Our trademarks are valuable corporate assets that play an important role in promoting our products and services. If any of our trademarks are used improperly, however, their value may be weakened or they may be lost altogether. These Marks Rules set forth basic rules about how to properly use our trademarks, service marks, trade names, logos, designs, icons, slogans, trade dress, sounds, colors and other source identifying devices (the “Marks”). By following these Marks Rules, you help us protect our rights in our Marks. These Marks Rules apply only to the Marks of MetroPCS®, a brand of T-Mobile USA, Inc., but not to the other marks of T-Mobile USA. All references to “we”, “our” or similar terms means MetroPCS, a brand of T-Mobile USA, Inc.
A. General Rule. We do not allow third parties to use the Marks unless (1) they have received our written permission in the form of a license, or (2) their use of the Marks qualifies as a fair or nominative use for which a license is not required under applicable law.
If you or your company is already party to a written agreement pursuant to which you are licensed to use some or all of the Marks, that agreement, in addition to any and all branding guidelines and other directives (“Branding Guidelines”), will govern your rights to use those Marks. All licensees are also required to fully comply with these Marks Rules. If a rule in these Marks Rules conflicts with or is inconsistent with a term or provision in your license agreement or any Branding Guidelines, then the term appearing in the agreement or Branding Guidelines will control.
If you or your company is not a party to a written agreement permitting you to use the Marks, then you should only use the Marks if such use qualifies as a fair or nominative use. We strongly caution you against using the Marks, or confusingly similar versions of the Marks, in any manner suggesting that we sponsor, are affiliated with, certify, approve or endorse you, your company, your products or services, or your views and opinions. Such uses may constitute trademark infringement and/or dilution. If you have any questions regarding whether your use of the Marks qualifies as a fair or nominative use, or whether your use constitutes infringement or dilution of the Marks, you should consult your own legal counsel.
To obtain authorization to use the Marks, or to report possible infringement or dilution of the Marks, please contact our Intellectual Property Team at IPCOUNSEL@T-MOBILE.COM.
B. Rules Applicable to Anyone Who Uses the Marks.
1. Trademark Notice Symbols. When using the Marks, use the proper notice symbol in conjunction with the Mark, to reflect whether a Mark is registered or unregistered. The notice symbol should be placed immediately after the Mark, in a superscript and in a size that is easily readable but is smaller than the Mark itself.
There are two types of symbols:
® indicates that a trademark or service mark is registered.
TM indicates that a trademark or service mark is not registered.
If you are using our logos or designs, use a trademark notice symbol on each use of the logo or design, regardless of the number of times it appears in your media.
If you are using a word mark, use a trademark notice symbol on the most prominent use of a Mark in your media. If there is not a single most prominent use, then use a trademark notice symbol on the first use of a Mark that appears in the media.
A notice symbol should be used whenever possible, except where the nature of a Mark, or space or style criteria, make use impractical. For example, a notice symbol is not required to be used on a Mark that is not easily referenced with a notice symbol, such as an audible or sound Mark or trade dress. In cases where use of notice symbols is not practicable, include an ownership attribution legend (see Item 2 immediately below).
2. Ownership Attribution Legend. Include the following legend in the same document or on the same media as the Marks. The legend should be presented in an easily readable typeface of at least 8 point size, and can be placed at the end or bottom of marketing materials, at the bottom of a web page, or on the back of product packaging.
“MetroPCS and [LIST OTHER MARKS] are registered and/or unregistered trademarks of T-Mobile USA, Inc. d/b/a MetroPCS.”
3. Adjectives Modifying Nouns. Always use a Mark as an adjective modifying a noun. Do not use a Mark as a noun or a verb, and do not use a Mark in a way that suggests a common, descriptive or generic meaning. Always use a Mark immediately before a noun that describes the associated good or service.
Correct: “MetroPCS® wireless products and services.”
Incorrect: “MetroPCS® can be used around the world.”
4. Exact Use. Use Marks exactly as used by us, without varying the spelling, abbreviating, adding or deleting hyphens, breaking one word into two or more words, pluralizing, or making possessive through the use of apostrophes.
Incorrect: “MPCS” (abbreviation)
Incorrect: “MetrPCS” (misspelling)
Incorrect: “Metro-PCS” (inserting a hyphen that is not part of the mark)
Incorrect: “We sell MetroPCS-related products” (inserting a hyphen between the mark and surrounding words)
Incorrect: “Metro PCS” (breaking one mark into two words)
Incorrect: “MetroPCSs plans” (pluralizing)
Incorrect: “MetroPCS’s mobile services” (possessive)
5. Exact Logo Use. Use Marks exactly as used by us, without any alteration or modification to the design, words, colors and/or proportions.
6. Visual Distinctiveness. For Marks that are words (as opposed to logos and designs), capitalize the first letter of the Mark, put the entire Mark in capital letters or in italics, underline the Mark, or put the entire Mark in quotation marks, in order to make the Mark visually distinct from surrounding text.
For other Marks, such as logos, keep them visually distinct and separate from surrounding text and design elements. In particular, keep the MetroPCS® logo as a stand-alone element, without other marks or logos grouped with it, including by maintaining a visual distinction between your company name and the MetroPCS® logo. Unless you are a licensed user and your agreement permits you to do so, do not make the MetroPCS® logo so prominent that the media appears to be from MetroPCS, a brand of T-Mobile USA, Inc.; the size and placement of the Marks in your media must clearly reflect that you are an independent entity.
7. Adoption and Use as Trademarks or Other Assets. Do not adopt the Marks, or confusingly similar versions of the Marks, as your own trademarks or other brand-related assets. By way of example and not limitation, do not copy or imitate any trade dress, such as the color palate and color combinations, graphics, sounds, imagery, typefaces or stylizations that we use. By way of further example and not limitation, do not use the Marks, or confusingly similar versions of the Marks, as all or part of a:
Trademark or service mark
Product or service name
Company name, trade name, or fictitious or assumed business name
Top level domain or a second level domain name
AdWord or other keyword used to generate sponsored links in a search engine
Social networking name, “handle” or other user identifier used in connection with a social networking site.
Software application name.
For licensed users of the Marks: Any use of the Marks in the foregoing fashions may constitute a breach of your agreement. You acknowledge that any registration and use of a domain that incorporates a Mark, or a confusingly similar version of a Mark, is an unlicensed use and constitutes bad faith registration and use under the Anticybersquatting Consumer Protection Act and the Uniform Domain Name Dispute Resolution Policy. For each of the foregoing, you agree to abandon such asset, or to assign and transfer such asset to T-Mobile USA, Inc. upon our demand.
8. Sponsorship, Affiliation, Etc. Do not use the Marks, or confusingly similar versions of the Marks, in a manner that implies our sponsorship or affiliation with, or certification, endorsement or approval of, you, your company, your products or services, or your views and opinions. If you are a licensed user of the Marks, you may use the Marks in this manner only to the extent permitted by your agreement. For example, if you are an authorized indirect dealer of our goods and services, you may use the MetroPCS® logo to identify yourself as an authorized indirect dealer in compliance with your agreement.
9. Objectionable Uses. Do not use the Marks, or confusingly similar versions of the Marks, in any media or in any manner that is inaccurate, distasteful, obscene, sexually explicit, vulgar, profane, offensive, libelous, slanderous, religiously or racially offensive, or that disparages T-Mobile USA, Inc. d/b/a MetroPCS or its parent, affiliates and subsidiaries.
10. Compliance with Laws. Do not use the Marks, or confusingly similar versions of the Marks, in any media or in any manner that is untruthful, unfair, or that violates any law or regulation.
11. Merchandise and Promotional Items. Do not manufacture, market, distribute, sell, or give away merchandise or promotional items, such as T-shirts or mugs that bear any Marks or confusingly similar versions of the Marks.
C. Rules Applicable to Unlicensed Users.
If you believe that you are making a fair or nominative use of the Marks without license, you should include the following notice in legible print when using the Marks:
“[Your Company Name] and its products and services are not sponsored, certified, endorsed or approved by, or affiliated with, T-Mobile USA, Inc. d/b/a MetroPCS.”
D. Rules Applicable to Licensed User.
If you are using the Marks under license, or if you formerly used the Marks under license, you are required to do the following:
1. Unless otherwise set forth in your agreement, you must, within thirty (30) days of termination of your agreement for any reason, deliver all literature, materials, business cards, signs, labels, and other documents and materials, and all registrations, upon which or in which the Marks appear, to us. If authorized by us and in lieu of the foregoing, you may permanently destroy such materials and certify in writing that you have done so.
2. Unless otherwise set forth in your agreement, we reserve the right to (1) review and approve any uses of the Marks by you and the nature and quality of the goods and services with which the Marks are used in advance of such use, and (2) demand a sampling of goods and media bearing the Marks to determine the manner in which you use the Marks and the nature and quality of the goods and services with which the Marks are used.
1. With respect to unlicensed users of the Marks, these Marks Rules are solely intended to set forth general usage guidelines. Nothing set forth herein may be construed as a license from or authorization by us to use the Marks, or as an admission that any unlicensed use of the Marks in compliance with these Marks Rules is either a fair or nominative use of the Marks, or a non-infringing or non-dilutive use of the Marks.
2. With respect to licensed users of the Marks, these Marks Rules may be incorporated by reference into the terms of such users’ license agreements or terms. Nothing set forth in these Marks Rules, or by virtue of their publication here, may be construed as a waiver by us of any right of confidentiality in such agreements, all of which are expressly reserved.
3. We reserve the right to begin using new Marks, update our existing Marks, and increase or decrease use of our Marks at any time in our sole discretion. We reserve the right to modify and update these Marks Rules at any time. Please check these Marks Rules periodically to remain apprised of any modifications and updates.
F. Non-compliant Use or Potentially Infringing Use by Others.
If you become aware of any use of the Marks, or confusingly similar versions of the Marks, by others that does not comply with these Marks Rules or that may constitute trademark infringement or dilution, please let us know by contacting us at IPCOUNSEL@T-MOBILE.COM.