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- 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