OpenCFD Limited Trade Mark Policy

OpenCFD Limited Trade Mark Policy

OpenCFD Limited develops and globally markets engineering simulation software and related services and these are protected by a number of trade marks, including (without limitation) OPENFOAM®  and OpenCFD®  (the “Trade marks”). OpenCFD Limited consents to limited use of the Trade Marks by third parties (“Third Parties”) in accordance with the terms set out below:

  1. Third parties may only use the Trade Marks solely to reference OpenCFD Limited’s software, products and services. Referential use is prohibited if such use would defame or disparage OpenCFD Limited, its products or services.
  2. Third Parties may only use the Trade Marks provided that they accurately portray the relationship between OpenCFD Limited and themselves. Third Parties must not imply sponsorship, affiliation or endorsement of themselves or their products or services by OpenCFD Limited.
  3. Any use of the Trade Marks by Third Parties in connection with the marketing or promotion of any products or services not provided by OpenCFD must include the following statement: “This offering is not approved or endorsed by OpenCFD Limited, the producer of the OpenFOAM software and owner of the OPENFOAM®  and OpenCFD®  trade marks.” (the “Disclaimer”)  
    The Disclaimer must appear prominently on each page that provides details of the products and/or services in question in a font size no smaller than half the size of the headline font and in any event no smaller than the body text.
  4. Third Parties should use the registration mark ®  in each initial reference to the Trade Marks, whether used in text or otherwise. Wherever the Trade Marks are used a reference must be included, usually in the footnotes or legal information that, for example OPENFOAM®  is a registered trade mark of OpenCFD Limited, the producer of the OpenFOAM software.
  5. Third Parties must not describe themselves as “OpenFOAM developers” unless the work they carry out has been specifically requested by OpenCFD Limited. Where this is not the case, developers working with OpenFOAM technology may only describe themselves as “a developer using OpenFOAM technology”.
  6. Use by Third Parties must not create confusion or doubt about the ownership of the Trade Marks. Third Parties must not seek or suggest that they have any rights in the Trade Marks and/or any products and/or services provided by OpenCFD Limited.
  7. Third Parties must not market products or services using the Trade Marks or any wording that is confusingly similar to the Trade Marks, or which, without due course, takes unfair advantage of, or is detrimental to, the distinctive character or repute of the Trade Marks.
  8. Third Parties must not incorporate the Trade Marks into the names of their goods or services unless they have a specific written agreement or licence from OpenCFD Limited permitting them to do so.
  9. Third parties must not incorporate the Trade Marks into any corporate, business or trading name.
  10. Third parties must not incorporate the Trade Marks into any domain name or sub domain.
  11. The Trade Marks must only be used in the same form in which they are registered. Third Parties must not shorten the Trade Marks, or create acronyms, or use different capitalisation in relation to them.
  12. Any and all uses of the Trade Marks by Third Parties otherwise than in accordance with this policy is expressly prohibited.
  13. This policy is not intended to be a definitive or comprehensive list of the proper usage of the Trade Marks, but only an abbreviated guide. OpenCFD Limited reserves the right to object to any use of the Trade Marks that it deems to be unlawful. OpenCFD Limited reserves the right to modify the terms of this policy from time to time without notice. Third Parties should regularly review this policy for any amendments.
  14. Any queries concerning the application of these guidelines should be submitted using our Other enquiries form.

Dated: 18 August 2009