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Rules
of Proper Trademark Use.
A. Use Gumstix Trademarks as Adjectives, Never as Nouns.
Please follow every gumstix trademark with an appropriate noun consisting of
the gumstix product or service that is branded with the mark. gumstix trademarks
are adjectives and may not be used as nouns, or alone as a shorthand way of
identifying
a product or service. gumstix trademark should be used as an adjective describing
a product or service of Gumstix Inc.
Example A:
Wrong: I bought 50 new connex.
Right: I bought 50 new gumstix connex motherboards.
Right: I bought 50 new gumstix connex.
The only exception to this Usage Requirement I.A. is when the "gumstix" name
is used as our company name as opposed to an identifier of one of our products
or services (see Usage Requirement I.C. below).
B. No Possessives, Plurals, Verbs or Puns.
Gumstix works hard to build customer goodwill, and it uses its trademarks to
harness that goodwill. Please use the marks as they are designed and intended.
Since a trademark is not a noun, it must never be used in possessive or plural
forms, and should never be used as a verb or a pun.
Example B:
WRONG (possessives)
"Designers admire the connex’s features"
RIGHT
"
Designers admire the features of gumstix connex motherboards"
WRONG (plurals)
"We bought fifty new basixs"
RIGHT
"We bought fifty new basix motherboards"
C. Company Name Use.
"Gumstix" name is not only a trademark used to identify our products
and services, it also serves as our company name. When using the "Gumstix" name
as a reference to the company, "Gumstix" may be used as a noun and
no TM symbol is needed. For example, the sentence "Gumstix announced a
new line of products" would be an appropriate use.
D. Proper Trademark Attribution: Symbols and Legends
.
Trademark ownership is attributed in two ways, with the use of a trademark symbol(™ or ®)
after the trademark, and with a trademark legend, usually found at the end of
a document in legible text following the copyright notice. Remember, mere inclusion
of a trademark symbol and legend does not entitle you to use a gumstix trademark!
For information on how to properly use a gumstix trademark in association with
a non-gumstix product or service, please see Section II of these Usage Requirements.
1. Trademark Symbols:
Assuming you are permitted to use a gumstix trademark, please make sure to attribute
the mark with the proper symbol. Always use the ® symbol with the gumstix
logo. For all other gumstix trademarks, do not use the ® symbol, but instead
use the symbol for products, or the symbol for services. The symbol should be
placed immediately after the trademark, either in superscript or in parenthetical
form,
such as , TM, , , tm, , , SM, , , sm, , etc. Trademark symbols should be used
on gumstix trademarks as follows:
a. On products, product labels, and packaging, use an appropriate symbol in
each prominent use of the trademark.
b. In every other context, use an appropriate symbol in both the first prominent
use of the trademark (in headlines, banners, etc.) and in the first use in the
text of body copy.
c. Always use the appropriate symbol incorporated into any of gumstix' logos.
2. Trademark Legends:
The trademark legend is the legal text that identifies gumstix' trademarks.The
legend should be printed in legible type and in a location typically used for
copyright and other legal notices. For example, the legend may be printed at
the end of a document, on the back of a package, on the front cover of documentation,
or on the bottom of a web page.
Unless you have an agreement with Gumstix that indicates otherwise, use the
standard gumstix legend in any material referencing more than one gumstix trademark.
Parties other than gumstix may instead use the abbreviated gumstix legend. Please
note that third party licensees will often be legally obligated by license to
use a gumstix trademark legend that also indicates that the gumstix trademarks
are used under license.
STANDARD GUMSTIX LEGEND (for use by gumstix or third parties):
"
gumstix, Gumstix Incorporated, the Gumstix Logo [insert all other gumstix trademarks,
logos, product names, service names, program names, and slogans that are referred
to or displayed in the document] are trademarks or registered trademarks of
Gumstix Inc.
in the United States and other countries."
Example:
The following is an example of a complete trademark legend in which the hypothetical
document references gumstix and robostix trademarks, as well as the gumstix
logo:
gumstix, robostix, and the gumstix Logo, are trademarks or registered trademarks
of gumstix, Inc. in the United States and other countries.
ABBREVIATED GUMSTIX LEGEND (for use by third parties only):
"
[Insert all gumstix trademarks that are referred to or displayed in the document
]are trademarks or registered trademarks of gumstix , Inc. in the U.S. or other
countries."
E. Use of gumstix Logos.
1. General Rule: Do Not Assume You are Permitted to Use gumstix Logos.
Except as specifically provided by license or other agreement with gumstix,
third parties may not use any gumstix logo for any purpose. Even when accurately
describing a relationship with gumstix or support of gumstix' technology, third
parties should not use a gumstix logo in the absence of an agreement. This includes
all product logos, the gumstix corporate logo, and program logos.
2. No Re-Logoing, Co-Logoing, or Logo Removal.
Resellers of gumstix products may never alter or modify the gumstix corporate
logo or gumstix trademarks that are affixed to or appear on the gumstix products
they resell. Similarly, re-logoing (replacing a gumstix trademark with the reseller's
logo or mark) and co-logoing (adding the reseller's logo or mark to the gumstix
product) are not permitted in the absence of a written agreement with gumstix.
II. Use of gumstix Trademarks with Non-gumstix Goods or Services
Only certain, approved uses of gumstix trademarks may be made by gumstix business
allies, licensees, and other third parties. In addition to the other provisions
set forth
in these Usage Requirements, the following rules apply to any use of a gumstix
trademark or logo in association with a third party product or service.
A. No Use of gumstix Marks in Non-gumstix Company, Product, or Service Names.
Unless a third party enters into a written agreement with gumstix, third parties
generally may not use any gumstix trademark as all or part of their company
or product
names.
B. Do Not Adopt Any Marks or Names that are Confusingly Similar to a Gumstix
Trademark.
Unauthorized use of gumstix trademarks or of marks that are confusingly similar
to gumstix trademarks may constitute an infringement of gumstix' trademark
rights.
C. Proper Descriptions of Non-gumstix Products and Services
While a third party is not permitted to incorporate a gumstix trademark into
the name of its product or service, it can truthfully and fairly describe its
products by referencing their relationship to gumstix' products and services.
For example,
to indicate that a third-party product is intended for use with gumstix technology,
a third party may use a descriptive phrase (sometimes called a "tag line")
that truthfully states this fact.
Example D:
WRONG
Acme's gumstix Widget
RIGHT
Acme's Widget
for gumstix motherboard
WRONG
gumstix Widget
RIGHT
Acme's Widget
for gumstix connex.
A descriptive phrase using a gumstix trademark must meet the following additional
requirements:
1. Accuracy. The descriptive phrase must be accurate and not misleading.
2. Relationship to gumstix. gumstix trademarks may not be used in a manner that
will cause potential confusion about the relationship between gumstix and the
third party product or service, for example, implying sponsorship or endorsement
by gumstix that does not in fact exist.
3. Compatibility or Conformance to Published Specification. gumstix trademarks
may not be used in a manner that improperly or inaccurately implies compatibility
or conformance to any Gumstix specification or motherboard. However, if a third
party product fully conforms to gumstix' published specifications for one of
our technologies,
the third party may use an appropriate descriptive phrase to reference or identify
that fact.
4. Prominence. When using a descriptive phrase such as "for the gumstix
connex motherboard" to indicate that the product is for use with gumstix motherboards,
the third party's own product and company names must be displayed much more
prominently than
any gumstix trademark referenced so that the source of the third party product
is clear.
5. Proper Use of Symbols and Legends. Descriptive phrases should properly attribute
the trademark with an appropriate symbol and legend as described above.
6. Do Not Attempt to Claim Rights in gumstix Trademarks. Third parties may not
state or suggest that they have, or are claiming rights, in any gumstix trademark.
D. Special Guidelines for Descriptive Use of gumstix Trademarks in the Titles
of Books, Magazines, Articles, e-zines, Educational Seminars, User Groups, Trade
Shows, Conferences, and Expos.
Ordinarily, our Usage Requirements do not permit third parties to use gumstix
trademarks in the name of a third party product or service. However, third parties
may do so in the limited descriptive fashion described below.
1. Purpose. As a technological innovator, Gumstix hopes and expects that the
community of developers, businesses, and other innovators will seek out and
share information
about gumstix technologies. gumstix' trademarks will often be a natural part
of these discussions. To facilitate this discussion, gumstix has set forth these
guidelines for the use of gumstix' trademarks in the titles of:
- Books, Magazines, e-zines, and other publications;
- Educational seminars;
- User groups;
- Trade Shows, Conferences, and Expos;
2. Application. These guidelines apply only to word marks, they do not apply
to logos.
3. Make the Source Clear. When third parties use gumstix trademarks, they must
do so in a manner that does not create potential confusion over the source of
any products or services. Customers must not be given the impression that Gumstix
is the source of a third party publication, educational seminar, user group,
trade show, conference, or expo.
a. gumstix Trademarks Must Refer to gumstix Products or Services. When used
in the title of a seminar, for example, the use of a gumstix trademark must
be to describe the Gumstix product or service, not the seminar.
Example E:
WRONG
Acme's Gumstix Technology Expo
RIGHT
Acme's Expo on gumstix Technology
The example above is incorrect because it because it incorrectly implies that
Gumstix technology is the product of Acme, not of Gumstix.
WRONG
Gumstix Expo
RIGHT
Acme's Expo on gumstix Technology
The above example is incorrect because gumstix is being used as an adjective
to modify the Expo, which is a product of Acme, not of Gumstix. Only gumstix
products and services can be modified by gumstix trademarks. The Right example
corrects this by making it clear that, while the Expo is Acme's, the technology
is not.
b. Third Party Name Must be More Prominent Than gumstix Trademark.
The company name and logo of the third party should appear in a prominent location
on all materials relating to the publication, educational seminar, trade show,
conference or expo.
c. Use of Legend.
If a gumstix trademark is used in the title of a publication, educational seminar,
user group, trade show, conference, or expo, a trademark attribution legend
should be
used in the following form in the legal notices and publication block (if a
magazine) and on all related materials referencing the gumstix trademark:
"[Insert the gumstix trademark,] are trademarks or registered trademarks
of Gumstix, Inc. in the United States and other countries. [Insert publisher,
producer or provider name] is independent of Gumstix Inc."
4. Spacing and Formatting.
The following spacing and formatting rules apply to the use of a gumstix trademark
in the title of a publication, educational seminar, user group, trade show,
conference,or
expo.
Publications and User Groups. A space must separate the gumstix mark from the
rest of the title.
Example:
Gumstix Technology Review
Gumstix Technology User Group
Trade Shows, Seminars, Conferences, and Expos. Unless Gumstix is sponsoring
your show or conference and you have entered into a written sponsorship agreement
with Gumstix that provides to the contrary, the name of any trade show, seminar,
conference or exposition concerning a gumstix product, service or technology
should begin
with the producer's or sponsor's brand or name.
Example:
"
[COMPANY NAME or BRAND] [NAME OF SHOW/SEMINAR/CONFERENCE/EXPO] "for [gumstix
trademark product or technology]"
For example, the following uses are acceptable:
Own Brand Expo for gumstix Technology
MyBrand Conference for Developers using gumstix motherboards
5. Follow All of the Ordinary Trademark Rules.
Except as outlined in this Usage Requirement II.D., these Usage Requirements
apply to all third-party publications, educational seminars, trade shows, conferences
or expos.
6. Some Important Pitfalls to Avoid:
a. Do not use any of gumstix' logos.
b. Do not do anything that might be understood to suggest association with or
sponsorship by Gumstix. (See Usage Requirement II).
c. Do not attempt to claim or establish trademark rights in the title. Since
the above descriptive uses of gumstix trademarks are intended merely as a reference
to gumstix' products and technologies (and not as a trademark use or form of
branding your own products and services with gumstix' marks), you may not attempt
to claim or establish trademark rights in the gumstix trademark portions of
the name
or title of your publication, seminar, user group, conference, trade show,or
exposition. Do not register or use the entire name or title as a trademark,
service mark, trade name or DBA (doing business as) name.
E. Permitted Descriptive Use of the gumstix Trademarks on Web Sites and Domain
Names.
Third parties are permitted to use gumstix trademarks on web sites or in domain
names as long as:
1. The content of the website meets all of these Usage Requirements;
2. The use of the domain name is not misleading or likely to cause confusion;
and
Example:
WRONG
www.OwnerName-gumstix.com
RIGHT
www.OwnerName-shopping.com/ gumstix
In the above example, the implication is that Gumstix products are a product
of OwnerName. The usage in the RIGHT example makes it clear that OwnerName
is merely
an outlet in which you can access information about Gumstix products.
WRONG
www.OwnerName-gumstix.com
www.OwnerName-gumstixinc.com
www.OwnerNamegumstix.com
RIGHT
www.OwnerName.com/gumstix
www.OwnerName.com/gumstix inc
In the "wrong" examples above, the Gumstix corporate name is incorporated
into OwnerName's domain name in a manner that may incorrectly imply a connection
between the two companies. In the corrected examples, the Gumstix corporate
name is
merely a subfolder of OwnerName's own domain name.
3. The use meets the following additional standards:
a. The principal or secondary level domain name of the third party should
not be identical or virtually identical to any gumstix trademark, since this
is likely to cause customer confusion or imply that the web site is affiliated
with or sponsored by Gumstix.
b. The web site owner should not use a gumstix trademark in his or her company
name, product names, or service names. Thus, if the domain contains a gumstix
trademark, that domain should not also be a company or product name.
c. The web site owner should not register the domain name as a trademark
or servicemark and should not claim any trademark or similar proprietary
rights in the domain name.
d. The web site should display a legal notice (a link is okay) that contains
the following legend:
" [Insert gumstix trademark] is a trademark or registered trademark of Gumstix,
Inc. in the United States and other countries. [Insert website owner name]
is independent of Gumstix , Inc."
e. The web site must otherwise comply with domain name registry policies
and current laws regarding trademark infringement and dilution.
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