Maemo Trademark
Maemo Trademark Policy
This document outlines the policy of
the Maemo products and services (“Maemo”, for short) regarding
the use of its trademarks. Any use of any Maemo trademark must be in
accordance with this policy. As used in this document, “trademarks”
means not just Maemo logos, but also the names of its different
writing variations, as well as the name maemo.org and names of
maemo.org services.
Maemo Community e.V. contributes and operates Maemo products and services. With Maemo, Maemo Community e.V. aims to encourage others to adopt, use and contribute technologies for handheld products, software platforms and applications. Trademarks are used as a guarantee to users and customers of products and services. They differentiate goods and services and identify their origin. Maemo trademark policy attempts to balance between two competing interests: need of Maemo to ensure that its trademarks remain reliable indicators of quality and security and need of maemo to ensure that Maemo community members, software companies and distributors and other parties Maemo works with are able to discuss Maemo and accurately describe their relationship with Maemo. This aim is continued with Maemo Community e.V.
Maemo Community e.V. strives that there will be no other sites, portals, software products or services, software development kits or platforms available under the trademark Maemo. Uncontrolled use of a trademark or conversion of a trademark to a generic term may cause a danger of dilution to a mark. Therefore it is in the interest of Maemo and open source software development to set down these rules for proper use of Maemo trademark.
As supplemental and companion documents for this official “Maemo trademark policy” also “Maemo trademark FAQ”, “Maemo trademark usage guidelines” documents and official Maemo logo files for printing and web usage are available on this web site.
General
Maemo is a trademark of Maemo Community e.V. No license, assign or any other transfer of rights has been granted unless expressly stated otherwise in this Policy. Any commercial use of Maemo trademark is subject to prior written permission from Maemo Community e.V. This applies to all different writing variations of Maemo name (maemo, Maemo, MAEMO in different font etc) and other Maemo trademarks.
A trademark distinguishes products and services of a company or community from products and services of other companies and communities. Distinguishing regards to packaging and identifying products and services. Copyright licenses are described in the relevant section of maemo.org terms and conditions of use. However, a license to copyright does not include a license to use the trademark Maemo for any product developed under such a license or to any service provided related to licensed software.
Trademark provides its proprietor (company owning a trademark) an exclusive right to use the mark in the course of trade or otherwise commercially exploit the mark. The right is extended to all marks that are identical or similar, i.e. that can be confused with the mark, compared to the protected mark. In addition trademark provides its proprietor a right to prevent all third parties not having consent or license to use from using the mark in the course of trade. The essence of trademark protection regards, inter alia, to affixing the mark to goods or to their packaging, offering goods or services on the market under the mark or using the mark in advertising of goods of services.
Those taking advantage of the open-source nature of maemo products and services and making significant functional changes to Maemo components may not distribute the result of their work under Maemo trademark. For example, it would be inappropriate for them to say their product or service is “based on Maemo”. Instead, they should describe their work as “based on Maemo technology”, or “incorporating Maemo source code”.
Acceptable use of Maemo trademarks
Maemo Community e.V. allows developers or their assigns to make a reference to Maemo products and services and mention that their own software products and/or services are Maemo compatible. This permission is subject to the following restrictions and the permission is granted only to the trademark Maemo. This permission shall not include right to use any other trademark or intellectual property of Maemo Community e.V. or third parties.
Use of Maemo trademark is at risk of user of the trademark. Maemo Community e.V. does not make any express or implied warranties, including but not limited to the warranties of non-infringement of any third party intellectual property rights. Maemo Community e.V. does not warrant that the pending trademark applications for the trademark Maemo will result in any granted trademark protection. Maemo Community e.V. shall not be liable for any claims relating to user’s activities falling within the scope of the permission and user hereby agrees to indemnify, defend and hold Maemo Community e.V. harmless against any such claims.
The trademark Maemo may be referred, discussed, used in publications or in connection with presentations provided that the use is referential only, does not contain use of Maemo as a trademark and complies with the following restrictions. Private and personal use of Maemo trademark is allowed subject to terms regarding maintaining reputation and value of the trademark. For example, you are allowed to make t-shirts, wallpapers, caps with Maemo name or Maemo logo on them only for yourself and your friends (meaning people from whom you don’t receive anything of value in return). You cannot put Maemo name or logo on anything that you produce commercially without receiving explicit consent from Maemo Community e.V.
In addition, it is allowed to use Maemo logo as a link to web pages at the address of www.maemo.org. The link and all other usage of Maemo logo shall be done using the official versions of the Maemo logos from www.maemo.org/intro/trademarks/logos.
Restrictions to use of Maemo trademarks
All uses of Maemo trademark on Internet in a user interface should be linked from the trademark to www.maemo.org.
A trademark should always be used as describing products and services or origin of those. The trademark shall not be used as verb or noun or in any form of grammatical inflexion. Those wanting to distribute any kind of extension to Maemo platform like applications, themes, drivers, codecs or plug-ins to be installed with a separate installation process from Maemo itself proper reference to Maemo trademark are, for example, the following statements: “This software is compatible with Maemo platform”, “This solution is developed for Maemo” or “This product can be used in connection with Maemo platform”.
The trademark Maemo shall not be altered or amended in any ways. The trademark Maemo shall not be combined or associated with any other mark, company or source of origin and the trademark shall be used in conjunction with Maemo products, services, platform or web site of Maemo Community e.V.
The trademark Maemo may not be used in a manner or with respect to products that will or are likely to take unfair advantage or will be or are detrimental to reputation or value of the trademark or Maemo Community e.V.
Miscellaneous
Terms and conditions related to this trademark policy and the permission provided therein are left to sole discretion of Maemo Community e.V., which reserves the right to revoke the permission at any time at its sole discretion. Maemo Community e.V. may change the policy and terms of the permission and such modifications shall be effective immediately upon posting of the modified policy or permission to www.maemo.org site.
This
work is inspired by the Mozilla Foundation Trademark Policy and the GNOME Trademark Licensing. It is licensed under a
Creative Commons Attribution-Share Alike 3.0 License.