Updated Trademark Policy and new TrademarkRegister Table for review.

policies/TrademarkPolicy.md

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+# Trademark Policy
+
+#### Last modified 2022-11-22
+
+
+
+# Purpose
+
+OpenSSL is committed to promoting the use of its open source software. While
+open source software is generally free to download and modify, the use of
+open source software does not include the right to OpenSSL Trademarks.
+
+The Trademark Policy (The Policy) aims to protect and ensure consistent usage
+of the OpenSSL trademarks and to clarify how the OpenSSL trademarks may be
+used.
+
+As a part of this process, the OpenSSL trademark is a registered United States
+trademark of the OpenSSL Software Foundation.
+For registration outside the United States, we have filed a [Madrid Protocol](http://en.wikipedia.org/wiki/Madrid_system)
+application to extend the protection in the European Union, China and Japan.
+
+
+The Policy aims to:
+
+1.  to encourage appropriate, authorised use of the OpenSSL trademarks;
+2.  to clarify proper usage of OpenSSL trademarks by third parties;
+3.  to prevent misuse of OpenSSL trademarks that can confuse or mislead
+    users with respect to OpenSSL or its affiliates.
+
+Please note that it is not the goal of The Policy to limit commercial
+activity around OpenSSL. We encourage businesses to work on OpenSSL
+while being compliant with The Policy.
+
+
+# Scope
+
+The Policy encompasses all marks, in word and logo form including but not
+limited to, OpenSSL name and derivatives thereof, software names, project
+names, logos and styles collectively referred to as "OSSL Trademarks".
+
+The Policy applies to all persons who use or intend to use OSSL Trademarks.
+
+
+# Principles
+
+* OSSL Trademarks can only be used in line with The Policy, including but not
+limited to; use in software, advertising or on websites.
+* OSSL Trademarks can only be used to identify OpenSSL, its products and
+services in a way that is accurate, not misleading or disparaging of
+OpenSSL,its products, services, communities, or users.
+* OSSL Trademarks can not be modified, combined with other marks or used as
+part of a larger mark.
+* You may not use marks that are confusingly similar to OSSL Trademarks, or
+that may be misleading or cause confusion in the marketplace or implies any
+affiliation with or endorsement by OpenSSL.
+* Except as provided in The Policy, use of OSSL Trademarks, is prohibited
+without express written permission from OpenSSL.  Use without written
+permission may violate OpenSSL's trademark rights.
+
+
+
+## When OSSL Trademarks can NEVER be used without permission
+
+Prior written permision must be provided in order to use OSSL Trademarks in all
+ circumstances except those listed under the "When OpenSSL Trademarks can be used without permission" section.
+
+In general:
+1.  You cannot use OSSL Trademarks in any way that suggests an
+    affiliation with, sponsorship or endorsement by the OpenSSL project or
+    community, if the same is not true.
+2.  You cannot use OSSL Trademarks in a company or organization name
+    or as the name of a product or service.
+3.  You cannot use a name or logo that is confusingly similar to OSSL
+    Trademarks.
+4.  You cannot use OSSL Trademarks in a domain name, with or without
+    commercial intent.
+5.  You cannot make merchandise with OSSL Trademarks for *commercial usage*.
+    In the case of commercial usage, where permission to use OSSL Trademarks
+    has been provided by OpenSSL, we recommend that you truthfully advertise to
+    customers which part of the selling price, if any, will be donated to the OpenSSL project.
+6.	In general you cannot use OSSL Trademarks in your own software branding
+    or to describe or advertise your services or products relating to OpenSSL.
+    However OpenSSL may grant permission to use OSSL Trademarks to indicate that
+    an OpenSSL product has been incorporated into another organisation's
+    product or service. In these instances the use of conventions such as
+	"compatible with" or "based On" will apply.
+
+
+## When OpenSSL Trademarks can be used without permission
+You may use the OSSL Trademarks without prior written permission only in the
+following circumstances:
+
+### Noncommercial and community usage
+
+Including but not limited to:
+* placing the OSSL Trademarks on a personal web site or blog to support open
+source software
+* making a page on a social networking web service to support open source
+software
+* linking to the OpenSSL website to provide information or show support for
+open source software
+
+As long as you are in compliance with the following conditions, no advance
+written permission is necessary:
+
+1.  You use OSSL Trademarks to make true factual statements about
+    OpenSSL or communicate compatibility with your product truthfully using
+    conventions such as "compatible with" or "based on".
+2.  Your intended use qualifies as "nominative fair use" of the OpenSSL
+    trademarks, i.e., merely identifying that you are talking about
+    OpenSSL in a text, without suggesting affiliation, sponsorship or
+    endorsement.
+3.  You can use OSSL Trademarks to describe OpenSSL in articles,
+    titles or blog posts.
+4.  You can make t-shirts, desktop wallpapers, caps, or other
+    merchandise with OSSL Trademarks for *non-commercial usage*.
+
+
+### Commercial and Business usage
+As long as you are in compliance with the following conditions, no advance
+written permission is necessary:
+1.  You use OSSL Trademarks to make true factual statements about
+    OpenSSL.
+2.  Your intended use qualifies as "nominative fair use" of the OSSL
+    Trademarks, i.e., merely identifying that you are talking about
+    OpenSSL in a text, without suggesting affiliation, sponsorship or
+    endorsement.
+3.  You can use OSSL Trademarks to describe OpenSSL in articles,
+    titles or blog posts.
+4.  You can make t-shirts, desktop wallpapers, caps, or other
+    merchandise with OSSL Trademarks for *non-commercial usage*.
+
+
+## How to Use the OSSL Trademarks
+Where you have received written permission to use OSSL Trademarks or usage is
+covered under the *When OpenSSL Trademarks can be used without permission*
+section, the following usage guidelines apply:
+
+1.  Use the OSSL Trademarks in a manner that makes it clear that your
+    project is related to the OpenSSL project, but that it is not part
+    of OpenSSL, produced by the OpenSSL project, or endorsed by the
+    OpenSSL project.
+
+2.  Acknowledge OpenSSL Software Foundation's ownership of the OpenSSL
+    trademark prominently. For example:
+
+    \[TRADEMARK\] is a ("registered," if applicable) trademark owned by
+    the OpenSSL Software Foundation.
+
+3.  Include a disclaimer of sponsorship, affiliation, or endorsement by
+    OpenSSL on your website and on all related printed materials. For
+    example:
+
+    X PROJECT is not affiliated with OpenSSL. OpenSSL is a registered
+    trademark owned by OpenSSL Software Foundation.
+
+4.  Distinguish the OSSL Trademarks from the surrounding words by
+    italicizing, bolding or underlining it.
+
+5.  Use the OSSL Trademarks in their exact form, neither abbreviated
+    or hyphenated, nor combined with any other word or words.
+
+6.  Do not create acronyms using the OSSL Trademarks.
+
+### Guidelines for Using Logos
+
+1.  Any scaling must retain the original proportions of the logo.
+2.  Do not use the OpenSSL logos as part of your company logo or product
+    logo or branding itself. They can be used as part of a page
+    describing your products or services.
+3.  Logos can be used on your own website solely as a hyperlink to the OpenSSL
+    project website.
+
+
+## Permission To Use
+
+To request permission to use OSSL Trademarks, please send an email to <osf-contact@openssl.org>.
+Include the following information in the body of your message:
+
+* Name of the User
+* Name of the organization/project
+* Purpose of Use (commercial/non-commercial)
+* Nature of Use
+
+
+Only the OMC can approve usage of the OSSL Trademarks.  Approval is entirely at the OMC's discretion.
+The following will be taken into account when deciding on OSSL Trademark usage requests:
+* Whether the usage is in line with The Policy;
+* Whether the usage would result in a detrimental outcome for OpenSSL;
+* Whether the requesting Organisation or Person reflects OpenSSL's values.
+
+
+The OMC or its designated representative, will keep a register of who has been
+approved and declined use of the OSSL Trademarks.
+The _[Trademark Register]_ will capture the following information:
+* Name of requesting Organisation or Person (if not part of an organisation)
+* Date decision was made
+* Whether request was approved or declined
+* Reason for decision
+* Approval Type i.e., Licence Agreement, Written Authorisation
+* Approved Usage
+
+
+## Breaches of The Policy
+
+Where OpenSSL becomes aware of unauthorised use of OSSL Trademarks, except as
+allowed under The Policy, the following actions may occur, this list is not
+exhaustive and by default includes any legally available options:
+* Issue advice to the infringer that they are in breach and have 30 days to rectify the breach.
+* Enter discussions with the infringer for them to obtain permission to use OSSL Trademarks.
+* Pursue legal action and / or seek compensation and damages for unauthorised usage from the infringer.
+
+
+For any queries with respect to The Policy, please send an email to <osf-contact@openssl.org>.
+
+
+[Trademark Register]: (.../general-policies/policy-supplemental/TrademarkRegister.md)

policy-supplemental/TrademarkRegister.md

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+| Authorised Trademark Register |   |   |   |   |   |
+| --- | --- | --- | --- | --- | --- |
+|   |   |   |   |   |   |
+| **Requestor Name** | **Date Decided** | **Approved/Declined** | **Reason for Decision** | **Approval Type** | **Approved Usage** |
+| OpenSSL Validation Services, Inc. | TBA | Approved | while not affiliated with the OpenSSL project has historical rights to use the OpenSSL trademark. | License Agreement | full usage |
+| ExampleOrg | 2022-11-25 | Approved | Beneficial to OSSL to involved with this organisaiton | Written Authorisation | Including "based on OpenSSL" in their Super Services product |