Trademark and Logo Usage Policy for Website
We at bluemoonbell.com love it when people talk about our products, build businesses around those products and produce more products and services that make life better for the end users. We do, however, have trademarks, which we are obliged to protect.
This document outlines the policy of Blue Moon Bell LLC (“Company”) regarding the use of its trademarks. Any use of any Company trademark must be in accordance with this policy.
Company owns a number of trademarks and these include:
• Blue Moon Bell LLC (registration forthcoming);
• Hello Bat! (registration forthcoming in both word and logo form);
•Hello Succulents (registration forthcoming in both word and logo form);
• Hello Orchid (registration forthcoming in both word and logo form);
• Hello Bonsai (registration forthcoming in both word and logo form);
• Goodbye Carpenter Bee (registration forthcoming in both word and logo form);
Although some of these trademarks are not registered, the registration does not equal ownership of these trademarks. This policy encompasses all marks, in word and logo form, collectively referred to as “Trademarks.”
All trademarks, even those that apply to open source software, must be used according to certain legal requirements. If these requirements are not met, the trademark may be endangered or lost. One of these requirements is for the trademark owner (in this case, Company) to maintain standards for using its trademarks, and to enforce acceptable use of the trademarks by taking action against parties that violate those standards.
Trademark law is mainly a way to protect the public, rather than the trademark holder. This means that uses of trademarks that confuse consumers—which in our case would include our product and user community, or anyone else who might be likely to use Company’s products—are not permitted under law. As the owner of the trademark, we must be sure the mark is used properly, so the community is not confused. That is what we mean when we say that an unpoliced trademark may be endangered or lost. When the trademark no longer represents a certain level of quality to the community, or no longer indicates that we are the source of the products that bear the trademark, the trademark loses its value.
Underlying Company’s trademark policy is a set of guidelines for what is—and is not—acceptable use of Trademarks. This policy describes the uses generally approved by Company for its Trademarks. However, if you violate this policy, or otherwise take actions that may compromise the goodwill or Trademarks, or expose Company to liability, Company may require you to cease all use of any Trademark, regardless of the uses allowed in this policy.
2. General Goals
In general, we want the Trademarks to be used with minimal restriction to refer to the Company’s products.
We do not want these trademarks to be used:
•to refer to any other products or services not directly supplied and supported by Company; or
•in a way that is misleading or may imply association of unrelated products or services, or other resources with the Company’s products.
Uses That Never Require Approval
Trademarks are subject to “nominative use rules” that allow use of the Trademark to name the trademarked entity in a way that is minimal and does not imply a sponsorship relationship with the trademark holder.
For instance, stating accurately that a product is available, that it is intended for its stated purpose, or what it contains, is always allowed. In those cases, you may use the word "Allowed” to indicate this, without our prior approval. This is true both for non-commercial and commercial uses. This clause overrides other clauses of this policy. However, if you have any doubts about your intended use of the trademarks, please contact Company.
Uses That Always Require Approval
Any commercial use of the Trademarks in product or company names, Website URLs or domain names must be approved first by Company. Some uses, like calling a company “The Hello Bat! Company,” or a product “Hello Bat!” or “Blue Moon Bell Shopping Cart” will be refused. This is because they are overly broad, or confusing as to whether your product or organization is affiliated with or sponsored by Company.
Any use of a derived (modified) logo for any commercial purpose must also be approved first by Company. We will generally be unable to do this, because of the confusion it may cause.
How to Use the Trademarks
Although many uses of Trademarks are governed by more specific rules, which appear in the examples below, the following basic guidelines apply to almost any use of Trademarks.
The name and logos should be used in the form provided by Company, and should be accompanied by a symbol “(tm)” or a small (tm) (for unregistered trademarks) or by a symbol “®” or a small ® (for registered trademarks). This may not be removed or obscured and must always be included with the logo. This requirement is waived in all contexts where such marks are not normally included: e-mail, online discussion, nongraphical advertisements (when permitted), and academic papers. We encourage the use of the symbol whenever possible, but recognize that many non-commercial and informal uses will omit it.
Try to give the Trademark distinctive graphic treatment wherever possible. The trademark should be set apart from surrounding text by using ALLCAPS, italics,emphasized or underlined fonts.
If the Trademarks are used in certain contexts, the similar statement should accompany its use, as follows: “Hello Bat!products and the Hello Bat!logos are trademarks of Blue Moon Bell LLC used by permission only.”
For Websites and documentation this can be on a “legal statements” page. For brochures and published articles, this statement is optional. Otherwise it is not required. We encourage use of this statement, but recognize that many non-commercial and informal uses will omit it.
We have specific rules for the following uses:
•use of the Trademark in text, or as text in third-party logos and trademarks;
•use of one of the unaltered logo form of the Trademarks; and
•use of a logo derived from the Trademark.
(1) Use of the Trademarks in Company and URL names: Allowed only by prior written permission of Company;
(2) Use of the Trademarks in the names of user groups and conferences that are free to join or attend: Allowed if for non-profit organizations, conservation groups, and bat enthusiasts. Other uses require permission from Company.
(3) Use of the Trademarks in the name of books or publications: Allowed.
(4) Use of the Trademarks on Websites, brochures, documentation, and product packaging: Allowed. Please follow the rules above about the use of the TM and R symbols.
(5) Use of the Trademarks in advertisements: Allowed in most cases by the nominative use rules described in the section “Uses That Never Require Approval” above.Other uses in ads only with prior permission of the Company.
(6) Use of the Trademarks in e-mail and informally: Allowed without the TM or R symbol.
(7) Use of the Trademarks in academic papers, theses, and books: Allowed without the TM or R symbol. Books should include the symbol.
(8) Use of the Trademarks in another trademark: Not allowed without prior written permission from Company, except as described above.
(9) Use of unaltered logos of the Trademarks on tee shirts, mugs, etc.: Again, non-commercial uses to promote trademarked entities are allowed. Commercial uses (which includes any use where you sell these items for money) require permission from Company. Please reproduce our logos with the right colors and fonts; if you need help, contact the Company.
(10) Use of unaltered logos of the Trademarks on Websites, brochures, and product packaging: Non-commercial uses to promote the trademarked entities are allowed, as are all nominative uses as described in the section “Uses That Never Require Approval.” Any other commercial uses (this is where you sell any product that uses any of the Trademarks) require prior written permission from Company.
Derived logos must always be sufficient different from the Trademarks to allow the community to tell the difference. For example, if you want to create a derived logo for a local bat conservation group, you might be able to insert an unaltered Hello Bat!logo graphic into the local group’s name in a way that does not cause confusion. But confusingly similar derived logos are not allowed. This includes entwining Trademarks with other logos, or connecting them together in a confusing manner. Logos that simply change the colors or fonts are not allowed.
(A) Use of freely distributable derived logos as icons for files and executables: Allowed if used to refer to the appropriate Company software products. Commercial users should obtain permission before using derived logos as icons for proprietary file formats.
(B) Use of derived logos for user groups and conferences: Allowed if used to refer to the appropriate Company software products. Commercial user groups and for-profit conferences require permission from Company.
(C) Useof derived logos for distributed third-party modules or tools: Use of derived logos for commercial modules (this means if you sell the modules) and tools requires permission from Company.
We recommend contacting Company for permission for all derived logos to avoid placing a confusing logo into widespread use. Contacting us is not a requirement for the specific non-commercial uses listed above, or when using freely distributable derived logos that have already been approved by Company. However, obtaining permission from Company is required in all other uses of a derived logo.
Company partners and Website members do not receive any preferential treatment under this policy. However, if you think you may have used the Trademarks in the past in ways that would violate this policy, we recommend seeking permission. Although we are not generally in the business of suing for past infringement of our trademarks, Company does reserve the right to deny trademark use that violates this policy. Past use in violation of this policy does not confer a right to continue that use.
4. Helping Out
As a member of the Company community, please keep an eye out for questionable uses of the Trademarks. You can report potential misuse to the Company, using the "Contact" form on this website. We will evaluate each case and take appropriate action.
For questions and comments please e-mail us.