Model Trademark Guidelines - User contributions [en]

Adopting Sites

2017-06-20T02:24:31Z

Pam: Added pfSense

These projects have used the Model Trademark Guidelines in developing their own guidelines:

;CakePHP Trademark Guielines
:https://cakephp.org/pages/trademark

;CentOS Trademark Guidelines
:http://www.centos.org/legal/trademarks/

;CloudRouter Trademark Guidelines
:https://cloudrouter.org/trademark-guidelines/

;pfSense Trademark Usage Guidelines
:https://www.pfsense.org/trademarks.html

Pam: Protected "Home: Model Trademark Guidelines": Excessive vandalism ([Edit=Allow only administrators] (indefinite) [Move=Allow only administrators] (indefinite))

== Welcome! ==

Welcome to the Model Trademark Guidelines, written by and for free and open source software communities. This site proposes language one might use for trademark guidelines for FLOSS software projects. It describes various provisions that might be included in trademark guidelines and discusses the legal considerations for the provisions. It is not intended to advocate for any particular set of permissions or restrictions, but rather is designed to provide a range of choices that would be found lawful and enforceable under trademark law, that are consistent with FLOSS culture, and that respect the trademark owner's desire to ensure that the software distributed under the trademark delivers a consistent user experience and meets the brand promise of the name. If you're not yet familiar with the project, please read [[#How the Project Works|How the Project Works]] below.

== The Guidelines ==

===[[Model Trademark Guidelines]]===

This is where you find the current version of the [[Model Trademark Guidelines|Model Trademark Guidelines, Version 1.0]].

===[[Working drafts]]===

This is the area of the website where we are [[Working drafts|working on and discussing]] future changes to the guidelines.

===[[OSS Trademark Policies|Project trademark policies]]===

Here is a partial listing of various [[OSS Trademark Policies]].

===[[Case law]]===

Here you will find cases involving trademarks for free and open source software, as well as some other relevant cases.

== How the Project Works ==

===Site Organization===
There are two main areas, both linked above. The [[Model_Trademark_Guidelines|"Model Trademark Guidelines" page]] is a final, numbered version of the Guidelines. The page is protected so that it cannot be changed.

The working area of the project is the [[Working_drafts|"Working drafts"]] pages. These pages can be modified and are where you can edit existing content, add sections, rearrange content, remove sections, or whatever you suggest.

The "Discussion" pages (the tab at top left on each page) are for conversations between project participants about proposed edits. This will include things like whether topics should be included or not, and structure and organization.

The "Commentary" pages are in their own "Commentary" namespace and are explanatory material relevant to one using the model trademark guidelines, like the Reporter's Notes in a Restatement or advisory committee notes for model laws. They describe things one might consider when adopting the Model Trademark Guidelines and also reflect what choices have been made in the Guidelines and why.

===How to Participate===

Jump in and start editing! The software used for this site is the same software used for [http://www.wikipedia.org/ Wikipedia], so the functionality may already be familiar to you. You can find basic help on the [[Help:Contents|"Help"]] tab on the left column and find more extensive help at the [http://en.wikipedia.org/wiki/Help:Contents Wikipedia help pages].

Please keep all discussion public, either on the discussion pages on this site or on the mailing list [http://modeltrademarkguidelines.org/mailman/listinfo/discussion_modeltrademarkguidelines.org (sign up here]), so that everyone will have full access to all the thought processes, conversations, and iterations of the guidelines.

While you do not need to create a login to use the site, if you do set up a login you can set watches on the pages of interest to you. After you are logged in you can add pages to a "Watchlist": when you are on a page you would like to watch, select "Watch" from the dropdown arrow just to the left of the search box at the top of the page. You will also need to set your user preferences to be notified by email: under your "Preferences" tab, in the "User Options" section check "'E-mail me when a page I'm watching is changed" and thereafter you will receive an email alerting you of any changes to pages you have added to your Watchlist.

There has been some spamlinking on the site, so you may be challenged with a ReCaptcha. Confirming an email address should eliminate ReCaptcha if you are logged in. (if it doesn't work properly, or have suggestions for how to implement it better, please [mailto:pam@modeltrademarkguidelines.org email me]).

We welcome everyone's views and hope to have some strong debates about what FLOSS software communities need and what they can do to protect their legal interests.

Home: Model Trademark Guidelines

2014-07-04T14:06:45Z

Pam: Reverted edits by 103.241.4.19 (talk) to last revision by 64.237.52.131

== Welcome! ==

Welcome to the Model Trademark Guidelines, written by and for free and open source software communities. This site proposes language one might use for trademark guidelines for FLOSS software projects. It describes various provisions that might be included in trademark guidelines and discusses the legal considerations for the provisions. It is not intended to advocate for any particular set of permissions or restrictions, but rather is designed to provide a range of choices that would be found lawful and enforceable under trademark law, that are consistent with FLOSS culture, and that respect the trademark owner's desire to ensure that the software distributed under the trademark delivers a consistent user experience and meets the brand promise of the name. If you're not yet familiar with the project, please read [[#How the Project Works|How the Project Works]] below.

== The Guidelines ==

===[[Model Trademark Guidelines]]===

This is where you find the current version of the [[Model Trademark Guidelines|Model Trademark Guidelines, Version 1.0]].

===[[Working drafts]]===

This is the area of the website where we are [[Working drafts|working on and discussing]] future changes to the guidelines.

===[[OSS Trademark Policies|Project trademark policies]]===

Here is a partial listing of various [[OSS Trademark Policies]].

===[[Case law]]===

Here you will find cases involving trademarks for free and open source software, as well as some other relevant cases.

== How the Project Works ==

===Site Organization===
There are two main areas, both linked above. The [[Model_Trademark_Guidelines|"Model Trademark Guidelines" page]] is a final, numbered version of the Guidelines. The page is protected so that it cannot be changed.

The working area of the project is the [[Working_drafts|"Working drafts"]] pages. These pages can be modified and are where you can edit existing content, add sections, rearrange content, remove sections, or whatever you suggest.

The "Discussion" pages (the tab at top left on each page) are for conversations between project participants about proposed edits. This will include things like whether topics should be included or not, and structure and organization.

The "Commentary" pages are in their own "Commentary" namespace and are explanatory material relevant to one using the model trademark guidelines, like the Reporter's Notes in a Restatement or advisory committee notes for model laws. They describe things one might consider when adopting the Model Trademark Guidelines and also reflect what choices have been made in the Guidelines and why.

===How to Participate===

Jump in and start editing! The software used for this site is the same software used for [http://www.wikipedia.org/ Wikipedia], so the functionality may already be familiar to you. You can find basic help on the [[Help:Contents|"Help"]] tab on the left column and find more extensive help at the [http://en.wikipedia.org/wiki/Help:Contents Wikipedia help pages].

Please keep all discussion public, either on the discussion pages on this site or on the mailing list [http://modeltrademarkguidelines.org/mailman/listinfo/discussion_modeltrademarkguidelines.org (sign up here]), so that everyone will have full access to all the thought processes, conversations, and iterations of the guidelines.

While you do not need to create a login to use the site, if you do set up a login you can set watches on the pages of interest to you. After you are logged in you can add pages to a "Watchlist": when you are on a page you would like to watch, select "Watch" from the dropdown arrow just to the left of the search box at the top of the page. You will also need to set your user preferences to be notified by email: under your "Preferences" tab, in the "User Options" section check "'E-mail me when a page I'm watching is changed" and thereafter you will receive an email alerting you of any changes to pages you have added to your Watchlist.

There has been some spamlinking on the site, so you may be challenged with a ReCaptcha. Confirming an email address should eliminate ReCaptcha if you are logged in. (if it doesn't work properly, or have suggestions for how to implement it better, please [mailto:pam@modeltrademarkguidelines.org email me]).

We welcome everyone's views and hope to have some strong debates about what FLOSS software communities need and what they can do to protect their legal interests.

Case law

2014-04-20T13:30:41Z

Pam: /* Germany */

Case law

2014-04-20T13:27:27Z

Pam: /* Poland */

Decisions available [http://docs.modeltrademarkguidelines.org/public.php?service=files&t=67a248598fb6828be0c796609a82a34a here.]

==Germany==

I 20 U 176/11-Enigma (Düsseldorf 24 Apr 2012) (German)

I 20 U 176/11-Enigma (Düsseldorf 24 Apr 2012) (English) - holding that defendant could use the "Enigma" work title for software modified for its hardware platform and configuration as long as the use did not violate generally accepted practices of trademark and commerce, which in the case of open source software means that the essential functions of the defendant's version of the software are identical, plug-ins and/or extensions of third parties remain compatible, and the defendant abides by the conditions of the GPL license.

U 147/09-Luxor (Hamburg 18 Jan 2012)

==Poland==

II GSK 1551/11-Der Grüne Punkt - English summary [https://www.marques.org/class46/Default.asp?XID=BHA3463 here]

II GSK 1646/11-Der Grüne Punkt - English summary [https://www.marques.org/class46/Default.asp?XID=BHA3463 here]

==New Zealand==

KOHA Decision of the Commissioner 91, [2013] NZIPOTM 47 - barring registration of KOHA mark by commercial entity on the basis that it would cause confusion with the library's free and open source library management software, but that the use by the library was not a trademark use because the software was not sold and therefore not used in the course of trade.

==United States==

''Autodesk, Inc. v. Dassault Sys. Solidworks Corp.'', 685 F. Supp. 2d 1023, 1027-28 (N.D. Cal. 2009) - a file name extension is not use as a trademark.

''FreecycleSunnyvale v. Freecycle Network'', 626 F.3d 509 (9th Cir. 2010) - finding there was a "naked license," and the trademark abandoned, in a loosely-organized management system.

''Planetary Motion, Inc. v. Techsplosion, Inc.'', 261 F.3d 1188 (11th Cir. 2001) - holding that free distribution of GPL software was a trademark use.

''Progress Software Corp. v. MySQL AB'', 195 F.Supp.2d 328 (D. Mass. 2002) - after agreement was terminated, defendant had to cease using combination trademark that included GPL software name but could state that its product used the MySQL program.

''Sega Enterprises Ltd. v. Accolade, Inc.'', 977 F.2d 1510 (9th Cir. 1993) - holding that an initialization code (four bytes containing "S-E-G-A"), used to unlock a game console and which caused the display of the SEGA trademark on the screen, could be used by competitors even if it meant the trademark was falsely displayed.

Case law

2014-04-20T13:15:22Z

Pam: /* United States */

Decisions available [http://docs.modeltrademarkguidelines.org/public.php?service=files&t=67a248598fb6828be0c796609a82a34a here.]

==Germany==

I 20 U 176/11-Enigma (Düsseldorf 24 Apr 2012) (German)

I 20 U 176/11-Enigma (Düsseldorf 24 Apr 2012) (English) - holding that defendant could use the "Enigma" work title for software modified for its hardware platform and configuration as long as the use did not violate generally accepted practices of trademark and commerce, which in the case of open source software means that the essential functions of the defendant's version of the software are identical, plug-ins and/or extensions of third parties remain compatible, and the defendant abides by the conditions of the GPL license.

U 147/09-Luxor (Hamburg 18 Jan 2012)

==Poland==

II GSK 1551/11-Der Grüne Punkt

II GSK 1646/11-Der Grüne Punkt

==New Zealand==

KOHA Decision of the Commissioner 91, [2013] NZIPOTM 47 - barring registration of KOHA mark by commercial entity on the basis that it would cause confusion with the library's free and open source library management software, but that the use by the library was not a trademark use because the software was not sold and therefore not used in the course of trade.

==United States==

''Autodesk, Inc. v. Dassault Sys. Solidworks Corp.'', 685 F. Supp. 2d 1023, 1027-28 (N.D. Cal. 2009) - a file name extension is not use as a trademark.

''FreecycleSunnyvale v. Freecycle Network'', 626 F.3d 509 (9th Cir. 2010) - finding there was a "naked license," and the trademark abandoned, in a loosely-organized management system.

''Planetary Motion, Inc. v. Techsplosion, Inc.'', 261 F.3d 1188 (11th Cir. 2001) - holding that free distribution of GPL software was a trademark use.

''Progress Software Corp. v. MySQL AB'', 195 F.Supp.2d 328 (D. Mass. 2002) - after agreement was terminated, defendant had to cease using combination trademark that included GPL software name but could state that its product used the MySQL program.

''Sega Enterprises Ltd. v. Accolade, Inc.'', 977 F.2d 1510 (9th Cir. 1993) - holding that an initialization code (four bytes containing "S-E-G-A"), used to unlock a game console and which caused the display of the SEGA trademark on the screen, could be used by competitors even if it meant the trademark was falsely displayed.

Case law

2014-04-20T12:49:40Z

Pam: /* New Zealand */

Decisions available [http://docs.modeltrademarkguidelines.org/public.php?service=files&t=67a248598fb6828be0c796609a82a34a here.]

==Germany==

I 20 U 176/11-Enigma (Düsseldorf 24 Apr 2012) (German)

I 20 U 176/11-Enigma (Düsseldorf 24 Apr 2012) (English) - holding that defendant could use the "Enigma" work title for software modified for its hardware platform and configuration as long as the use did not violate generally accepted practices of trademark and commerce, which in the case of open source software means that the essential functions of the defendant's version of the software are identical, plug-ins and/or extensions of third parties remain compatible, and the defendant abides by the conditions of the GPL license.

U 147/09-Luxor (Hamburg 18 Jan 2012)

==Poland==

II GSK 1551/11-Der Grüne Punkt

II GSK 1646/11-Der Grüne Punkt

==New Zealand==

KOHA Decision of the Commissioner 91, [2013] NZIPOTM 47 - barring registration of KOHA mark by commercial entity on the basis that it would cause confusion with the library's free and open source library management software, but that the use by the library was not a trademark use because the software was not sold and therefore not used in the course of trade.

==United States==

''Autodesk, Inc. v. Dassault Sys. Solidworks Corp.'', 685 F. Supp. 2d 1023, 1027-28 (N.D. Cal. 2009) - a file name extension is not use as a trademark.

''FreecycleSunnyvale v. Freecycle Network'', 626 F.3d 509 (9th Cir. 2010) - finding there was a "naked license," and the trademark abandoned, in a loosely-organized management system.

''Planetary Motion, Inc. v. Techsplosion, Inc.'', 261 F.3d 1188 (11th Cir. 2001) - holding that free distribution of GPL software was a trademark use.

''Progress Software Corp. v. MySQL AB'', 195 F.Supp.2d 328 (D. Mass. 2002) - after agreement was terminated, defendant had to cease using combination trademark that included GPL software name but could state that its product used the MySQL program.

Case law

2014-04-20T12:45:54Z

Pam: /* United States */

Case law

2014-04-19T17:27:16Z

Pam: /* Germany */

2014-02-07T01:53:14Z

Pam:

Model Trademark Guidelines

2014-01-17T03:49:31Z

Pam: Protected "Model Trademark Guidelines" ([Edit=Allow only administrators] (indefinite) [Move=Allow only administrators] (indefinite))

These guidelines are available under a [http://creativecommons.org/licenses/by/4.0/ Creative Commons Attribution license], which means that you can modify the content as much as you like.

However, one of the goals of the Model Trademark Guidelines is to create some common understanding in the open source community about the appropriate use of other's trademarks. For that reason, we hope that you retain the major concepts embodied in the guidelines and bring any changes that you believe would be beneficial in general back to this site for discussion in the further evolving [[Working_drafts|drafts of the guidelines]]. And please don't forget the attribution in your version: "Derived from Model Trademark Guidelines, available at www.modeltrademarkguidelines.org."

The Guidelines use the convention of enclosing portions in double carets (<< >>) that need to be customized for your individual use. Also, we have used "~Mark" (a tilde before the word "Mark") for those places where you should insert your own trademark and "~MarkOwner" for the name of the owner of the trademarks.

==[[Model Trademark Guidelines|Model Trademark Guidelines 1.0]]==

__TOC__

The Guidelines use the convention of enclosing in double carets (<< >>) the portions that need to be customized by the end user. Also, "~Mark" (a tilde before the word "Mark") is used in the places where the end users of the Guidelines will insert their own trademark and likewise "~MarkOwner" is for the name of the owner of the trademarks and "~ProjectName" is for the name of the project.

These Guidelines are designed to be used in association with brand standards, a separate document provided by the project that describes the proper design form of the logo and that may also offer authorized designs for CD labels, icons, T-shirts, stickers, etc.

== Introduction<ref>[[Commentary:Introduction|Go to the Commentary page for the Introduction]].</ref>==

This document, the "Policy," outlines the <<~ProjectName>> project's (the "Project") policy for the use of our trademarks. While our software is available under a free and open source software license, the copyright license does not include an implied right or license to use our trademark.

The role of trademarks is to provide assurance about the quality of the products or services with which the trademark is associated, but because an open source license allows your unrestricted modification of the copyrighted software, we cannot be sure that your modifications to the software are ones that will not be misleading if distributed under the same name. Instead, this Policy describes the circumstances under which you may use our trademarks.

In this Policy we are not trying to limit the lawful use of our trademarks, but rather describe for you what we consider the parameters of lawful use to be. Trademark law can be ambiguous, so we hope to provide enough clarity for you to understand whether we will consider your use licensed or non-infringing.

The sections that follow describe what trademarks are covered by these Guidelines, as well as uses of the trademarks that are allowed without additional permission from us. If you want to use our trademarks in ways that are not described in this Policy, please see [[#Where to get further information|"Where to get further information"]] below for contact information. Any use that does not comply with this Policy or for which we have not separately provided written permission is not a use that we have approved, so you must decide for yourself whether the use is nevertheless lawful.

==Our commitment to open source principles<ref>[[Commentary:Our commitment|Go to the Commentary page for Our commitment to open source principles]].</ref>==

We want to encourage and facilitate the use of our trademarks by the community, but do so in a way that still ensures that the trademarks are meaningful as a source and quality indicator for our software and the associated goods and services and continue to embody the high reputation of the software and the community associated with it. This Policy therefore tries to strike the proper balance between: 1) our need to ensure that our trademarks remain reliable indicators of the qualities that they are meant to preserve and 2) our community members' desire to be full participants in the Project.

==Trademarks subject to the guidelines<ref>[[Commentary:Description of Marks|Go to the Commentary page for Trademarks subject to the guidelines]].</ref>==

===Our trademarks===

This Policy covers:

1. Our word trademarks and service marks (the "Word Marks"):

<<List below what you consider to be your word marks, including any umbrella name, like "Apache," as well as individual project names>>

{| class="wikitable"
! align="left"| Mark
! Common descriptive name for the goods or services
|-
|<<~Mark 1>>
|<<e.g., software, application, script, plug-in, etc.>>
|-
|<<~Mark 2>>
|<<e.g., software, application, script, plug-in, etc.>>
|-
|<<~Mark 3>>
|<<e.g., software, application, script, plug-in, etc.>>
|}
2. Our logos (the "Logos"):

<<Insert your logos, including standalone logos, like the Hadoop elephant; any logotype of a word, like the color and font weight treatment used for "LibreOffice"; or a combination of a logo and word, like the Debian swirl with the word "Debian">>

3. And the unique visual styling of our website and packaging (the "Trade Dress").

This Policy encompasses all trademarks and service marks, whether Word Marks, Logos or Trade Dress, which are collectively referred to as the “Marks.” Some Marks may not be registered, but registration does not equal ownership of trademarks. This Policy covers our Marks whether they are registered or not.

===The trademarks we are not licensing in this Policy===

The following trademarks are ones that are reserved exclusively to our use and are not covered by the Policy:

<<List marks that you don't want others using without permission>>

Contact us as described in [[#Where to get further information|"Where to get further information"]] below if you have questions or want to ask permission to use any of these excluded trademarks.

==Universal considerations for all uses<ref>[[Commentary:Universal Considerations|Go to the Commentary page for Universal considerations for all uses]].</ref>==

Whenever you use one of the Marks, you must always do so in a way that does not mislead anyone, either directly or by omission, about exactly what they are getting and from whom. The law reflects this requirement in two major ways described in more detail [[#What trademark law is about|below]]: it prohibits creating a [[#What is "likelihood of confusion"?|"likelihood of confusion"]] but allows for [[#What is "nominative" use?|"nominative use."]] For example, you cannot say you are distributing the <<~Mark>> software when you're distributing a modified version of it, because people would be confused because they are not getting the same features and functionality they would get if they downloaded the software directly from us. You also cannot use our logo on your website in a way that suggests that your website is an official website or that we endorse your website. You can, though, say you like the <<~Mark>> software, that you participate in the <<~Mark>> community, that you are providing an unmodified version of the <<~Mark>> software, or that you wrote a book describing how to use the <<~Mark>> software.

This fundamental requirement, that it is always clear to people what they are getting and from whom, is reflected throughout this Policy. It should also serve as your guide if you are not sure about how you are using the Marks.

In addition:

You may not use the Marks in association with the use or distribution of software if you are also not in compliance with the copyright license for the software.

You may not use or register, in whole or in part, the Marks as part of your own trademark, service mark, domain name, company name, trade name, product name or service name.

Trademark law does not allow your use of names or trademarks that are too similar to ours. You therefore may not use an obvious variation of any of our Marks or any phonetic equivalent, foreign language equivalent, takeoff, or abbreviation for a similar or compatible product or service. We would consider the following too similar to one of our Marks:

<<Example for UBUNTU: "Any mark ending with the letters UBUNTU or BUNTU">> 
<<Example for ARCHLINUX: "Any mark beginning with the letters ARCH">> 

You agree that you will not acquire any rights in the Marks and that any goodwill generated by your use of the Marks inures solely to our benefit.

==Use for software<ref>[[Commentary:Use for Software|Go to the Commentary page for Use for software]].</ref>==

See [[#Universal considerations for all uses|Universal considerations for all uses]], above, which also apply.

===Uses we consider non-infringing===

====Distribution of unmodified source code or unmodified executable code we have compiled====

When you redistribute an unmodified copy of our software, you are not changing the quality or nature of it. Therefore, you may retain the Word Marks and the Logos we have placed on the software, to identify your redistribution -- whether that redistribution is made by optical media, memory stick or download of unmodified source and executable code. This kind of use only applied if you are redistributing an official distribution from this Project that has not been changed in any way. You can find files for the Logos and approved designs for packaging on our <<Brand Standards>> page.

====Distribution of executable code that you have compiled, or modified code====

You may use the Word Marks, but not the Logos, to truthfully describe the origin of the software that you are providing, that is, that the code you are distributing is a modification of our software. You may say, for example, that "this software is derived from the source code for <<~Mark>> software."

<<Example #1: This source code is distributed with an "--enable-official-branding" flag. By default, this software will compile without official branding. As long as you do not modify the code or enable this flag before compiling, any use of the <<~Mark>> in the compiled code is noninfringing.>>

Of course, you can place your own trademarks or logos on versions of the software to which you have made substantive modifications, because by modifying the software, you have become the origin of that exact version. In that case, you should not use our Logos. Our source code version therefore does not contain our Logo data files.

====Statements about compatibility, interoperability or derivation====

You may use the Word Marks, but not the Logos, to truthfully describe the relationship between your software and ours. Our Mark should be used after a verb or preposition that describes the relationship between your software and ours. So you may say, for example, "Bob's software for the <<~Mark>> platform" but may not say "Bob's <<~Mark>> software." Some other examples that may work for you are:

[Your software] works with <<~Mark>> software 
[Your software] uses <<~Mark>> software 
[Your software] is compatible with <<~Mark>> software 
[Your software] is powered by <<~Mark>> software 
[Your software] runs on <<~Mark>> software 
[Your software] for use with <<~Mark>> software 
[Your software] for <<~Mark>> software 

====Use of trademarks to show community affiliation====

This section discusses the use of our Marks for software such an application themes, skins and personas. The use of our Marks on websites is discussed below.

You may use the Word Marks and the Logos in themes, personas, or skins for applications to show your support for the Project, provided that the use is non-commercial and the use is clearly decorative, as contrasted with a use that appears to be the branding for a website or application.

===Uses for which we are granting a license===

====Distribution of modified software====

<<Example #1: You may use the Word Marks and the Logos for the distribution of code (source or executable) on the condition that any executable is built from the official Project source code and that any modifications are limited to switching on or off features already included in the software, translations into other languages, and incorporating bug-fix patches.>>

<<Example #2: You may use the Word Marks and the Logos for the distribution of executable code on the condition that it is made from official Project source code using the procedure documented for creating an executable found at <<location of build instructions.>>>>

====Distribution of software preloaded on hardware====

<<Example #1: You may use the Word Marks and the Logos in association with hardware devices on the condition that the executable installed on the device is the official source executable for the Project, and that you do not suggest that the Project is the source of the hardware device itself but rather than the Marks are for the software incorporated into the device.>>

<<Example #2: You may use use the Word Marks and the Logos in association with hardware devices on the condition that the software installed on the device is modified only so far as necessary to operate on the hardware platforms and the essential functions of the software are unchanged, and that you do not suggest that the Project is the source of the hardware device itself but rather than the Marks are for the software incorporated into the device.>>

===Uses we consider infringing without seeking further permission from us===

We will likely consider using the Marks in a software distribution that combines our software with any other software program an infringement of our Marks. In addition to creating a single executable for both software programs, we would consider your software "combined" with ours if installing our software automatically installs yours. We would not consider your software "combined" with ours if it is on the same media but requires separate, independent action to install it.

==Use for non-software goods and services<ref>[[Commentary:Use for Non-Software|Go to the Commentary page for Use for non-software goods and services]].</ref>==

See [[#Universal considerations for all uses|Universal considerations for all uses]], above, which also apply.

===Uses we consider non-infringing===

====Websites====

You may use the Word Marks and Logos, but not the Trade Dress, on your webpage to show your support for the Project as long as:

* The website has branding that is easily distinguished from the Project Trade Dress;
* You own branding or naming is more prominent than any Project Marks;
* The Logos hyperlink to the Project website;
* The site does not mislead customers into thinking that either your website, service, or product is our website, service, or product; and
* The site clearly states that you are not affiliated with or endorsed by the Project.

====Publications and presentations ====

You can use the Word Marks in book and article titles, and the Logo in illustrations within the document, as long as the use does not suggest that we have published, endorse, or agree with your work.

====Events====

You can use the signage in the <<Brand Standards>> to promote the software and Project at events.

===Uses for which we are granting a license===

====User groups====

You can use the Word Marks as part of your user group name provided that:
* The main focus of the group is the software;
* Any software or services the group provides are without cost;
* The group does not make a profit;
* Any charge to attend meetings are to cover the cost of the venue, food and drink only.

Note that the [[#Universal considerations for all uses|Universal considerations for all uses]], above, still apply, specifically, that you may not use or register the Marks as part of your own trademark, service mark, domain name, company name, trade name, product name or service name.

====Promotional goods====

"Promotional goods" are non-software goods that use the Marks and that are intended to advertise the Project, promote the Project, or show membership in the Project community.

<<Example #1>> You may make promotional goods for free giveaway at open source conferences and events using only the designs found on our <<Brand Standards>> site.

<<Example #2>> You may make promotional goods for free giveaway at open source conferences and events provided that the goods are obtained from <<contractor for promotional goods.>>

===Uses we consider infringing without seeking further permission from us===

We will likely consider using the Marks as part of a domain name or subdomain an infringement of our Marks.

We would likely consider using the Marks on promotional goods for sale an infringement of our Marks.

==General Information<ref>[[Commentary:General Information|Go to the Commentary page for General Information]].</ref>==

===Trademark marking and legends===

The first or most prominent mention of a Mark on a webpage, document, packaging, or documentation should be accompanied by a symbol indicating whether the mark is a registered trademark ("®") or an unregistered trademark ("™"). See our [[#Our Trademarks|Trademark List]] for the correct symbol to use.

Also, if you are using our Marks in a way described in the sections "Uses for which we are granting a license," please put following notice at the foot of the page where you have used the Mark (or, if in a book, on the credits page), on any packaging or labeling, and on advertising or marketing materials: "<<~Mark>> is trademark of <<~MarkOwner>><<", registered in the United States and other countries" if correct>>. Used with permission from the <<~MarkOwner>>."

===What to do when you see abuse===

If you are aware of any confusing use or misuse of the Marks in any way, we would appreciate you bringing this to our attention. Please contact us as described [[#Where to find further information|below]] so that we can investigate it further.

===Where to get further information===

If you have any questions about this Policy, would like to speak with us about the use of our Marks in ways not described in the Policy, or see any abuse of our Marks, please <<insert contact information.>>

==General considerations about trademarks and their use<ref>[[Commentary:General Considerations|Go to the Commentary page for General considerations about trademarks and their use]].</ref>==

===What trademark law is about===

====What is a trademark?====

A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others. A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. "Trade dress" or "get up" refers to the look and feel of the packaging, which in this context can include the layout, colors, images, and design choices in a web page. Throughout this Policy, the terms "trademark" and "mark" refer to both trademarks, service marks and trade dress.

However, the use of a word is "not as a trademark" when it is used functionally as part of the software program, for example, in a file, folder, directory, or path name. Use in this way is not a trademark infringement.

====What is "likelihood of confusion"?====

There is trademark infringement if your use of a trademark has created a "likelihood of confusion." This means using a trademark in a way that will likely confuse or deceive the relevant consuming public about the source of a product or service using the mark in question. For example, if the "Foo" software extension removes all double spaces after periods, but someone else later creates "Foo" software that adds a third space after periods, consumers would be confused between the two and the newcomer will likely be a trademark infringer. As another example, if a company makes "Foobar" software and a third party offers training called "Foobar Certification," a person is likely to believe, wrongly, that the certification is being offered by the makers of Foobar software. The third party has likely misled consumers about the source of its training and is a trademark infringer.

====What is "nominative" use?====

So-called "nominative use" (or "nominative fair use"), which is the name of the doctrine under U.S. trademark law, allows the use of another's trademark where it is necessary for understanding. Other countries' trademark laws also have similar provisions. For example, a car repair shop that specializes in a particular brand of automobile, VW for example, must be allowed to say that they repair VW cars. Here is what you should consider when deciding whether your use of a trademark is a nominative fair use:

*Whether you can identify the product or service in question without using the trademark;
*Whether you are avoiding a likelihood of confusion in the way that you have used the trademark; and
*Whether you have used only as much as is necessary to identify the product or service.

With our "Foobar Certification" example above, the person offering the certification would be allowed to say, under the nominative fair use doctrine, that she is offering "Maude's Certification for Foobar software."

===Proper trademark use===

These rules hold true for all trademarks, not just ours, so you should follow them for our Marks as well as anyone else's.

====Use of trademarks in text====

'''Always distinguish trademarks from surrounding text with at least initial capital letters or in all capital letters. '''
Unacceptable: <<~mark>> 
Acceptable: <<~Mark, ~MARK>> 

'''Always use trademarks in their exact form with the correct spelling, neither abbreviated, hyphenated, or combined with any other word or words. '''
Unacceptable: <<~Mark misspelled or wrong case>> 
Acceptable: <<~Mark>> 

'''Don't pluralize a trademark. '''
Unacceptable: I have seventeen <<~Marks>> running in my lab. 
Acceptable: I have seventeen <<~Mark>> systems running in my lab. 

'''Don't use "a" or "the" to refer to an instance of the trademark. '''
Unacceptable: I put a <<~Mark>> on my mom's computer. 
Acceptable: I put a <<~Mark>> system on my mom's computer. 

'''Always use a trademark as an adjective modifying a noun.''' You can see the nouns we prefer under [[#Our trademarks|"Our trademarks."]] 
Unacceptable: This is a <<~Mark>>. Anyone can install it. 
Acceptable: This is a <<~Mark>> application. Anyone can install it. 

'''Don't use a trademark as a verb. Trademarks are products or services, never actions. '''
Unacceptable: I <<~Markified>> my computer today! 
Acceptable: I installed <<~Mark>> software on my computer today! 

'''Don't use a trademark as a possessive. Instead, the following noun should be used in possessive form or the sentence reworded so there is no possessive. '''
Unacceptable: <<~Mark's>> desktop interface is very clean. 
Acceptable: The <<~Mark>> desktop's interface is very clean. 

'''Don't translate a trademark into another language. '''
Acceptable: Quiero instalar <<~Mark>> en mi sistema. 
Unacceptable: Quiero instalar <<~Mark translated into Spanish>> en mi sistema. 

====Use of Logos====

You may not change any Logo except to scale it. This means you may not add decorative elements, change the colors, change the proportions, distort it, add elements, or combine it with other logos.

However, when the context requires the use of black-and-white graphics and the logo is color, you may reproduce the logo in a manner that produces a black-and-white image.

These guidelines are based on the Model Trademark Guidelines, available at http://www.modeltrademarkguidelines.org., used under a Creative Commons Attribution 3.0 Unported license: https://creativecommons.org/licenses/by/3.0/deed.en_US

==Footnotes==
<references />

==Working Revision==

[[Draft Version 1.1|Here's]] the current working draft.

Model Trademark Guidelines

2014-01-16T23:54:21Z

Pam:

These guidelines are available under a [http://creativecommons.org/licenses/by/4.0/ Creative Commons Attribution license], which means that you can modify the content as much as you like.

However, one of the goals of the Model Trademark Guidelines is to create some common understanding in the open source community about the appropriate use of other's trademarks. For that reason, we hope that you retain the major concepts embodied in the guidelines and bring any changes that you believe would be beneficial in general back to this site for discussion in the further evolving [[Working_drafts|drafts of the guidelines]]. And please don't forget the attribution in your version: "Derived from Model Trademark Guidelines, available at www.modeltrademarkguidelines.org."

The Guidelines use the convention of enclosing portions in double carets (<< >>) that need to be customized for your individual use. Also, we have used "~Mark" (a tilde before the word "Mark") for those places where you should insert your own trademark and "~MarkOwner" for the name of the owner of the trademarks.

==[[Model Trademark Guidelines|Model Trademark Guidelines 1.0]]==

__TOC__

The Guidelines use the convention of enclosing in double carets (<< >>) the portions that need to be customized by the end user. Also, "~Mark" (a tilde before the word "Mark") is used in the places where the end users of the Guidelines will insert their own trademark and likewise "~MarkOwner" is for the name of the owner of the trademarks and "~ProjectName" is for the name of the project.

These Guidelines are designed to be used in association with brand standards, a separate document provided by the project that describes the proper design form of the logo and that may also offer authorized designs for CD labels, icons, T-shirts, stickers, etc.

== Introduction<ref>[[Commentary:Introduction|Go to the Commentary page for the Introduction]].</ref>==

This document, the "Policy," outlines the <<~ProjectName>> project's (the "Project") policy for the use of our trademarks. While our software is available under a free and open source software license, the copyright license does not include an implied right or license to use our trademark.

The role of trademarks is to provide assurance about the quality of the products or services with which the trademark is associated, but because an open source license allows your unrestricted modification of the copyrighted software, we cannot be sure that your modifications to the software are ones that will not be misleading if distributed under the same name. Instead, this Policy describes the circumstances under which you may use our trademarks.

In this Policy we are not trying to limit the lawful use of our trademarks, but rather describe for you what we consider the parameters of lawful use to be. Trademark law can be ambiguous, so we hope to provide enough clarity for you to understand whether we will consider your use licensed or non-infringing.

The sections that follow describe what trademarks are covered by these Guidelines, as well as uses of the trademarks that are allowed without additional permission from us. If you want to use our trademarks in ways that are not described in this Policy, please see [[#Where to get further information|"Where to get further information"]] below for contact information. Any use that does not comply with this Policy or for which we have not separately provided written permission is not a use that we have approved, so you must decide for yourself whether the use is nevertheless lawful.

==Our commitment to open source principles<ref>[[Commentary:Our commitment|Go to the Commentary page for Our commitment to open source principles]].</ref>==

We want to encourage and facilitate the use of our trademarks by the community, but do so in a way that still ensures that the trademarks are meaningful as a source and quality indicator for our software and the associated goods and services and continue to embody the high reputation of the software and the community associated with it. This Policy therefore tries to strike the proper balance between: 1) our need to ensure that our trademarks remain reliable indicators of the qualities that they are meant to preserve and 2) our community members' desire to be full participants in the Project.

==Trademarks subject to the guidelines<ref>[[Commentary:Description of Marks|Go to the Commentary page for Trademarks subject to the guidelines]].</ref>==

===Our trademarks===

This Policy covers:

1. Our word trademarks and service marks (the "Word Marks"):

<<List below what you consider to be your word marks, including any umbrella name, like "Apache," as well as individual project names>>

{| class="wikitable"
! align="left"| Mark
! Common descriptive name for the goods or services
|-
|<<~Mark 1>>
|<<e.g., software, application, script, plug-in, etc.>>
|-
|<<~Mark 2>>
|<<e.g., software, application, script, plug-in, etc.>>
|-
|<<~Mark 3>>
|<<e.g., software, application, script, plug-in, etc.>>
|}
2. Our logos (the "Logos"):

<<Insert your logos, including standalone logos, like the Hadoop elephant; any logotype of a word, like the color and font weight treatment used for "LibreOffice"; or a combination of a logo and word, like the Debian swirl with the word "Debian">>

3. And the unique visual styling of our website and packaging (the "Trade Dress").

This Policy encompasses all trademarks and service marks, whether Word Marks, Logos or Trade Dress, which are collectively referred to as the “Marks.” Some Marks may not be registered, but registration does not equal ownership of trademarks. This Policy covers our Marks whether they are registered or not.

===The trademarks we are not licensing in this Policy===

The following trademarks are ones that are reserved exclusively to our use and are not covered by the Policy:

<<List marks that you don't want others using without permission>>

Contact us as described in [[#Where to get further information|"Where to get further information"]] below if you have questions or want to ask permission to use any of these excluded trademarks.

==Universal considerations for all uses<ref>[[Commentary:Universal Considerations|Go to the Commentary page for Universal considerations for all uses]].</ref>==

Whenever you use one of the Marks, you must always do so in a way that does not mislead anyone, either directly or by omission, about exactly what they are getting and from whom. The law reflects this requirement in two major ways described in more detail [[#What trademark law is about|below]]: it prohibits creating a [[#What is "likelihood of confusion"?|"likelihood of confusion"]] but allows for [[#What is "nominative" use?|"nominative use."]] For example, you cannot say you are distributing the <<~Mark>> software when you're distributing a modified version of it, because people would be confused because they are not getting the same features and functionality they would get if they downloaded the software directly from us. You also cannot use our logo on your website in a way that suggests that your website is an official website or that we endorse your website. You can, though, say you like the <<~Mark>> software, that you participate in the <<~Mark>> community, that you are providing an unmodified version of the <<~Mark>> software, or that you wrote a book describing how to use the <<~Mark>> software.

This fundamental requirement, that it is always clear to people what they are getting and from whom, is reflected throughout this Policy. It should also serve as your guide if you are not sure about how you are using the Marks.

In addition:

You may not use the Marks in association with the use or distribution of software if you are also not in compliance with the copyright license for the software.

You may not use or register, in whole or in part, the Marks as part of your own trademark, service mark, domain name, company name, trade name, product name or service name.

Trademark law does not allow your use of names or trademarks that are too similar to ours. You therefore may not use an obvious variation of any of our Marks or any phonetic equivalent, foreign language equivalent, takeoff, or abbreviation for a similar or compatible product or service. We would consider the following too similar to one of our Marks:

<<Example for UBUNTU: "Any mark ending with the letters UBUNTU or BUNTU">> 
<<Example for ARCHLINUX: "Any mark beginning with the letters ARCH">> 

You agree that you will not acquire any rights in the Marks and that any goodwill generated by your use of the Marks inures solely to our benefit.

==Use for software<ref>[[Commentary:Use for Software|Go to the Commentary page for Use for software]].</ref>==

See [[#Universal considerations for all uses|Universal considerations for all uses]], above, which also apply.

===Uses we consider non-infringing===

====Distribution of unmodified source code or unmodified executable code we have compiled====

When you redistribute an unmodified copy of our software, you are not changing the quality or nature of it. Therefore, you may retain the Word Marks and the Logos we have placed on the software, to identify your redistribution -- whether that redistribution is made by optical media, memory stick or download of unmodified source and executable code. This kind of use only applied if you are redistributing an official distribution from this Project that has not been changed in any way. You can find files for the Logos and approved designs for packaging on our <<Brand Standards>> page.

====Distribution of executable code that you have compiled, or modified code====

You may use the Word Marks, but not the Logos, to truthfully describe the origin of the software that you are providing, that is, that the code you are distributing is a modification of our software. You may say, for example, that "this software is derived from the source code for <<~Mark>> software."

<<Example #1: This source code is distributed with an "--enable-official-branding" flag. By default, this software will compile without official branding. As long as you do not modify the code or enable this flag before compiling, any use of the <<~Mark>> in the compiled code is noninfringing.>>

Of course, you can place your own trademarks or logos on versions of the software to which you have made substantive modifications, because by modifying the software, you have become the origin of that exact version. In that case, you should not use our Logos. Our source code version therefore does not contain our Logo data files.

====Statements about compatibility, interoperability or derivation====

You may use the Word Marks, but not the Logos, to truthfully describe the relationship between your software and ours. Our Mark should be used after a verb or preposition that describes the relationship between your software and ours. So you may say, for example, "Bob's software for the <<~Mark>> platform" but may not say "Bob's <<~Mark>> software." Some other examples that may work for you are:

[Your software] works with <<~Mark>> software 
[Your software] uses <<~Mark>> software 
[Your software] is compatible with <<~Mark>> software 
[Your software] is powered by <<~Mark>> software 
[Your software] runs on <<~Mark>> software 
[Your software] for use with <<~Mark>> software 
[Your software] for <<~Mark>> software 

====Use of trademarks to show community affiliation====

This section discusses the use of our Marks for software such an application themes, skins and personas. The use of our Marks on websites is discussed below.

You may use the Word Marks and the Logos in themes, personas, or skins for applications to show your support for the Project, provided that the use is non-commercial and the use is clearly decorative, as contrasted with a use that appears to be the branding for a website or application.

===Uses for which we are granting a license===

====Distribution of modified software====

<<Example #1: You may use the Word Marks and the Logos for the distribution of code (source or executable) on the condition that any executable is built from the official Project source code and that any modifications are limited to switching on or off features already included in the software, translations into other languages, and incorporating bug-fix patches.>>

<<Example #2: You may use the Word Marks and the Logos for the distribution of executable code on the condition that it is made from official Project source code using the procedure documented for creating an executable found at <<location of build instructions.>>>>

====Distribution of software preloaded on hardware====

<<Example #1: You may use the Word Marks and the Logos in association with hardware devices on the condition that the executable installed on the device is the official source executable for the Project, and that you do not suggest that the Project is the source of the hardware device itself but rather than the Marks are for the software incorporated into the device.>>

<<Example #2: You may use use the Word Marks and the Logos in association with hardware devices on the condition that the software installed on the device is modified only so far as necessary to operate on the hardware platforms and the essential functions of the software are unchanged, and that you do not suggest that the Project is the source of the hardware device itself but rather than the Marks are for the software incorporated into the device.>>

===Uses we consider infringing without seeking further permission from us===

We will likely consider using the Marks in a software distribution that combines our software with any other software program an infringement of our Marks. In addition to creating a single executable for both software programs, we would consider your software "combined" with ours if installing our software automatically installs yours. We would not consider your software "combined" with ours if it is on the same media but requires separate, independent action to install it.

==Use for non-software goods and services<ref>[[Commentary:Use for Non-Software|Go to the Commentary page for Use for non-software goods and services]].</ref>==

See [[#Universal considerations for all uses|Universal considerations for all uses]], above, which also apply.

===Uses we consider non-infringing===

====Websites====

You may use the Word Marks and Logos, but not the Trade Dress, on your webpage to show your support for the Project as long as:

* The website has branding that is easily distinguished from the Project Trade Dress;
* You own branding or naming is more prominent than any Project Marks;
* The Logos hyperlink to the Project website;
* The site does not mislead customers into thinking that either your website, service, or product is our website, service, or product; and
* The site clearly states that you are not affiliated with or endorsed by the Project.

====Publications and presentations ====

You can use the Word Marks in book and article titles, and the Logo in illustrations within the document, as long as the use does not suggest that we have published, endorse, or agree with your work.

====Events====

You can use the signage in the <<Brand Standards>> to promote the software and Project at events.

===Uses for which we are granting a license===

====User groups====

You can use the Word Marks as part of your user group name provided that:
* The main focus of the group is the software;
* Any software or services the group provides are without cost;
* The group does not make a profit;
* Any charge to attend meetings are to cover the cost of the venue, food and drink only.

Note that the [[#Universal considerations for all uses|Universal considerations for all uses]], above, still apply, specifically, that you may not use or register the Marks as part of your own trademark, service mark, domain name, company name, trade name, product name or service name.

====Promotional goods====

"Promotional goods" are non-software goods that use the Marks and that are intended to advertise the Project, promote the Project, or show membership in the Project community.

<<Example #1>> You may make promotional goods for free giveaway at open source conferences and events using only the designs found on our <<Brand Standards>> site.

<<Example #2>> You may make promotional goods for free giveaway at open source conferences and events provided that the goods are obtained from <<contractor for promotional goods.>>

===Uses we consider infringing without seeking further permission from us===

We will likely consider using the Marks as part of a domain name or subdomain an infringement of our Marks.

We would likely consider using the Marks on promotional goods for sale an infringement of our Marks.

==General Information<ref>[[Commentary:General Information|Go to the Commentary page for General Information]].</ref>==

===Trademark marking and legends===

The first or most prominent mention of a Mark on a webpage, document, packaging, or documentation should be accompanied by a symbol indicating whether the mark is a registered trademark ("®") or an unregistered trademark ("™"). See our [[#Our Trademarks|Trademark List]] for the correct symbol to use.

Also, if you are using our Marks in a way described in the sections "Uses for which we are granting a license," please put following notice at the foot of the page where you have used the Mark (or, if in a book, on the credits page), on any packaging or labeling, and on advertising or marketing materials: "<<~Mark>> is trademark of <<~MarkOwner>><<", registered in the United States and other countries" if correct>>. Used with permission from the <<~MarkOwner>>."

===What to do when you see abuse===

If you are aware of any confusing use or misuse of the Marks in any way, we would appreciate you bringing this to our attention. Please contact us as described [[#Where to find further information|below]] so that we can investigate it further.

===Where to get further information===

If you have any questions about this Policy, would like to speak with us about the use of our Marks in ways not described in the Policy, or see any abuse of our Marks, please <<insert contact information.>>

==General considerations about trademarks and their use<ref>[[Commentary:General Considerations|Go to the Commentary page for General considerations about trademarks and their use]].</ref>==

===What trademark law is about===

====What is a trademark?====

A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others. A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. "Trade dress" or "get up" refers to the look and feel of the packaging, which in this context can include the layout, colors, images, and design choices in a web page. Throughout this Policy, the terms "trademark" and "mark" refer to both trademarks, service marks and trade dress.

However, the use of a word is "not as a trademark" when it is used functionally as part of the software program, for example, in a file, folder, directory, or path name. Use in this way is not a trademark infringement.

====What is "likelihood of confusion"?====

There is trademark infringement if your use of a trademark has created a "likelihood of confusion." This means using a trademark in a way that will likely confuse or deceive the relevant consuming public about the source of a product or service using the mark in question. For example, if the "Foo" software extension removes all double spaces after periods, but someone else later creates "Foo" software that adds a third space after periods, consumers would be confused between the two and the newcomer will likely be a trademark infringer. As another example, if a company makes "Foobar" software and a third party offers training called "Foobar Certification," a person is likely to believe, wrongly, that the certification is being offered by the makers of Foobar software. The third party has likely misled consumers about the source of its training and is a trademark infringer.

====What is "nominative" use?====

So-called "nominative use" (or "nominative fair use"), which is the name of the doctrine under U.S. trademark law, allows the use of another's trademark where it is necessary for understanding. Other countries' trademark laws also have similar provisions. For example, a car repair shop that specializes in a particular brand of automobile, VW for example, must be allowed to say that they repair VW cars. Here is what you should consider when deciding whether your use of a trademark is a nominative fair use:

*Whether you can identify the product or service in question without using the trademark;
*Whether you are avoiding a likelihood of confusion in the way that you have used the trademark; and
*Whether you have used only as much as is necessary to identify the product or service.

With our "Foobar Certification" example above, the person offering the certification would be allowed to say, under the nominative fair use doctrine, that she is offering "Maude's Certification for Foobar software."

===Proper trademark use===

These rules hold true for all trademarks, not just ours, so you should follow them for our Marks as well as anyone else's.

====Use of trademarks in text====

'''Always distinguish trademarks from surrounding text with at least initial capital letters or in all capital letters. '''
Unacceptable: <<~mark>> 
Acceptable: <<~Mark, ~MARK>> 

'''Always use trademarks in their exact form with the correct spelling, neither abbreviated, hyphenated, or combined with any other word or words. '''
Unacceptable: <<~Mark misspelled or wrong case>> 
Acceptable: <<~Mark>> 

'''Don't pluralize a trademark. '''
Unacceptable: I have seventeen <<~Marks>> running in my lab. 
Acceptable: I have seventeen <<~Mark>> systems running in my lab. 

'''Don't use "a" or "the" to refer to an instance of the trademark. '''
Unacceptable: I put a <<~Mark>> on my mom's computer. 
Acceptable: I put a <<~Mark>> system on my mom's computer. 

'''Always use a trademark as an adjective modifying a noun.''' You can see the nouns we prefer under [[#Our trademarks|"Our trademarks."]] 
Unacceptable: This is a <<~Mark>>. Anyone can install it. 
Acceptable: This is a <<~Mark>> application. Anyone can install it. 

'''Don't use a trademark as a verb. Trademarks are products or services, never actions. '''
Unacceptable: I <<~Markified>> my computer today! 
Acceptable: I installed <<~Mark>> software on my computer today! 

'''Don't use a trademark as a possessive. Instead, the following noun should be used in possessive form or the sentence reworded so there is no possessive. '''
Unacceptable: <<~Mark's>> desktop interface is very clean. 
Acceptable: The <<~Mark>> desktop's interface is very clean. 

'''Don't translate a trademark into another language. '''
Acceptable: Quiero instalar <<~Mark>> en mi sistema. 
Unacceptable: Quiero instalar <<~Mark translated into Spanish>> en mi sistema. 

====Use of Logos====

You may not change any Logo except to scale it. This means you may not add decorative elements, change the colors, change the proportions, distort it, add elements, or combine it with other logos.

However, when the context requires the use of black-and-white graphics and the logo is color, you may reproduce the logo in a manner that produces a black-and-white image.

These guidelines are based on the Model Trademark Guidelines, available at http://www.modeltrademarkguidelines.org., used under a Creative Commons Attribution 3.0 Unported license: https://creativecommons.org/licenses/by/3.0/deed.en_US

==Footnotes==
<references />

==Working Revision==

[[Draft Version 1.1|Here's]] the current working draft.

Model Trademark Guidelines

2014-01-16T23:10:15Z

Pam:

These guidelines are available under a [http://creativecommons.org/licenses/by-sa/3.0/ Creative Commons Attribution-ShareAlike license], which means that you can modify the content as much as you like.

However, one of the goals of the Model Trademark Guidelines is to create some common understanding in the open source community about the appropriate use of other's trademarks. For that reason, we hope that you retain the major concepts embodied in the guidelines and bring any changes that you believe would be beneficial in general back to this site for discussion in the further evolving [[Working_drafts|drafts of the guidelines]]. And please don't forget the attribution in your version: "Derived from Model Trademark Guidelines, available at www.modeltrademarkguidelines.org."

The Guidelines use the convention of enclosing portions in double carets (<< >>) that need to be customized for your individual use. Also, we have used "~Mark" (a tilde before the word "Mark") for those places where you should insert your own trademark and "~MarkOwner" for the name of the owner of the trademarks.

==[[Model Trademark Guidelines|Model Trademark Guidelines 1.0]]==

__TOC__

The Guidelines use the convention of enclosing in double carets (<< >>) the portions that need to be customized by the end user. Also, "~Mark" (a tilde before the word "Mark") is used in the places where the end users of the Guidelines will insert their own trademark and likewise "~MarkOwner" is for the name of the owner of the trademarks and "~ProjectName" is for the name of the project.

These Guidelines are designed to be used in association with brand standards, a separate document provided by the project that describes the proper design form of the logo and that may also offer authorized designs for CD labels, icons, T-shirts, stickers, etc.

== Introduction<ref>[[Commentary:Introduction|Go to the Commentary page for the Introduction]].</ref>==

This document, the "Policy," outlines the <<~ProjectName>> project's (the "Project") policy for the use of our trademarks. While our software is available under a free and open source software license, the copyright license does not include an implied right or license to use our trademark.

The role of trademarks is to provide assurance about the quality of the products or services with which the trademark is associated, but because an open source license allows your unrestricted modification of the copyrighted software, we cannot be sure that your modifications to the software are ones that will not be misleading if distributed under the same name. Instead, this Policy describes the circumstances under which you may use our trademarks.

In this Policy we are not trying to limit the lawful use of our trademarks, but rather describe for you what we consider the parameters of lawful use to be. Trademark law can be ambiguous, so we hope to provide enough clarity for you to understand whether we will consider your use licensed or non-infringing.

The sections that follow describe what trademarks are covered by these Guidelines, as well as uses of the trademarks that are allowed without additional permission from us. If you want to use our trademarks in ways that are not described in this Policy, please see [[#Where to get further information|"Where to get further information"]] below for contact information. Any use that does not comply with this Policy or for which we have not separately provided written permission is not a use that we have approved, so you must decide for yourself whether the use is nevertheless lawful.

==Our commitment to open source principles<ref>[[Commentary:Our commitment|Go to the Commentary page for Our commitment to open source principles]].</ref>==

We want to encourage and facilitate the use of our trademarks by the community, but do so in a way that still ensures that the trademarks are meaningful as a source and quality indicator for our software and the associated goods and services and continue to embody the high reputation of the software and the community associated with it. This Policy therefore tries to strike the proper balance between: 1) our need to ensure that our trademarks remain reliable indicators of the qualities that they are meant to preserve and 2) our community members' desire to be full participants in the Project.

==Trademarks subject to the guidelines<ref>[[Commentary:Description of Marks|Go to the Commentary page for Trademarks subject to the guidelines]].</ref>==

===Our trademarks===

This Policy covers:

1. Our word trademarks and service marks (the "Word Marks"):

<<List below what you consider to be your word marks, including any umbrella name, like "Apache," as well as individual project names>>

{| class="wikitable"
! align="left"| Mark
! Common descriptive name for the goods or services
|-
|<<~Mark 1>>
|<<e.g., software, application, script, plug-in, etc.>>
|-
|<<~Mark 2>>
|<<e.g., software, application, script, plug-in, etc.>>
|-
|<<~Mark 3>>
|<<e.g., software, application, script, plug-in, etc.>>
|}
2. Our logos (the "Logos"):

<<Insert your logos, including standalone logos, like the Hadoop elephant; any logotype of a word, like the color and font weight treatment used for "LibreOffice"; or a combination of a logo and word, like the Debian swirl with the word "Debian">>

3. And the unique visual styling of our website and packaging (the "Trade Dress").

This Policy encompasses all trademarks and service marks, whether Word Marks, Logos or Trade Dress, which are collectively referred to as the “Marks.” Some Marks may not be registered, but registration does not equal ownership of trademarks. This Policy covers our Marks whether they are registered or not.

===The trademarks we are not licensing in this Policy===

The following trademarks are ones that are reserved exclusively to our use and are not covered by the Policy:

<<List marks that you don't want others using without permission>>

Contact us as described in [[#Where to get further information|"Where to get further information"]] below if you have questions or want to ask permission to use any of these excluded trademarks.

==Universal considerations for all uses<ref>[[Commentary:Universal Considerations|Go to the Commentary page for Universal considerations for all uses]].</ref>==

Whenever you use one of the Marks, you must always do so in a way that does not mislead anyone, either directly or by omission, about exactly what they are getting and from whom. The law reflects this requirement in two major ways described in more detail [[#What trademark law is about|below]]: it prohibits creating a [[#What is "likelihood of confusion"?|"likelihood of confusion"]] but allows for [[#What is "nominative" use?|"nominative use."]] For example, you cannot say you are distributing the <<~Mark>> software when you're distributing a modified version of it, because people would be confused because they are not getting the same features and functionality they would get if they downloaded the software directly from us. You also cannot use our logo on your website in a way that suggests that your website is an official website or that we endorse your website. You can, though, say you like the <<~Mark>> software, that you participate in the <<~Mark>> community, that you are providing an unmodified version of the <<~Mark>> software, or that you wrote a book describing how to use the <<~Mark>> software.

This fundamental requirement, that it is always clear to people what they are getting and from whom, is reflected throughout this Policy. It should also serve as your guide if you are not sure about how you are using the Marks.

In addition:

You may not use the Marks in association with the use or distribution of software if you are also not in compliance with the copyright license for the software.

You may not use or register, in whole or in part, the Marks as part of your own trademark, service mark, domain name, company name, trade name, product name or service name.

Trademark law does not allow your use of names or trademarks that are too similar to ours. You therefore may not use an obvious variation of any of our Marks or any phonetic equivalent, foreign language equivalent, takeoff, or abbreviation for a similar or compatible product or service. We would consider the following too similar to one of our Marks:

<<Example for UBUNTU: "Any mark ending with the letters UBUNTU or BUNTU">> 
<<Example for ARCHLINUX: "Any mark beginning with the letters ARCH">> 

You agree that you will not acquire any rights in the Marks and that any goodwill generated by your use of the Marks inures solely to our benefit.

==Use for software<ref>[[Commentary:Use for Software|Go to the Commentary page for Use for software]].</ref>==

See [[#Universal considerations for all uses|Universal considerations for all uses]], above, which also apply.

===Uses we consider non-infringing===

====Distribution of unmodified source code or unmodified executable code we have compiled====

When you redistribute an unmodified copy of our software, you are not changing the quality or nature of it. Therefore, you may retain the Word Marks and the Logos we have placed on the software, to identify your redistribution -- whether that redistribution is made by optical media, memory stick or download of unmodified source and executable code. This kind of use only applied if you are redistributing an official distribution from this Project that has not been changed in any way. You can find files for the Logos and approved designs for packaging on our <<Brand Standards>> page.

====Distribution of executable code that you have compiled, or modified code====

You may use the Word Marks, but not the Logos, to truthfully describe the origin of the software that you are providing, that is, that the code you are distributing is a modification of our software. You may say, for example, that "this software is derived from the source code for <<~Mark>> software."

<<Example #1: This source code is distributed with an "--enable-official-branding" flag. By default, this software will compile without official branding. As long as you do not modify the code or enable this flag before compiling, any use of the <<~Mark>> in the compiled code is noninfringing.>>

Of course, you can place your own trademarks or logos on versions of the software to which you have made substantive modifications, because by modifying the software, you have become the origin of that exact version. In that case, you should not use our Logos. Our source code version therefore does not contain our Logo data files.

====Statements about compatibility, interoperability or derivation====

You may use the Word Marks, but not the Logos, to truthfully describe the relationship between your software and ours. Our Mark should be used after a verb or preposition that describes the relationship between your software and ours. So you may say, for example, "Bob's software for the <<~Mark>> platform" but may not say "Bob's <<~Mark>> software." Some other examples that may work for you are:

[Your software] works with <<~Mark>> software 
[Your software] uses <<~Mark>> software 
[Your software] is compatible with <<~Mark>> software 
[Your software] is powered by <<~Mark>> software 
[Your software] runs on <<~Mark>> software 
[Your software] for use with <<~Mark>> software 
[Your software] for <<~Mark>> software 

====Use of trademarks to show community affiliation====

This section discusses the use of our Marks for software such an application themes, skins and personas. The use of our Marks on websites is discussed below.

You may use the Word Marks and the Logos in themes, personas, or skins for applications to show your support for the Project, provided that the use is non-commercial and the use is clearly decorative, as contrasted with a use that appears to be the branding for a website or application.

===Uses for which we are granting a license===

====Distribution of modified software====

<<Example #1: You may use the Word Marks and the Logos for the distribution of code (source or executable) on the condition that any executable is built from the official Project source code and that any modifications are limited to switching on or off features already included in the software, translations into other languages, and incorporating bug-fix patches.>>

<<Example #2: You may use the Word Marks and the Logos for the distribution of executable code on the condition that it is made from official Project source code using the procedure documented for creating an executable found at <<location of build instructions.>>>>

====Distribution of software preloaded on hardware====

<<Example #1: You may use the Word Marks and the Logos in association with hardware devices on the condition that the executable installed on the device is the official source executable for the Project, and that you do not suggest that the Project is the source of the hardware device itself but rather than the Marks are for the software incorporated into the device.>>

<<Example #2: You may use use the Word Marks and the Logos in association with hardware devices on the condition that the software installed on the device is modified only so far as necessary to operate on the hardware platforms and the essential functions of the software are unchanged, and that you do not suggest that the Project is the source of the hardware device itself but rather than the Marks are for the software incorporated into the device.>>

===Uses we consider infringing without seeking further permission from us===

We will likely consider using the Marks in a software distribution that combines our software with any other software program an infringement of our Marks. In addition to creating a single executable for both software programs, we would consider your software "combined" with ours if installing our software automatically installs yours. We would not consider your software "combined" with ours if it is on the same media but requires separate, independent action to install it.

==Use for non-software goods and services<ref>[[Commentary:Use for Non-Software|Go to the Commentary page for Use for non-software goods and services]].</ref>==

See [[#Universal considerations for all uses|Universal considerations for all uses]], above, which also apply.

===Uses we consider non-infringing===

====Websites====

You may use the Word Marks and Logos, but not the Trade Dress, on your webpage to show your support for the Project as long as:

* The website has branding that is easily distinguished from the Project Trade Dress;
* You own branding or naming is more prominent than any Project Marks;
* The Logos hyperlink to the Project website;
* The site does not mislead customers into thinking that either your website, service, or product is our website, service, or product; and
* The site clearly states that you are not affiliated with or endorsed by the Project.

====Publications and presentations ====

You can use the Word Marks in book and article titles, and the Logo in illustrations within the document, as long as the use does not suggest that we have published, endorse, or agree with your work.

====Events====

You can use the signage in the <<Brand Standards>> to promote the software and Project at events.

===Uses for which we are granting a license===

====User groups====

You can use the Word Marks as part of your user group name provided that:
* The main focus of the group is the software;
* Any software or services the group provides are without cost;
* The group does not make a profit;
* Any charge to attend meetings are to cover the cost of the venue, food and drink only.

Note that the [[#Universal considerations for all uses|Universal considerations for all uses]], above, still apply, specifically, that you may not use or register the Marks as part of your own trademark, service mark, domain name, company name, trade name, product name or service name.

====Promotional goods====

"Promotional goods" are non-software goods that use the Marks and that are intended to advertise the Project, promote the Project, or show membership in the Project community.

<<Example #1>> You may make promotional goods for free giveaway at open source conferences and events using only the designs found on our <<Brand Standards>> site.

<<Example #2>> You may make promotional goods for free giveaway at open source conferences and events provided that the goods are obtained from <<contractor for promotional goods.>>

===Uses we consider infringing without seeking further permission from us===

We will likely consider using the Marks as part of a domain name or subdomain an infringement of our Marks.

We would likely consider using the Marks on promotional goods for sale an infringement of our Marks.

==General Information<ref>[[Commentary:General Information|Go to the Commentary page for General Information]].</ref>==

===Trademark marking and legends===

The first or most prominent mention of a Mark on a webpage, document, packaging, or documentation should be accompanied by a symbol indicating whether the mark is a registered trademark ("®") or an unregistered trademark ("™"). See our [[#Our Trademarks|Trademark List]] for the correct symbol to use.

Also, if you are using our Marks in a way described in the sections "Uses for which we are granting a license," please put following notice at the foot of the page where you have used the Mark (or, if in a book, on the credits page), on any packaging or labeling, and on advertising or marketing materials: "<<~Mark>> is trademark of <<~MarkOwner>><<", registered in the United States and other countries" if correct>>. Used with permission from the <<~MarkOwner>>."

===What to do when you see abuse===

If you are aware of any confusing use or misuse of the Marks in any way, we would appreciate you bringing this to our attention. Please contact us as described [[#Where to find further information|below]] so that we can investigate it further.

===Where to get further information===

If you have any questions about this Policy, would like to speak with us about the use of our Marks in ways not described in the Policy, or see any abuse of our Marks, please <<insert contact information.>>

==General considerations about trademarks and their use<ref>[[Commentary:General Considerations|Go to the Commentary page for General considerations about trademarks and their use]].</ref>==

===What trademark law is about===

====What is a trademark?====

A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others. A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. "Trade dress" or "get up" refers to the look and feel of the packaging, which in this context can include the layout, colors, images, and design choices in a web page. Throughout this Policy, the terms "trademark" and "mark" refer to both trademarks, service marks and trade dress.

However, the use of a word is "not as a trademark" when it is used functionally as part of the software program, for example, in a file, folder, directory, or path name. Use in this way is not a trademark infringement.

====What is "likelihood of confusion"?====

There is trademark infringement if your use of a trademark has created a "likelihood of confusion." This means using a trademark in a way that will likely confuse or deceive the relevant consuming public about the source of a product or service using the mark in question. For example, if the "Foo" software extension removes all double spaces after periods, but someone else later creates "Foo" software that adds a third space after periods, consumers would be confused between the two and the newcomer will likely be a trademark infringer. As another example, if a company makes "Foobar" software and a third party offers training called "Foobar Certification," a person is likely to believe, wrongly, that the certification is being offered by the makers of Foobar software. The third party has likely misled consumers about the source of its training and is a trademark infringer.

====What is "nominative" use?====

So-called "nominative use" (or "nominative fair use"), which is the name of the doctrine under U.S. trademark law, allows the use of another's trademark where it is necessary for understanding. Other countries' trademark laws also have similar provisions. For example, a car repair shop that specializes in a particular brand of automobile, VW for example, must be allowed to say that they repair VW cars. Here is what you should consider when deciding whether your use of a trademark is a nominative fair use:

*Whether you can identify the product or service in question without using the trademark;
*Whether you are avoiding a likelihood of confusion in the way that you have used the trademark; and
*Whether you have used only as much as is necessary to identify the product or service.

With our "Foobar Certification" example above, the person offering the certification would be allowed to say, under the nominative fair use doctrine, that she is offering "Maude's Certification for Foobar software."

===Proper trademark use===

These rules hold true for all trademarks, not just ours, so you should follow them for our Marks as well as anyone else's.

====Use of trademarks in text====

'''Always distinguish trademarks from surrounding text with at least initial capital letters or in all capital letters. '''
Unacceptable: <<~mark>> 
Acceptable: <<~Mark, ~MARK>> 

'''Always use trademarks in their exact form with the correct spelling, neither abbreviated, hyphenated, or combined with any other word or words. '''
Unacceptable: <<~Mark misspelled or wrong case>> 
Acceptable: <<~Mark>> 

'''Don't pluralize a trademark. '''
Unacceptable: I have seventeen <<~Marks>> running in my lab. 
Acceptable: I have seventeen <<~Mark>> systems running in my lab. 

'''Don't use "a" or "the" to refer to an instance of the trademark. '''
Unacceptable: I put a <<~Mark>> on my mom's computer. 
Acceptable: I put a <<~Mark>> system on my mom's computer. 

'''Always use a trademark as an adjective modifying a noun.''' You can see the nouns we prefer under [[#Our trademarks|"Our trademarks."]] 
Unacceptable: This is a <<~Mark>>. Anyone can install it. 
Acceptable: This is a <<~Mark>> application. Anyone can install it. 

'''Don't use a trademark as a verb. Trademarks are products or services, never actions. '''
Unacceptable: I <<~Markified>> my computer today! 
Acceptable: I installed <<~Mark>> software on my computer today! 

'''Don't use a trademark as a possessive. Instead, the following noun should be used in possessive form or the sentence reworded so there is no possessive. '''
Unacceptable: <<~Mark's>> desktop interface is very clean. 
Acceptable: The <<~Mark>> desktop's interface is very clean. 

'''Don't translate a trademark into another language. '''
Acceptable: Quiero instalar <<~Mark>> en mi sistema. 
Unacceptable: Quiero instalar <<~Mark translated into Spanish>> en mi sistema. 

====Use of Logos====

You may not change any Logo except to scale it. This means you may not add decorative elements, change the colors, change the proportions, distort it, add elements, or combine it with other logos.

However, when the context requires the use of black-and-white graphics and the logo is color, you may reproduce the logo in a manner that produces a black-and-white image.

These guidelines are based on the Model Trademark Guidelines, available at http://www.modeltrademarkguidelines.org., used under a Creative Commons Attribution 3.0 Unported license: https://creativecommons.org/licenses/by/3.0/deed.en_US

==Footnotes==
<references />

==Working Revision==

[[Draft Version 1.1|Here's]] the current working draft.

MediaWiki:Sidebar

2014-01-16T19:34:43Z

Pam:

Working drafts

2014-01-16T19:27:54Z

Pam:

If you are making major modifications, please "fork" the page you are editing by creating a new page with the old content and making your proposed changes on your newly-created page. (Sorry, I don't know any way to do it but create a new page then copy and paste from the "edit" page of the page you want to copy.) This way we can have both versions to refer to. Please also add your fork to the list below, with a brief parenthetical describing the reason for the fork.

===Current working draft:===

[[Draft Version 1.1]]

===Previous versions===

[[Draft Version 0.0.1]]

Home: Model Trademark Guidelines

2014-01-16T19:23:34Z

Pam: /* The Guidelines */

== Welcome! ==

Welcome to the Model Trademark Guidelines, written by and for free and open source software communities. This site proposes language one might use for trademark guidelines for FLOSS software projects. It describes various provisions that might be included in trademark guidelines and discusses the legal considerations for the provisions. It is not intended to advocate for any particular set of permissions or restrictions, but rather is designed to provide a range of choices that would be found lawful and enforceable under trademark law, that are consistent with FLOSS culture, and that respect the trademark owner's desire to ensure that the software distributed under the trademark delivers a consistent user experience and meets the brand promise of the name. If you're not yet familiar with the project, please read [[#How the Project Works|How the Project Works]] below.

== The Guidelines ==

===[[Model Trademark Guidelines]]===

This is where you find the current version of the [[Model Trademark Guidelines|Model Trademark Guidelines, Version 1.0]].

===[[Working drafts]]===

This is the area of the website where we are [[Working drafts|working on and discussing]] future changes to the guidelines.

===[[OSS Trademark Policies|Project trademark policies]]===

Here is a partial listing of various [[OSS Trademark Policies]].

== How the Project Works ==

===Site Organization===
There are two main areas, both linked above. The [[Model_Trademark_Guidelines|"Model Trademark Guidelines" page]] is a final, numbered version of the Guidelines. The page is protected so that it cannot be changed.

The working area of the project is the [[Working_drafts|"Working drafts"]] pages. These pages can be modified and are where you can edit existing content, add sections, rearrange content, remove sections, or whatever you suggest.

The "Discussion" pages (the tab at top left on each page) are for conversations between project participants about proposed edits. This will include things like whether topics should be included or not, and structure and organization.

The "Commentary" pages are in their own "Commentary" namespace and are explanatory material relevant to one using the model trademark guidelines, like the Reporter's Notes in a Restatement or advisory committee notes for model laws. They describe things one might consider when adopting the Model Trademark Guidelines and also reflect what choices have been made in the Guidelines and why.

===How to Participate===

Jump in and start editing! The software used for this site is the same software used for [http://www.wikipedia.org/ Wikipedia], so the functionality may already be familiar to you. You can find basic help on the [[Help:Contents|"Help"]] tab on the left column and find more extensive help at the [http://en.wikipedia.org/wiki/Help:Contents Wikipedia help pages].

Please keep all discussion public, either on the discussion pages on this site or on the mailing list [http://modeltrademarkguidelines.org/mailman/listinfo/discussion_modeltrademarkguidelines.org (sign up here]), so that everyone will have full access to all the thought processes, conversations, and iterations of the guidelines.

While you do not need to create a login to use the site, if you do set up a login you can set watches on the pages of interest to you. After you are logged in you can add pages to a "Watchlist": when you are on a page you would like to watch, select "Watch" from the dropdown arrow just to the left of the search box at the top of the page. You will also need to set your user preferences to be notified by email: under your "Preferences" tab, in the "User Options" section check "'E-mail me when a page I'm watching is changed" and thereafter you will receive an email alerting you of any changes to pages you have added to your Watchlist.

There has been some spamlinking on the site, so you may be challenged with a ReCaptcha. Confirming an email address should eliminate ReCaptcha if you are logged in. (if it doesn't work properly, or have suggestions for how to implement it better, please [mailto:pam@modeltrademarkguidelines.org email me]).

We welcome everyone's views and hope to have some strong debates about what FLOSS software communities need and what they can do to protect their legal interests.

Home: Model Trademark Guidelines

2014-01-16T19:20:21Z

Pam: /* Model Trademark Guidelines */

== Welcome! ==

Welcome to the Model Trademark Guidelines, written by and for free and open source software communities. This site proposes language one might use for trademark guidelines for FLOSS software projects. It describes various provisions that might be included in trademark guidelines and discusses the legal considerations for the provisions. It is not intended to advocate for any particular set of permissions or restrictions, but rather is designed to provide a range of choices that would be found lawful and enforceable under trademark law, that are consistent with FLOSS culture, and that respect the trademark owner's desire to ensure that the software distributed under the trademark delivers a consistent user experience and meets the brand promise of the name. If you're not yet familiar with the project, please read [[#How the Project Works|How the Project Works]] below.

== The Guidelines ==

===[[Model Trademark Guidelines]]===

You can find the current version of the Model Guidelines, Version 1.0, by following the above link.

===[[Working drafts]]===

This is the area of the website where we are working on and discussing future changes to the guidelines.

===[[OSS Trademark Policies|Project trademark policies]]===

Here is a partial listing of various [[OSS Trademark Policies]].

== How the Project Works ==

===Site Organization===
There are two main areas, both linked above. The [[Model_Trademark_Guidelines|"Model Trademark Guidelines" page]] is a final, numbered version of the Guidelines. The page is protected so that it cannot be changed.

The working area of the project is the [[Working_drafts|"Working drafts"]] pages. These pages can be modified and are where you can edit existing content, add sections, rearrange content, remove sections, or whatever you suggest.

The "Discussion" pages (the tab at top left on each page) are for conversations between project participants about proposed edits. This will include things like whether topics should be included or not, and structure and organization.

The "Commentary" pages are in their own "Commentary" namespace and are explanatory material relevant to one using the model trademark guidelines, like the Reporter's Notes in a Restatement or advisory committee notes for model laws. They describe things one might consider when adopting the Model Trademark Guidelines and also reflect what choices have been made in the Guidelines and why.

===How to Participate===

Jump in and start editing! The software used for this site is the same software used for [http://www.wikipedia.org/ Wikipedia], so the functionality may already be familiar to you. You can find basic help on the [[Help:Contents|"Help"]] tab on the left column and find more extensive help at the [http://en.wikipedia.org/wiki/Help:Contents Wikipedia help pages].

Please keep all discussion public, either on the discussion pages on this site or on the mailing list [http://modeltrademarkguidelines.org/mailman/listinfo/discussion_modeltrademarkguidelines.org (sign up here]), so that everyone will have full access to all the thought processes, conversations, and iterations of the guidelines.

While you do not need to create a login to use the site, if you do set up a login you can set watches on the pages of interest to you. After you are logged in you can add pages to a "Watchlist": when you are on a page you would like to watch, select "Watch" from the dropdown arrow just to the left of the search box at the top of the page. You will also need to set your user preferences to be notified by email: under your "Preferences" tab, in the "User Options" section check "'E-mail me when a page I'm watching is changed" and thereafter you will receive an email alerting you of any changes to pages you have added to your Watchlist.

There has been some spamlinking on the site, so you may be challenged with a ReCaptcha. Confirming an email address should eliminate ReCaptcha if you are logged in. (if it doesn't work properly, or have suggestions for how to implement it better, please [mailto:pam@modeltrademarkguidelines.org email me]).

We welcome everyone's views and hope to have some strong debates about what FLOSS software communities need and what they can do to protect their legal interests.