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Trademark Use Policy

HomeTrademark Use Policy

USE POLICY FOR DAV MARKS

1.  Introduction

Disabled American Veterans (“DAV”) is a federally incorporated veterans services organization, legally organized under the laws of United States, founded to serve the interests of the nation’s disabled veterans.  36 U.S.C. § 50301 et seq.  In its over hundred-year existence, DAV has developed a reputation for its charitable programs and services, all of which are embodied in its trademarks and logos.

By way of background, a trademark is any word, name, symbol or device (or any combination thereof) that identifies and distinguishes the source of the goods of one party from those of others. Similarly, a service mark is any word, name, symbol or device (or any combination thereof) that identifies and distinguishes the services of one party from those of others. Trademarks and service marks are important and valuable assets for both businesses and individuals. A distinctive mark allows a business to build public goodwill and brand reputation. Marks also help individuals identify the source of goods and services and make informed choices based on their experiences.  Marks may be expressed in forms such as letters and words, logos, pictures, a combination of words and a logo, slogans, colors, product shapes, and sound. A complete list of DAV’s registered marks is available at the United States Patent and Trademark Office’s public Trademark Electronic Search System database, which may be accessed at www.uspto.gov/trademarks.

While DAV acknowledges, and welcomes, the desire of third parties to show affiliation with our organization, parties are not permitted to use DAV’s marks (“DAV Marks” or “DAV Mark”) in such a manner unless they have entered into a written agreement with DAV that defines the permitted terms of use.

This policy (“Policy”) is intended to provide third parties with an overview of the legal rights associated with DAV’s Marks and lay out important general rules and restrictions that apply to use of DAV’s Marks. This Policy is subject to change at any time and without notice.

2.  Prohibited Uses of DAV’s Marks

For its federally registered Marks, DAV has exclusive rights to use them in connection with its claimed goods and services and is empowered to prevent others from using its trademarks inappropriately.[1] It is the policy of DAV to vigorously enforce its rights against any third party that infringes on the DAV Marks, and no third party has authority to use any of the DAV Marks without the express written consent of an authorized representative of the organization. If authorization is given for use of DAV’s Marks, it is expected that the third party will comply in all respects with the requirements and conditions set forth in this Policy and in any other guidelines promulgated by DAV.

In order to ensure that a third party does not engage in infringing conduct, the third party should avoid doing any of the following:

  • Using a DAV Mark in a manner that is likely to represent or imply either an affiliation with DAV or an endorsement by DAV of specific companies, products, services, materials, courses, or programs without the express permission of DAV.
  • Using the DAV name or the DAV Marks for political purposes, including, but not limited to, promoting the candidacy of an individual seeking public office.
  • Using the DAV Marks, including any design mark, in any materials that are created independently without the express permission of DAV.
  • Using the DAV Marks in a manner that is likely to confuse the public about the origin of products, services, materials, courses, or programs.
  • Using a mark similar to the DAV Marks that it could be confused as a DAV Mark (considering visual, phonetic and connotations of the marks).
  • Altering, adapting, modifying, animating or morphing any DAV Marks.
  • Using a DAV Mark in a manner that is likely to dilute, defame, disparage, or harm the reputation of DAV.
  • Using the DAV name or Marks as all or part of a product, service, solution, program or company name.
  • Using the DAV name and Marks as nouns and not adjectives.
  • Using the DAV name and Marks without setting them apart in size, style, or font from textual content.
  • Using the DAV name and Marks in violation of any written brand standards or guidelines.
  • Using the DAV name and Marks without inclusion of the federal registration symbol in each depiction.

3.  Permissible References to DAV Materials

DAV acknowledges that the use of the DAV name and Marks, excluding any logos, may be necessary to describe the subject matter of its services and programs. Consequently, DAV does allow descriptive, non-trademark uses of its Marks; however, the DAV name and other trademarks, excluding any logos, may be used ONLY when necessary to describe the subject matter of its services and programs. All uses must be accurate and descriptive in nature so there is no likelihood of confusion to the public.

4.  Trademark Permission Requests

To request permission to use a DAV Mark, please contact DAV’s Communications Department at [email protected].

5.  DISCLAIMER

This Policy is not intended to serve as legal advice. Should you have questions regarding your legal rights or duties, please consult with your own attorney. Should you have further questions regarding the policies of DAV with respect to use of its Marks, please contact DAV’s Communications Department at [email protected].

 

[1] The organization and its state and local subdivisions also have the exclusive right to use the name “Disabled American Veterans” pursuant to 36 U.S.C. § 50305.