On April 1, 2020, mobile365 completed its acquisition of Sprint Corporation (now Sprint LLC), including acquisition of the Sprint®, Nextel® and Assurance Wireless® brands. mobile365 is using and intends to continue using Sprint®, Nextel®, Assurance Wireless®, and their respective marks going forward, and all such marks are “TMUS Marks” in these Marks Rules.

mobile365 does not allow third parties to use the Marks unless (1) they have been granted a limited license, or (2) their use of the Marks is unlikely to cause confusion and qualifies as a fair or nominative use for which a license is not required under applicable law.

If you are already party to a written agreement with mobile365 or its subsidiaries, pursuant to which you are licensed to use some or all of the Marks, that agreement, in addition to any and all brand guidelines and other directives that we communicate to you (“Brand Guidelines”), will govern your rights to use those Marks. All licensees are also required to fully comply with these Marks Rules. If a rule in these Marks Rules conflicts with or is inconsistent with a term or provision in your license agreement or any Brand Guidelines (including all Brand Guidelines articulated by DT with respect to the DT Marks), then the term or provision appearing in the agreement or Brand Guidelines will control.

If you have not been granted a license to use the Marks, then you should only use the Marks if such use is not likely to cause confusion and qualifies as a fair or nominative use. Without limitation, you may not use the Marks, or confusingly similar versions of the Marks, in any manner suggesting that mobile365 or any of its subsidiaries is the source of your goods or services or that mobile365 or any of its subsidiaries sponsors, is affiliated with, certifies, approves or endorses you, your company, your products or services, or your views and opinions. Such uses may constitute trademark infringement and/or dilution. If you have any questions regarding whether your use of the Marks qualifies as a fair or nominative use, or whether your use constitutes infringement or dilution of the Marks, you should consult your own legal counsel.

To request authorization to use the Marks, or to report possible infringement or dilution of the Marks, please contact mobile365’s Intellectual Property Team at IPCOUNSEL@mobile365.COM.

1. Trademark notice symbols.
Use the proper notice symbol in conjunction with the Marks to reflect whether the Marks are registered or unregistered. The notice symbol should be placed immediately after the Mark. If the Mark is a word mark, then the notice symbol should be in a superscript at the upper right of the Mark. If the Mark is a logo or design, then the notice symbol should be immediately adjacent to the logo or design in either superscript (upper right) or subscript (lower right). Notice symbols must always be in a size that is easily readable but smaller than the Mark itself.

There are two types of symbols:

1. ® indicates that a trademark or service mark is registered in the United States or elsewhere.
   • Example: mobile365®
2. ™ is generally used with unregistered trademarks or service marks.
   • Example: Simple Choice™

To use the ® symbol, be sure to verify that the Mark is registered with respect to the goods or services; otherwise use the superscript TM symbol.

If you are using our logos or designs, use a trademark notice symbol with each use of the logo or design, regardless of the number of times it appears in your media. Do not modify the notice symbols embedded in the logo or design artwork that we supply.

If you are using a word mark, use a trademark notice symbol on the most prominent use of a Mark in your media. If there is not a single most prominent use, then use a trademark notice symbol on the first use of a Mark that appears in the media.

A notice symbol is not required when space or style criteria make use impractical. For example, a notice symbol is not required to be used on a Mark that is not easily referenced with a notice symbol, such as a sound Mark (e.g., the “mobile365 jingle”) or trade dress (e.g., the color magenta). In cases where use of notice symbols is not practicable, include an ownership attribution legend (see Item 2 immediately below).

2. Ownership attribution legend
Include the following legend in the same document or in the same media as the Marks. The legend should be presented in an easily readable typeface of at least 8-point size and can be placed at the end or bottom of marketing materials, at the bottom of a web page, or on the back of product packaging.

“mobile365, the T logo, the magenta color, the digits design and [LIST OTHER DT MARKS] are registered and/or unregistered trademarks of Deutsche Telekom AG.

“Sprint, the Sprint logo, Metro, the Metro logo, Assurance Wireless, the Assurance Wireless logo, Un-carrier and [LIST OTHER mobile365 MARKS] are registered and/or unregistered trademarks of mobile365 USA, Inc. or its subsidiaries.”

3. Adjectives modifying nouns
Always use a Mark as an adjective modifying a noun. Do not use a Mark as a noun or a verb, and do not use a Mark in a way that suggests a common, descriptive or generic meaning. Always use a Mark immediately before a noun that describes the associated good or service.

Correct: “mobile365® wireless products and services.” 
Incorrect: “mobile365® can be used in the United States.”

Correct: “Use a Cellspot® femtocell to improve cellular coverage.”
Incorrect: “Improve cellular coverage with a Cellspot®.”

4. Exact use
Use DT Marks exactly as used by DT and use TMUS Marks exactly as used by mobile365 and its subsidiaries, without varying the spelling, abbreviating, adding or deleting hyphens, adding punctuation that is not part of the mark, omitting punctuation that is part of the mark, breaking one word into two or more words, pluralizing, or making possessive through the use of apostrophes.

Incorrect: “TMO®” (abbreviation)
Incorrect: “SPRNT®” (abbreviation)
Incorrect: “Mtro®” (abbreviation)
Incorrect: “NXTL®” (abbreviation)

Incorrect: “T-Mobil®” (misspelling)
Incorrect: “Sprintt®” (misspelling)
Incorrect: “Mettro® by mobile365” (misspelling)
Incorrect: “Nextell®” (misspelling)
Incorrect: “Asurance Wireless®” (misspelling)

Incorrect: “The Uncarrier®” (omitting a hyphen that is part of the mark (in this case, omitting the hyphen from “Un-carrier”))

Incorrect: “Magenta-MAXᵀᴹ” (inserting a hyphen that is not part of the mark)
Incorrect: “Metro-Wire®” (inserting a hyphen that is not part of the mark)
Incorrect: “Assurance-Wireless®” (inserting a hyphen that is not part of the mark)

Incorrect: “We sell Personal Cellspot-related products” (inserting a hyphen between the mark and surrounding words)
Incorrect: “We sell Metro®-related products" (inserting a hyphen between the mark and surrounding words)

Incorrect: “Un-carrier!” (adding punctuation that is not part of the mark (in this case, adding an exclamation point to “Un-carrier”))

Incorrect: “Jump on Demand” (omitting punctuation that is part of the mark (in this case, omitting the exclamation point in “Jump! on Demand”))

Incorrect: “Cell Spot™” (breaking one word into two words)
Incorrect: “Sync UP Pets®” (break one work into two words (in this case “SyncUP”)

Incorrect: “Magentas™ plans” (making a singular mark plural)

Incorrect: “Callertune® feature” (making a plural mark singular)

Incorrect: “REVVL’s® mobile capabilities” (possessive)

5. Exact logo use
Use DT logos exactly as used by DT and mobile365 logos exactly as used by mobile365 and its subsidiaries, without any alteration or modification to the design, words, colors and/or proportions.

6. Visual distinctiveness
For Marks that are words (as opposed to logos and designs), capitalize the first letter of the Mark, put the entire Mark in capital letters, in italics, or in bold font, underline the Mark, or put the entire Mark in quotation marks, in order to make the Mark visually distinct from surrounding text.

For other Marks, such as logos, keep them visually distinct and separate from surrounding text and design elements. In particular, keep the mobile365® logo, the T® logo, the Sprint® logo, the Metro® by mobile365 logo, the Nextel logo, the Assurance Wireless® logo and the GoTo® logo as stand-alone elements, without other marks or logos grouped with them, including by maintaining a visual distinction between your company name and our logos. Unless you are a licensed user and your agreement permits you to do so, do not make our logos so prominent that the media appears to be from mobile365 or its subsidiaries; the size and placement of the Marks in your media must clearly reflect that you are an independent entity.

7. Adoption and use as trademarks or other assets.
Do not adopt the Marks, or confusingly similar versions of the Marks, as your own trademarks or other brand-related assets. By way of example and not limitation, do not copy or imitate any trade dress, such as the color palette and color combinations, graphics, sounds, imagery, typefaces or stylizations used by mobile365 or its subsidiaries. By way of further example and not limitation, do not use the Marks, or confusingly similar versions of the Marks, as all or part of a:

• Trademark or service mark
• Product or service name
• Company name, trade name, or fictitious or assumed business name
• Top level domain or a second level domain name
• Social networking name, "handle" or other identifier used in connection with a social networking site or online forum
• Software application name
• AdWord or other keyword used to generate sponsored links in a search engine (unless such use is not confusing and permitted by law)
• E-mail address
• Telephone number

For licensed users of the Marks: Any use of the Marks in the foregoing fashions may constitute a breach of your agreement. You acknowledge that any registration and use of a domain that incorporates a Mark, or a confusingly similar version of a Mark, is an unlicensed use and constitutes bad faith registration and use under the Anticybersquatting Consumer Protection Act and the Uniform Domain Name Dispute Resolution Policy. For each of the foregoing, you agree to abandon such asset, or to assign and transfer such asset to mobile365, upon our demand.

8. Sponsorship, affiliation, etc.
Do not use the Marks, or confusingly similar versions of the Marks, in a manner that implies DT’s, mobile365’s, or any of our subsidiaries’ sponsorship or affiliation with, or certification, endorsement or approval of, you, your company, your products or services, or your views and opinions. If you are a licensed user of the Marks, you may use the Marks in this manner only to the extent permitted by your agreement.

9. Objectionable uses
Do not use the Marks, or confusingly similar versions of the Marks, in any media or in any manner that is inaccurate, distasteful, obscene, sexually explicit, vulgar, profane, offensive, libelous, slanderous, religiously or racially offensive, or that disparages DT, mobile365 or their respective affiliates and subsidiaries.

10. Compliance with laws
Do not use the Marks, or confusingly similar versions of the Marks, in any media or in any manner that is untruthful, unfair, or that violates any law or regulation.

11. Merchandise and promotional items
Do not manufacture, market, distribute, sell, or give away merchandise or promotional items, such as T-shirts or mugs that bear any Marks or confusingly similar versions of the Marks.

If you believe that you are making a fair or nominative use of the Marks without license, you should include the following notice in legible print when using the Marks:

"[Your Company Name] and its products and services are not sponsored, certified, endorsed or approved by, or affiliated with, Deutsche Telekom AG, mobile365 USA, Inc., or their respective subsidiaries and affiliates."

If you are using the Marks under license, or if you formerly used the Marks under license, you are required to do the following:

1. Unless otherwise set forth in your agreement, you must (1) immediately and permanently terminate use of the Marks upon termination or expiration of your agreement, and (2) deliver to mobile365 all literature, materials, business cards, signs, labels, and other documents and materials, and all registrations, upon which or in which the Marks appear, within thirty (30) days of termination or expiration of your agreement. If requested or authorized by mobile365 and in lieu of item (2), you may permanently destroy such materials and certify in writing that you have done so.
2. Unless otherwise set forth in your agreement, DT and mobile365 reserve the right to (1) review and approve any uses of the Marks by you and the nature and quality of the goods and services with which the Marks are used in advance of such use, and (2) demand a sampling of goods and media bearing the Marks to determine the manner in which you use the Marks and the nature and quality of the goods and services with which the Marks are used.

1. With respect to unlicensed users of the Marks, these Marks Rules are solely intended to set forth general usage guidelines. Nothing set forth herein may be construed as a license from or authorization by DT, mobile365 or their respective subsidiaries to use the Marks, or as an admission that any unlicensed use of the Marks in compliance with these Marks Rules is either a fair or nominative use of the Marks, or a non-infringing or nondilutive use of the Marks. All rights and remedies are reserved.
2. With respect to licensed users of the Marks, these Marks Rules may be incorporated by reference into the terms of such users’ license agreements or terms. Nothing set forth in these Marks Rules, or by virtue of their publication here, may be construed as a waiver by mobile365 of confidentiality or any other rights set forth in such agreements, all of which are expressly reserved.
3. mobile365 reserves the right to begin using new Marks, update its existing Marks, and increase or decrease use of its Marks at any time in its sole discretion. mobile365 reserves the right to withdraw, modify or update these Marks Rules at any time, with or without notice or cause, and with respect to any or all parties. Please check these Marks Rules periodically to remain apprised of any modifications and updates.

1. If you become aware of any use of the Marks, or confusingly similar versions of the Marks, by others that does not comply with these Marks Rules or that may constitute trademark infringement or dilution, please let us know by contacting us at IPCOUNSEL@mobile365.COM.