USE OF THE NUTELLA® TRADEMARK

The NUTELLA® wordmark, characteristic logo and jar are registered trademarks of Ferrero S.p.A. The use of NUTELLA® hazelnut spread in the preparation of other products does not automatically grant any right to use these trademarks. However, certain limited use is authorized by Ferrero S.p.A. under the terms and conditions set forth below.

 

TERMS AND CONDITIONS FOR THE USE OF THE NUTELLA® TRADEMARK IN PUBLIC CATERING ESTABLISHMENTS

The following Terms & Conditions (“T&Cs”) are addressed to public catering establishments (bakeries, restaurants, pastry-shops, cafés) preparing and serving freshly made products for immediate consumption to private individuals. These T&Cs do not apply to packaged products.
Should you decide to use the NUTELLA® hazelnut spread in preparation of your freshly made product, Ferrero S.p.A. authorizes you to use the NUTELLA® wordmark (referred to herein as the “NUTELLA® trademark”) if your product and your use of the NUTELLA® trademark comply with the following T&Cs:

 

YOUR PRODUCT

  1. Your product must be either prepared according to one of the “Exclusive FERRERO Recipes” (please see the special section dedicated to OUR RECIPES on our web page), or it must match one of the following generic recipes and product names:

     

    Bread with NUTELLA®

    Toast with NUTELLA®

    Sandwich with NUTELLA®

    Pancakes with NUTELLA®

    Crepes with NUTELLA®

    Croissant with NUTELLA®

    Pain au Chocolat with NUTELLA®

    Bagel with NUTELLA®

    Empanadas with NUTELLA®

    Enaximada with NUTELLA®

    Waffle with NUTELLA®

    Soft Ice Cream with NUTELLA®

    Frozen Yogurt with NUTELLA®

    Biscuits with NUTELLA®

    Cookies with NUTELLA®

    Churros with NUTELLA®

    Breadsticks with NUTELLA®

     

    The above list is exhaustive and cannot be extended to other recipes or product names. Should you wish to use the NUTELLA® trademark as specified in the current T&Cs, no other recipes and product names will be accepted.

    1. During preparation of your product, NUTELLA® hazelnut spread must not be cooked, frozen or mixed with any other ingredients.
    2. Ferrero recommends using 15 grams of NUTELLA® hazelnut spread per one portion of your product.
    3. Your product must be both made and sold only and exclusively within your establishment in a safe and healthy environment in accordance with all applicable laws, regulations, and local ordinances.
    4. Your product must be freshly made and intended for consumption immediately upon purchase directly in your establishment.

     

    PROPER USAGE OF THE NUTELLA® TRADEMARK

    1. You are only authorized to use the NUTELLA® wordmark. For the avoidance of doubt, you are not authorized to use the NUTELLA® logo( Nutella Logo ) nor can you portray the NUTELLA® jar in any way.You must always use the NUTELLA® word in monochromatic all capital letters and followed by the ® symbol of a registered trademark.
    2. You must use the NUTELLA® wordmark only and exclusively in your establishment and on your online menu postings with the sole purpose to portray to you customer that NUTELLA® hazelnut spread is an ingredient of your product. In this respect, you are not authorized to use it in any out-of-store material or in any advertising, including digital.
    3. The NUTELLA® wordmark cannot be emphasized over the name of your product on any manner.

     

    EXAMPLE:

    Use of Logo Nutella

     

    1. The use of the NUTELLA® wordmark must not in a way suggest your affiliation with Ferrero and must not take unfair advantage of Ferrero’s goodwill. Furthermore, your products with NUTELLA® must not be prevalent versus the other products offered in your establishment.

     

    EXAMPLES OF PERMITTED AND PROHIBITED USES:

    If you are offering products filled or topped with many ingredients, your in-store menu signboards may list NUTELLA® hazelnut spread in the first ingredient position for just one of your products:

     

    Use of Logo Nutella

     

    Hence your in-store menu signboards cannot list NUTELLA® hazelnut spread in the first ingredient position or emphasize NUTELLA® hazelnut spread over other available ingredients in any manner. For example, the following is not permitted:

 

Example of prohibited use of logo

 

Also, your in-store menu boards (or portions/subsets thereof) cannot be exclusively dedicated to products containing NUTELLA® hazelnut spread. For example, the following is not permitted:

 

Example 2 of prohibited use of logo

 

  1. In case you use any point-of-sale materials (where provided by Ferrero), those must be used in a reasonable manner and cannot be displayed excessively. For example:

 

Example of permitted uses stores

 

In your establishment, you can display the NUTELLA® jars that are used for the preparation of your product. However, the number of such jars on display must be justified by operational purposes and reasonable stocking. Displaying an excessive quantity of the NUTELLA® jars for ornamental purposes are not permitted without written permission from Ferrero, even if those jars are stocked for actual future use. For example, the following is not permitted:

 

Example of prohibited uses stores

 

  1. By using the NUTELLA® trademark in compliance with the current T&Cs, you affirmatively accept and agree to be bound by every requirement described herein and applicable to your product and to your use of the NUTELLA® trademark. Your use of the NUTELLA® trademark as described herein will serve as evidence that the relevant agreement exists between you and Ferrero.
  2. If you do not accept or do not agree to be bound by those requirements, you should not use any of the NUTELLA® trademark in any manner or you should stop such use immediately if it was commenced. If you are uncertain as to whether your product or your use of the NUTELLA® trademark complies with these T&Cs, you are invited to contact Ferrero Foodservice for clarification.
  3. Ferrero reserves the right to change, modify or withdraw any of the requirements contained in the current T&Cs at will at any time and in its sole discretion. No advance notice of such change, modification or withdraw will be served to you and you expressly waive any right you may have to receive such notice.
  4. Any changes, modifications or withdrawals of any of the requirements contained in the current T&Cs take effect immediately upon posting of the revisions within the current page. You agree to check at least every six months whether these T&Cs have been changed, modified or withdrawn. Your continued use of the NUTELLA® trademark following the posting of changes or modifications will confirm your acceptance of such changes or modifications.
  5. You agree to indemnify, defend and hold harmless Ferrero, its subsidiary companies, affiliates and each of their respective officers, directors, shareholders, employees, agents and assigns (the “Indemnified Parties”) from and against any and all liability or injury or any losses, claims, suits, damages, fees or any other payments connected therewith arising out of the use of the NUTELLA® trademark or the manufacture, distribution, sale or use of NUTELLA®, unless caused by the negligence of the Indemnified Parties.