Difference between revisions of "Trademark"

Revision as of 01:07, 17 October 2012

The Trademark {TM} Team assists groups and the general public in using the Freecycle.org® trademark correctly. They also work to educate the press about proper use of trademark, pursue infringement, and help our lives run a bit smoother, legally speaking.

Immediate Help

For immediate help, questions about the trademark, or for help making your group trademark-compliant, please contact Trademark.

How to Use the Freecycle Trademark

The following guidelines are for areas outside the European community, Australia and Canada. If you reside in America, the European Union, Australia or Canada, the proper logo information can be found here.

For trademark guidelines regarding the printing of promotional material please review the guidelines and professionally designed brochures.

We are doing a really good thing here. And, we are also learning as we go, which means there will always be evolution and change. Because the Freecycle concept is unique and amazingly successful, there are many who have and who would try to use it for personal gain and profit. For that reason, The Freecycle Network™ is incorporated as a nonprofit organization, and the Freecycle name and logo are both trademark protected. We need to do our best to properly use the Freecycle trademark so that we don't lose the right to it.

In legalese, the use of the term "Freecycle" denotes a gifting service which is officially approved by the nonprofit organization "The Freecycle Network," and one that the public can expect to adhere to certain standards. The Freecycle Network must approve any email list or web site that uses the term "Freecycle" in its name and provides any sort of exchange service. (A relevant point for us to note internally is that we have to demonstrate a "concerted" effort.)

When using the term "Freecycle" please do the following:

1. While "The Freecycle Network" is a trade name, it also functions as a service mark -- i.e., a source indicator -- so it is okay to use a ® with it.

   For example: The Freecycle Network®

   When used as a trade name (think proper name), the term "Freecycle.org" may be used in place of "The Freecycle Network" to allow sentences to be more concise.

   For example: While The Freecycle Network has been growing by leaps and bounds, Freecycle.org also remains true to its core mission.

2. In all other cases, the term "Freecycle" must be used as an adjective, never as a noun or verb. For example:
   
   

Attribution Statement (US)

(This is fancy-speak for a statement attributing ownership of a trademark to someone at the bottom of emails, etc.)

At the bottom or within the body of all official Freecycle web sites, articles, press releases, automatic notices, and group home pages the following trademark attribution should appear (the horizontal lines are nice because they separate it from your content but they're not necessary):

Copyright © 2003 The Freecycle Network (http://www.Freecycle.org). All rights reserved. The Freecycle.org logo is a registered trademark of The Freecycle Network.

Attribution Statement (UK)

The following attribution statement needs to be at the bottom or within the body of all official Freecycle web sites, articles, press releases, automatic notices, emails and group home pages. If it is not there, you will be prompted/shown how to include it by your GOA:

Copyright © 2003 The Freecycle Network http://www.freecycle.orgAll rights reserved.

Freecycle and the Freecycle logo are registered trademarks of The Freecycle Network, CTM Reg No 4287553

Freecycle UK is a Registered Charity (No: 1118148) and is a Company Limited by Guarantee (No: 05945013)

Creating Footers

To create the footer in your Yahoo group

1. Log into the Yahoo and go to the group page
2. Click on Management on the left
3. Click on Messages on the right
4. Next to Subject Tag and Footer, click Edit
5. Enter the text above in the Footer box (you can create the lines by using a series of dashes (-) or underscores (_) but don't let them extend too far or they'll wrap to the next line in some email programs
6. Click the Save Changes button
   
   

Things to Remember

1. The term "Freecycle" in text must always be capitalized to set it off from the surrounding text. Example: Freecycle groups are great!
   
   
2. Local groups need to use the official Freecycle logo. It must include a ® symbol and appear exactly as it does on http://www.freecycle.org. It is okay to put adornments around it and behind it. Never put anything over any portion of the logo or otherwise obscure the basic form of the logo or the R symbol.
   
   
3. E-mail addresses with the word "Freecycle" in them: One should consider using something explanatory in addition to the word "Freecycle" in their e-mail address or ID for clarity's sake. Example: FreecycleSpringfield@hotmail.com.
   
   
4. In the local Yahoo groups, articles, press releases and automatic notices: The first "prominent display" or introduction of the mark (i.e., the first time you use the term Freecycle.org in a document) needs to be distinguished from other text with an R. This is in addition to the above attribution statement (the footer-note statement noted above). So, a Freecycle.org group site should have an R by the logo and an R by the first use of Freecycle.org in the text. The other instances of Freecycle can be without a R marking, though it is still important to capitalize or color them to show they are not just common words.

This sample Freecycle group has been created to demonstrate how a group should look once it's set up properly. Please compare your group description with our sample page (My.Freecycle or Yahoo, depending on where your group is hosted) to be certain your description holds all necessary trademarks. Remember, you are a representative of Freecycle, a worldwide organization! FYI: These are not live groups so don't try to post. No one will receive your message. Smiles.
My.Freecycle Sample Group
Yahoo! Sample Freecycle Group

• • 1. In HTML, use this HTML code: "Freecycle ® (ampersand-no space, pound sign, 0174, semi-colon);" (without the quotes) to create this: Freecycle®
    2. For plain ASCII text documents, in email, and in files in a Yahoo group, use "Freecycle(R)" (without the quotes).
    3. For other documents, use any method available to create the R superscript.
    4. There's no need to use the R mark more than once per document.
    5. Do not use the R mark in email addresses, email subject tag lines (such as [freecyclemytown]), group names, or URLs.
    6. Do be sure to include the footer in item 3 above, whenever possible.
• TIP: If you are sending an email and wish to add the R, it makes sense to use the (R) version rather than the superscript R symbol (even if you know how to generate the ASCII version) because many email programs will not display it right to the recipient.
  
  
  • OPTIONAL: For further information about trademarks and how to use them properly, see:
    
    http://www.inta.org/info/faqs.html
    http://www.uspto.gov/main/trademarks.htm

Questions and Answers

Do we currently have a trademark in the United States?
Yes. Our graphic logo Freecycle.org is trademark protected. However we do not currently have trademark rights for the term "Freecycle" alone or the previous Freecycle graphic logo lacking the ".org" portion. By using the "Freecycle.org" logo, we are able to clearly differentiate ourselves from copycats who do not share our nonprofit mission or volunteer goodwill who are using the term "Freecycle" alone.

Does we have a trademark outside the United States?
Yes, we do. We have a strong and established mark in about 110 countries. Further, the mark is registered (an "R") in Canada, the European Union and Australia. By using the term Freecycle with care we will be able to maintain these marks as well.

What happened to the Freecycle Service Mark (SM)?
Freecycle formerly used the SM (Service Mark) designation, but for better worldwide uniformity and recognition, we are now using ® (R) instead of SM.

Is it okay for individual email addresses or URLs to include the term "Freecycle.org"?
Yes, but please make sure the word is accompanied by something explanatory, like FreecycleMytownMod.

Do personal emails about Freecycle need to use the ® mark or trademark attribution?
No. Having the trademark attribution in email list footers is enough.

Where are the most common places that "Freecycle" use should be checked?

• Group description/home page (Management / Description and Appearance / Description - Edit)
  Group email footer text (Management / Messages / Subject Tag and Footer - Edit)
  Group welcome message (Management / Membership / Welcome Message - Edit)
  All automatically sent notices -- especially the Freecycle Etiquette document Press releases or other stand-alone documents
• Flyers

What changes should I make to my group's Freecycle Etiquette document?
Make sure all instances of Freecycle are used as an adjective or trade name. Look at the main Freecycle Etiquette link for good examples.

Are modified local logo graphics with our ® still okay?
Adding graphics around the mark is fine and fun. We do need to leave the mark itself unaltered (so you're OK as long as the logo and ® are not covered or obscured in any way).

What about our cafe sites? Do they have to be trademark compliant as well?
Yes. Proper trademark usage is something everybody needs to observe, whether in a cafe group or in groups not even associated with Freecycle.org®. Follow the same guidelines as above.

I want to have someone look at my site, and tell me what I have to do.
OR
I want someone to come in and fix anything that needs to be fixed.
Send an email toTMsupport@freecycle.org and specify which option you are interested in. (have a look or come in)

Where can I find the official logo that is required for my site?
File:Freecycle logo r.jpg.

How do I go about getting a special logo made for my site?
Glad you asked! Click here for instructions on this!

(C) 2003, The Freecycle Network(TM). All rights reserved. Freecycle and the Freecycle logo are trademarks of The Freecycle Network in the United States and/or other countries.