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 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.