SlideShare a Scribd company logo
Joint
marketing
Licensed
merchandise
Third party
NO
YES
NO
YES
NO
YES
NO
YES
NO
YES
NO
YES
YES
NO
What does this
licensing scenario
look like? Click below
to see examples.
Private
labeling
Sponsorship
Fair use
Ingredient
branding
Fourth party
Joint venture
32Who is manufacturing
the product?
If it is 3M, by the
time it reaches
the end-user, is
it still 100%
a 3M product?
Is the 3M product
a component
or part of the final
product?
Are both 3M
and another
company
manufacturing
the product?
Is a company
other than
3M entirely
manufacturing the
product?
Are the
manufacturer brand
and the seller
brand both visible
on the product?
Is the 3M product
being placed into
an intermediate
package (e.g.,
case or kit), and
the 3M primary
package intact?
Is the 3M
component
identified by
a logo?
Under what brand is
the product sold?
Who is selling the
product?
• Third party (dealers,
distributors, applicators,
converters)
• Joint marketing
• Licensed merchandise,
if the non-3M logo
is merely decorative
• Private labeling, if only
the seller brand is visible
• Retailer, if only 3M
brand is visible
• Not private labeling,
just a particular
distribution and
sales approach.
The 3M
product
was consumed
or depleted in
manufacturing
Is the 3M
product or
component
being resold
to another
manufacturer?
• Ingredient branding
• Fair use
• Fourth party, where
3M sells to a dealer,
distributor, applicator
or converter who then
resells to another
OEM manufacturer
• The 3M product
was consumed in
manufacturing
• Joint venture,
if equity is involved
• Private labeling, where
3M is the seller and
another company is
the manufacturer
What is the business
relationship?
4
Yes
Yes
Yes
No, none
Yes, should reflect 3M
primary packaging
No
Yes
No reason to use 3M
trademarks
No
No
No reason to use 3M
trademarks
Yes
Yes, but not the
manufacturer’s logo
May 3M logos or
trademarks be used?
5
Evaluating co-branding and licensing relationships
Key questions
1What elements
are involved?
Are only
communications
involved?
Are products,
services and
packaging
part of the
picture?
Key
Dependent on legal agreement
and level of sponsorship
3M does not provide testimonials
to suppliers or customers
3M may use endorsements, but
generally does not provide them
Dependent on legal agreement
Logo prominence determined
by legal agreement and each
party’s marketing investment
Logo use as appropriate for
the 3M product without the
licensed trade dress element
No 3M logos or trademarks, by
definition of private labeling
Dependent on retailer agreement
No 3M trademarks should
be visible on any new packaging
that the third party creates, only
on the 3M primary packaging
within the case or kit
Logo use is determined by
legal agreement with the host
company; only Strategic
Brands and trademarks may
be ingredient brands
No 3M trademark (logo or
trademark name) is
represented
Cannot use the 3M logo or
any brand names in marketing,
unless they contact 3M
directly and establish an
approved licensing agreement
3M logo use is determined by
legal agreement and equity
stake
Only 3M trademarks are used
What is the 3M policy
or standard?
6 7
Private
labeling
Retailer
Could be:
• Sponsorship
• Testimonial
• Endorsement
Yes
No
No
NO = No licensing
relationship exists,
based on the
answers provided
and the path taken
YES
NO
YES
NO
NO
YES

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Business alliance types

  • 1. Joint marketing Licensed merchandise Third party NO YES NO YES NO YES NO YES NO YES NO YES YES NO What does this licensing scenario look like? Click below to see examples. Private labeling Sponsorship Fair use Ingredient branding Fourth party Joint venture 32Who is manufacturing the product? If it is 3M, by the time it reaches the end-user, is it still 100% a 3M product? Is the 3M product a component or part of the final product? Are both 3M and another company manufacturing the product? Is a company other than 3M entirely manufacturing the product? Are the manufacturer brand and the seller brand both visible on the product? Is the 3M product being placed into an intermediate package (e.g., case or kit), and the 3M primary package intact? Is the 3M component identified by a logo? Under what brand is the product sold? Who is selling the product? • Third party (dealers, distributors, applicators, converters) • Joint marketing • Licensed merchandise, if the non-3M logo is merely decorative • Private labeling, if only the seller brand is visible • Retailer, if only 3M brand is visible • Not private labeling, just a particular distribution and sales approach. The 3M product was consumed or depleted in manufacturing Is the 3M product or component being resold to another manufacturer? • Ingredient branding • Fair use • Fourth party, where 3M sells to a dealer, distributor, applicator or converter who then resells to another OEM manufacturer • The 3M product was consumed in manufacturing • Joint venture, if equity is involved • Private labeling, where 3M is the seller and another company is the manufacturer What is the business relationship? 4 Yes Yes Yes No, none Yes, should reflect 3M primary packaging No Yes No reason to use 3M trademarks No No No reason to use 3M trademarks Yes Yes, but not the manufacturer’s logo May 3M logos or trademarks be used? 5 Evaluating co-branding and licensing relationships Key questions 1What elements are involved? Are only communications involved? Are products, services and packaging part of the picture? Key Dependent on legal agreement and level of sponsorship 3M does not provide testimonials to suppliers or customers 3M may use endorsements, but generally does not provide them Dependent on legal agreement Logo prominence determined by legal agreement and each party’s marketing investment Logo use as appropriate for the 3M product without the licensed trade dress element No 3M logos or trademarks, by definition of private labeling Dependent on retailer agreement No 3M trademarks should be visible on any new packaging that the third party creates, only on the 3M primary packaging within the case or kit Logo use is determined by legal agreement with the host company; only Strategic Brands and trademarks may be ingredient brands No 3M trademark (logo or trademark name) is represented Cannot use the 3M logo or any brand names in marketing, unless they contact 3M directly and establish an approved licensing agreement 3M logo use is determined by legal agreement and equity stake Only 3M trademarks are used What is the 3M policy or standard? 6 7 Private labeling Retailer Could be: • Sponsorship • Testimonial • Endorsement Yes No No NO = No licensing relationship exists, based on the answers provided and the path taken YES NO YES NO NO YES