Industry and/or OKFMI trademark, please make sure to attribute the mark with the use of TM with the Oklahoma Foundation for the Music Industry and/or OKFMI logo. For all other Oklahoma Foundation for the Music Industry and/or OKFMI trademarks, do not use the ® symbol, but instead use the symbol for products, or the symbol for services. The symbol should be placed immediately after the trademark, either in superscript or in parenthetical form, such as , TM, , , tm, , , SM, , , sm, , etc. Trademark symbols should be used on Oklahoma Foundation for the Music Industry and/or OKFMI trademarks as follows:
a. On products, product labels, and packaging, use an appropriate symbol in each prominent use of the trademark.
b. In every other context, use an appropriate symbol in both the first prominent use of the trademark (in headlines, banners, etc.) and in the first use in the text of body copy.
c. Always use the appropriate symbol incorporated into any of Oklahoma Foundation for the Music Industry and/or OKFMI's logos.
2. Trademark Legends:
The trademark legend is the legal text that identifies Oklahoma Foundation for the Music Industry and/or OKFMI's trademarks. The legend should be printed in legible type and in a location typically used for copyright and other legal notices. For example, the legend may be printed at the end of a document, on the back of a package, on the front cover of documentation, or on the bottom of a web page.
Unless you have an agreement with Oklahoma Foundation for the Music Industry and/or OKFMI that indicates otherwise, use the standard Oklahoma Foundation for the Music Industry and/or OKFMI legend in any material referencing more than one Oklahoma Foundation for the Music Industry and/or OKFMI trademark. Parties other than Oklahoma Foundation for the Music Industry and/or OKFMI may instead use the abbreviated Oklahoma Foundation for the Music Industry and/or OKFMI legend. Please note that third party licensees will often be legally obligated by license to use a Oklahoma Foundation for the Music Industry and/or OKFMI trademark legend that also indicates that the Oklahoma Foundation for the Music Industry and/or OKFMI trademarks are used under license.
STANDARD OKLAHOMA FOUNDATION FOR THE MUSIC INDUSTRY AND/OR OKFMI LEGEND (for use by Oklahoma Foundation for the Music Industry and/or OKFMI or third parties):
"Oklahoma Foundation for the Music Industry and/or OKFMI, Oklahoma Foundation for the Music Industry and/or OKFMI the Oklahoma Foundation for the Music Industry and/or OKFMI Logo [insert all other Oklahoma Foundation for the Music Industry and/or OKFMI trademarks, logos, product names, service names, program names, and slogans that are referred to or displayed in the document] are trademarks or registered trademarks of Oklahoma Foundation for the Music Industry and/or OKFMI in the United States and other countries."

ABBREVIATED Oklahoma Foundation for the Music Industry and/or OKFMI LEGEND (for use by third parties only):
"[Insert all Oklahoma Foundation for the Music Industry and/or OKFMI trademarks that are referred to or displayed in the document] are trademarks or registered trademarks of Oklahoma Foundation for the Music Industry and/or OKFMI in the U.S. or other countries."
Note to Oklahoma Foundation for the Music Industry and/or OKFMI employees: For further information on when it is appropriate to use an abbreviated legend, please contact info@okfmi.org
E. Use of Oklahoma Foundation for the Music Industry and/or OKFMI Logos.
1. General Rule: Do Not Assume You are Permitted to Use Oklahoma Foundation for the Music Industry and/or OKFMI Logos.
Except as specifically provided by license or other agreement with Oklahoma Foundation for the Music Industry and/or OKFMI, third parties may not use any Oklahoma Foundation for the Music Industry and/or OKFMI logo for any purpose. Even when accurately describing a relationship with Oklahoma Foundation for the Music Industry and/or OKFMI or support of Oklahoma Foundation for the Music Industry and/or OKFMI's technology, third parties should not use a Oklahoma Foundation for the Music Industry and/or OKFMI logo in the absence of an agreement. This includes all logos, the Diversafest, LLC and/or DFEST corporate logo, and other product and program logos.
2. Oklahoma Foundation for the Music Industry and/or OKFMI Logos You Can Use.
Oklahoma Foundation for the Music Industry and/or OKFMI does have several logo programs granting third parties permission to use a Oklahoma Foundation for the Music Industry and/or OKFMI logo. For instance, Oklahoma Foundation for the Music Industry and/or OKFMI maintains logo programs to indicate technological compatibility, conformance to specific requirements, membership in programs, alliances with Oklahoma Foundation for the Music Industry and/or OKFMI, etc. Third parties may not use these logos without a specific agreement to do so.
To find out more about Oklahoma Foundation for the Music Industry and/or OKFMI's logo programs, please requestion info via ads@dfestgraphics.com
3. No Re-Logoing, Co-Logoing, or Logo Removal.
Resellers of Oklahoma Foundation for the Music Industry and/or OKFMI products may never alter or modify the Oklahoma Foundation for the Music Industry and/or OKFMI corporate logo or Oklahoma Foundation for the Music Industry and/or OKFMI trademarks that are affixed to or appear on the Oklahoma Foundation for the Music Industry and/or OKFMI products they resell. Similarly, re-logoing (replacing a Oklahoma Foundation for the Music Industry and/or OKFMI trademark with the reseller's logo or mark) and co-logoing (adding the reseller's logo or mark to the Oklahoma Foundation for the Music Industry and/or OKFMI product) are not permitted in the absence of a written agreement with Oklahoma Foundation for the Music Industry and/or OKFMI.
F. Use of Oklahoma Foundation for the Music Industry and/or OKFMI Trade Dress by Third Parties Prohibited.
Third parties generally are prohibited from using Oklahoma Foundation for the Music Industry and/or OKFMI trade dress for their own products, including any of the distinctive ornamental features of Oklahoma Foundation for the Music Industry and/or OKFMI products and packaging. Any such use must be approved by Oklahoma Foundation for the Music Industry and/or OKFMI Legal.
G. Promptly Report Suspected Infringements.
Please report any infringement of Oklahoma Foundation for the Music Industry and/or OKFMI trademarks or trade dress to ads@dfestgraphics.com Please provide as much detail as possible regarding the identity of the possible infringer and well as the suspected infringing use.

II. Use of Oklahoma Foundation for the Music Industry and/or OKFMI Trademarks with Non-Oklahoma Foundation for the Music Industry and/or OKFMI Goods or Services

Only certain, approved uses of Oklahoma Foundation for the Music Industry and/or OKFMI trademarks may be made by Oklahoma Foundation for the Music Industry and/or OKFMI business allies, licensees, and other third parties. In addition to the other provisions set forth in these Usage Requirements, the following rules apply to any use of a Oklahoma Foundation for the Music Industry and/or OKFMI trademark or logo in association with a third party product or service.
A. No Use of Oklahoma Foundation for the Music Industry and/or OKFMI Marks in Non-Oklahoma Foundation for the Music Industry and/or OKFMI Company, Product, or Service Names.
Unless a third party enters into a written agreement with Oklahoma Foundation for the Music Industry and/or OKFMI, third parties generally may not use any Oklahoma Foundation for the Music Industry and/or OKFMI trademark (including the Oklahoma Foundation for the Music Industry and/or OKFMI marks), as all or part of their company or product names.
B. Do Not Adopt Any Marks or Names that are Confusingly Similar to a Oklahoma Foundation for the Music Industry and/or OKFMI Trademark.
Unauthorized use of Oklahoma Foundation for the Music Industry and/or OKFMI trademarks or of marks that are confusingly similar to Oklahoma Foundation for the Music Industry and/or OKFMI trademarks may constitute an infringement of Oklahoma Foundation for the Music Industry and/or OKFMI's trademark rights.
C. Proper Descriptions of Non-Oklahoma Foundation for the Music Industry and/or OKFMI Products and Services
While a third party is not permitted to incorporate a Oklahoma Foundation for the Music Industry and/or OKFMI trademark into the name of its product or service, it can truthfully and fairly describe its products by referencing their relationship to Oklahoma Foundation for the Music Industry and/or OKFMI's products and services. For example, to indicate that a third-party product is intended for use with Oklahoma Foundation for the Music Industry and/or OKFMI technology, a third party may use a descriptive phrase (sometimes called a "tagline") that truthfully states this fact.

A descriptive phrase using a Oklahoma Foundation for the Music Industry and/or OKFMI trademark must meet the following additional requirements:
1. Accuracy. The descriptive phrase must be accurate and not misleading.
2. Relationship to Oklahoma Foundation for the Music Industry and/or OKFMI. Oklahoma Foundation for the Music Industry and/or OKFMI trademarks may not be used in a manner that will cause potential confusion about the relationship between Oklahoma Foundation for the Music Industry and/or OKFMI and the third party product or service, for example, implying sponsorship or endorsement by Oklahoma Foundation for the Music Industry and/or OKFMI that does not in fact exist.
3. Compatibility or Conformance to Published Specification. Oklahoma Foundation for the Music Industry and/or OKFMI trademarks may not be used in a manner that improperly or inaccurately implies compatibility or conformance to any Oklahoma Foundation for the Music Industry and/or OKFMI specification or platform. However, if a third party product or service fully conforms to Oklahoma Foundation for the Music Industry and/or OKFMI's published specifications for one of our mission statement, the third party may use an appropriate descriptive phrase to reference or identify that fact.
4. Prominence. When using a descriptive phrase such as "for emerging artists" to indicate that the product is for use with Oklahoma Foundation for the Music Industry and/or OKFMI, the third party's own product and company names must be displayed much more prominently than any Oklahoma Foundation for the Music Industry and/or OKFMI trademark referenced so that the source of the third party product is clear.
5. Proper Use of Symbols and Legends. Descriptive phrases should properly attribute the trademark with an appropriate symbol and legend as described in Usage Requirement I.D.
6. Do Not Attempt to Claim Rights in Oklahoma Foundation for the Music Industry and/or OKFMI Trademarks. Third parties may not state or suggest that they have, or are claiming rights, in any Oklahoma Foundation for the Music Industry and/or OKFMI trademark.
D. Special Guidelines for Descriptive Use of Oklahoma Foundation for the Music Industry and/or OKFMI Trademarks in the Titles of Books, Magazines, Articles, e-zines, Educational Seminars, User Groups, Trade Shows, Conferences, and Expos.
Ordinarily, our Usage Requirements do not permit third parties to use Oklahoma Foundation for the Music Industry and/or OKFMI trademarks in the name of a third party product or service. However, third parties may do so in the limited descriptive fashion described below.
1. Purpose. As a music conference and music festival, Oklahoma Foundation for the Music Industry and/or OKFMI hopes and expects that the community of musicians, artists, businesses, and other innovators will seek out and share information about Oklahoma Foundation for the Music Industry and/or OKFMI. Oklahoma Foundation for the Music Industry and/or OKFMI's trademarks will often be a natural part of these discussions. To facilitate this discussion, Oklahoma Foundation for the Music Industry and/or OKFMI has set forth these guidelines for the use of Oklahoma Foundation for the Music Industry and/or OKFMI's trademarks in the titles of:
- Books, Magazines, e-zines, and other publications;
- Educational seminars;
- User groups;
- Trade Shows, Conferences, and Expos;
2. Application. These guidelines apply only to word marks, they do not apply to logos.
3. Make the Source Clear. When third parties use Oklahoma Foundation for the Music Industry and/or OKFMI trademarks, they must do so in a manner that does not create potential confusion over the source of any products or services. Customers must not be given the impression that Oklahoma Foundation for the Music Industry and/or OKFMI is the source of a third party publication, educational seminar, user group, trade show, conference, or expo.
a. Oklahoma Foundation for the Music Industry and/or OKFMI Trademarks Must Refer to Oklahoma Foundation for the Music Industry and/or OKFMI Products or Services. When used in the title of a seminar, for example, the use of a Oklahoma Foundation for the Music Industry and/or OKFMI trademark must be to describe the Oklahoma Foundation for the Music Industry and/or OKFMI product or service, not the seminar. b. Third Party Name Must be More Prominent Than Oklahoma Foundation for the Music Industry and/or OKFMI Trademark.
The company name and logo of the third party should appear in a prominent location on all materials relating to the publication, educational seminar, trade show, conference or expo.
c. Use of Legend.
If a Oklahoma Foundation for the Music Industry and/or OKFMI trademark is used in the title of a publication, educational seminar, user group, trade show, conference, or expo, a trademark attribution legend should be used in the following form in the legal notices and publication block (if a magazine) and on all related materials referencing the Oklahoma Foundation for the Music Industry and/or OKFMI trademark:
"[Insert the Oklahoma Foundation for the Music Industry and/or OKFMI trademark, e.g. 'Dfest and all Dfest-based marks'] are trademarks or registered trademarks of Diversafest LLC and/or DFEST in the United States and other countries. [Insert publisher, producer or provider name] is independent of Diversafest LLCand/or DFEST"
4. Spacing and Formatting.
The following spacing and formatting rules apply to the use of a Oklahoma Foundation for the Music Industry and/or OKFMI trademark in the title of a publication, educational seminar, user group, trade show, conference, or expo.
a. Publications and User Groups. A space must separate the Oklahoma Foundation for the Music Industry and/or OKFMI mark from the rest of the title.
b. Trade Shows, Seminars, Conferences, and Expos. Unless Oklahoma Foundation for the Music Industry and/or OKFMI is sponsoring your show or conference and you have entered into a written sponsorship agreement with Oklahoma Foundation for the Music Industry and/or OKFMI that provides to the contrary, the name of any trade show, seminar, conference or exposition concerning a Oklahoma Foundation for the Music Industry and/or OKFMI product, service or technology should begin with the producer's or sponsor's brand or name.

5. Follow All of the Ordinary Trademark Rules.
Except as outlined in this Usage Requirement II.D., these Usage Requirements apply to all third-party publications, educational seminars, trade shows, conferences or expos.
6. Some Important Pitfalls to Avoid:
a. Do not use any of Oklahoma Foundation for the Music Industry and/or OKFMI's logos.
b. Do not do anything that might be understood to suggest association with or sponsorship by Oklahoma Foundation for the Music Industry and/or OKFMI. (See Usage Requirement II).
c. Do not attempt to claim or establish trademark rights in the title. Since the above descriptive uses of Oklahoma Foundation for the Music Industry and/or OKFMI trademarks are intended merely as a reference to Oklahoma Foundation for the Music Industry and/or OKFMI's products and services (and not as a trademark use or form of branding your own products and services with Oklahoma Foundation for the Music Industry and/or OKFMI's marks), you may not attempt to claim or establish trademark rights in the Oklahoma Foundation for the Music Industry and/or OKFMI trademark portions of the name or title of your publication, seminar, user group, conference, trade show, or exposition. Do not register or use the entire name or title as a trademark, service mark, trade name or DBA (doing business as) name.
E. Permitted Descriptive Use of the Oklahoma Foundation for the Music Industry and/or OKFMI Trademarks on Web Sites and Domain Names.
Third parties are permitted to use Oklahoma Foundation for the Music Industry and/or OKFMI trademarks on web sites or in domain names as long as:
1. The content of the website meets all of these Usage Requirements;
2. The use of the domain name is not misleading or likely to cause confusion; and
3. The use meets the following additional standards:
a. The principal or secondary level domain name of the third party should not be identical or virtually identical to any Oklahoma Foundation for the Music Industry and/or OKFMI trademark, since this is likely to cause customer confusion or imply that the web site is affiliated with or sponsored by Oklahoma Foundation for the Music Industry and/or OKFMI.
b. The web site owner should not use a Oklahoma Foundation for the Music Industry and/or OKFMI trademark in his or her company name, product names, or service names. Thus, if the domain contains a Oklahoma Foundation for the Music Industry and/or OKFMI trademark, that domain should not also be a company or product name.
c. The web site owner should not register the domain name as a trademark or service mark and should not claim any trademark or similar proprietary rights in the domain name.
d. The web site should display a legal notice (a link is okay) that contains the following legend:
"[Insert Oklahoma Foundation for the Music Industry and/or OKFMI trademark] is a trademark or registered trademark of Oklahoma Foundation for the Music Industry and/or OKFMI in the United States and other countries. [Insert website owner name] is independent ofOklahoma Foundation for the Music Industry and/or OKFMI"
e. The web site must otherwise comply with domain name registry policies and current laws regarding trademark infringement and dilution.

III. How to reach Oklahoma Foundation for the Music Industry and/or OKFMI's Marketing & Brands Legal Department

Marketing & Brands Legal Department
Oklahoma Foundation for the Music Industry[OKFMI]
P.O. Box 33141
Tulsa, OK 74153-1141
Fax: (918) 742-0767
Internal Trademark Hotline: 918-640-9519

(C) Copyright 2000-2006 Oklahoma Foundation for the Music Industry and/or OKFMI. All rights reserved