Fannie Mae Selling Guide A2-5-01 — Fannie Mae Trade Name and Trademarks

Fannie Mae Selling Guide A2-5-01 — Fannie Mae Trade Name and Trademarks

Effective 2017-08-29 · publisher's stamp for this provision

A2-5-01, Fannie Mae Trade Name and Trademarks (08/29/2017) Introduction This topic contains information on the use of the Fannie Mae trade name and trademarks, including: General Requirements License to Use Fannie Mae Marks General Requirements Fannie Mae owns and uses the Fannie Mae trademark, the Fannie Mae logo, the Federal National Mortgage Association trade name, and numerous other trademarks that identify Fannie Mae as the source or sponsor of various products or services, collectively the “Marks” or the “Fannie Mae Marks.” For a list of Marks currently used by Fannie Mae and guidelines on how to refer to them, see Trademarks. The absence of a specific Mark from Fannie Mae’s published lists does not mean that it is not a Fannie Mae Mark. If a seller/servicer has questions about whether or not an unlisted Mark is a Fannie Mae Mark, it should contact its Fannie Mae customer account team. License to Use Fannie Mae Marks Subject to the limitations set forth below, Fannie Mae grants to sellers/servicers a nonexclusive, royalty-free, non-assignable and non-sublicenseable license to use and display the Fannie Mae Marks within the United States, including its territories and possessions, solely in connection with the sale, offering for sale, advertising and rendering of the sellers/servicers’ financial services and for the purposes of making truthful, accurate, and non-misleading references to Fannie Mae or Fannie Mae’s products or services. As such, a seller/servicer may not register, use or refer to a domain name that contains the Fannie Mae name, a Fannie Mae mark, or any derivation of a Fannie Mae name or Mark, to conduct or promote its own activities. A seller/servicer may elect to promote a particular loan, service, or product to be eligible for purchase by Fannie Mae under a proprietary trademark and has no obligation to use the Marks licensed hereunder. ADDITIONAL TERMS RELATED TO LICENSE TO USE FANNIE MAE MARKS Topic Description Exclusions from License This license does not apply to Fannie Mae’s House-on-the-Hill logo or any other corporate logos, slogans or tag lines used by Fannie Mae to identify itself in the marketplace. This license does not give sellers/servicers any right, title, or interest in any Fannie Mae Marks. Marks belong entirely to Fannie Mae A seller/servicer that uses Fannie Mae’s Marks agrees that Fannie Mae’s Marks are distinctive, famous Marks that are valid, enforceable, and belong entirely to Fannie Mae. No endorsement by Fannie Mae A seller/servicer may make nominative use of the Fannie Mae name to indicate that it is a Fannie Mae–approved seller, servicer, or seller/servicer but use of the Marks by a seller/servicer, and of the Fannie Mae name in particular, may not in any way state or imply that Fannie Mae has endorsed the seller/servicer’s products or services, nor constitute co-branded marketing by the seller/servicer. Specifically, a seller/servicer may state that it is a “Fannie Mae–approved seller” or a “Fannie Mae-approved servicer” or use the Fannie Mae name when referring to a specific mortgage or loan product that Fannie Mae purchases. ADDITIONAL TERMS RELATED TO LICENSE TO USE FANNIE MAE MARKS Topic Description No confusion A seller/servicer may not use the Marks in the promotion of the seller/servicer’s products or services in a way that is likely to cause confusion, mistake or likely to deceive the public on the actual source or sponsor of the products or services. Services and products to comply with applicable requirements A seller/servicer’s right to use Fannie Mae Marks under this license is conditioned on the seller/servicer’s agreement that the nature and quality of all services that it provides, offers, or sells in connection with its use of the Marks will meet industry standards and comply with Fannie Mae’s requirements. A seller/servicer may use a Mark only in connection with the particular products and/or services for which Fannie Mae uses the Mark or for which Fannie Mae has registered (or applied to register) or use the particular Mark. If a seller/servicer is not certain about the characteristics of the products or services for which the particular Mark is to be used, it should request clarification from Fannie Mae. A seller/servicer may use a Mark for a particular loan, service, or product (or to identify the features of such loan, service, or product) only if the loan, service, or product that the seller/servicer offers satisfies all of the requirements that Fannie Mae has established for the particular loan, service, or product to be eligible for purchase by Fannie Mae. Prohibited uses The seller/servicer may not use the Mark in connection with a loan that is offered to another entity for purchase. However, Fannie Mae does permit a seller/servicer to use a Mark to identify a loan that meets all of Fannie Mae’s requirements except that it exceeds Fannie Mae’s maximum allowable loan amount, provided the seller/servicer clearly and prominently states the following in connection with the loan: “This loan is not eligible for purchase by Fannie Mae.” No right to challenge A seller/servicer has no right to challenge the validity or enforceability of the Marks, to sublicense the use of any the Marks, or to benefit from the value of any good will that might be created by the seller/servicer’s use of the Marks. ADDITIONAL TERMS RELATED TO LICENSE TO USE FANNIE MAE MARKS Topic Description Fannie Mae’s remedies If Fannie Mae believes that a seller/servicer is not conforming to these standards of quality, Fannie Mae may require the seller/servicer immediately to either comply with the standards or discontinue use of the Marks. If appropriate, Fannie Mae may pursue equitable remedies, including specific performance or injunctive relief, to remedy the seller/servicer’s breach. Termination The license to use the Marks is terminated automatically when the seller/servicer’s Lender Contract is terminated. Fannie Mae also may terminate the license to use the Marks in connection with a default under the Lender Contract or if there is a material breach of the Fannie Mae trademark license, even if Fannie Mae decides not to terminate the seller/servicer’s Lender Contract in whole or in part. If Fannie Mae suspends a seller/servicer’s selling or servicing arrangement, the seller/servicer’s rights to use the Marks in connection with its loan origination and selling activities and servicing obligations will also be suspended.

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