This draft trademark policy is heavily borrowed from Ubuntu's Trademark Policy and is (naturally) itself published under the CC-BY-SA license. You are welcome to base your own project trademark policies off it, just let others use your changes and give credit where it is due.
The objective of the Openmoko Trademark Usage Policy is to encourage and allow widespread use of the Openmoko name and logo by the Openmoko community, maintain the value of their image and good standing, and protect them from inappropriate or unauthorized use. Trademarks must be protected or they lapse, allowing anyone to use or abuse them. We don't want that to happen to Openmoko!
Openmoko Trademark Usage Policy
Openmoko and the Openmoko logo are registered trademarks of Openmoko, Inc. Certain usages of the Trademarks are fine and no specific permission from us is needed. These are as follows:
Permitted trademark uses
- Community Advocacy -- We share access to the Trademarks with the entire community for the purposes of discussion, development and advocacy.
- Derived works -- The ability to customize Openmoko to meet your specific needs is one of the great strengths of free software in general, and Openmoko in particular. While we encourage customization and derivation of Openmoko we must balance that freedom with the integrity of the Trademarks and the quality which they represent.
- Building on Openmoko or for Openmoko -- If you are producing new software which is intended for use with or on Openmoko you may use the trademark in a way which indicates the intent of your product.
We reserve the right to review all usage within the open source community, and to object to any usage that appears to overstep the bounds of discussion and good-faith non-commercial development. In any event, once a project has left the open source project phase or otherwise become a commercial project, this policy does not authorize any use of the Trademarks in connection to that project.
Before using any of these marks outside the scope of fair use (such as using them in a review to refer to the product), please send an email to email@example.com with your name, contact details, and a short explanation of your proposed usage of the trademarks. Note that due to the volume of mail we receive, it may take up to a week to process your request. Permission may only be granted subject to certain conditions and these may include the requirement that you enter into an agreement with us to maintain the quality of the product and/or service which you intend to supply at a prescribed level.
Restricted use that requires a trademark license
Permission from us is necessary to use any of the Trademarks under any circumstances other than those specifically permitted above. These include:
- Any commercial use
- Use on or in relation to a software product that includes or is built on top of a product supplied by us, if there is any commercial intent associated with that product.
- Use in a domain name or URL.
- Use for merchandising purposes, e.g. on t-shirts and the like.
- Use of a name which includes Openmoko in relation to mobile hardware or software.
- Services relating to any of the above.
While there may be exceptions, it is very unlikely that we will approve Trademark use in the following cases:
Unlikely to get trademark approval
- Use of a Trademark in a company name.
- Use of a Trademark in a domain name which has a commercial intent. The commercial intent can range from promotion of a company or product, to collecting revenue generated by advertising.
- The calling of any software or product by the name Openmoko (or another related Trademark), unless that software or product is a substantially unmodified Openmoko product.
- Use in combination with any other marks or logos. This include use of a Trademark in a manner that creates a "combined mark," or use that integrates other wording with the Trademark in a way that the public may think of the use as a new mark (for example Club Openmoko or OpenmokoBooks, or in a way that by use of special fonts or presentation with nearby words or images conveys an impression that the two are tied in some way).
- Use in combination with any product or service which is presented as being Certified or Official or formally associated with us or our products or services.
- Use in a way which implies an endorsement where that doesn't exist, or which attempts to unfairly or confusingly capitalise on the goodwill or brand of the project.
- Use of a Trademark in a manner that disparages Openmoko or its products and is not clearly third-party parody.
- On or in relation to a software product which constitutes a substantially modified version of a product supplied by the Openmoko project, that is to say with material changes to the code, or services relating to such a product.
- In a title or metatag of a web page whose sole intention or result is to influence search engine rankings or result listings, rather than for discussion, development or advocacy of the Trademarks.
If you have any questions at all about your proposed use, please contact firstname.lastname@example.org
Websites and Domains
Where possible, we ask that Openmoko related domain ownership be held by Openmoko, Inc. Please ask for a trademark license before registering a domain which incorporates the Openmoko name. In most cases, we will sponsor registration fees for approved domains, and leave technical administrative control in the hands of the website operator.
It is important to maintain the visual integrity of the Openmoko logo. We therefore ask that anyone considering use of the logo keep the following guidelines in mind. Following these guidelines will increase the chances that we will quickly approve your use of the logo.
- When appearing in multiple colors, the logo should use only the "official" logo colors.
- You may use transparency and gradient/depth tools, but should still maintain the Openmoko colors.
- A monochrome version may be acceptable in certain situations, if the use requires it (e.g., desktop backgrounds).
- Any scaling must retain the original proportions of the logo.
- Other than the variations listed here, the logo may not be modified in any way.
- Additional text may not be added in such a way that it appears to be part of the logo itself.