Guidelines for Using MCDS Trademarks & Copyrights

 

(Formerly entitled Guidelines for Third Parties Using MCDS Trademarks and Copyrights) 

These guidelines are for MCDS licensees, authorized resellers, developers, customers, and other parties wishing to use MCDS’s trademarks, service marks or images in promotional, advertising, instructional, or reference materials, or on their web sites, products, labels, or packaging. Use of the “MCDS” Logo for commercial purposes without the prior written consent of MCDS may constitute trademark infringement and unfair competition in violation of federal and state laws. Use of MCDS trademarks may be prohibited, unless expressly authorized.

If you are a licensee of an MCDS trademark or logo and have been provided with special trademark usage guidelines with your license agreement, please follow those guidelines. If your license agreement does not provide usage guidelines, then follow these guidelines. If you are an MCDS Authorized Reseller or member of an MCDS program, you may be subject to additional restrictions.

MCDS’s trademarks, service marks, trade names, and trade dress are valuable assets. In following these guidelines, you help us protect our valuable trademark rights and strengthen our corporate and brand identities. By using an MCDS trademark, in whole or in part, you are acknowledging that MCDS is the sole owner of the trademark and promising that you will not interfere with MCDS’s rights in the trademark, including challenging MCDS’s use, registration of, or application to register such trademark, alone or in combination with other words, anywhere in the world, and that you will not harm, misuse, or bring into disrepute any MCDS trademark. The goodwill derived from using any part of an MCDS trademark exclusively inures to the benefit of and belongs to MCDS. Except for the limited right to use as expressly permitted under these Guidelines, no other rights of any kind are granted hereunder, by implication or otherwise. If you have any questions regarding these guidelines, please talk to your MCDS representative or submit your query to MCDS’s Trademark Department.

Authorized Use of MCDS Trademarks

1. Advertising, Promotional, and Sales Materials: Only MCDS and its authorized resellers and licensees may use the MCDS Logo in advertising, promotional, and sales materials. Such authorized parties may use the MCDS Logo only as specified in their agreement with MCDS and any associated Guidelines and such use must always be in conjunction with the appropriate terms that define the relationship authorized by their contract with MCDS. For example:

• Authorized Reseller
• Authorized Value Added Reseller
• Authorized Service Provider
• Authorized Wholesaler

2. Compatibility: Developers may use MCDS, or any other MCDS word mark (but not the MCDS Logo or other MCDS-owned graphic symbol/logo) in a referential phrase on packaging or promotional/advertising materials to describe that the third party product is compatible with the referenced MCDS product or technology, provided they comply with the following requirements.
3. The MCDS word mark is not part of the product name.
4. The MCDS word mark is used in a referential phrase such as “runs on,” “for use with,” “for,” or “compatible with.”
5. The MCDS word mark appears less prominent than the product name.
6. The product is in fact compatible with, or otherwise works with, the referenced MCDS product.
7. The reference to MCDS does not create a sense of endorsement, sponsorship, or false association with MCDS or MCDS products or services.
8. The use does not show MCDS or its products in a false or derogatory light.
9. Publications, Seminars, and Conferences: You may use an MCDS word mark in connection with book titles, magazines, periodicals, seminars, or conferences provided you comply with the following requirements:
10. The use is referential and less prominent than the rest of the title. Acceptable: XYZ CONFERENCE for MCDS Users.
11. The use reflects favorably on both MCDS and MCDS products or technology.
12. Your name and logo appear more prominent than the MCDS word mark on all printed materials related to the publication, seminar or conference.
13. The MCDS logo or any other MCDS-owned graphic symbol, logo, icon or image does not appear on or in the publication or on any materials related to the publication, seminar, or conference without express written permission from MCDS.
14. A disclaimer of sponsorship, affiliation, or endorsement by MCDS, similar to the following, is included on the publication and on all related printed materials: “(Title) is an independent (publication) and has not been authorised, sponsored, or otherwise approved by MCDS Network & Services Sdn Bhd.”
15. A trademark attribution notice is included in the credit section giving notice of MCDS’s ownership of its trademark(s). Please refer to the section below titled “Proper Trademark Notice and Attribution.”
16. Web Sites: Web sites that serve only as noncommercial electronic informational forums concerning an MCDS product or technology may use the appropriate MCDS word mark, provided such use complies with the guidelines set forth in Section 3 above.
17. MCDS Web Badge Licensing Program: Web sites may use one of the MCDS Web Badges if the site uses or was created using MCDS-branded hardware or software and you comply with the terms of the MCDS Web Badges License Agreement and Guidelines. For more information see MCDS Web Badges.

Unauthorized Use of MCDS Trademarks

1. Company, Product, or Service Name: You may not use or register, in whole or in part, MCDS, edecasia, MCTIS, MFCIS, MCDSNS or any other MCDS trademark, including MCDS-owned graphic symbols, logos, icons, or an alteration thereof, as or as part of a company name, trade name, product name, or service name except as specifically noted in these guidelines.
2. MCDS Logo and MCDS-owned Graphic Symbols: You may not use the MCDS Logo or any other MCDS-owned graphic symbol, logo, or icon on or in connection with web sites, products, packaging, manuals, promotional/advertising materials, or for any other purpose except pursuant to an express written trademark license from MCDS, such as a reseller agreement.
3. Variations, Takeoffs or Abbreviations: You may not use an image of a real MCDS or other variation of the MCDS logo for any purpose. Third parties cannot use a variation, phonetic equivalent, foreign language equivalent, takeoff, or abbreviation of an MCDS trademark for any purpose. For example:

Not acceptable:   MC.DS      M.C.T.I.S      MCDS Cart      MCDS Mart

4. Disparaging Manner: You may not use an MCDS trademark or any other MCDS-owned graphic symbol, logo, or icon in a disparaging manner.
5. Endorsement or Sponsorship: You may not use MCDS, MCTIS, MFCIS, MCDSNS or any other MCDS trademark, including MCDS-owned graphic symbols/logos, or icons, in a manner that would imply MCDS’s affiliation with or endorsement, sponsorship, or support of a third party product or service.
6. Merchandise Items: You may not manufacture, sell or give-away merchandise items, such as T-shirts and mugs, bearing MCDS, edecasia, MCTIS or any other MCDS trademark, including symbols, logos, or icons, except pursuant to an express written trademark license from MCDS.
7. MCDS’s Trade Dress: You may not imitate the distinctive MCDS packaging, web site design, logos, or typefaces.
8. Slogans and Taglines: You may not use or imitate an MCDS slogan or tagline.

For example: “New Way For Declaration”

9. Domain Names: You may not use an identical or virtually identical MCDS trademark as a second level domain name.

Not acceptable:    “MCDS.com”     “MCDS mctis.com”     “customs-MCDS.com”     “MCDS Smart.com”

Rules for Proper Use of MCDS Trademarks

1. Trademarks are adjectives used to modify nouns; the noun is the generic name of a product or service.
2. As adjectives, trademarks may not be used in the plural or possessive form.

Correct: I subscribed MCDS declaration.

Not Correct: I subscribed eMCDS declaration.

3. An appropriate generic term must appear after the trademark the first time it appears in a printed piece, and as often as is reasonable after that. For a list of suggested generic terms see the MCDS Trademark List.
4. Always spell and capitalize MCDS’s trademarks exactly as they are shown in the MCDS Trademark List. Do not shorten or abbreviate MCDS product names. Do not make up names that contain MCDS trademarks.

Proper Trademark Notice and Attribution

1. Distribution Within the Malaysia Only.
2. On product, product documentation, or other product communications that will be distributed only in the Malaysia, use the appropriate trademark symbol (TM, SM, ®) the first time the MCDS trademark appears in the text of the advertisement, brochure, or other material.
3. Refer to the MCDS Trademark List for the correct trademark symbol, spelling of the trademark, and generic term to use with the trademark. Generally, the symbol appears at the right shoulder of the trademark (except the MCDS Logo, where the logo appears at the right foot).
4. Include an attribution of MCDS’s ownership of its trademarks within the credit notice section of your product, product documentation, or other product communication.

Following are the correct formats:

_________ and _______ are registered trademarks of MCDS Network & Services Sdn Bhd.

_________ and _______ are trademarks of MCDS Network & Services Sdn Bhd.

2. Distribution Outside the Malaysia:
3. Do not use trademark symbols on products, product documentation, or other product communications that will be distributed outside the Malaysia.
4. Use one of the following international credit notices:

_________ is a trademark of MCDS Network & Services Sdn Bhd., registered in the Malaysia and other countries.

_________ is a trademark of MCDS Network & Services Sdn Bhd.

Depictions of MCDS Products

1. Endorsement or Sponsorship: MCDS does not support the use of its logos, company names, product names, or images of MCDS products by other parties in marketing, promotional or advertising materials as their use may create the perception that MCDS endorses or sponsors the product, service or promotion.
2. Compatibility: If you are a developer, you may show an image of an MCDS product in your promotional/advertising materials to depict that your product is compatible with, or otherwise works with, the MCDS product or technology, provided you comply with the following requirements:
3. Your product is in fact compatible with, or otherwise works with, the referenced MCDS product.
4. The image is an actual photograph of the genuine MCDS product and not an artist’s rendering (Note: You must obtain express written permission from MCDS before using any photograph owned or licensed by MCDS).
5. The MCDS product is shown only in the best light, in a manner or context that reflects favorably on the MCDS products and on MCDS Network & Services Sdn Bhd.
6. The reference to MCDS does not create a sense of endorsement or sponsorship by, or other false association with, MCDS or MCDS products.

For further information with respect to MCDS’s copyrights, please submit your request in writing to the Copyright Team.