In-Area (Within the 8 official Harbor Country® towns)

1. Harbor Country® is a registered trademark and its use is geographic in nature, specifically designated for the “official region” of the eight SW Michigan communities of Michiana, Grand Beach, New Buffalo, Three Oaks, Union Pier, Lakeside, Harbert and Sawyer. Therefore the official Harbor Country region is strictly defined and limited to these eight towns. Any business within the Harbor Country region can use the Harbor Country® trademark whether they are members of the Harbor Country Chamber or not. However, references to Harbor Country® in promotions/advertising must include the registration symbol, ® next to the Harbor Country name. Businesses using the Harbor Country® mark to promote economic development, business commerce and tourism must be licensed. See Item #3 below

2. The Harbor Country® trademark is not portable. That is, if you establish a physical "brick and mortar" business using Harbor Country® in the business name, and move the business outside the 8-town official Harbor Country region, you can no longer promote your business with Harbor Country® included in the name.

3. Businesses and/or organizations that operate in a similar or competing area of business (promotion of economic development, business commerce and tourism) as the Harbor Country Chamber of Commerce are not authorized to use the Harbor Country® mark in their trade name or marketing promotions unless they become an authorized licensee through a licensing agreement, or similar document, with the Harbor Country Chamber of Commerce.

4. Avoid using other terms in conjunction with the mark. For example, from time to time in the past, the Chamber Board had discussed the possibility of using “Michigan’s Harbor Country”, “Harbor Country, Michigan” or “Southwest Michigan’s Harbor Country”. Our legal counsel advises against using terms which modify the mark. The best way to preserve the mark is to use it consistently. Using a geographical reference in conjunction with the mark only weakens the mark. In contrast, when you use “Harbor Country” by itself, you a indicating that the mark is unique. Anyone that uses “Harbor Country”, even in conjunction with another term, runs the risk of infringing on the mark. Specifically, (example) “Northern Indiana Harbor Country” is infringing because there is only one “Harbor Country”. When you use “Michigan’s Harbor Country” you are in effect narrowing the scope of the mark. In that case, “Northern Indiana’s Harbor Country” is no longer likely the confuse consumers (the test for infringement) because the mark has been narrowed to apply only to “Michigan’s Harbor Country”. It is therefore very important not to modify the mark with other terms.

Out-of-Area

The Harbor Country Chamber welcomes all our (out-of-area) neighbors outside these eight communities to acknowledge Harbor Country® in their promotions and marketing, provided that the following simple guidelines and restrictions are observed:

1. The term Harbor Country® cannot be adopted into a business name, product, or service unless the business has a physical presence within the “official region”.

2. References to Harbor Country in advertising or marketing must specifically state the proximity of the “official region” relative to the out of area business location, e.g., “xyz business, located just xx miles from Harbor Country®”

3. Vague, misleading and presumptive references cannot be used: “At the gateway to Harbor Country”, “visit xyz company and Harbor Country” (with no proximity referenced), or any statements that directly or indirectly imply inclusion within the “official region”. Such references can confuse the public about Harbor Country’s exact geographic location.

4. The registration symbol, ® should appear next to the Harbor Country® name. There should be a footnote at the bottom of the page which identifies the owner of the trademark, as follows:
Harbor Country® is a registered trademark of the Harbor Country Chamber of Commerce, New Buffalo, Michigan.

Internet Domains

1. Internet Domains bearing the Harbor Country® mark cannot compete with the scope of this mark which covers the tourism and commerce of the 8 official town region, . Such sites will be required to obtain permission under a licensing agreement, or similar document, with the Harbor Country Chamber of Commerce or be challenged under trademark infringement.

2. Using the Harbor Country® mark in any domain (web site) that misleads or confuses the public as to the true location of Harbor Country® will be regarded as misuse and infringement of the trademark.

Ownership – Exclusive Rights
The Harbor Country Chamber of Commerce has exclusive ownership of the Harbor Country® trademark and reserves the right to determine licensing permissions, royalties, fees on products or services bearing the Harbor Country® mark, and to protect its mark from any threat of infringement, dilution, or misuse under U.S. trademark law.