Trademark Usage Guidelines

This is a statement of Payara Services® LTD trademarks and its policy and guidelines relating to use of trademarks owned or licensed by Payara Services, LTD and used by projects under Payara Services. Individual projects under Payara Services LTD may have additional guidelines and requirements for the use of trademarks intended to imply compliance with certain criteria or other requirements, and in such cases compliance with such criteria and requirements is necessary.

For purposes of this document, references to trademarks or marks include all trade and service marks and logos owned or licensed by Payara Services, LTD legal entity. Projects operating as separately incorporated entities managed by Payara Services LTD have their own trademarks, policies and usage guidelines.

Payara Services LTD Trademarks

Payara Foundation has the following registered trademarks in the European Union and/or other countries:

Payara®

Logo Marks: In addition, Payara Services and its projects have visual logo trademarks in use and you must comply with any visual guidelines or additional requirements that may be included on Payara Services or the applicable project’s site.

Payara Services has a trademark for the following logo marks in the United Kingdom and/or other countries:

Payara Fish logo

Payara Services Trademark Usage Guidelines

Trademarks are used to provide assurance to the community of consistency with respect to the quality of products or services with which the mark is associated. This policy attempts to strike the proper balance between two competing interests: 1) the need of Payara Services to ensure that its trademarks remain reliable indicators of the qualities that they have been created to preserve and 2) the need of Payara Services to ensure that community members are able to discuss the projects with which Payara Services is associated and to accurately describe the relationship between Payara Services and the products and services offered by others.

A trademark provides the owner with an exclusive right to authorize or control the use of the mark. Your right to use a mark of Payara Services is provided for in this policy and in the statement of permitted use, if any, that may accompany the trademark notice displayed on the website dedicated to the project. A copyright license, even an open source copyright license, does not include an implied right or license to use a trademark that may be related to the project developing the licensed software or other materials. Because open source licenses permit unrestricted modification of the copyrighted software, and Payara Services has no intention of interfering with that right, your right to use any specific trademark of Payara Services is not determined by your use of software made available under an open source license. Your right to use a mark is conditioned upon conforming to other requirements that are directly related to the qualities that the specific mark has been created to preserve.

Proper use of Payara Services trademarks by following these trademark usage guidelines protects the value of Payara Services trademarks. Any use of or reference to Payara Services trademarks that is inconsistent with this trademark policy, or use of marks that are confusingly similar to trademarks of Payara Services, is prohibited. All uses of Payara Services trademarks, and all goodwill associated therewith, will insure solely to the benefit of Payara Services or its licensors.

Rules that Apply to Trademarks In General

There are some basic rules that apply to any use of any trade or service mark that you do not own, including any mark of Payara Services, without the express permission of the owner.

A trademark should never be used as a verb or noun. A trademark should be used only as an adjective followed by the generic name/noun.
A trademark should not be used in the plural or possessive form.
A trademark should not be altered or amended in any way. A mark should not be combined with any other mark, hyphenated, abbreviated or displayed in parts. A trademark that is depicted as two or more words should not be compressed into one word.
A trademark should not be used as your domain name or as part of your domain name.
A trademark should not be used as part of your product name.
A trademark should not be incorporated into your company’s logos or designs.
A trademark notice should be used on the most prominent and/or first appearance of each mark of Payara Services, and a trademark notice should not be changed. In particular, a ™ should not be changed to an ® in a trademark notice by anyone other than the owner.

There are also some basic rights that everyone has to use any trademark, which are often referred to as “fair use,” and Payara Services does not intend to restrict those rights. You may make fair use of word marks to make true factual statements. But fair use does not permit you to state or imply that the owner of a mark produces, endorses, or supports your company, products, or services. Even when making fair use of a trademark, you should acknowledge the owner of the trademark with a trademark notice, such as the notice displayed on Payara Services project websites.

Rules and Policies Applicable to Marks Owned by Payara Services

In addition to the generally applicable rules discussed above, there are a few specific rules that we ask everyone to follow when using trademarks owned by Payara Services.

Use the full form of any trademarks (e.g., “Payara Services”) in the first reference in all documents of mass communication, including marketing collateral and web pages. You may then use any abbreviated or short form references (e.g. “Payara” when referring to the company, but always the full product name, “Payara Server”, “Payara Micro”) within the same the document where the full form has already been used.
Use Payara Services trademarks in a form that distinguishes them from the text around them, such as by capitalization, bold or italic fonts, or with quotation marks. Any use of registered trademarks listed above should include the ® symbol immediately after the first usage (e.g., “Payara® Services projects develop open source….”).
Do not use Payara Services trademarks in a manner that would disparage Payara Services or its projects (e.g., untruthful advertising, false/misleading promotional materials, etc.).
Do not use a Payara Services logo on the cover of a book or magazine without written permission from Payara Services.
Do not use Payara Services trademarks more prominently than your own company, product or service name.
Do not use a logo of Payara Services on posters, brochures, signs, websites, or other marketing materials to promote your events, products or services without written permission from Payara Services.
Do not attempt to claim or assert any ownership rights in any mark of Payara Services and do not attempt to register any Payara Services trademark as a trademark, trade name, domain name, or “doing business as” name, alone or (unless specifically licensed) in combination with your own trademarks.

Payara Services marks have been created and their use is expressly permitted for a specific purpose. Do not use logos or names of Payara Services in any commercial or marketing context other than as expressly permitted in this policy unless you have obtained explicit written permission from Payara Services to do so.

You are also allowed to use a trademark or logo of Payara Services as a link to the home page of the applicable project or to a web page on Payara Services web site that is relevant to the reference so long as the link is in a manner that is consistent with the preservation of the goodwill and value of the mark. The link and all other usage of a logo of Payara Services shall be done using the official versions of Payara Services logos obtained from Payara Services or its projects.

Certain marks of Payara Services have been created to enable you to communicate compatibility or interoperability of software or products. In addition to the requirement that any use of a mark to make an assertion of compatibility must, of course, be accurate, the use of these marks must avoid confusion regarding Payara Services association with the product. The use of the mark cannot imply that Payara Services or its projects are sponsoring or endorsing the product. The following are examples of proper and improper usage of these trademarks of Payara Services:

Correct: <your product/company name> plug-in for <Payara Services mark>

Correct: <your product name> compatible with <Payara Services mark>

Correct: <your product name> for use with <Payara Services mark>

Correct: Quick Start for <Payara Services mark> by <your company name>

Incorrect: <Payara Services mark> <your product name>

Incorrect: <Payara Services mark> by <your company name>

Incorrect: <Payara Services mark> – <your product name>

Incorrect: <your product/company name> – <Payara Services mark>

Incorrect: <Payara Services mark> Quick Start by <your company name>

Questions, Comments, Concerns

We look to our community to help us retain the value of Payara Services trade and service marks. If you have questions with respect to these guidelines or to report concerns regarding the use or misuse of a trademark of Payara Services, or to obtain written permission for a proposed use of Payara Services trademarks, contact: info@payara.fish

Disclaimer

Payara Services does not make any express or implied warranties, including but not limited to the warranties of non-infringement of any third party intellectual property rights. Payara Services does not warrant that any pending trademark applications for trademarks of Payara Services will result in any granted trademark protection. Payara Services shall not be liable for any claims relating to user’s activities falling within the scope of the permission and user hereby agrees to indemnify, defend and hold Payara Services and its contributors harmless against any such claims.

Updates

Payara Services may release new versions of Payara Services trademark policy or statements of permitted use of Payara Services marks without notice.

This work is inspired by the Mozilla Foundation Trademark Policy and the GNOME Trademark Licensing. It is licensed under a Creative Commons Attribution 4.0 International license (“CC BY 4.0”, available at https://creativecommons.org/licenses/by/4.0).