RE: Trademark question

Subject: RE: Trademark question
From: "James Barrow" <vrfour -at- verizon -dot- net>
To: <TECHWR-L -at- lists -dot- techwr-l -dot- com>
Date: Wed, 27 Dec 2006 11:31:26 -0800

>Tammy Van Boening asked:
>
>All,
>
>I have to create an Installation and Configuration Guide that addresses the
>installation and configuration of KETTLE (an ETL tool) for a Fiserv
>project. KETTLE is a trademark of the Pentaho Corporation and in regards to
>representing this:
>
>On the Front Cover of the Guide, I have it listed as KETTLE(tm)
>Installation and Configuration Guide and in the Front Matter, I have put a
>catch-all disclaimer that KETTLE is a trademark of the Pentaho Corporation
>and that all other products and company names mentioned herein are the
>trademarks of their respective owners. Anywhere else that I refer to
>KETTLE, it's just KETTLE without the (tm) symbol. I have differing opinions
>being offered on this - the way that I am approaching it is the way that I
>have approached (registered) trademark information in many, many previous
>lives (and it's the way that has passed legal scrutiny in these lives), but
>I have a few naysayer's that want the TM after every occurrence of
>"KETTLE". Thoughts, etc. are appreciated.

The golden rule is:

Do not use trademarks in a manner likely to cause confusion as to the source
of goods or services or which may indicate sponsorship, affiliation or an
endorsement. For example, do not place "KETTLER" so prominent in
documentation that it appears to be marketing collateral from Pentaho Corp.
describing KETTLER software.

That being said...

All trademarks must be properly attributed. Trademark ownership is
attributed in two ways, with the use of a trademark symbol (i.e. TM, SM or
R) after the trademark at the first use, and with a trademark legend,
usually placed at the end of a document in "mouseprint" directly after the
copyright notice.

This means that the trademark symbol does not need to be included in every
use of the trademark. The trademark symbol must always be used:

1. Upon the first use of the trademark in the text of each document or in
any other materials referencing Pentaho Corp. trademark.

2. On all prominent uses of the trademark (e.g. title pages, headings, etc.)
- unless space and style criteria prevent such markings.

Proper Usage of Trademarks
Trademarks are adjectives (brand names) modifying nouns (the generic product
type). You should adhere to the following when using trademarks:

The first use of any trademark in text must be as a proper adjective. Use a
generic term in association with each trademark the first time the mark
appears. For example, KETTLER ETL software, or Pentaho CorporationR
collaborative information management software. It is acceptable to not use
the generic noun intermittently after the first use.

HTH,

Jim

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References:
Trademark question: From: Tammy Van Boening

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