Burger King® Brand Identity Guidelines Legal Standards 121 Terms & Conditions Legal Standards Q What is a trademark? mark has become generic or that it is merely Are franchisees of Burger King Q Terms & Conditions descriptive of the product or services. Most people Corporation restricted in any way from A An y word, symbol, design or combination thereof that do not know that the following names were once using the Company’s trademarks? identifies and distinguishes the goods or services of trademarks: Escalator, Linoleum, Kerosene, Milk of One of the goals of Burger King a company from those manufactured, sold or offered Magnesia, Lanolin, Cellophane, Thermos, Aspirin, A F ranchisees are licensed to use all authorized Corporation is to build its brand names by others. In other words, the BURGER KING® name Super Glue, Yo Yo and Bikini. trademarks in connection with the operation of their and Logos so that they are not only famous and the BURGER KING Bun Halves and Crescent Logo, BURGER KING® restaurants, but are not permitted to are trademarks. Do not confuse a trademark with How do I know if a new mark, claim ownership. Franchisees, however, cannot use worldwide, but also synonymous with a trade name. A trade name is the name under which Q any of the Company’s authorized trademarks without quality goods and services at the best a business operates. For example, our Company’s trade illustration or tagline is available obtaining prior approval from the Company. In addition, price. The BURGER KING® name, Logos and name in the United States is Burger King Corporation. for use as a trademark? franchisees are not permitted to claim ownership of Note the following examples: any of the Company’s trademarks. Franchisees should related trademarks are the primary visual T rademark: BURGER KING® A It is essen tial that all newly proposed marks, logos, never apply for registration of any trademark or representations our customers recognize. Trade Name: Burger King Corporation (U.S.) taglines and slogans are cleared for their intended domain name associated with the Company. They represent who we are as a Company. Incorrect: Burger King® Corporation use through the Legal Department to avoid any risk Franchisees are required to adhere to the guidelines It is therefore important that you use the Incorrect: BURGER KING® Corporation of trademark infringement. contained herein for all use of the Company’s Company’s trademarks and Logos correctly trademarks and domain names. at all times to preserve their strength and Ex amples of Trade Names outside the United States: What is trademark infringement? Burger King Restaurants of Canada Inc. (Canada) Q Q How do I know when to use a trademark identity and to protect Burger King Burger King Ltd. (United Kingdom) symbol (for example, TM vs ®)? Corporation’s exclusive right to use them. Burger King Europe GmbH (EMEA) A T rademark law protects consumers from confusion, BK AsiaPac, PTE. LTD. (APAC) mistake or deception as to the source of the goods, and protects the investment the owner of a mark has A The tr ademark designations vary from country to Refer to these guidelines whenever using If y ou are unsure of the Company s trade name made in developing the goodwill symbolized by the country. For example, in the United States, if the any of the Company’s trademarks. in your country, contact the Communications mark. It is an infringement of a Burger King Corporation trademark has been officially registered with the or Legal Departments of Burger King Corporation. mark if another company uses the same or similar United States Patent and Trademark Office, use the ® mark without Burger King Corporation’s authorization symbol. If the trademark has NOT yet been registered, for the same or similar goods or services so as to be use the TM symbol. Outside the United States, use Q Why is correct trademark use important? likely to cause consumers to be confused, mistaken the appropriate designation in the country in which or deceived in believing that the other company’s use is claimed. A T rademark rights, unlike patent and copyright rights, goods or services are those of Burger King Corporation can last forever, provided the mark is not abandoned or in some way connected to Burger King Corporation Ex amples of trademark designations in other and is properly used. If a mark is not properly used, (by endorsement, sponsorship, licensing or in some countries include: it may become generic; that is, the name has come other way). Infringement may also occur if another to mean the product, rather than a certain brand of company uses a mark of Burger King Corporation Australia: “Registered Trademark” or ® product. A trademark which has become generic is in such a way as to dilute the value and goodwill TM or SM for an unregistered not enforceable against infringement. Any competitor associated with that mark (for example, (a) a non- trademark or service mark can use the term for its goods or services. The competitive company uses a Burger King Corporation Canada: “Registered Trademark” or MD importance of correct trademark use in our own mark to symbolize its goods or services; or (b) a third or “Marque Deposee” or ® publications cannot be overstated. Misuse of a mark party uses a Burger King Corporation mark in an Unregistered Marks: TM/MC by an owner is often persuasive to a court that the unwholesome manner). If you become aware of any “Marque de Commerce infringements or potential infringements, contact the Germany: “Eingetragenes Warenzeichen” Legal Department of Burger King Corporation. or ® TM & © 2020 Burger King Corporation. All Rights Reserved. Confidential and Proprietary Information of The Burger King Corporation