Zarafa BV of the Netherlands is the owner of various trademarks: the word mark “ZARAFA” (Benelux registered trademark 850921, European Union registered trademark 4977047 and United States registered trademark 3793282) a visual logo (Benelux registered trademark 788588) and the word mark “Z-PUSH” (United States registered trademark 4196338). Under certain laws we also may have unregistered common law rights to these marks. We use these marks to promote and market the software we have created, alone or in collaboration with others. Regarding that software which we make available under the GNU Affero GPL version 3, we provide the following trademark license.
As we wish to encourage adoption of this software by the free software community, we have drafted this trademark policy to ensure trademark law does not block legitimate use of the software or the marks we apply to the software. We have based our policy on the policy of The Document Foundation.
Our goal is to encourage widespread use of our marks by the community while controlling that use in order to avoid confusion on the part of software users and the general public, to maintain the value of the image and reputation of the marks and to protect them from inappropriate or unauthorized use.
Any potential interpretation of this policy that contradicts this goal should be regarded as a bug. Please let us know so we can fix this policy. The same applies if a scenario exists in which the intended use of our marks is not covered. We welcome your feedback.
Our policy must balance two competing interests: we need to ensure that our marks remain reliable indicators of quality, source, and security; and we desire to permit all community members, software distributors, and others with whom we work to discuss our products and to accurately describe their affiliation with us. In creating our mark policy, we seek to clarify the uses of Zarafa marks we consider legitimate and the uses we do not.
Our general requirements are that your use of our marks be non-confusing and non-disparaging.
By non-confusing, we mean that people should always know whom they are dealing with, and where the software they are downloading comes from. Websites and software that are not created or produced by us should not imply, either directly or by omission, that they are. For example, such an implication may arise if a website or software bears no names or marks other than ours, or uses our marks as the vastly most prominent name.
By non-disparaging, we mean that, outside the bounds of fair use and similar exceptions in copyright, trademark and related laws, you can’t use our marks as vehicles for defaming us or sullying our reputation.
Specific permitted and non-permitted uses
You may use our marks without prior written permission (subject to the following terms) for the following purposes:
- To refer to the Zarafa software in substantially unmodified form. “Substantially unmodified” means built from the source code provided by Zarafa, possibly with minor modifications including but not limited to: the enabling or disabling of certain features by default, translations into other languages, changes required for compatibility with a particular operating system distribution, the inclusion of bug-fix patches, or the bundling of additional fonts, templates, artwork and extensions).
- To identify Zarafa as a distinct component of a software offering.
- To factually refer to Zarafa itself, its products or its services.
- To identify any Zarafa software as a dependency or necessary component of other software,
- When referring to Zarafa software that is not substantially unmodified, to say that such software is a “derivative of” or “based on” any Zarafa software.
- More generally, to comply with any requirement of the GNU Affero GPL version 3.
- As part of the name of a product or service designed to work with Zarafa, e.g. as in “Bob’s add-ons for Zarafa” or “Bob’s forum for Zarafa users”, so long as the name as a whole (via its other components) clearly and unambiguously distinguishes the product from Zarafa, and the general presentation of the product does not imply any official association or identity with Zarafa.
You may not use the marks in the following ways:
- In any way likely to cause confusion as to the identity of Zarafa, the origin of its software, or the software’s license;
- In any way that indicates a greater degree of association between you and Zarafa than actually exists;
- In any way that implies a designated successor to our software (e.g., “Zarafa++” or “Zarafa 2020” are not permitted).
- In any way that indicates that Zarafa favors one distribution, platform, product, etc. over another.
Additional requirements for marketing
We encourage the use of our marks in marketing, and other publicity materials related to us or our software. Of course, any use of our mark is subject to the overarching requirement that its use be non-confusing.
We have three specific requirements:
- Proper Form: Our marks should be used in their exact form, neither abbreviated nor combined with any other word or words. For the logo you can download copies in various formats on our website.
- Symbol: If reasonably possible, the first or most prominent mention of a registered Zarafa mark should be accompanied by a symbol indicating that the mark is a registered trademark (“®”).
- Distinguishable: In at least the first reference, the mark should be set apart from surrounding text, either by capitalizing it or by italicizing, bolding or underlining it. In addition, a website may not copy the look and feel of our websites. We do not want the visitor to your websites to be confused about which entity he/she is dealing with.
The second and third requirements are waived in all contexts where such marks are not normally included: email, on-line discussion, non-graphical advertisements (when permitted), and academic papers. We encourage the use of the symbol whenever possible, but recognize that many non-commercial and informal uses will omit it.
Additional requirements for merchandise using our marks
You may create and sell merchandise using Zarafa marks without additional permission provided that you use only unmodified graphics from the logo page on our website. Please contact us if you would like to sell any other merchandise containing Zarafa marks.
Additional requirements for services related to our software
If you offer services primarily related to our software (such as support), you may use our marks in describing and advertising your services relating to one of our products, so long as you don’t violate the guidelines for the use of our marks or do anything that might mislead customers into thinking that either your website, service, or product is a Zarafa website, service, or product, or that Zarafa has any direct relationship with your organization.
We reserve the right to:
- Determine compliance with this policy.
- Modify this policy in ways consistent with its mission of protecting the public, the community and the users, but always within the goal mentioned above.
- Grant exceptions to this policy, of any kind and for any reason whatsoever, other clauses notwithstanding.
If you have questions about using our marks, or if you think you should be able to use our marks for any purpose not allowed by this policy and would like permission for that use, or for more information concerning our label program, please contact us by emailing [email protected] (non-public).
This document is released under the the Creative Commons Attribution-ShareAlike 3.0 Unported License. It is based on work by The Document Foundation at https://wiki.documentfoundation.org/TradeMark_Policy.