From abca64d8227c3d62ef64caaecdddeb4efcb96f9d Mon Sep 17 00:00:00 2001 From: Kyle Spearrin Date: Fri, 26 Mar 2021 14:02:08 -0400 Subject: [PATCH] Create TRADEMARK_GUIDELINES.md --- TRADEMARK_GUIDELINES.md | 199 ++++++++++++++++++++++++++++++++++++++++ 1 file changed, 199 insertions(+) create mode 100644 TRADEMARK_GUIDELINES.md diff --git a/TRADEMARK_GUIDELINES.md b/TRADEMARK_GUIDELINES.md new file mode 100644 index 000000000..14fa1f326 --- /dev/null +++ b/TRADEMARK_GUIDELINES.md @@ -0,0 +1,199 @@ +# TRADEMARK GUIDELINES + +This document outlines the policy for allowable uses of trademarks owned by Bitwarden, Inc. +(“Bitwarden") by other parties. + +Bitwarden owns all Bitwarden-related trademarks, service marks, and logos and the names of +all Bitwarden® projects are trademarks of Bitwarden. + +The role of trademarks is to provide assurance about the source and quality of the products or +services with which the trademark is associated. We want to allow members of the Bitwarden +community to discuss our products and services and to accurately describe their affiliation with +Bitwarden. Bitwarden has established this Policy to encourage others to make accurate, +non-confusing use of the Bitwarden trademarks, while also ensuring that those trademarks +maintain their distinctiveness and strength as reliable indicators of the source and quality of +Bitwarden products and services. Although some Bitwarden projects may be available under +free and open licenses, those licenses cover copyright only and do not include any express or +implied right to use our trademarks. Bitwarden does not allow third parties to use its +trademarks without a written agreement or express permission. Thus, Bitwarden projects that +are available under open source licenses may be copied, modified, distributed or sold by third +parties in accordance with the terms of the applicable open source license, but they cannot be +branded or marketed with Bitwarden trademarks in the absence of a trademark license. + +While open-source licenses allow modification of copyrighted software and distribution in +original or modified form, such distribution could be misleading if distributed under the same +name as the source project. This could cause confusion among consumers of the software as to +source. The consumers may mistakenly believe they are receiving software that is produced or +supported by Bitwarden. This Policy describes the circumstances under which you may use our +trademarks, regardless of the type of license you may have from Bitwarden. 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. + +## Our Trademarks + +This Policy covers the following non-exhaustive list of our trademarks: + +1. Our trademarks and service marks (the "Marks"): + +- Bitwarden® +- ![Logo](https://i.imgur.com/FIv4bYq.png) + +2. The unique visual styling of our website and elements used in or otherwise related to + the products and services we offer (the "Trade Dress"). See our Style Guide for further + information. + +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 is not necessarily required for ownership of trademarks. This Policy covers our +Marks whether they are registered or not. + +## Universal Considerations for All Uses + +The following guidelines show proper (and improper) use of Marks. Any use of the Marks must +be licensed and comply with these guidelines. 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. For example, you cannot say you are distributing +the Bitwarden® software when you're distributing a modified version of it, because people +would be confused when they are not getting the same features and functionality they would +get if they downloaded the software directly from us. You also cannot distribute Bitwarden® +software using the Marks if you do not have a license from us, because that would imply that +your distribution comes from or is supported by Bitwarden. You cannot use our Marks on your +website in a way that suggests that your website is an official website or that we endorse your +website, unless permitted in a written agreement with us. You can, though, say you like the +Bitwarden® software, say that you participate in the Bitwarden® community, or refer to +Bitwarden® products and services if these statements are true. + +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. + +## Standards for Use + +All uses of Bitwarden Marks must conform to the following principles: + +1. You may use the Marks only to identify and distinguish Bitwarden products and services. + Our Marks may not be applied to products or services provided by anyone else. + +2. If you are self-hosting the Bitwarden software or using the Bitwarden software + on-premise, in each case under a subscription or license agreement with Bitwarden, you + may use the Bitwarden Marks to describe or reference the password management + platform or use the Bitwarden login page shown below for your users or organization: + + ![Login page](https://i.imgur.com/J0o51cO.png) + +3. 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, + service name or social media handle/account. + +4. 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. This includes combinations or integrations of all or + portions of the Marks in a way that the public may think of the use as a new mark (e.g. + SuperBitwarden, or Bitwarden2.0). + +5. You may not use the Marks in a way that disparages or harms Bitwarden or our products + or services. You also may not use our Marks in connection with harmful or + objectionable materials of any sort. + +6. We reserve the right to object to any use of our Marks that we view as non-compliant + with these Trademark Guidelines or applicable law. By using our brand materials, you + agree to take all necessary steps to resolve any objections we have. You also + acknowledge that Bitwarden is the sole owner of Bitwarden Marks and goodwill derived + from their use accrues only to Bitwarden. + +7. Provided that you have obtained a license from Bitwarden, you can use the word mark in + books and articles as long as the use does not suggest that we have published, endorse, + or agree with your work. + +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. + +## Proper Use of the Marks + +Always use the Word Marks in a manner distinguished from surrounding text, with initial capital +letters, and in the exact form with the correct spelling (neither abbreviated, hyphenated, or +combined with any other word or words). + +**Correct** + +- Bitwarden® + +**Incorrect** + +- BITWARDEN +- BitWarden +- Bitward + +**Use Marks as Proper Adjectives Followed by a Generic Term.** Trademarks should be used as +adjectives followed by a generic modifier, and not as nouns or verbs. For example: + +**Correct** + +- The Bitwarden® platform is widely used in many industries. +- I was able to quickly gain control over my organization's sensitive data with Bitwarden® + password management software. +- I use the Bitwarden® application to manage my passwords. + +**Incorrect** + +- Bitwarden® is widely used. + +**Do Not Use Marks in the Possessive Form.** Because trademarks are not nouns, they should not +be used in the possessive form. For example: + +**Correct** + +- The Bitwarden® platform safely stores and protects passwords. + +**Incorrect** + +- Bitwarden's platform safely stores and protects passwords. + +**Do Not Use Marks to Suggest Endorsement by Bitwarden.** + +**Correct** + +- Our platform was developed using Bitwarden® open source software + +**Incorrect** + +- "Open Bitwarden" +- XYZ ENTERPRISE 3.4.9 (FREE AND OPEN UNRESTRICTED BITWARDEN ENTERPRISE FORK) + +## Use of Logos + +You may not use our logos unless you have obtained written permission. If you have obtained a +separate license to use our logos, you may not change any logo except to scale it proportionally. +This means you may not add decorative elements, change the colors, change the proportions, +distort it, add elements, or combine it with other logos. The logo may only be used displaying +the exact colors shown in our Style Guide. + +## Mark Attribution and Notices + +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 ("™"). Also, if you are using our Marks for uses +for which we are granting a separate license, please put the 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: "Bitwarden is a trademark or registered +trademark of Bitwarden, Inc. in the United States and/or other countries." + +## Possible Infringement + +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 at so that we can +investigate it further. + +## Updates + +Bitwarden reserves the right to modify or update this Policy at any time. You should review this +Policy from time to time so that you will be aware of any modifications or updates as they will +apply as soon as they are posted on this page. + +## Further Information + +Bitwarden has tried to make this Trademark Policy as comprehensive and understandable as +possible. If you have any questions about this Policy, please contact us.