Trademark

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DRAFT Sugar Trademark 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® 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

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®" (our trademark registration application for the logo is still pending).

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.

2.

You may use the Sugar Labs Marks without prior written permission for the following purposes (subject to the other sections):

a.
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, changes required for compatibility with a particular operating system distribution, or the inclusion of bug-fix patches).
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."
b.
To identify Sugar Labs as a distinct component of a software offering.
c.
To refer to the Sugar Labs project itself, its products, or its protocols.

3.

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.

4.

You may not use the Marks in the following ways:

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;
b.
In any way that indicates a greater degree of association between you and the Sugar Labs project than actually exists;
c.
In any way that implies a designated successor to Sugar Labs (e.g., "Sugar Labs++" is not permitted).


5.

Sugar Labs also uses the following other marks:

a.
Sugar on a Stick:
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" 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 Ready:
"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
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.

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 logo page on Sugar Lab's 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.

7.

The Software Freedom Conservancy reserves the sole right to:

a.
Determine compliance with this policy;
b.
Modify this policy in ways consistent with its mission of protecting the public;
c.
Grant exceptions to this policy, of any kind and for any reason whatsoever, other clauses notwithstanding.

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].