Trademark Guidlines

  1. Introduction

This document outlines the policy of All It Host Inc. (“ALLITHOST”) regarding the use of its trademarks.

Any use of any ALLITHOST trademark must be in accordance with this policy.

ALLITHOST owns a number of trademarks and these include:

  • NEPHELO
  • ALLITHOST
  • THE ALLITHOST LOGO
  • NEPHELO JUST APP
  • THEIR RESSEMBLANCES GRAPHICALLY AND TEXTUALLY

Although some of these trademarks may not be fully registered in all possible jurisdictions, we claim ownership over those marks and their representations in any jurisdiction where ALLITHOST PRODUCTS may be sold or licensed.

This POLICY, as aforementioned, encompasses all above brands and trademarks, in text and graphic format, henceforth collectively referred to as “TRADEMARKS”.

All TRADEMARKS, be that ALLITHOST property, third-party owned or licensed under any Open Source license have legal requirements that determine the way they shall be used.

If these requirements are not met, such TRADEMARKS may be endangered or lost.

One of these requirements is for the TRADEMARK holder or owner (hereto, ALLITHOST) to establish maintain standards and guidance on how anyone can use its TRADEMARKS, and to enforce acceptable use of such 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 the uses of TRADEMARKS that confuse or mislead consumers are not permitted under law.

Underlying ALLITHOST’s TRADEMARKS policy is a set of guidelines for what is – and is not – acceptable use of TRADEMARKS.

This POLICY describes the uses generally approved by ALLITHOST for its TRADEMARKS.

However, if any entity violates this POLICY, or otherwise take actions that may compromise the goodwill on regards of our TRADEMARKS, or through its use of our TRADEMARKS, exposes ALLITHOST to any possible, even if unforeseen, liability, ALLITHOST may require such entity to cease all use of any TRADEMARKS, regardless of any uses allowed in this POLICY or granted by any agreement between ALLITHOST and such entity.

  1. General goals

In general, ALLITHOST wants the TRADEMARKS to be used with minimal restriction to refer to the any of ALLITHOST’s PRODUCTS.

However, we do not want our TRADEMARKS to be used:

  • to refer to any other software, systems, products or services not directly supplied and supported by ALLITHOST
  • in a way that is misleading or may imply association of unrelated modules, tools, documentation, or other resources with the ALLITHOST’s PRODUCTS.

Uses that Never Require Approval

TRADEMARKS are subject to “nominative use rules” that allow use of the TRADEMARKS to name the trademarked entity in a way that is minimal and does not imply in any sponsorship relationship with the TRADEMARKS holder.

For instance, stating accurately that the PRODUCT in use is NEPHELO, or that a third-party or CUSTOMER owned product is compatible, or that it contains ALLITHOST or NEPHELO technologies, is always allowed.

In such cases, CUSTOMER may use any ALLITHOST TRADEMARKS to indicate this, without ALLITHOST prior approval.

This stands for both non-commercial and commercial uses.

Uses that Always Require Approval

Any commercial use of the TRADEMARKS in product or company names, URLs or domains names must be approved first, in writing, by ALLITHOST.

Some uses, like, for instance, calling a company “The NEPHELO Company,” or a product “ALLITHOST Software” or “NEPHELO based Shopping Cart” will be refused.

This is because they are overly broad, or confusing as to whether such product or organization is affiliated with or sponsored by ALLITHOST.

Any use of a derived (modified) logo for any commercial purpose must also be approved first, in writing, by ALLITHOST.

Generally, ALLITHOST will not authorize such use as it may be misleading and confusing.

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 shall always be used in the format provided by ALLITHOST or, in case they need to be edited, they shall strictly follow the graphic guidelines for ALLITHOST and NEPHELO that can be located online at ALLITHOST BRANDBOOK:  https://www.allithost.com/documents/brandbook
  • When written in text format, TRADEMARKS should be accompanied by a symbol “™” or a small TM “TM” (for unregistered trademarks) or by a symbol “®” or a small (R) “(R)”.

This requirement is waived in all contexts where such marks are not normally included: e-mail, online messaging and forums, non-graphical advertisements (when permitted), and academic papers.

ALLITHOST encourages the use of the trademark or the copyright symbol whenever possible, but recognizes that many non-commercial and informal uses will omit it.

  • TRADEMARKS shall have a distinctive text formatting treatment wherever possible. TRADEMARKS should be set apart from surrounding text by using ALLCAPS, italics, emphasized or underlined fonts.
  • In certain contexts, a statement similar to the following should accompany the use of TRADEMARKS: “NEPHELO and NEPHELO logos are TRADEMARKS of AllITHost Inc. 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.

ALLITHOST encourages the use of the above statement, but recognizes many non-commercial and informal uses will omit it.

Examples

ALLITHOST has specific rules for the following uses:

  • Use of the TRADEMARKS in text, or as text in third-party logos and trademarks
  • Use of one of the unaltered logo form of the TRADEMARKS
  • Use of a logo derived from the TRADEMARKS
Trademarks use case Specific rules
Use of the TRADEMARKS in company and URL names Allowed only by prior written permission from ALLITHOST.
Use of the TRADEMARKS when redistributing the trademarked software or hardware as part of a commercial application or product Allowed. But if the standard version of the trademarked software or hardware is modified, this should be clearly indicated.
Use of the TRADEMARKS in the names of user groups and conferences that are free to join or attend Allowed if for programmers, developers or users. Other uses require permission from ALLITHOST.
Use of the TRADEMARKS in the name of books or publications Allowed.
Use of the the TRADEMARKS on websites, brochures, documentation, and product packaging Allowed. Please follow the rules above about the use of the TM and (R) symbols.
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 by the ALLITHOST.
Use of the TRADEMARKS in email and informally Allowed without the TM or (R) symbol.
Use of the TRADEMARKS in academic papers, theses, and books Allowed without the TM or (R) symbol. Books should include the symbol.
Use of the TRADEMARKS in another trademark Not allowed without prior written permission from ALLITHOST, except as described above.
Use of unaltered logos of the TRADEMARKS on T-shirts, mugs, etc. Again, non-commercial uses to promote trademarked entities are allowed. Commercial uses (which include any use where ITEMS ARE SOLD for money) require permission from ALLITHOST. Please reproduce ALLITHOST logos with the right colors and fonts accordingly ALLITHOST BRANDBOOK.
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 (where a  product that uses any of the TRADEMARKS is sold) require prior written permission from ALLITHOST.

Derived logos must always be sufficiently diverse from the TRADEMARKS to allow the consumers to tell the difference.

For example, if any entity wants to create a derived logo for a local NEPHELO developers or users group, it might be able to insert an unaltered NEPHELO graphic logo into the local group’s name in a way that does not cause any 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.

Trademarks use case Specific rules
Use of freely distributable derived logos as icons for files and executable files Allowed if used to refer to the appropriate ALLITHOST’s software products or systems. Commercial users should obtain permission before using derived logos as icons for proprietary file formats.
Use of derived logos for user groups and conferences Allowed if used to refer to the appropriate ALLITHOST’s software products and systems. Commercial user groups and for-profit conferences require permission from ALLITHOST.
Use of derived logos for distributed 3rd-party modules or tools Use of derived logos for commercial modules (modules that are sold) and tools requires permission from ALLITHOST.

ALLITHOST recommends contacting ALLITHOST for permission for all derived logos to avoid placing a confusing logo into widespread use.

Contacting ALLITHOST 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 ALLITHOST.

However, obtaining permission from ALLITHOST is required in all other uses of a derived logo.

  1. Notes

ALLITHOST partners and website members do not receive any preferential treatment under this policy.

However, if there was any use of the TRADEMARKS in the past, in ways that might have violated this POLICY, ALLITHOST recommends seeking permission.

ALLITHOST does reserve the right to deny trademark use that violates this POLICY.

Past unnoticed use, in violation of this POLICY, does not constitute a right to continue that use.

CUSTOMERS can report potential TRADEMARKS misuse to the ALLITHOST by sending an e-mail to:

trademarks@allithost.com.