1. Background Information

The Mautic trademark – i.e. the word “Mautic”, whether or not in capitals – is owned and controlled by Acquia Inc., who has joined forces with Mautic to deliver the world’s only open digital experience marketing platform.

Although you are encouraged to use the Mautic trademarks (including accompanying official logos: https://www.mautic.org/about/logos-and-graphics, which is itself a use of the Mautic trademark) for your own purposes, you must first obtain a license. You can either obtain this license automatically, or through a license grant procedure, as further explained below in this policy.

This policy therefore first explains whether you receive an automatic license, or whether you need to obtain a license through the license grant procedure. In addition, this policy explains which "rules of use" apply when you use the Mautic trademark (whether you obtained the license automatically, or through the license grant procedure).

2. Purpose

The Mautic Community acts as a steward for the Mautic brand, with the trademark and logo rights being owned by Acquia.

Our goal is to grow the Mautic community by encouraging businesses of all sizes to bring creativity, innovation and contributions to the project. We’ve developed this policy in an effort to preserve the Mautic trademark and brand, as well as to provide guidance and resources to those who wish to use the Mautic name, logo or trademark in any capacity.

Mautic trademarks, service marks, and logos (collectively “Mautic Trademarks”) are particularly valuable because they represent the unrivaled commitment and standards of excellence associated with the Mautic brand. This policy is in response to the questions received from various persons and companies and aims to cover the most typical situations for use of the Mautic Trademarks. This page contains detailed information about how to properly refer to Mautic Trademarks.

3. Limitations of this Policy

This policy may not answer every question you may have about the use of Mautic Trademarks. If your specific use scenario is not addressed in this policy, or you have doubts as to whether or not a specific rule applies, you should contact Acquia Legal Department at [email protected]

4. Mautic Trademarks Generally

All Mautic Trademarks are the property of Acquia Inc. and nothing contained on any website(s) and/or within any documents should be construed as granting any license or right to use any Mautic Trademark without the prior written permission of Acquia. By using any Mautic Trademark you acknowledge that Acquia Inc. is the sole owner of the trademark and you agree that you will not challenge Acquia’s use, registrations of, or application to register any trademark. The goodwill derived from the use of any Mautic Trademark shall be for the exclusive benefit of the Mautic brand.

5. Example Mautic Trademarks

Below are some examples of Mautic Trademarks and their associated designations. This list may be updated and is not to be considered exhaustive.

6. General Rules of Trademark Use

The following set of rules governs all use of the Mautic Trademarks, with the exception of any nominative fair use (outlined below), and regardless of whether you followed the license grant procedure or obtained an automatic license for such use.

1. Any use of the Mautic Trademarks constitutes an acceptance of this policy.

2. The Mautic Trademarks may not be used in a company name, in part or in whole (e.g. Mauticorp, Mautibiz).

3. The Mautic Trademarks may not be used in any domain name or sub-domain name, in part or whole, regardless of domain extension.

4. The Mautic Trademarks may not be used in any social media title, alias, handle or name, in part or whole, in any manner that may suggest affiliation with or endorsement by Mautic except where a license has been granted and the profiles are created by the Community Team.

5. Any use of the Mautic Trademarks must be accompanied by the appropriate attribution, including use of the proper trademark symbol (“®” or “™”) on all occurrences of Mautic Trademarks.

6. The Mautic Trademarks cannot be used for any illegal, defamatory, vulgar, obscene or indecent purposes, or any other purposes that may negatively impact the Mautic platform.

7. The name of your company or organization must not be used in combination with the Mautic Trademark to be sure there is no confusion about the true source (company, organization, association or author) of your product or service. The combination of the name of your product or service with the Mautic trademark must be unique and identifiable.

8. The Mautic Trademark(s) is not allowed in online advertising, including Google AdSense, AdWords, Facebook, Twitter, LinkedIn or other advertising platforms.

9. The Mautic Trademarks must be used in their exact form without any alteration in size, color, ratio, or other dimensions, unless otherwise agreed upon in writing by both parties.

10. The Mautic Trademarks must be used independently and separately from your trade names, service marks, logos or trademarks, combining marks is not permitted.

11. You agree to comply with any Mautic request to correct, change, or cease any use of the Mautic Trademarks which is determined by Mautic to be improper under these guidelines. This section applies notwithstanding any license agreement you may have with Mautic.

7. Nominative Fair Use – Permitted Use Without License

Nominative fair use permits the use of another’s trademark to refer to the trademark owner’s actual goods and services associated with the mark.

You may identify a Mautic product or service in text or indicate your product or service is related to Mautic by using an appropriate phrase such as “for”, “for use with”, or “works with” so long as such usage does not create the impression of any affiliation with or endorsement by Mautic, and as long as your usage does not create the possibility of confusion as to the source of the product.

8.  Promotional Use

If your business has developed products and/or services that contribute to the installation, configuration, implementation and use of Mautic, we encourage you to promote it. We also encourage the inclusion of links to Mautic.org on such web pages or emails. The Mautic community becomes richer when the community contributes to the project in this way.

The Mautic name and approved logo may be included in content that describes the products and services that are offered by your business and when it resides on pages that clearly articulate them. To access authorized Mautic community branding resources, click here.

9.  Automatic License or License Grant Procedure?

This section explains whether you are entitled to an automatic license (in which case you can use the Mautic Trademarks without having to complete or receive any document), or whether you need to follow the license grant procedure. You will only be entitled to an automatic license when you are in any of the situations described under subsection A below, and not simultaneously in any of the situations described under subsection B below.

9.1  Automatic License

You receive an automatic license when:

1. You exclusively use the Mautic Trademarks to either extend or improve the Mautic platform, or to encourage the use of the Mautic platform (in short, “foster the Mautic platform”).
   
   “Exclusively” means that any direct profits generated by using the Mautic Trademarks must also be exclusively used to foster the Mautic platform. 
   
   Examples of “fostering the Mautic platform”

• A course entitled “How to use Mautic in your business” organized by a local non-profit organization

• A website “mautichalloffame.com” with pictures of Mautic contributors

• Administering a database with Mautic bugs and corresponding workarounds
  
  Examples of not “exclusively to foster the Mautic platform”

• A charitable organization selling t-shirts with the Mautic Trademarks to sponsor its fight against global warming

• A company selling t-shirts with the Mautic Trademarks, while only donating 25% of profits to the Mautic Community.

9.2 License Grant

The license grant procedure must always be followed when:

1. The use of the Mautic Trademarks suggests or indicates an affiliation or endorsement of Mautic or the product or service can be perceived as emanating from Mautic.

A few non-exhaustive examples:

• A consulting company can describe its business as “123 Web Services, offering Mautic consulting for small businesses,” but cannot call itself “The Mautic Consulting Company” or “The Mautic Experts”;

• A business that creates Mautic plug-ins can describe itself as “XYZ Plug-ins, the world’s best Mautic plug-ins,” but cannot call itself “The Mautic Plug-in Portal”;

• A hosting company can state that it “hosts, configures and supports Mautic”, but it cannot say that it offers a solution called “Mautic-as-a-Service”;

• A course could be titled ‘Company XYZ’s guide to getting started with Mautic’ but not “Mautic Training.”

2. The Mautic Trademark(s) are used in combination with the words "conference", "convention" or "association", as well as any translation, abbreviation or variation thereof.

3. The Mautic Trademark(s) are used as part of another registered trademark.

4. The Mautic Trademark(s) are used as part of a domain name.

5. The Mautic Trademark(s) are used as part of a domain name that covers either an entire category of products or services that are relevant to the Mautic community, that covers an entire target group of Mautic users or that is otherwise too generic.

6. The Mautic Trademark(s) are used in a domain name, title of website, title of a seminar, title of a course or title of a software package that is not exclusively intended to foster the Mautic platform, and this domain name or title does not also mention your trademark (or trade name, name of your company, name of your organization, or name of your association).

7. The Mautic Trademark(s) are used as part of the name of a company, organization, trade name, association.

8. The Mautic Trademark(s) are used in altered form or as part of another logo.

9. The Mautic Trademark(s) are used in connection with any commercial activity that does not otherwise exclusively foster the Mautic platform as described in subsection A above.

10. There is any doubt as to how this policy should be interpreted or applied to a specific case.

10. License Grant Procedure

In the license grant procedure, you must complete a form with your contact details and a description of the intended use of the Mautic trademark.

It may take a month or more for your application to be evaluated, and applications may be rejected for any reason (you may, however, reapply as often as you like). Furthermore, a license fee may be requested for any commercial use of the Mautic trademark.

Although licenses are granted at Acquia’s sole discretion, and specific conditions or obligations may be imposed, the following factors will be taken into account during the license grant procedure:

1. With respect to a Mautic-related product or service, it will be considered whether the product or service:

• does not suggest an official link;

• promotes or expands Mautic adoption and usage;

• is not a fork of Mautic, and does not promote or encourage forks of Mautic;

• is licensed in a way that is compatible with the Mautic open source license;

• substantially strengthens and empowers the Mautic community;

• is of a high quality in both form and function;

• is created by significant contributors to the Mautic project;

• is created by those with a track record of liberally "giving back" to their communities;

• in the case of a domain name, does not create an unfair monopoly towards others because it spans a relevant category of services.

2. With respect to the name of a company, organization or association, it is considered whether:

• the name does not suggest an official link;

• the company / organization or association is founded by significant contributors to the Mautic project, who have a track record of liberally "giving back" to their communities.

Acquia will review this policy on a recurring basis, and will publish updates and additions, as needs and use cases evolve. We thank you for your support in protecting the Mautic trademark.

Submitting a request

Please use this form to submit a request: https://forms.gle/mVTzWRNV2Z9hEDhx5

Last update: August 2020