| United States Worldwide |
|
Sun Trademark and Logo Usage Requirements PrefaceThese Sun Trademark and Logo Usage Requirements ("Usage Requirements") set forth Sun's rules for using or referring to Sun's brands, trademarks, product and service names, logos and slogans. They apply to all Sun organizations worldwide and to Sun resellers, developers, customers, advertising agencies, consultants, professional writers and editors, licensees and other third parties making reference to Sun trademarks. Sun reserves the right to modify these Usage Requirements as it deems necessary or appropriate, including by written agreement or license with third parties. Table of Contents
I. Rules of Proper Trademark use
B. No Possessives, Plurals, Verbs or Puns C. Company Name Use D. Proper Trademark Attribution: Symbols and Legends E. Use of Sun Logos F. Use of Sun Trade Dress by Third Parties Prohibited. G. Promptly Report Suspected Infringements.
B. Do Not Adopt Any Marks or Names that are Confusingly Similar to a Sun Trademark. C. Proper Descriptions of Non-Sun Products and Services
2. Relationship to Sun. 3. Compatibility or Conformance to Published Specification. 4. Prominence 5. Proper Use of Symbols and Legends. 6. Do Not Attempt to Claim Rights in Sun Trademarks. I. Rules of Proper Trademark Use.A. Use Sun Trademarks as Adjectives, Never as Nouns. Please follow every Sun trademark with an appropriate noun consisting of the Sun product or service that is branded with the mark. Sun trademarks are adjectives and may not be used as nouns, or alone as a shorthand way of identifying a product or service. The Sun trademark should be used as an adjective describing a product or service of Sun Microsystems. The only exception to this Usage Requirement I.A. is when the "Sun" 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. Sun 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. C. Company Name Use. The "Sun" name is not only a trademark used to identify our products and services, it also serves as our company name. When using the "Sun" name as a reference to the company, "Sun" may be used as a noun and no TM symbol is needed. For example, the sentence "Sun announced a new line of workstation 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 Sun trademark! For information on how to properly use a Sun trademark in association with a non-Sun product or service, please see Section II of these Usage Requirements. 1. Trademark Symbols: Assuming you are permitted to use a Sun trademark, please make sure to attribute the mark with the proper symbol. Always use the ® symbol with the Sun logo. For all other Sun 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 Sun 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 Sun's logos. 2. Trademark Legends: The trademark legend is the legal text that identifies Sun's 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 Sun that indicates otherwise, use the standard Sun legend in any material referencing more than one Sun trademark. Parties other than Sun may instead use the abbreviated Sun legend. Please note that third party licensees will often be legally obligated by license to use a Sun trademark legend that also indicates that the Sun trademarks are used under license.
STANDARD SUN LEGEND (for use by Sun or third parties):
ABBREVIATED SUN LEGEND (for use by third parties only): Note to Sun employees: For further information on when it is appropriate to use an abbreviated legend, please visit this internal website: http://prntool.eng/ E. Use of Sun Logos. 1. General Rule: Do Not Assume You are Permitted to Use Sun Logos. Except as specifically provided by license or other agreement with Sun, third parties may not use any Sun logo for any purpose. Even when accurately describing a relationship with Sun or support of Sun's technology, third parties should not use a Sun logo in the absence of an agreement. This includes all Java logos, the Sun Microsystems corporate logo, and other product and program logos. 2. Sun Logos You Can Use. Sun does have several logo programs granting third parties permission to use a Sun logo. For instance, Sun maintains logo programs to indicate technological compatibility, conformance to specific requirements, membership in programs, alliances with Sun, etc. Third parties may not use these logos without a specific agreement to do so. To find out more about Sun's logo programs, please visit http://logos.sun.com. 3. No Re-Logoing, Co-Logoing, or Logo Removal. Resellers of Sun products may never alter or modify the Sun corporate logo or Sun trademarks that are affixed to or appear on the Sun products they resell. Similarly, re-logoing (replacing a Sun trademark with the reseller's logo or mark) and co-logoing (adding the reseller's logo or mark to the Sun product) are not permitted in the absence of a written agreement with Sun. F. Use of Sun Trade Dress by Third Parties Prohibited. Third parties generally are prohibited from using Sun trade dress for their own products, including any of the distinctive ornamental features of Sun products and packaging. Any such use must be approved by Sun Legal. G. Promptly Report Suspected Infringements. Please report any infringement of Sun trademarks or trade dress to trademarks@sun.com. Please provide as much detail as possible regarding the identity of the possible infringer and well as the suspected infringing use. Privacy Notice» II. Use of Sun Trademarks with Non-Sun Goods or ServicesOnly certain, approved uses of Sun trademarks may be made by Sun 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 Sun trademark or logo in association with a third party product or service. A. No Use of Sun Marks in Non-Sun Company, Product, or Service Names. Unless a third party enters into a written agreement with Sun, third parties generally may not use any Sun trademark (including the Sun marks, the Java marks, and the Solaris marks), as all or part of their company or product names. B. Do Not Adopt Any Marks or Names that are Confusingly Similar to a Sun Trademark. Unauthorized use of Sun trademarks or of marks that are confusingly similar to Sun trademarks may constitute an infringement of Sun's trademark rights. C. Proper Descriptions of Non-Sun Products and Services While a third party is not permitted to incorporate a Sun trademark into the name of its product or service, it can truthfully and fairly describe its products by referencing their relationship to Sun's products and services. For example, to indicate that a third-party product is intended for use with Sun technology, a third party may use a descriptive phrase (sometimes called a "tagline") that truthfully states this fact. A descriptive phrase using a Sun trademark must meet the following additional requirements: 1. Accuracy. The descriptive phrase must be accurate and not misleading. 2. Relationship to Sun. Sun trademarks may not be used in a manner that will cause potential confusion about the relationship between Sun and the third party product or service, for example, implying sponsorship or endorsement by Sun that does not in fact exist. 3. Compatibility or Conformance to Published Specification. Sun trademarks may not be used in a manner that improperly or inaccurately implies compatibility or conformance to any Sun specification or platform. However, if a third party product fully conforms to Sun's published specifications for one of our technologies (for example, Java technology), 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 Java platform" to indicate that the product is for use with Sun systems, the third party's own product and company names must be displayed much more prominently than any Sun 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 in Usage Requirement I.D. 6. Do Not Attempt to Claim Rights in Sun Trademarks. Third parties may not state or suggest that they have, or are claiming rights, in any Sun trademark. D. Special Guidelines for Descriptive Use of Sun 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 Sun 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, Sun hopes and expects that the community of developers, businesses, and other innovators will seek out and share information about Sun technologies. Sun's trademarks will often be a natural part of these discussions. To facilitate this discussion, Sun has set forth these guidelines for the use of Sun's trademarks in the titles of:
- Books, Magazines, e-zines, and other publications; 2. Application. These guidelines apply only to word marks, they do not apply to logos. 3. Make the Source Clear. When third parties use Sun 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 Sun is the source of a third party publication, educational seminar, user group, trade show, conference, or expo. a. Sun Trademarks Must Refer to Sun Products or Services. When used in the title of a seminar, for example, the use of a Sun trademark must be to describe the Sun product or service, not the seminar. b. Third Party Name Must be More Prominent Than Sun 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 Sun 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 Sun trademark: "[Insert the Sun trademark, e.g. 'Java and all Java-based marks'] are trademarks or registered trademarks of Sun Microsystems, Inc. in the United States and other countries. [Insert publisher, producer or provider name] is independent of Sun Microsystems, Inc." 4. Spacing and Formatting. The following spacing and formatting rules apply to the use of a Sun trademark in the title of a publication, educational seminar, user group, trade show, conference, or expo. a. Publications and User Groups. A space must separate the Sun mark from the rest of the title. b. Trade Shows, Seminars, Conferences, and Expos. Unless Sun is sponsoring your show or conference and you have entered into a written sponsorship agreement with Sun that provides to the contrary, the name of any trade show, seminar, conference or exposition concerning a Sun product, service or technology should begin with the producer's or sponsor's brand or name. 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 Sun's logos. b. Do not do anything that might be understood to suggest association with or sponsorship by Sun. (See Usage Requirement II). c. Do not attempt to claim or establish trademark rights in the title. Since the above descriptive uses of Sun trademarks are intended merely as a reference to Sun's products and technologies (and not as a trademark use or form of branding your own products and services with Sun's marks), you may not attempt to claim or establish trademark rights in the Sun 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 Sun Trademarks on Web Sites and Domain Names. Third parties are permitted to use Sun 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 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 Sun trademark, since this is likely to cause customer confusion or imply that the web site is affiliated with or sponsored by Sun. b. The web site owner should not use a Sun trademark in his or her company name, product names, or service names. Thus, if the domain contains a Sun 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 service mark 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 Sun trademark] is a trademark or registered trademark of Sun Microsystems, Inc. in the United States and other countries. [Insert website owner name] is independent of Sun Microsystems, Inc." e. The web site must otherwise comply with domain name registry policies and current laws regarding trademark infringement and dilution. III. How to reach Sun's Marketing & Brands Legal Department
Marketing & Brands Legal Department
Fax: (408) 276-4602 (C) Copyright 2001-2002 Sun Microsystems, Inc. All rights reserved | ||||||
| | ||||||
Print-friendly Version