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→Sugar Trademark Policy
==Sugar Trademark Policy==
==Sugar Trademark Policy==
DRAFT: 15 January 2010
DRAFT: 7 May 2010
The purpose of this policy is to protect the public, by ensuring that the identity, provenance, and open-source nature of Sugar Labs<sup>®</sup> remain clear. '''Our objective is spreading the use of Sugar while protecting our trademarks. It is our intention to be liberal and responsive in the enforcement of our trademarks.''' Throughout this document, the "Marks" refers to the Sugar Labs name and logo, individually or together. However, note that '''S'''ection 5 provides guidelines for other marks that Sugar Labs uses. Sugar Labs is a member project of the Software Freedom Conservancy, which is the holder of the registered mark.
The purpose of this policy is to ensure that the identity, provenance, and free and open-source nature of Sugar Labs<sup>®</sup> remain clear '''to the public. This is in keeping with''' our objective to spread the use of the Sugar Learning Platform while protecting our trademarks. It is our intention to be liberal and responsive in the enforcement of our trademarks: '''we want our Marks to be widely used to represent our learning mission to the public, but we also need to ensure clarity regarding the relationship between Sugar Labs and the individual or organization using our Marks in order to both protect Sugar Labs and the public.''' As part of our marketing effort to make Sugar better known, we have developed a label program with the objective of simplifying and streamlining permission to use Sugar Labs marks by projects and businesses. '''We encourage you to contact us at trademark at sugarlabs.org if you have any questions about this policy or the label program.''' Throughout this document, the word "Marks" refers to the Sugar Labs name and logo, individually or together. Note that Section 5 provides guidelines for other marks used by Sugar Labs. Sugar Labs is a member project of the Software Freedom Conservancy, which is the holder of the [http://tess2.uspto.gov/bin/showfield?f=doc&state=4006:qq173k.3.1 registered mark].
Guidelines for Using the Marks
Guidelines for using the Marks
1.
1.
The first or most prominent mention of the name should be immediately followed by a symbol for registered trademark: "®" or "(r)". For example: "Sugar Labs<sup>®</sup>" (our trademark registration application for the logo is still pending).
The first or most prominent mention of the name should be immediately followed by a symbol for registered trademark: "®" or "(r)". For example: "Sugar Labs<sup>®</sup>".
This requirement is waived in all contexts where such marks are not normally included: email, on-line discussion, non-graphical advertisements (when permitted), and academic papers. We encourage the use of the symbol whenever possible, but recognize that many non-commercial and informal uses will omit it.
This requirement is waived in all contexts where such marks are not normally included: email, on-line discussion, non-graphical advertisements (when permitted), and academic papers. We encourage the use of the symbol whenever possible, but recognize that many non-commercial and informal uses will omit it.
:a.
:a.
:You may use the Sugar Labs Marks '''without''' prior written permission for the following purposes (subject to the other sections):
:You may use the Sugar Labs Marks without prior written permission for the following purposes (subject to the other sections):
:To refer to the Sugar Labs software in substantially unmodified form "substantially unmodified" means built from the source code provided by the Sugar Labs project, possibly with minor modifications including but not limited to: the enabling or disabling of certain features by default, '''translations into other languages,''' changes required for compatibility with a particular operating system distribution, or the inclusion of bug-fix patches). '''All such minor modifications must be released under an [[Oversight_Board/Meeting_Minutes-2009-12-11#Non-FOSS_content|approved license]].
:To refer to the Sugar Labs software in substantially unmodified form. "Substantially unmodified" means built from the source code provided by the Sugar Labs project, possibly with minor modifications including but not limited to: the enabling or disabling of certain features by default, translations into other languages, changes required for compatibility with a particular operating system distribution, or the inclusion of bug-fix patches). All such minor modifications must be released under an [[Oversight_Board/Meeting_Minutes-2009-12-11#Non-FOSS_content|approved license]].
:To identify Sugar Labs '''software''' as a distinct component of a software offering. '''For example, "MyDistro, sweetened by Sugar" or other "<product>, <joined with> Sugar" language would be a use that does not require explicit written permission.'''
:To identify Sugar Labs software as a distinct component of a software offering. For example, "MyDistro, sweetened by Sugar" or other "<product>, <joined with> Sugar" language would be a use that does not require explicit written permission.
:b.
:b.
:You may use the Sugar Labs Marks '''with''' prior written permission for the following purposes (subject to the other sections):
:You may use the Sugar Labs Marks with prior written permission for the following purposes (subject to the other sections):
:If you are producing a new product which is based on Sugar Labs software but which has more substantial changes than those described in the previous paragraph, you may refer to your product as '''"derived from", "based on", or "a derivative of" a Sugar Labs mark.'''
:If you are producing a new product which is based on Sugar Labs software but which has more substantial changes than those described in the previous paragraph, you may refer to your product as "derived from", "based on", or "a derivative of" a Sugar Labs mark.
:'''Please refer to our [[http://wiki.sugarlabs.org/go/Sugar_Labs/Governance/Transactions#License_request|License Request]] procedure for details regarding obtaining a license to use the Sugar Marks.'''
:Please refer to our [[http://wiki.sugarlabs.org/go/Sugar_Labs/Governance/Transactions#License_request|License Request]] procedure for details regarding obtaining a license to use the Sugar Marks.
:c.
:c.
:'''You do not need written permission to refer to''' the Sugar Labs project itself, its products, or its protocols.
:You do not need written permission to refer to the Sugar Labs project itself, its products, or its protocols.
3.
3.
You may use '''the''' Sugar Labs '''Marks''' as part of the name of a product designed to work with Sugar Labs, so long as the name as a whole (via its other components) clearly and unambiguously distinguishes the product from Sugar Labs '''software''' itself, and the general presentation of the product does not imply any official association or identity with Sugar Labs. Because it would be awkward to attach a trademark symbol to a portion of a larger name whose other portions might themselves be trademarked, the requirement to display the symbol is waived for this circumstance.
You may use the Sugar Labs Marks as part of the name of a product designed to work with Sugar Labs, so long as the name as a whole (via its other components) clearly and unambiguously distinguishes the product from Sugar Labs software itself, and the general presentation of the product does not imply any official association or identity with Sugar Labs. Because it would be awkward to attach a trademark symbol to a portion of a larger name whose other portions might themselves be trademarked, the requirement to display the symbol is waived for this circumstance.
4.
4.
:a.
:a.
:In any way likely to cause confusion as to the identity of the Sugar Labs project, the provenance of its software, or the software's license '''(the Sugar Labs Marks should be secondary in advertising materials, including graphics on websites, etc.);'''
:In any way likely to cause confusion as to the identity of the Sugar Labs project, the provenance of its software, or the software's license (the Sugar Labs marks should be secondary in advertising and promotional materials, including graphics on websites, etc.);
:b.
:b.
:In any way that implies a designated successor to Sugar Labs (e.g., "Sugar Labs++" is not permitted).
:In any way that implies a designated successor to Sugar Labs (e.g., "Sugar Labs++" is not permitted).
:'''d.'''
:d.
:'''In a way that indicates that Sugar Labs [[Oversight_Board/Meeting_Minutes-2009-12-18|favors one distribution, platform, product, etc. over another]].'''
:In a way that indicates that Sugar Labs [[Oversight_Board/Meeting_Minutes-2009-12-18|favors one distribution, platform, product, etc. over another]].
5.
5.
Sugar Labs also uses the following other marks<strike>, which we may choose to register</strike>:
Sugar Labs also uses the following other marks:
:a.
:a.
:Sugar on a Stick:
:Sugar on a Stick:
::'''The "Sugar on a Stick" name and mark is associated with a specific [[Sugar on a Stick|Sugar Labs liveUSB project]]. You may produce and distribute Sugar Labs software on a USB key or other device, but you are required choose a different name to avoid confusion.'''
::The "Sugar on a Stick" name and mark is associated with a specific [[Sugar on a Stick|Sugar Labs liveUSB project]]. You may produce and distribute Sugar Labs software on a USB key or other device, but you are required choose a different name to avoid confusion.
:b.
:b.
::We sometimes use this term as a shortened way to refer to software and other things created by Sugar Labs. Please use this policy as guidance for use of these terms as well and [[#Contact information|contact us]] if you are uncertain.
::We sometimes use this term as a shortened way to refer to software and other things created by Sugar Labs. Please use this policy as guidance for use of these terms as well and [[#Contact information|contact us]] if you are uncertain.
:'''f.'''
:f.
:'''local Sugar Lab: '''
:local Sugar Lab:
::'''We have affiliated local and regional Sugar Labs that are referred to Sugar Labs <Region Name>, e.g., Sugar Labs Colombia. Sugar Labs is happy to designate local lab partners, so please [[#Contact information|contact us]] if you are interested in establishing a local Sugar Lab.'''
::We have affiliated local and regional Sugar Labs that are referred to Sugar Labs <Region Name>, e.g., Sugar Labs Colombia. Sugar Labs is happy to designate local lab partners, so please [[#Contact information|contact us]] if you are interested in establishing a local Sugar Lab.
6.
6.
You may create and sell merchandise using the Sugar Labs name and logo without additional permission provided that you use only unmodified graphics from the logo page on the Sugar Labs website. Please [[#Contact information|contact us]] if you would like to sell any other merchandise containing Sugar Labs '''Marks'''. This section is subject to the provisions contained in Sections 2 and 3 of this policy.
You may create and sell merchandise using the Sugar Labs name and logo without additional permission provided that you use only unmodified graphics from the logo page on the Sugar Labs website. Please [[#Contact information|contact us]] if you would like to sell any other merchandise containing Sugar Labs Marks. This section is subject to the provisions contained in Sections 2 and 3 of this policy.
7.
7.