Apache Software Foundation Trademark Policy | Apache Software Foundation

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This document outlines the policy for allowable uses of Apache® Software Foundation trademarks by other parties.
The Apache Software Foundation (ASF) owns all ASF-related trademarks, service marks, and graphic logos on behalf of our project communities, and the names of all ASF projects are trademarks of the ASF.
The following information helps ensure our marks and logos are used in approved ways by other parties, so we can legally protect our project brands and encourage third parties to use ASF software and our brands in approved ways. Contact us with any questions about this policy or about ASF trademarks, and read our list of trademark resources.
Description of Key Trademark Principles
Specific ASF Trademark Policies
Policy for Software Products
Policy for Published Books or Articles
Policy for Domain Names
List of ASF Trademarks
Frequently Asked Questions
More ASF Trademark Resources
ASF trademarks, service marks, and graphics marks are symbols of the quality and community support that people have come to associate with projects of the ASF. To ensure that the use of ASF marks does not lead to confusion about our software, we must control their use in association with software and related services by other organizations. Also, as a US based corporation, we have a legal responsibility and the authority to set policy for the use of our marks.
The Apache Software Foundation and our many software products must be clearly distinguishable from any software that competes with ASF software, and from software or services by any company or individual that is not part of the ASF.
Apache Software Foundation trademarks must not be used to disparage the ASF, our projects, members, sponsors, or communities, nor be used in any way to imply ownership, endorsement, or sponsorship of any ASF-related project or initiative of any kind. We are a vendor-neutral organization, and an important part of our brand is that ASF projects are governed independently.
This section is not intended to summarize the complex law of trademarks. However, it may help you understand some key principles. More information is on our trademark resources listing.
What is a trademark?
A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others. A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. Throughout this document, the terms "trademark" and "mark" refer to both trademarks and service marks.
These rules are generalized to describe ASF software associated with the trademark "Apache ProjectName", or more generally "ProjectName" when it is understood to refer to our specific Apache ProjectName software product. Like most ASF software, this ProjectName software is maintained by the Apache ProjectName project, or by the ProjectName sub-project of another project, such as the "Apache Incubator" (itself an ASF trademark).
ASF's trademarks are either words (e.g., "Apache" and "Apache ProjectName" and "ProjectName") or graphic logos that are intended to serve as trademarks for that ASF software. The ASF logo is also an ASF trademark for Apache software which has special meaning for ASF and special rules regarding its use.
Within the ASF, during our product release activity and on ASF websites, we make sure that our trademarks are marked with a (TM) or (R) symbol or shown with trademark notices where appropriate so that everyone can recognize them as ASF trademarks. We provide a list of ASF trademarks, and a detailed guide on how to refer to ASF brands.
What is nominative use?
Anyone can use ASF trademarks if that use of the trademark is nominative. The "nominative use" (or "nominative fair use") defense to trademark infringement is a legal doctrine that authorizes everyone (even commercial companies) to use another person's trademark as long as the use meets three requirements:
The product or service in question must be one not readily identifiable without use of the trademark (for example, it is not easy to identify Apache Hadoop® software without using the trademark "Hadoop").
Only so much of the mark or marks may be used as is reasonably necessary to identify the product or service.
The organization using the mark must do nothing that would, in conjunction with the mark, suggest sponsorship or endorsement by the trademark holder.
The trademark nominative fair use defense is intended to encourage people to refer to trademarked goods and services by using the trademark itself. This trademark defense has nothing to do with copyright fair use and should not be confused with those rules.
What is the "confusing similarity" or "likelihood of confusion" test?
Some uses of another person's trademark are nominative fair use, but some uses are simply infringing. Indeed, if someone uses a trademark in a way that the relevant consuming public will likely be confused or mistaken about the source of a product or service sold or provided, likelihood of confusion exists and the mark has been infringed.
Note that, even if there is no likelihood of confusion, you may still be liable for using another company's trademark if you are blurring or tarnishing their mark under the state and/or federal dilution laws.
To avoid infringing ASF's marks, you should verify that your use of our marks is nominative and that you are not likely to confuse software consumers that your software is the same as ASF's software or is endorsed by ASF. This policy is already summarized in section 6 of the Apache License , and so it is a condition for your use of ASF software:
This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NO