| layout | title | permalink |
|---|---|---|
default |
Tomu Trademark Policy |
/trademarks |
Updated: December 17, 2017
You can see a complete list of the Tomu trademarks. As other trademarks are created or registered, this list will be updated. As used in this policy, "trademarks" means not just Tomu's logos, but also the names of its various products and projects, as well as the names Tomu and tomu.im, also called word marks, (collectively "Tomu Marks").
Our trademark policy is taken directly from the Mozilla Foundation's trademark policy.
This document outlines the policy of the Tomu Project ("Tomu," for short) regarding the use of the Tomu Marks. Any use of any Tomu trademark must be in accordance with this policy. Any use that does not comply with our trademark policy or does not have written authorization from us is not authorized. Any goodwill generated by the use of any Tomu Marks inures to the benefit of Tomu.
Tomu's Trademark Policy attempts to balance two competing interests: Tomu's need to ensure that the Tomu Marks remain reliable indicators of quality, source, and security; and Tomu's desire to permit community members, software distributors, and others with whom Tomu works to discuss Tomu's products and to accurately describe their affiliation with us. Striking a proper balance is a tricky situation that many organizations—in particular those whose products are distributed electronically—wrestle with every day and we've attempted to balance it here.
Underlying our trademark policy is the general law of trademarks. Trademarks exist to help consumers identify, and organizations publicize, the source of products. Some organizations make better products than others; over time, consumers begin to associate those organizations (and their trademarks) with quality. When such organizations permit others to place their trademarks on goods of lesser quality, they find that consumer trust evaporates quickly. That's the precise situation that Tomu seeks to avoid. People's trust in our name and products is crucial to us—especially, when it comes to intangible products like software, trust is all consumers have to decide on which product to choose. We also are the caretakers of the trust our community members have placed in us. We created this Trademark Policy to protect both the public's and our community's trust in the Tomu Marks.
In addition, on an all too frequent basis, we receive reports about using the Tomu Marks to promote other products and services, or using modified versions of the Tomu Marks. The problem with these activities is that they may be deceptive, harm users, cause consumer confusion, and jeopardize the identity and meaning of the Tomu Marks. Such cases range from good intentions but improper use of the trademarks (e.g., overenthusiastic fans), to people intentionally trading on the brand for their own benefit and/or to distribute modified versions of the product, to a clear intent to deceive, manipulate and steal from users in a highly organized and syndicated fashion. When we receive reports of such activities, or identify problematic activities, we analyze the reports and treat each case individually based on the intent and severity of the matter.
In creating our trademark policy, we seek to clarify the uses of the Tomu Marks we consider legitimate and the uses we do not. Although Tomu's Trademark Policy is composed of a number of specific rules, some contained in companion documents, most reflect the overarching requirement that your use of the Tomu 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 Tomu should not imply, either directly or by omission, that they are. By non-disparaging, we mean that, outside the bounds of fair use, you can't use the Tomu Marks as vehicles for defaming us or sullying our reputation. These basic requirements can serve as a guide as you work your way through the policy.
Our Trademark Policy begins by outlining some overall guidelines for the use of the Tomu Marks in printed materials. It then addresses a series of more specific topics, including the use of Tomu's trademarks on distributions of Tomu's binaries, linking to Tomu's website(s), and the use of Tomu Marks in domain names. At various points, this policy links to other documents containing additional details about our policies.
We also have a trademark policy FAQ below as a companion to this policy.
We encourage the use of the Tomu Marks in marketing, and other publicity materials related to Tomu or the relevant Tomu product. This includes advertising stating that a person or organization is shipping Tomu products. Of course, any use of a Tomu trademark is subject to the overarching requirement that its use be non-confusing. Thus, you can't say you're raising money for Tomu when you're actually raising it for a localization project, say that you're reviewing or distributing the Tomu hardware when you're actually reviewing or distributing a modified version of Firefox, or use the Tomu logos on the cover of your book or on your product packaging.
Although many uses of the Tomu Marks are governed by more specific rules, which appear below, the following basic guidelines apply to almost any use of the Tomu Marks in printed materials, including marketing, articles and other publicity-related materials, and websites:
- Proper Form - Tomu's trademarks should be used in their exact form -- neither abbreviated nor combined with any other word or words (e.g., "Tomu" rather than "T-O-M-U" or "tooommmmmuuuuu");
- Accompanying Symbol - The first or most prominent mention of a Tomu trademark should be accompanied by a symbol indicating whether the mark is a registered trademark ("®") or an unregistered trademark ("™"). See our Trademark List for the correct symbol to use;
- Notice - The following notice should appear somewhere nearby (at least on the same page or on the credits page) the first use of a Tomu trademark: "[TRADEMARK] is a ["registered", if applicable] trademark of the Tomu Project";
- Distinguishable - In at least the first reference, the trademark should be set apart from surrounding text, either by capitalizing it or by italicizing, bolding or underlining it. In addition, your website may not copy the look and feel of the Tomu website, again, we do not want the visitor to your website to be confused about which company he/she is dealing with.
Comply with Visual Guidelines - any use of the Tomu Marks must comply with our Trademark and Logo Usage Policy and our Visual Identity Guidelines at:
- Visual Guidelines: https://tomu.im/en-US/styleguide/.
- Tomu Logos: https://tomu.im/en-US/styleguide/identity/mozilla/branding/
You may distribute unchanged official binaries (i.e., the installer file available for download for each platform (code + config) and not the program executable) downloaded from tomu.im to anyone in any way, subject to governing law, without receiving any further permission from Tomu. If you want to distribute the unchanged official binaries using the Tomu Marks, you may do so, without receiving any further permission from Tomu, as long as you comply with this Trademark Policy and you distribute them without charge. However, you must not remove or change any part of the official binary, including the Tomu Marks. On your website or in other materials, you may truthfully state that the software you are providing is an unmodified version of a Tomu application, keeping in mind the overall guidelines for the use of Tomu Marks in printed materials, detailed above. We suggest that, if you choose to provide visitors to your website the opportunity to download Tomu product, you do so by means of a link to our site, to help ensure faster, more reliable downloads. (See the section on Linking, below.)
If you choose to distribute Tomu binaries yourself, you should make the latest stable version available (of course, you probably want to do so as well). If you compile Tomu unmodified source code (including code and config files in the installer) and do not charge for it, you do not need additional permission from Tomu to use the relevant Tomu Mark(s) for your compiled version. So that users get the latest code and security releases, we encourage you to always distribute the most current official release. The notification requirements of the Tomu Public License have been met for our binaries, so although it's a good idea to do so, you are not required to ship the source code along with the binaries.
In addition, if you are distributing Tomu binaries yourself, and wish to use the Tomu Mark(s), you may not (a) disable, modify or otherwise interfere with any installation mechanism contained in a Tomu product; (b) use any such installation mechanism to install any plug-ins, themes, extensions, software, or items other than the Tomu product; or (c) use or provide any program, mechanism or process (other than an installation mechanism contained in the Tomu product) to install such product. Any use of a meta-installer would require our prior written permission.
If you are using the Tomu Mark(s) for the unaltered binaries you are distributing, you may not charge for that product. By not charging, we mean the Tomu product must be without cost and its distribution (whether by download or other media) may not be subject to a fee, or tied to subscribing to or purchasing a service, or the collection of personal information. If you want to sell the product, you may do so, but you must call that product by another name—one unrelated to Tomu or any of the Tomu Marks (see the sections on "Modifications" and "Related Software" below). Remember that we do not want the public to be confused.
If you're taking full advantage of the open-source nature of Tomu's products and making significant functional changes, you may not redistribute the fruits of your labor under any Tomu trademark, without Tomu's prior written consent. For example, if the product you've modified is Firefox, you may not use Tomu or Firefox, in whole or in part, in its name. Also, it would be inappropriate for you to say "based on Tomu Firefox". Instead, in the interest of complete accuracy, you could describe your executables as "based on Tomu technology", or "incorporating Tomu source code." In addition, you may want to read the discussion on the "Powered by Tomu" logo.
In addition, if you compile a modified version, as discussed above, with branding enabled (the default in our source code is branding disabled), you will require Tomu's prior written permission. If it's not the unmodified installer package from tomu.im, and you want to use our trademark(s), our review and approval of your modifications is required. You also must change the name of the executable so as to reduce the chance that a user of the modified software will be misled into believing it to be a native Tomu product.
Again, any modification to the Tomu product, including adding to, modifying in any way, or deleting content from the files included with an installer, file location changes, added code, modification of any source files including additions and deletions, etc., will require our permission if you want to use the Tomu Marks. If you have any doubt, just ask us at [email protected].
Tomu products are designed to be extended, and we recognize that community members writing extensions need some way to identify the Tomu product to which their extensions pertain. Our main concern about extensions is that consumers not be confused as to whether they are official (meaning approved by Tomu) or not. To address that concern, we request that extension names not include, in whole or in part, the words "Tomu" or "I'm Tomu", in a way that suggests a connection between Tomu and the extension (e.g., "Frobnicator for Tomu," would be acceptable, but "Tomu Frobnicator" would not).
If you want to include all or part of a Tomu trademark in a domain name, you have to receive written permission from Tomu. People naturally associate domain names with organizations whose names sound similar. Almost any use of a Tomu trademark in a domain name is likely to confuse consumers, thus running afoul of the overarching requirement that any use of a Tomu trademark be non-confusing. If you would like to build a Tomu, Firefox Internet browser, or Thunderbird e-mail client promotional site for your region, we encourage you to join an existing official localization project.
To receive written permission, please download and follow the directions as outlined in the Domain Name License.
If you offer services related to Tomu software or hardware, you may use Tomu's word marks in describing and advertising your services relating to a Tomu product, so long as you don't violate these overall guidelines for the use of Tomu's trademarks or do anything that might mislead customers into thinking that either your website, service, or product is a Tomu website, service, or product, or that Tomu has any direct relationship with your organization. For example, it's OK if your website says, "Hardware customization services for Tomu available here." It's not OK, though, if it says, "Tomu customization services sold here," or "custom Tomus available here," since the first suggests that Tomu is related to your business, and the second is confusing as to whom -- you or Tomu -- performed the customization. In addition, your website may not copy the look and feel of any Tomu website. Again, we do not want the visitor to your website to be confused with whom she/he is dealing. When in doubt, err on the side of providing more, rather than less, explanation and information.
If you are offering services for Tomu software (for example, support), you may not tie the download of the Tomu product with the purchase of your service. The download of the Tomu product using the Tomu trademark may not be connected in any way to the purchase of your service. The purchase, download, or acquisition of your services must be a completely separate transaction from the download of the Tomu product. You must provide a prominent statement that (i) the Tomu product is available for free and link directly to our site; (ii) the purchase, download, or acquisition of your service is separate from the download of the Tomu product; and (iii) your service is not affiliated with Tomu.
When it comes to the Tomu Marks, there are some cool things you can do and some cool things you can't do - at least not without asking Tomu.
You may make t-shirts, desktop wallpaper, or baseball caps with Tomu Marks on them, though only for yourself and your friends (meaning people from whom you don't receive anything of value in return). You can't put the Tomu Mark(s) on anything that you produce commercially (whether or not you make a profit) -- at least not without receiving Tomu's written permission.
There is one additional broad category of things you can't do with Tomu's Marks.
Produce modified versions of them. A modified mark also would raise the possibility of consumer confusion, thus violating Tomu's trademark rights (remember the overarching requirement that any use of a Tomu Mark be non-confusing?).
To summarize, provided that the use adheres to our trademark policy and visual guidelines, here are some of the things that you can do with the Tomu Marks that do not require our permission:
- use the Tomu Marks in marketing, and other publicity materials related to Tomu or the relevant Tomu product;
- distribute unchanged Tomu product(s) (code + config) for each platform downloaded from tomu.im as long as you distribute them without charge;
- describe your executables as "based on Tomu technology", or "incorporating Tomu source code;"
- link to Tomu's website(s) by using the banners and buttons we provide to allow your visitors to download Tomu software;
- use Tomu's word marks in describing and advertising your services or products relating to a Tomu product, so long as you don't do anything that might mislead customers. For example, it's OK if your website says, "Customization services for Tomu available here;" and
- make t-shirts, desktop wallpaper, or baseball caps though only for yourself and your friends (meaning people from whom you don't receive anything of value in return).
We have a central place for everyone to report any misuse of the Tomu Marks. All you have to do is fill out the relevant information on the web form. The more information you supply when you file the report, the easier it is for us to evaluate and respond appropriately. Having the support and help of our community makes our work easier and more worthwhile.
We have tried to make our trademark policy as comprehensive as possible. If you're considering a use of a Tomu trademark that's not covered by the policy, and you're unsure whether that use would run afoul of Tomu's guidelines, feel free to contact us at [email protected] and ask. Please keep in mind that Tomu receives lots and lots of similar questions, so please review all available documentation, including the Frequently Asked Questions (FAQ) before contacting us.
This document sets out to answer, beyond what's in the trademark policy, common questions which arise about the use of the Tomu Trademarks and Logos. Our code is free, but we do strictly enforce our trademark rights, we must, in order to keep them valid. This means that, while you have considerable freedom to redistribute and modify our software, there are tight restrictions on your ability to use the Tomu name and logos, even when built into binaries that we provide. When in doubt, please review our style guide.
We have a list.
The files themselves are available under the Creative Commons CC-BY-SA 4.0 license.
Can I distribute any of the Tomu software or hardware from my website, by CD, or to my friends, employees or students?
If you are redistributing unchanged software or hardware, to anyone in any way and for any purpose, no further permissions are required from us. We request that you distribute the latest version (and of course, we believe that it's in your best interest to do so as well). The notification requirements of the license have been met for our binaries, so although it's a good idea, you are not required to ship source code.
If you want to distribute one of our products and this answer does not apply to you, please say so explicitly in your trademark use request, because otherwise you'll just get pointed at this FAQ entry :-)
Can I download one copy and install it on lots of machines in my company/school/university/pizzeria?
Sure. Our products are Free software, both as in speech and as in beer, and there are no fees or notification requirements. If you plan to reconfigure it and then sell the machines, we do have a policy about that.
Thanks for your support :-) Of course you may.
Approval is not required for the following fair uses of the Tomu marks:
- screenshots of our software or our web site in magazine articles or reviews of our software
- the inclusion of Tomu browser windows in screenshots of other web sites for non-commercial uses such as web site reviews
- on-screen displays of Tomu products in television programs or movies.
You may also use screenshots of Tomu products in commercial books and publications, both where the products are the focus and where they are not (e.g. screenshots of web pages or emails).
In general, no, sorry. If you have a very good reason, e.g. you are a print publication wanting to feature Firefox on the cover, contact the Visual Identity Team.
Sure, if it's just for you, or if it's for others and no money or other consideration changes hands (although see the question about high-res versions).
Please don't. The logos are trademarked, and so if the result is confusingly similar to the original, or used in a confusing manner, it's a violation of trademark law.
No. Many free software licenses explicitly exclude rights to trademarks, and so trademark restrictions on otherwise free software is accepted by the community. We are using our trademarks as a mark of quality to protect consumers - we think this is very much within the principles of free software.