Guidelines for Use of Whelen Trademarks

These guidelines are for Whelen authorized distributors, sales representatives, customers, and other parties wishing to use Whelen’s trademarks, service marks or images in promotional, advertising, instructional or reference materials or on their web sites. 

Whelen Engineering Company, Inc. (“Whelen”) owns the trademark WHELEN® and other trademarks, service marks, trade names, logos and graphic symbols associated with its products (the “Whelen Marks”).  The Whelen Marks are listed on the attached Whelen Trademark List, which will be updated from time to time. 

The Whelen Marks identify Whelen as the source of its products and services and distinguish Whelen products and services from those of competitors.  Whelen has earned a reputation as a leader in its chosen businesses and the Whelen Marks create a powerful global brand that leverages the company’s rich history of innovation, quality, and credibility.  Brand identity lays the foundation for recognition of and preference for Whelen products and services among customers, employees, vendors, and the general public.    

The Whelen Marks are valuable assets, which can be damaged by improper use by those affiliated with Whelen, as well as unauthorized use by third parties.  The Whelen Marks must be used consistently and correctly to preserve their legal status and to increase the recognition and strength of the Whelen brand in the marketplace.  Whelen Marks should always be used in the manner set forth in these Guidelines.  A request to use or display a Whelen Mark in a manner not set forth in these Guidelines, or a request to apply to a Whelen product a mark that is not listed on the Whelen Trademark List, requires Whelen’s prior written approval.  Such requests should be directed to:

Howard Berke
Whelen Engineering Company, Inc.
51 Winthrop Road
Chester, CT  06412
Fax:  860.526.4078

A TRADEMARK IS DIFFERENT FROM A COMPANY NAME
A trademark legally is not the same as a company or trade name, although a company name may contain or consist of a trademark.  “Whelen Engineering Company, Inc.” is the official name of the corporation and is always used as a noun.  The company may be referenced informally as “Whelen”; e.g., “Whelen is a reliable company.”  The corporation Whelen Engineering Company, Inc. owns rights in the trademark WHELEN, as that term is used in connection with the corporation’s products.  The trademark WHELEN is always used as an adjective and associated with a generic term for the product; e.g., WHELEN lightbars.

THE WHELEN “BOWTIE” MARK
The Whelen “Bowtie” Mark is the oldest and most prominent of the Whelen Marks.  The “Bowtie” Mark is much like a legal signature on a formal document; it is not simply a design element.  It authenticates a product or document as originating from Whelen.  The “Bowtie” Mark should be prominently displayed to identify genuine Whelen products, written materials, authorized distributors and sales representatives, and company facilities.

ACCEPTABLE FORMS OF THE WHELEN “BOWTIE” MARK

Click here for a printable version of the acceptable forms

Consistent presentation is critical in building the strength and effectiveness of the “Bowtie” and other Whelen Marks.  The most prominent forms of the Whelen “Bowtie” are shown above.  A group of print-quality images of acceptable alternative forms of the Whelen “Bowtie” will be maintained in the password protected area of www.whelen.com and are available to those authorized to use the Whelen “Bowtie” mark.  The Whelen Logo Specification Sheet sets forth the shape, color and fonts that must be used with the Whelen “Bowtie” mark.  Any presentation of the Whelen “Bowtie” should be accompanied by the superscript symbol ®, which indicates the mark is registered with the U.S. Patent and Trademark Office.  Graphical presentation of the trademark WHELEN in any form other than those specifically sanctioned by Whelen Engineering Company, Inc. is strictly prohibited.

Only Whelen and its authorized distributors, representatives and licensees may use the Whelen “Bowtie” mark in advertising, promotional, and sales materials.  Whelen authorized distributors and sales representatives may use the Whelen “Bowtie” mark only as specified.  Use of Whelen Marks must always be in conjunction with statements that define the relationship with Whelen.  For example: “Authorized Whelen Distributor”, “Authorized Whelen Sales Representative”, “Authorized Whelen Factory Repair Center”, “Authorized Whelen Repair Center.”

Use of the Whelen “Bowtie” Mark is Restricted.  Neither the Whelen “Bowtie” mark, nor any other Whelen-owned graphic symbol, or logo, may be used on or in connection with web sites, products, packaging, manuals, promotional or advertising materials, or for any other purpose, except pursuant to an express written trademark license from Whelen, such as a Distributor Agreement.

USE OF WHELEN MARKS IN CONNECTION WITH OTHER COMPANIES’ PRODUCTS
From time to time, Whelen may consent to the use of its Marks in conjunction with another party’s products and marks; e.g., the mark below resulted from Whelen’s affiliation with the National Association for Stock Car Auto Racing, Inc., which owns the mark NASCAR:

In such cases, the distinction between Whelen Marks and products, and those of the promotion partner, must be emphasized by including a legend for each party’s mark, e.g.:
® WHELEN is a registered trademark of Whelen Engineering Company, Inc. and is used with permission.

PROPER USE OF WHELEN TRADEMARKS

Always use a Whelen Mark as an Adjective, Never use a Whelen Mark as a Noun or a Verb
Proper trademark use requires that the trademark always be accompanied by a generic term for the referenced product or service.  A Whelen Mark should not be used in possessive or plural form.   Refer to the Whelen Trademark List for the correct generic term to use with each Whelen Mark.

Proper – a Whelen® JusticeTM lightbar
Improper – Traffic Advisors

Always Use the Appropriate Trademark Designation
The ® designation means the trademark is a federally registered trademark.  The TM designation means the trademark is not federally registered.  It is not necessary to clutter every piece of text with the trademark symbol every time the mark is used.  Use the appropriate trademark designation (®, TM) at least the first time the Whelen Mark is used in a document or label.  Also use the trademark designation if the Whelen Mark appears in a headline or title.  Refer to the Whelen Trademark List for the correct trademark designation to use with each Whelen Mark.  The trademark designation to the right of the mark may appear above (superscript) or below (subscript).

Proper – a Whelen® Super-LED® lighthead
Improper – a Whelen™ Super-LED lighthead

Always Use Whelen Marks Consistently, Never Change or Alter a Whelen Mark

Refer to the Whelen Trademark List for the proper format of each Whelen Mark.
Proper – a Justice® WeCan® Super-LED® lightbar
Improper – a Justice We-can SuperLED lightbar

Always Include a Proper Trademark Notice and Attribution
Trademark notices should always appear in a suitable position in the printed material or web page, e.g., at the bottom of the advertisement or the back page of a brochure.  The footnote should only refer to those Whelen Marks which have been used in the material.  Suitable formats for trademark attributions are:

__________® and _________® are registered trademarks of Whelen Engineering Company, Inc.
__________ TM and _________TM are trademarks of Whelen Engineering Company, Inc.

Properly Emphasize a Whelen Mark
Whelen Marks should be set apart from the surrounding text by capitalizing at least the first letter of each word of the mark.  The entire mark may be capitalized for emphasis.  Refer to the Whelen Trademark List for the preferred form and capitalization of Whelen Marks.
Proper – a Whelen® Ultra FreedomTM lightbar
Improper – a whelen ultra freedom lightbar

ASSOCIATION OF WHELEN MARKS WITH NON-WHELEN GOODS OR SERVICES
The Whelen Corporation name, WHELEN® trademark and Whelen “Bowtie” Mark may only be used in conjunction with genuine Whelen products and services and should never be associated with non-Whelen goods or services.  Some distributors, re-sellers or sales representatives may sell goods not manufactured by Whelen.  Great care must be taken to prevent association of the Whelen Corporation name or Whelen Marks with third party businesses, and non-Whelen products or services.  Examples:

• Compatibility: It is improper to use the Whelen Corporation name or any Whelen Mark in the name or title of non-Whelen goods in any publication, online auction, or website, e.g., “compatible with Whelen” or “with Whelen plugs” UNLESS such description is completely and strictly accurate.  Most commonly, the Whelen Corporation name is used in such product titles to ensure the product is included in results when “Whelen” is used as an online search term.  If the product is no more “compatible with Whelen” than it is with the products of other warning light manufacturers, then the statement is improper.  If the plugs associated with a product are industry standard, then reference to “Whelen plugs” is improper.
• Endorsement or Sponsorship: It is improper to include the Whelen Corporation name, any Whelen Mark or any image of a Whelen product in promotional materials for any business, website, or service that is not an officially sanctioned Whelen distributor or reseller, or when that business or website sells goods not manufactured by Whelen.  Such promotional use improperly suggests that all the products or services of that business or website are sanctioned, sponsored or endorsed by Whelen.     
• Merchandise Items:  Whelen Marks may not be used on any merchandise items, such as T-shirts, hats or mugs, except pursuant to an express written trademark license from Whelen.

PROHIBITED USES OF WHELEN MARKS
The following uses of Whelen Marks are prohibited:

• Company, Product, or Service Name: Whelen Marks may not be used or registered as any part of a company name, trade name, product name, or service name except as specifically set forth in these guidelines.
• Disparaging Use: Whelen Marks may not be used in a manner disparaging to Whelen products or Whelen Engineering Company, Inc.
• Endorsement or Sponsorship:  Whelen Marks may not be used in a manner that would imply Whelen’s affiliation with or endorsement, sponsorship, or support of a third party product or service.

REPORT IMPROPER USE OF WHELEN MARKS
Improper use of Whelen Marks should be reported to:

Thomas J. Menard
Alix, Yale & Ristas, LLP
750 Main Street, 14th Floor
Hartford, CT 06103
Tel. (860) 527-9211