Guidelines for Proper Referential Use of the GED® Trademark by Third Parties GED®, GED TESTING SERVICE®, and GED READYTM are trademarks owned by American Council on Education (“ACE”). GED Testing Service LLC (“GED Testing Service”), as the exclusive licensee of these marks, administers and polices the GED® brand and related trademarks on behalf of ACE. GED Testing Service requires all third parties using or referencing the term “GED” (the “GED Trademark”) to comply with these guidelines, unless otherwise provided in a written license agreement between ACE or GED Testing Service and the third party. Failure to comply with these guidelines may constitute trademark infringement and unfair competition in violation of federal and state laws. Any use of the term “GED,” regardless of the context, constitutes a use of the GED Trademark that is subject to these guidelines. These guidelines cannot anticipate every potential use of the GED trademark. Even in instances where pre-approval is not required, we encourage you to send any materials using the GED Trademark to us to ensure that you have complied with these guidelines. Consistent with the trademark fair use doctrine, third parties may use the GED Trademark to refer to the GED® test or the GED® test credential provided that they comply with the following provisions: General Guidelines Your company or brand name should always appear on your product or materials in a manner and size that will immediately identify you as the source of the product or service. GED® should always be used as an adjective that is followed by the registration symbol and a generic term or phrase and only to describe a particular test and testing services offered by GED Testing Service. The following are some examples of proper uses of the GED® trademark: - GED® test GED® testing program GED® test credential GED® test preparation materials NOTE: Avoid using GED® as a noun. For example, statements such as, “The fast path to getting your GED” should be replaced with “The fast path to passing the GED® test.” A superscript registration symbol should always be used in conjunction with the GED trademark (GED®), except as otherwise provided in these guidelines. The following notice (“Standard Disclaimer”) should appear in a legible font and color on any materials or websites where the GED Trademark is used: “GED® is a registered trademark of the American Council on Education (ACE) and administered exclusively by GED Testing Service LLC under license. This material [or content] is not endorsed or approved by ACE or GED Testing Service.” GED® and GED Testing Service® are registered trademarks of the American Council on Education (“ACE”). They may not be used or reproduced without the express written permission of ACE or GED Testing Service. The GED® and GED Testing Service® brands are administered by GED Testing Service LLC under license from the American Council on Education. Do not use any possessive or plural form of the GED Trademark. Correct: The GED® test question was difficult. Incorrect: The GED’s question was difficult. Correct: The students all got their GED® test credentials. Incorrect: The students all got their GEDs. Do not use the GED Trademark in a manner that suggests or implies that you or your product is endorsed by, affiliated with, or sponsored by ACE or GED Testing Service, unless otherwise licensed to do so by ACE or GED Testing Service. Do not place more emphasis on the GED Trademark than the surrounding text or marks. Do not use any GED® logos, logotypes, trade dress or other brand elements in connection with products, packing, manuals, advertising material, or websites for any purpose. Do not modify the GED Trademark (e.g., Pre-GED) or use logos or other designs that incorporate the GED Trademark. Do not use, claim ownership of, or attempt to register any trademarks, logos, or brands that contain the GED Trademark as a component (e.g., “GED Master” or “GED Excel”). Do not use the GED Trademark in any manner which suggests ownership by a third party (e.g., [Publisher’s Name]’s GED). Do not use the GED Trademark in the name or dba of your company (e.g., GED Publishing, Inc.). Do not use the GED Trademark as part of a job title, unless otherwise licensed to do so by ACE or GED Testing Service (e.g., GED Administrator, GED Proctor, or GED Coordinator) Do not use the GED Trademark as a generic term for “high school equivalency examination,” “high school diploma,” or similar exam or credential which has not been authorized or accredited by the appropriate governmental authorities. Do not use the GED Trademark adjacent to the term “online” or in a manner to falsely suggest that the GED® test may be taken online or a GED® test credential may be obtained online. Correct: “online preparation for the GED® test” Incorrect: “get your GED online” Do not use the GED Trademark in combination with, in close proximity to, or on the same cover or packaging as the words “official,” “authorized,” “original,” or other terms that imply sponsorship or endorsement by ACE or GED Testing Service, unless otherwise authorized to resell “GED Ready™ – The Official Practice Test.” Do not use the GED Trademark in connection with products, services, or materials prepared for or related to a version of the GED® test that is no longer being offered by ACE or GED Testing Service. Special Guidelines for Publication Titles, Products, Programs, Courses, Websites or Mobile Apps that Contain the GED® Trademark The name or title of a book, program, application, course or other product should clearly identify the product or service and/or you as the source of the product or service. The GED Trademark, a superscript registration symbol (®) and an appropriate generic term (e.g., “test” or “test credential”) should appear on the same line in the title. ® GED Testing Service | www.GEDtestingservice.com 2 The GED Trademark should be used in a font equal to or smaller than the other text on the surrounding page, cover, or packaging. The font should not be displayed in a “bold” font or color that emphasizes the term over the publisher’s text or marks. Correct: “[Publisher’s Name]’s Preparation for the GED® Test” [title] ® Incorrect: GED Preparation Guide [title] Do not use the GED Trademark in the name for a series of works, unless otherwise licensed to do so by ACE or GED Testing Service. Correct: “[Publisher’s Name]’s Test Guides” Incorrrect: “[Publisher’s Name]’s GED Test Guides” or “GEDMaster Test Books” Preparation The term Pre GED (unhyphenated) should be used only to identify products and programs aimed at preparing students to achieve the fundamentals or basic skills necessary prior to preparing for the official GED® test and only in the following format: Correct: “[Publisher’s Name]’s Pre GED® Test Prep” Incorrect: “[Publisher’s Name] Pre-GED” When you reference the GED Trademark, the following notice should appear on (i) the copyright page of the work and (ii) either the front cover or back cover of publications, materials or packaging, and on opening or welcome screens of mobile apps, and at the bottom of each webpage in no smaller than 8 point font: “This [material OR website or any products or services described on this website] is not endorsed or approved by ACE or GED Testing Service.” Note: Publishers are expected to take responsibility to ensure that their authors, editors, licensees and/or contractors are in compliance with these guidelines as well as with applicable copyright and trademark laws. Additional Guidelines for Using the GED Trademark in Relation to Practice Tests GED Testing Service owns all intellectual property rights related to “GED Ready™ – The Official Practice Test.” You may not confuse the public into thinking that a practice test that you publish is an official or authorized GED® practice test. You may not include a practice test in any product, application, program, or other material related to the GED® test, unless you comply with the provisions in these Guidelines and each of the following: Do not use the GED Trademark adjacent to the term “practice test.” Correct: “[Publisher’s Name]’s Practice Test for the GED® Test” Incorrect: “GED® Practice Test” or the “GED® Test Practice Test” Any practice test must be accompanied by the following disclaimer in a legible font at the beginning of the practice test: “This practice test is not related to the GED Ready™ – The Official Practice Test, produced and distributed by GED Testing Service LLC. GED Testing Service has not approved, authorized, endorsed, been involved in the development of, or licensed the substantive content of this practice test.” ® GED Testing Service | www.GEDtestingservice.com 3 Resellers of the official practice test should reference the GED Ready™ mark consistent with the following formats: Headings: GED Ready™ – The Official Practice Test GED Ready™: The Official Practice Test Body copy: GED Ready™ practice test Special Guidelines For Using the GED Trademark In Academic Research Papers Recognizing that the GED® tests and their outcome are frequently studied by academics, ACE and GED Testing Service acknowledge that the use of the ® after GED in every instance as recommend above is not feasible. If you use the GED Trademark in academic research papers only, you must comply with the following in lieu of those specified in Section I of the guidelines: The superscript registration symbol (®) must follow the GED trademark in the following circumstances: o o o o In the title, if the GED Trademark is used in the title of the report or paper; When the GED Trademark is first used on the inside cover page, if any; When the GED Trademark is first used in the body of the report; and When the GED Trademark is first used in each chapter or section of the report, if any. Both the Standard Disclaimer and the following additional disclaimer must appear on (i) the copyright notice page, if any (in no smaller than 8 point font) and (ii) in a footnote or endnote after the first reference of the GED Trademark in text: “[Name of author] and this work are not affiliated with or endorsed by ACE or GED Testing Service LLC. Any reference to “GED” in the title or body of this work is not intended to imply an affiliation with, or sponsorship by, ACE, GED Testing Service LLC, or any other entity authorized to provided GED® branded goods or services.” *********** ACE and GED Testing Service LLC reserve their right to take any action against any entities, products, domain names, or websites that do not comply with these guidelines, including, without limitation, entities or materials that (i) are promoted or advertised in any manner suggesting that it is authorized or endorsed by ACE or GED Testing Service LLC, (ii) include misrepresentations about the GED ® test or test credential or the products or services that it offers, (iii) use the GED trademark in a generic manner, or (iv) use the GED trademark in a manner which is likely to deceive or mislead the public. Trademark Review and Approval Please send an electronic color copy of your proposed content or materials, including the front and back cover and the spine, in a .pdf or .jpg format, to trademarks@GEDTestingService.com. Review response time is approximately ten to fifteen (10-15) business days. Trademark Permission Requests The trademarks and logos used on the GED Testing Service website and in publications, marketing and other branding materials are owned by ACE. ® GED Testing Service | www.GEDtestingservice.com 4 If you are seeking permission to use any ACE trademarks, logos, service marks, trade dress, slogans or other brand features, then please submit your request to trademarks@GEDTestingService.com. Your request must include a specific description of the materials or content in which ACE trademarks will appear. You will typically receive a response within ten business days. If your request is approved, that approval will be expressly subject to usage guidelines as well as additional terms set forth in the notification of approval and trademark permission agreement. ® GED Testing Service | www.GEDtestingservice.com 5 Examples of Proper and Improper Uses of the GED® Trademark in Product Titles or Names Proper Use PROPER Informational Use WHY THIS IS RIGHT. . . "EVERYTHING YOU NEED TO SUCCEED ON THE GED TEST" ® GED is followed by the "®" symbol and properly used as an adjective modifying a generic noun (TEST). ® GED is used properly to refer to the brand of TEST. ® [PUBLISHER NAME] PREP-KIT FOR THE GED TEST The publisher is clearly the source or origin of the Product (PREP-KIT) GED is properly followed by the "®" symbol and the generic term TEST. GED is used properly to refer to the brand of TEST. ® "ACE THE GED TEST!" "from [Publisher's Name or Logo]" GED is properly followed by the "®" symbol and the generic term TEST. GED is used properly to refer to the brand of TEST. The publisher's name is prominently displayed as the source of the publication. ® PRE GED TEST PREP GED is properly followed by the "®" symbol and the generic term TEST. GED is used properly to refer to the brand of TEST. Improper Use ® IMPROPER Use of the GED Trademark WHY THIS IS WRONG ... "GED CRAM COURSE" GED is used incorrectly as a brand name for the publisher's CRAM COURSE "Get your GED online fast!" ® GED is not being used properly to refer to the GED [brand of] TEST The subtitle uses "GED" as a noun instead of as a proper ® adjective followed by a generic term (e.g. GED TEST). ® The subtitle may mislead consumers to believe that the GED ® test may be taken online or a GED test credential may be obtained online "THE NEW GED PRACTICE WORKBOOK" "Contains 16 Full-Length GED tests" GED is more prominent and eye-catching than the rest of the title. GED is used incorrectly as a brand for the publisher's workbook. ® GED is not being used properly to refer to the GED [brand of] TEST. "Full-length GED tests" without "simulated" or "based on" may mislead consumers to believe these are authentic full-length, copyrighted tests of GED Testing Service LLC. ® GED Testing Service | www.GEDtestingservice.com 6 ® IMPROPER Use of the GED Trademark WHY THIS IS WRONG ... PRE-GED SKILL WORKBOOK GED has been modified and is being used incorrectly as part of the product brand name and/or a product category. ® "BEAT THE GED !" GED is used incorrectly alone as a noun instead of as a ® proper adjective followed by a generic term (e.g. GED TEST). ® "MAXIMIZE YOUR SCORES WITH GED TUTOR" GED is being used incorrectly as part of the product brand name "GED® TUTOR." GED is not being used as an informational reference to the ® GED [brand of] TEST." ® GED Testing Service | www.GEDtestingservice.com 7