- What is a trademark?
- What is nominative use?
- What is the "confusing similarity" or "likelihood of confusion" test?
- Using SenX trademarks in software product branding
- Using SenX trademarks in published books and articles
- Use of graphic logos
- Using SenX trademarks on merchandise
- The following uses of SenX trademarks are probably infringing:
- Using SenX trademarks in domain names
- Using SenX trademarks in relation to conferences and events
This document outlines the policy for allowable uses of SenX trademarks by other parties.
SenX, the company behind Warp 10™, owns a set of trademarks, service marks and graphic logos.
The following information helps ensure our marks and logos are used in approved ways by other parties, ensuring that we can legally protect our interest while encouraging their use in approved ways by third parties.
You may contact us with any questions about this policy at email@example.com.
To ensure that our marks will not lead to confusion about our software or services, we must control their use in association with software and related services by other organizations.
Our trademarks must not be used to disparage SenX or any of its projects, nor be used in any way to imply ownership, endorsement, or sponsorship of any kind.
Key trademark principles
This section is not intended to summarize the complex law of trademarks. It will be useful, however, to understand some key principles. More information is on our trademark resources listing.
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. Throughout this document, the terms "trademark" and "mark" refer to both trademarks and service marks.
SenX's trademarks are either words (e.g., "Warp 10" and "WarpScript") or graphic logos.
We will ensure that our trademarks are marked with a ™ or ® symbol or shown with trademark notices where appropriate so that everyone will recognize them as trademarks. We also provide a list of SenX trademarks.
What is nominative use?
Anyone can use SenX trademarks if that use of the trademark is nominative. The "nominative use" (or "nominative fair use") defense to trademark infringement is a legal doctrine that authorizes everyone (even commercial companies) to use another person's trademark as long as three requirements are met:
The product or service in question must be one not readily identifiable without use of the trademark; (for example, it is not easy to identify a WarpScript™ extension without using the trademark "WarpScript")
Only so much of the mark or marks may be used as is reasonably necessary to identify the product or service; and
The organization using the mark must do nothing that would, in conjunction with the mark, suggest sponsorship or endorsement by the trademark holder.
The trademark nominative fair use defense is intended to encourage people to refer to trademarked goods and services by using the trademark itself. This trademark defense has nothing to do with copyright fair use and should not be confused with those rules.
What is the "confusing similarity" or "likelihood of confusion" test?
Some uses of another person's trademark are nominative fair use, but some uses are simply infringing. Indeed, if a trademark is used in such a way that the relevant consuming public will likely be confused or mistaken about the source of a product or service sold or provided using the mark in question, then likelihood of confusion exists and the mark has been infringed.
Note that, even if there is no likelihood of confusion, you may still be liable for using another company's trademark if you are blurring or tarnishing their mark under dilution laws.
To avoid infringing SenX's marks, you should verify that your use of our marks is nominative and that you are not likely to confuse software consumers that your software is the same as SenX's software or is endorsed by SenX. This policy is already summarized in section 6 of the Apache License, and so it is a condition for your use of software provided by SenX and covered by the Apache License:
This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.
Using SenX trademarks
Using SenX trademarks in software product branding
In general you may not use SenX trademarks in any software product branding. However in very specific situations you may use the Powered By, Compatible With, or Built For naming forms for software products.
Using SenX trademarks in published books and articles
You may write about SenX software, and use our trademarks in book or article titles. You need not ask us for permission to refer to Foo (project name), as in "Foo for Dummies", or "Explaining Foo", or "Foo Simplified", or "O'Reilly Guide to Foo", or even "Avoiding Foo".
We request that you clearly identify that the used trademarks are trademarks of SenX wherever you normally acknowledge important trademarks in your book or article.
Use of graphic logos
Graphic logos are created as symbols with which the SenX software can be identified. Examples of logos are the Warp 10™ ensō or the WarpScript™ black and white box.
You don't need permission from SenX to use the published graphics logo on your own website solely as a hyperlink to the specific project website or to SenX's website. All other uses of the graphic logos must be approved in writing by SenX.
Note that the graphic logos are covered by the copyright and trademark laws and not licensed in a way which permits you to create derivative works of those logos.
Using SenX trademarks on merchandise
You must obtain prior written approval from SenX to apply their trademarks or graphic logos to any merchandise that is intended to be associated in people's minds with the named software.
Permission to apply SenX trademarks (including graphic logos) may be granted for merchandise that promotes SenX's software.
Permission to apply SenX trademarks will ordinarily be denied for merchandise that disparages SenX or its software or projects or that would serve to detract from the value of SenX software and its brands.
The following uses of SenX trademarks are probably infringing:
Confusingly similar software product names.
Software service offerings that are for anything other than official SenX-distributed software.
Company names that may be associated in customer's minds with SenX or its trademarked project software.
Using SenX trademarks in domain names
You may not use SenX trademarks such as "Warp 10™" or "WarpScript™" in your own domain names if that use would be likely to confuse a relevant consumer about the source of software or services provided through your website, without prior written approval from SenX. You should apply the "likelihood of confusion" test described above, and please realize that the use of SenX trademarks in your domain names is generally not "nominative fair use."
For more details and to request approvals, please see our Domain Name Branding Policy. In particular, using SenX product names as second level domain names (example.com) is not allowed.
Using SenX trademarks in relation to conferences and events
Any conflicting use of SenX trademarks (including trademarks related to our projects or products) in relation to conferences or events must be approved in writing.
List of SenX trademarks
The following are trademarks of SenX:
SenX Warp 10 WarpScript WarpFleet Geo Time Series IoTics
Additionally the following logos are also trademarks: