Mautic Trademark

By jseevers · Published Fri, 12/22/2017 - 08:07

1. Background information

Open Source Collective holds the Mautic trademark - for example, the word “Mautic” - whether or not in capitals, on behalf of the Mautic project.

You may use the Mautic trademarks (including accompanying official logos, which is itself a use of the Mautic trademark) for your own purposes, but you must first obtain a license. You can either obtain this license automatically or through a license grant procedure, as further explained below in this policy.

This policy therefore first explains whether you receive an automatic license, or whether you need to obtain a license through the license grant procedure. In addition, this policy explains which "rules of use" apply when you use the Mautic trademark - whether you obtained the license automatically, or through the license grant procedure.

2. Purpose

Open Source Collective holds the Mautic trademark on behalf of the Mautic project.

The goal of the Mautic project is to grow the Mautic community by encouraging businesses of all sizes to bring creativity, innovation, and contributions to the project. This policy helps to preserve the Mautic trademark and brand, as well as to provide guidance and resources to those who wish to use the Mautic name, logo, or trademark in any capacity.

Mautic trademarks, service marks, and logos (collectively “Mautic Trademarks”) are particularly valuable because they represent the unrivaled commitment and standards of excellence associated with the Mautic brand. This policy is in response to the questions received from various persons and organizations and aims to cover the most typical situations for the use of the Mautic Trademarks. This policy contains detailed information about how to properly refer to Mautic Trademarks.

3. Limitations of this policy

This policy may not answer every question you may have about the use of Mautic Trademarks. If your specific use scenario isn't addressed in this policy, or you have doubts as to whether or not a specific rule applies, you should use the form at the top of this page to submit an inquiry to the Legal and Finance Team.

4. Mautic trademarks generally

All Mautic Trademarks are the property of Open Source Collective, held on behalf of the Mautic project, and you shouldn't construe anything contained on any website/s and/or within any documents as granting any license or right to use any Mautic Trademark without the prior written permission of the Open Source Collective via the Legal & Finance Team. By using any Mautic Trademark you acknowledge that Open Source Collective is the sole owner of the trademark and you agree that you won't challenge Open Source Collective's use, registration of, or application to register any trademark. The goodwill derived from the use of any Mautic Trademark shall be for the exclusive benefit of the Mautic brand.

5. Example Mautic trademarks

Below are some examples of Mautic Trademarks and their associated designations. Mautic may update this list - don't consider this exhaustive.

Serial No. Reg. Number Mark
87682402 5604742 MAUTIC
86232297 4687319 MAUTIC
Mautic Logo

You can view the specified Mautic Registrations at the following link: http://tmsearch.uspto.gov

6. General rules of trademark use

The following set of rules governs all use of the Mautic Trademarks, with the exception of any nominative fair use - outlined below - and regardless of whether you followed the license grant procedure or obtained an automatic license for such use.

  1. Any use of the Mautic Trademarks constitutes an acceptance of this policy.
  2. You may not use the Mautic Trademarks in a company name, in part, or in whole (for example Mauticorp, Mautibiz).
  3. You may not use the Mautic Trademarks in any domain name or sub-domain name, in part or whole, regardless of domain extension.
  4. You may not use the Mautic Trademarks in any social media title, alias, handle, or name, in part or whole, in any manner that may suggest affiliation with or endorsement by Mautic except where Mautic grants you a license and the Community Team creates the profiles.
  5. You must accompany any use of the Mautic Trademarks by the appropriate attribution, including the use of the proper trademark symbol (“®” or “™”) on all occurrences of Mautic Trademarks.
  6. You can't use the Mautic Trademarks for any illegal, defamatory, vulgar, obscene, or indecent purposes, or any other purposes that may negatively impact the Mautic platform or community.
  7. You can't use the name of your company or organization in combination with the Mautic Trademark to be sure there is no confusion about the true source - company, organization, association, or author - of your product or service. The combination of the name of your product or service with the Mautic trademark must be unique and identifiable.
  8. You aren't allowed to use the Mautic Trademark/s in online advertising, including Google AdSense, AdWords, Facebook, Twitter, LinkedIn, or other advertising platforms.
  9. You must use the Mautic Trademarks in their exact form without any alteration in size, color, ratio, or other dimensions unless otherwise agreed upon in writing by both parties.
  10. You must use the Mautic Trademarks independently and separately from your trade names, service marks, logos, or trademarks, combining marks isn't permitted.
  11. You agree to comply with any Mautic request to correct, change, or cease any use of the Mautic Trademarks as determined by Mautic to be improper under these guidelines. This section applies notwithstanding any license agreement you may have with Mautic.

7. Nominative fair use - permitted use without license

Nominative fair use permits the use of another’s trademark to refer to the trademark owner’s actual goods and services associated with the mark.

You may identify a Mautic product or service in text or indicate a relation of your product or service to Mautic by using an appropriate phrase such as “for”, “for use with”, or “works with” so long as such usage doesn't create the impression of any affiliation with or endorsement by Mautic, and as long as your usage doesn't create the possibility of confusion as to the source of the product.

8. Promotional use

If your business has developed products and/or services that contribute to the installation, configuration, implementation, and use of Mautic, you're encouraged to promote it. You're also encouraged to include links to Mautic.org on such web pages or emails. The Mautic community becomes richer when the community contributes to the project in this way.

You may use the Mautic name and approved logo in content that describes the products and services offered by your business and when it resides on pages that clearly articulate them. To access authorized Mautic community branding resources, click here.

9. Automatic license or license grant procedure?

This section explains the situations when entitlement to an automatic license exists (in which case you can use the Mautic Trademarks without having to complete or receive any document), or situations that require the license grant procedure. Entitlement to an automatic license only exists if you're in any of the situations described under subsection A below, and not simultaneously in any of the situations described under subsection B below.

9.1 Automatic license

You receive an automatic license when:

  1. You exclusively use the Mautic Trademarks to either extend or improve the Mautic platform or to encourage the use of the Mautic platform (in short, “foster the Mautic platform and community”).

“Exclusively” means that any direct profits generated by using the Mautic Trademarks must also be exclusively used to foster the Mautic platform and community.

Examples of “fostering the Mautic platform and community”

  • A course entitled “How to use Mautic in your business” organized by a local non-profit organization
  • A website “mautichalloffame.com” with pictures of Mautic contributors
  • Administering a database with Mautic bugs and corresponding workarounds

Examples of not “exclusively to foster the Mautic platform”

  • A charitable organization selling t-shirts with the Mautic Trademarks to sponsor its fight against global warming
  • A company selling t-shirts with the Mautic Trademarks, while only donating 25% of profits to the Mautic Community.

9.1 License grant

You must always follow the license grant procedure when:

  1. There is a perception due to the use of the Mautic Trademarks which suggests or indicates an affiliation or endorsement of Mautic or the product or service emanating from Mautic. A few non-exhaustive examples:
    • A consulting company can describe its business as “123 Web Services, offering Mautic consulting for small businesses,” but can't call itself “The Mautic Consulting Company” or “The Mautic Experts”;
    • A business that creates Mautic plug-ins can describe itself as “XYZ Plug-ins, the world’s best Mautic plug-ins,” but can't call itself “The Mautic Plug-in Portal”;
    • A hosting company can state that it “hosts, configures and supports Mautic”, but it can't say that it offers a solution called “Mautic-as-a-Service”;
    • A course could be titled ‘Company XYZ’s guide to getting started with Mautic’ but not “Mautic Training.”
  2. Using the Mautic Trademark(s) in combination with the words "conference", "convention" or "association", as well as any translation, abbreviation or variation thereof.
  3. Using the Mautic Trademark(s) as part of another registered trademark.
  4. Using the Mautic Trademark(s) as part of a domain name.
  5. Using the Mautic Trademark(s) as part of a domain name that covers either an entire category of products or services that are relevant to the Mautic community, that covers an entire target group of Mautic users or that's otherwise too generic.
  6. Using the Mautic Trademark(s) in a domain name, title of the website, title of a seminar, title of a course, or title of a software package that's not exclusively intended to foster the Mautic platform and community, and this domain name or title doesn't also mention your trademark (or trade name, name of your company, name of your organization, or name of your association).
  7. Using the Mautic Trademark(s) as part of the name of a company, organization, trade name, association.
  8. Using the Mautic Trademark(s) in altered form or as part of another logo.
  9. Using the Mautic Trademark(s) in connection with any commercial activity that doesn't otherwise exclusively foster the Mautic platform as described in subsection A above.
  10. There is any doubt as to how to interpret or apply this policy to a specific case.

10. License grant procedure

In the license grant procedure, you must complete a form with your contact details and a description of the intended use of the Mautic trademark.

It may take a month or more for the team to evaluate your application, and the team may reject applications may for any reason - you may, however, reapply as often as you like. Furthermore, the Mautic project may request a license fee for any commercial use of the Mautic trademark.

Although the Legal and Finance Team grants licenses at their sole discretion, and they may impose specific conditions or obligations, they take following factors into account during the license grant procedure:

With respect to a Mautic-related product or service, the Legal and Finance team considers whether the product or service:

  • doesn't suggest an official link;
  • promotes or expands Mautic adoption and usage;
  • isn't a fork of Mautic, and doesn't promote or encourage forks of Mautic;
  • licensed in a way that's compatible with the Mautic open-source license;
  • substantially strengthens and empowers the Mautic community;
  • is of a high quality in both form and function;
  • created by significant contributors to the Mautic project;
  • created by those with a track record of liberally "giving back" to their communities;
  • in the case of a domain name, doesn't create an unfair monopoly towards others because it spans a relevant category of services.

With respect to the name of a company, organization, or association it's considered whether:

  • the name doesn't suggest an official link;
  • the founder/s of the company/organization or association are significant contributors to the Mautic project, who have a track record of liberally "giving back" to their communities.

The Legal and Finance Team reviews this policy on a recurring basis and publishes updates and additions, as needs and use cases evolve. We thank you for your support in protecting the Mautic trademark.

Submitting a request

Please use this form to submit a request

Last update: October 13, 2023 Previous updates: August 2020.