Difference between revisions of "Trademark"

Revision as of 14:27, 7 May 2010

NOTE:
This trademark policy is still a draft, subject to legal review by the Software Freedom Conservancy (SFC).
The final text has been approved by the Oversight Board as of May 7, 2010, and we are running it by the Legal folks at the SFC for final approval.
Upon approval by the SFC, the trademark policy will stand as written below.

Our goal is to make Sugar a recognized and trusted name in learning. A well-conceived trademark policy is instrumental in achieving this goal: it makes clear trademark-usage arrangements with partners and other FOSS projects. We want your participation. Please come talk with us if you have any questions about our policy.

SUGAR LABS TRADEMARK POLICY

Purpose

The purpose of this policy is to ensure that the identity, provenance, and free and open-source nature of Sugar Labs^® 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 2.5 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 registered mark.

Guidelines for using the Marks

Registered trademark symbol on first mention

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^®".

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.

Permissions required for usage

Using the marks without prior written permission

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 approved license.
To identify Sugar Labs software as a distinct component of a software offering. Please note however that we prefer that Sugar be described as a "learning environment", not a "desktop", and its programs as "Activities", not "applications".

Using the marks with prior written permission

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, we encourage you to participate in our label program, designed to help educators recognize your project as a good choice for learning.

Please refer to our License Request procedure for details regarding obtaining a license to use the Sugar Marks.

You do not need permission to refer to Sugar Labs

You do not need written permission to refer to the Sugar Labs project itself, its products, or its protocols.

Using the Marks as part of a product name

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.

Prohibited usages of the Marks

You may not use the Marks in the following ways:

Ways likely to cause confusion

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.);

Ways that indicate a greater degree of association than actually exists

In any way that indicates a greater degree of association between you and the Sugar Labs project than actually exists;

Ways that imply a designated successor

In any way that implies a designated successor to Sugar Labs (e.g., "Sugar Labs++" is not permitted).

Ways that imply favoritism

In a way that indicates that Sugar Labs favors one distribution, platform, product, etc. over another.

Other marks used by Sugar Labs

Sugar Labs also uses the following other marks:

Sugar on a Stick

The "Sugar on a Stick" name and mark is associated with a specific 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.

Sugar Labs Partner

"Sugar Labs Partner" should only be used to refer to a person or entity that is officially affiliated with the Sugar Labs project. Sugar Labs is happy to designate partners, so please contact us if you are interested in becoming a Sugar Labs Partner.

Sugar Learning Platform

"Sugar Learning Platform" should be used to refer to the software created by Sugar Labs and should be used under the same guidelines as per Sections 2.2 and 2.3 of this policy.

Sugar

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 us if you are uncertain.

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 us if you are interested in establishing a local Sugar Lab.

Merchandise using the Marks

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 us if you would like to sell any other merchandise containing Sugar Labs Marks. This section is subject to the provisions contained in Sections 2.2 and 2.3 of this policy.

Rights reserved by the SFC

The Software Freedom Conservancy reserves the sole right to:

Determining compliance

Determine compliance with this policy;

Modifications of this policy

Modify this policy in ways consistent with its mission of protecting the public;

Grant exceptions to this policy

Grant exceptions to this policy, of any kind and for any reason whatsoever, other clauses notwithstanding.

Contact information

If you have questions about using the Marks, or if you think you should be able to use the Marks for any purpose not allowed by this policy and would like permission for that use, or for more information concerning our label program, please contact Sugar Labs by emailing [trademark@sugarlabs.org] or by writing to Sugar Labs c/o Software Freedom Conservancy, 1995 BROADWAY FL 17, NEW YORK NY 10023-5882 USA.

Usage examples

Usage examples can be found on the Guidelines page.

@@ Line 1: / Line 1: @@
 {{GoogleTrans-en}}
-Please make comments on the [[Talk:Sugar_Labs/Governance/Trademark|Discussion Page]].
+{{TOCright}}
+{| style="background-color:#56c430; color:white" align="center"
+| [[Image:Pencil.png|Pencil.png]]
+| align="center" | <big>'''NOTE:'''</big><br>This trademark policy is still a draft, subject to legal review by the Software Freedom Conservancy (SFC).<br><big><font color="black">'''The final text has been approved by the Oversight Board as of May 7, 2010, and we are running it by the Legal folks at the SFC for final approval.'''</font></big><br>Upon approval by the SFC, the trademark policy will stand as written below.
+| [[Image:Pencil.png|Pencil.png]]
+|}
-==DRAFT Sugar Trademark Policy==
+Our goal is to make Sugar a recognized and trusted name in learning. A well-conceived trademark policy is instrumental in achieving this goal: it makes clear trademark-usage arrangements with partners and other FOSS projects. ''We want your participation.'' Please [[#Contact information|come talk with us]] if you have any questions about our policy.
-DRAFT: July 6, 2009
-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. Throughout this document, the "Marks" refers to the Sugar Labs name and logo, individually or together. However, note that section 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.
+----
-Guidelines for Using the Marks
+'''SUGAR LABS TRADEMARK POLICY'''
-.
+== Purpose ==
-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 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 [[#Other marks used by Sugar Labs|Section 2.5]] 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 ==
+=== Registered trademark symbol on first mention ===
+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.
-.
+=== Permissions required for usage ===
+==== Using the marks without prior written permission ====
 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 identify Sugar Labs software as a distinct component of a software offering. Please note however that we prefer that Sugar be described as a "learning environment", not a "desktop", and its programs as "Activities", not "applications".
-:a.
+==== Using the marks with prior written permission ====
-:To refer to the Sugar Labs software in substantially unmodified form ("[[Talk:Sugar Labs/Governance/Trademark#substantially unmodified|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, changes required for compatibility with a particular operating system distribution, or the inclusion of bug-fix patches).
+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 Sugar Labs," "based on Sugar Labs," or "a derivative of Sugar Labs."
+#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, we encourage you to participate in our label program, designed to help educators recognize your project as a good choice for learning.
-:b.
+Please refer to our [[Sugar_Labs/Governance/Transactions#License_request|License Request]] procedure for details regarding obtaining a license to use the Sugar Marks.
-:To identify Sugar Labs as a distinct component of a software offering.
+==== You do not need permission to refer to Sugar Labs ====
-:c.
-: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.
-.
+=== Using the Marks as part of a product name ===
-You may use "Sugar Labs" 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 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.
-.
+=== Prohibited usages of the Marks ===
 You may not use the Marks in the following ways:
-:a.
+==== Ways likely to cause confusion ====
+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.);
+==== Ways that indicate a greater degree of association than actually exists ====
-: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;
+In any way that indicates a greater degree of association between you and the Sugar Labs project than actually exists;
-:b.
+==== Ways that imply a designated successor ====
-:In any way that indicates a greater degree of association between you and the Sugar Labs project than actually exists;
+In any way that implies a designated successor to Sugar Labs (e.g., "Sugar Labs++" is not permitted).
-:c.
+==== Ways that imply favoritism ====
-:In any way that implies a designated successor to Sugar Labs (e.g., "Sugar Labs++" is not permitted).
+In a way that indicates that Sugar Labs [[Oversight_Board/Meeting_Minutes-2009-12-18|favors one distribution, platform, product, etc. over another]].
+=== Other marks used by Sugar Labs ===
-.
+Sugar Labs also uses the following other marks:
-Sugar Labs also uses the following other marks, which we may choose to register:
-: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.
-::You may produce and distribute Sugar Labs software on a USB key and refer to it as "Sugar on a Stick". However, you are encouraged to add a qualifying label to distinguish it from other distributions. For example, the "Sugar on a Stick Strawberry" Release is based on Fedora 11.
-:b.
+==== Sugar Labs Partner ====
-:Sugar Labs Partner:
+"Sugar Labs Partner" should only be used to refer to a person or entity that is officially affiliated with the Sugar Labs project. Sugar Labs is happy to designate partners, so please [[#Contact information|contact us]] if you are interested in becoming a Sugar Labs Partner.
-::"Sugar Labs Partner" should only be used to refer to a person or entity that is officially affiliated with the Sugar Labs project. Sugar Labs is happy to designate partners, so please contact us if you are interested in becoming a Sugar Labs Partner.
-:c.
+==== Sugar Learning Platform ====
-:Sugar Ready:
+"Sugar Learning Platform" should be used to refer to the software created by Sugar Labs and should be used under the same guidelines as per Sections [[#Permissions required for usage|2.2]] and [[#Using the Marks as part of a product name|2.3]] of this policy.
-::"Sugar Ready" may be used to refer to software certified by Sugar Labs to run on top of an official version of Sugar Labs, please contact us if you are interested in receiving a certification.
-:d.
-:Sugar Learning Platform
-::"Sugar Learning Platform" should be used to refer to the software created by Sugar Labs and should be used under the same guidelines as per Sections 2 and 3 of this policy.
-:e.
+==== Sugar ====
-:Sugar
+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 us if you are uncertain.
+==== 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.
+=== Merchandise using the Marks ===
-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 us if you would like to sell any other merchandise containing a Sugar Labs mark. 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 [[Marketing_Team/Logo|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 [[#Permissions required for usage|2.2]] and [[#Using the Marks as part of a product name|2.3]] of this policy.
-.
+=== Rights reserved by the SFC ===
 The Software Freedom Conservancy reserves the sole right to:
-:a.
+==== Determining compliance ====
-:Determine compliance with this policy;
+Determine compliance with this policy;
-:b.
+==== Modifications of this policy ====
-:Modify this policy in ways consistent with its mission of protecting the public;
+Modify this policy in ways consistent with its mission of protecting the public;
-:c.
+==== Grant exceptions to this policy ====
+Grant exceptions to this policy, of any kind and for any reason whatsoever, other clauses notwithstanding.
+== Contact information ==
+If you have questions about using the Marks, or if you think you should be able to use the Marks for any purpose not allowed by this policy and would like permission for that use, or for more information concerning our label program, please contact Sugar Labs by emailing [trademark@sugarlabs.org] or by writing to [[Sugar_Labs/Contacts#Mail|Sugar Labs c/o Software Freedom Conservancy, 1995 BROADWAY FL 17, NEW YORK NY 10023-5882 USA]].
+== Usage examples ==
-:Grant exceptions to this policy, of any kind and for any reason whatsoever, other clauses notwithstanding.
+Usage examples can be found [[Sugar Labs/Governance/Trademark/Guidelines|on the Guidelines page]].
-If you have questions about using the Marks, or if you think you should be able to use the Marks for any purpose not allowed by this policy and would like permission for that use, please contact Sugar Labs by emailing [trademark@sugarlabs.org].
 [[Category:Oversight board]]
 [[Category:Governance]]