TRADEMARK GUIDELINES

The Livescribe brand and its trademarks are valuable assets of Livescribe Inc. (“Livescribe”). Every person, including Livescribe licensees, employees, independent contractors, consultants, suppliers, distributors, resellers, developers, and even those with no relationship with Livescribe, will be held responsible for the correct usage of trademarks and logos owned by or licensed to Livescribe (the “Livescribe Trademarks”).

These guidelines will help you use the Livescribe Trademarks correctly and consistently in compliance with Livescribe's requirements. Please read them in their entirety and strictly adhere to them.

IN ORDER TO USE A LIVESCRIBE TRADEMARK NOT INCLUDED IN THE LIST BELOW, YOU MUST CONSULT THE CONTACT LISTED BELOW TO ENSURE YOUR COMPLIANCE WITH SUCH TRADEMARK USAGE.

Rules for Proper Usage

1. Use Livescribe trademarks as adjectives followed by appropriate nouns.Do not use them as verbs or nouns. The appropriate nouns for certain Livescribe trademarks are listed at the end of this document.

   Don't: You can use the Pulse™ to record audio.
   Do: You can use the Pulse™ smartpen to record audio.

   NEVER pluralize Livescribe trademarks.

   Don't: Livescribe™ Pulses feature 2G of memory.
   Do: Livescribe™ Pulse smartpens feature 2G of memory.

   NEVER hyphenate Livescribe trademarks.

   Don't: Our application is Livescribe™–ready.
   Do: Our application is compatible with Livescribe™ products.

   NEVER use Livescribe trademarks as possessives.

   Don't: Compare Pulse's™ features.
   Do: Compare the features of the Pulse™ smartpen.

   NEVER use Livescribe trademarks as verbs.

   Don't: Paper replaying your class notes will help you study.
   Do: Use the paper replay™ feature to record and take notes of classes.

2. Always use the correct spelling and format of trademarks and logos, and make prominent use of the correct trademark notice symbols in superscript or subscript.
   

   Don't: Use your Livescribe smartpen to upload your notes.
   Do: Use your Livescribe™ smartpen to upload your notes.

3. Always use trademarks and logos in the correct contexts. Do NOT use the Livescribe corporate logo for Licensee products. Do NOT assume that a use is permissible without checking with the contacts listed below.

Unlicensed Uses of Livescribe Trademarks

1. Use of Livescribe trademarks in company, product, service, domain names and institution names. Unless specifically licensed by Livescribe, a third party should NOT use (i) any Livescribe Trademark, (ii) any mark, word or word fragment that is identical or similar to a Livescribe Trademark, or (iii) any local translation of a Livescribe Trademark, as part of its company, product, service, domain or institution name, or to suggest Livescribe's sponsorship, endorsement or affiliation.

   Don't: Use the URL www.livescribe.com.
   Do: Use the URL www.xyz.com/products/livescribesmartpens.

2. Fair use of Livescribe trademarks. Livescribe allows you to make “fair use” of Livescribe product brands in true and non–misleading factual statements about those Livescribe products. Livescribe also allows you to truthfully communicate that your product is compatible with, or was designed for use with, a Livescribe product.

   All such statements must be accurate. Do NOT use Livescribe Trademarks in a manner that would disparage Livescribe, its subsidiaries, its products, or services (e.g., untruthful advertising, false/misleading promotional materials, etc.). NEVER use Livescribe's logos or stylized marks unless you have express written permission from Livescribe. Unlicensed use of logos or stylizations (as distinguished from word marks) is not a fair use and is strictly prohibited by Livescribe.

   When making fair use of a Livescribe trademark, you should acknowledge that Livescribe Inc. owns or is the exclusive licensee of the trademark. The following language is appropriate:

   “LIVESCSRIBE and PULSE are trademarks or registered trademarks of Livescribe Inc.”

   Don't: Use the Livescribe logo when referring to ABC™ applications for Livescribe™ products.
   Do: Indicate that ABC applications are developed for Livescribe™ products.

   NEVER combine your trademark with a Livescribe trademark or any other word.

   Don't: XYZ, Inc. introduces Pulse™ software.
   Do: XYZ, Inc. introduces XYZ™ reader software for the Livescribe Pulse™ smartpen.

   NEVER use a Livescribe trademark in a way that would suggest that Livescribe endorses, sponsors, certifies or is affiliated with your product or company unless you have Livescribe's express written permission to do so.

   NEVER use or imitate Livescribe slogans or tag lines.

Livescribe Trade Dress

Livescribe owns rights in the distinctive “look and feel” of its product configurations and packaging. This “trade dress” includes the unique style of Livescribe's smartpens and other products, their packaging, and the layout of their web properties. Livescribe considers its trade dress to be among its most valuable assets and prohibits others from using it except under express license.

Notice Symbols

To put the world on notice that Livescribe claims exclusive rights in its trademarks, please use the ® symbol to indicate registered trademarks and the ™ symbol to indicate unregistered trademarks. Wherever possible, trademark notice symbols should be superscripted after word marks (ex: Livescribe™) and subscripted after logos (i.e., lower right corner). If superscript or subscript is not available or may not be transmitted correctly (for example, in e–mail), use parentheses: (TM) and (R). Third parties who have Livescribe's express permission to use Livescribe's logos should note that notice symbols should ALWAYS appear with logos. Generally, notice symbols should appear with Livescribe word marks in their first AND most prominent occurrence in a document. If a particular page is likely to be separated from the whole, such as a chart or presentation slide, mark the first and most prominent occurrence on EVERY PAGE.

Non–Trademark Uses

Trademark notice symbols are used with words only when they function as trademarks to identify a product or service, not when the words are used as company names or in other ways.

For example:

“Capture your meetings with the latest Livescribe™ product.” Use an ™ symbol because Livescribe identifies a product.

“Livescribe is a leading manufacturer of smartpens.” Do not use an ™ symbol because "Livescribe" is used as a company name, not as a brand.

Trademark Attribution Blocks

In order to protect Livescribe's valuable intellectual property rights, all publicly distributed communications mentioning Livescribe Trademarks should include an attribution block. Communications containing many Livescribe Trademarks should follow the long-form format:

“LIVESCRIBE, PULSE, ECHO, PAPER REPLAY and NEVER MISS A WORD are trademarks of Livescribe Inc. All rights reserved. ©20XX Livescribe Inc.”

Of course, you may shorten the attribution block by removing any trademarks that are not referenced in a particular communication. For example, an advertisement containing references to the Livescribe™ Pulse™ smartpen should contain an attribution block following the short-form format:

“LIVESCRIBE and PULSE are trademarks or registered trademarks of Livescribe Inc.”

Trademark Guidelines

These Trademark Guidelines are for distribution to third parties, including Livescribe licensees and resellers. When these guidelines are revised, the updated version will be posted at: www.livescribe.com/legal/trademark.html.

To obtain permission for proposed uses of the Livescribe Trademarks by you or for materials distributed only in a specific country, copies of these guidelines, usage of trademarks beyond the scope of these guidelines, to report violations of these guidelines, or for questions regarding the Livescribe Trademarks, contact: legal@livescribe.com.

Trademark and Noun List

Below is a list of some of the Livescribe Trademarks, along with the nouns with which the marks may be used. All nouns should appear in lowercase except where accepted capitalization rules dictate otherwise (headings, titles, etc.). The nouns may be pluralized when necessary. The ™ and ® symbols reflect the trademark registration status in the U.S. Patent and Trademark Office and may not be appropriate for materials to be distributed outside of the United States. If you are a reseller located outside the United States and are unclear as to whether to apply the ™ or ® symbol, default to the ™ symbol.

Trademark	Acceptable Noun(s)
Livescribe™	desktop; dot-paper; notebook; journal; products
Sky™	wifi smartpen
Echo®	smartpen
Pulse™	smartpen
Pencast™
Paper Replay™	session or feature
Never Miss a Word™