Open Source Trademark Policy

Background

HashiCorp® is committed to facilitating the adoption and use of its products and services, including through distribution of a variety of open source software products. Ensuring proper use is a critical part of maintaining the strong association with quality, efficiency and reliability for which HashiCorp products and services are known and relied upon by our community. Accordingly, this document establishes general policies for the use of HashiCorp trademarks to enable and ensure proper use of our brands by others. If you’re working with us on specific a project or initiative, please contact us directly to discuss the specifics of how these rules apply to that particular project or initiative. Otherwise, the following basic rules apply.

An important note about Trademark Law

It is important to understand that these policies build on a variety of principles established by trademark law, including what trademarks are, how they are established, maintained, diluted, and lost, and what is meant by nominative fair use and likelihood of confusion. There are many resources on trademark law and usage available online that may be helpful, including through the United States Patent and Trademark Office. The Apache Foundation also provides a good summary of basic trademark law principles in its trademark policy, which is located online at: https://www.apache.org/foundation/marks/#principles. Our trademark policy is modeled on the policies established by the Apache Foundation.

As a trademark owner, we have the right and responsibility to control the use of our marks by other organizations to prevent confusion in the market. HashiCorp’s various software products and related services must be clearly distinguishable from other vendors’ software and services and—particularly where open source software products are concerned—from products and services that may be derived from HashiCorp products and services.

Basic Guidelines

You may only use HashiCorp marks to identify HashiCorp and HashiCorp products and services in a way that is accurate, not misleading, and not disparaging of HashiCorp, its products or services, personnel, communities, or users. You may not modify our marks (which would include logos, taglines and slogans), or combine them with other marks, or use them as a part of a larger mark, or adopt or use any mark, that is confusingly similar to, misleading, or applies any affiliation with or endorsement by HashiCorp. You may not use the HashiCorp corporate logo without express written permission from HashiCorp.

Here are some examples as to how our marks can and cannot be used:

  • You must use the full mark and not truncate, abbreviate, create acronyms, or otherwise shorten the mark

  • Do not create products or merchandise featuring HashiCorp marks

  • Ensure there is adequate white space separating HashiCorp product logos from other content

  • Use the most current versions of HashiCorp product logos

  • Do not use the same styles or design elements from HashiCorp logos in your own logos

  • Do not modify the color, background, rotation, angle, aspect ratio, or other attribute of any logo

  • Do not reduce below a size where the logo is readily identifiable

  • When using HashiCorp marks, use an appropriate attribution and proprietary rights notice, such as: [Mark] and the [Logo name] are trademarks of HashiCorp.

  • For additional details, please see our branding guidelines at https://hashicorp.com/brand

Nominative Fair Uses

In order to accurately identify HashiCorp products and services, it may be necessary to call them by name. When that name is a HashiCorp trademark, this practice is known as a “nominative fair use” of that trademark. The basic rules for nominative fair uses include that you must be accurate and not misleading, that such fair use generally extends only to use word marks, and that you should not use the marks more prominently or frequently than necessary. We do not consider uses that fail to comply with the rest of this policy to be permissible fair uses of our trademarks.

Examples of permitted nominative fair uses of HashiCorp word marks:

In order to accurately identify HashiCorp products and services, it may be necessary to call them by name. When that name is a HashiCorp trademark, this practice is known as a “nominative fair use” of that trademark. The basic rules for nominative fair uses include that you must be accurate and not misleading, that such fair use generally extends only to use word marks, and that you should not use the marks more prominently or frequently than necessary. We do not consider uses that fail to comply with the rest of this policy to be permissible fair uses of our trademarks. Examples of permitted nominative fair uses of HashiCorp word marks:

  • "You can download HashiCorp’s Terraform Community project source code under the Mozilla Public License at https://github.com/hashicorp/terraform."
  • "Derivative works of HashiCorp’s Vault Community software and support services for those derivative works are available under my own trademarks at my website. "

    • Remember that you may not apply a trademark to your derivative works of Vault Community software that is confusingly similar (in sight, sound or meaning) to "Vault" or "HashiCorp" or the Vault graphic logo trademarks
    • Remember also that you may not refer to a derivative work you create by its HashiCorp trademark – you may refer to it only as “a derivative work of,” “derived from”, or “based on,” the HashiCorp mark in a manner that makes it clear that the product is in a form other than as provided by HashiCorp.
    • Finally, note that in such cases, you must also comply with all the applicable requirements of the license under which you received the applicable HashiCorp software.
  • "HashiCorp’s Consul software outperformed XYZ Co’s distributed service networking layer software in several metrics in our benchmarking tests–view the results at www.mysite.com/benchmarktests.“

  • I recommend (or don't recommend) HashiCorp Nomad software for your business."

  • "This is the graphic logo for HashiCorp’s Partner Network program."

It is important to note that while some uses of trademark may qualify as nominative fair use, others are simply infringing. Where use of a trademark creates a risk that the relevant consuming public will be confused or mistaken about the source of a product or service, then the likelihood of confusion exists, creating a potential infringement.

Using HashiCorp Trademarkes in software product branding

In general, you may not use HashiCorp trademarks in your own software product branding. However, in specific situations, and only where appropriate to your particular use case, you may use conventions like “Powered By”, “Compatible With”, or “for the [product] platform”, so long as you also follow the rest of these usage guidelines.

Using HashiCorp product and project graphic logos

Graphic logos are an important part of our brand and are a visual and symbolic cue with which HashiCorp products and services are identified and remembered. Examples of logos are the Terraform stylized T, and the Vault stylized triangle. Those graphic logos are uniquely associated with our software and our open source projects.

We currently allow (without separate permission required) the use of the current versions of the graphic logos for our open source projects on your own website, so long as they are used only to identify and hyperlink to main page of the specific HashiCorp project website (or to www.hashicorp.com). All other uses of our logos must be approved in writing by HashiCorp’s marketing division.

Please note that the graphic logos associated with our open source software products are not licensed to the public under the applicable open source license. Much like trademark law does not allow you to apply any "confusingly similar" word mark software if a relevant consumer would likely be confused by that use of that derivative logo, both copyright law and trademark law prevent you from adopting or applying a confusingly similar logo (including any derivative work of a HashiCorp logo).

Users that are not allowed

The following uses of HashiCorp trademarks violate our policy, and are probably infringing:

  • Branding products and/or services in a manner that is confusingly similar to HashiCorp branding
  • Providing software or service offerings consisting of official HashiCorp-distributed software or services under alternative names
  • Using company names that may be associated in customers’ minds with HashiCorp or its trademarked project software
  • Claiming HashiCorp approval or endorsement of products and/or services

Using HashiCorp Trademarks in domain names

You may not use HashiCorp trademarks in your own domain names. Please realize that the use of our trademarks in your domain names is generally not considered "nominative fair use" because the domain name refers to the offerings on your website, rather than merely being used to identify our products and services.

We need your help

Maintaining the strength of the HashiCorp brands is good for the entire community. If you become aware of another company misusing HashiCorp marks or using them in a way that is confusingly similar, violates these policies, or is otherwise inappropriate, please let us know by writing to us at legal@hashicorp.com. If you hear from us about your use of our trademarks, please take prompt corrective action – and if you have questions or concerns about our requests, we’d appreciate hearing back from you so we can work together to address them. You may send those inquiries to trademark@hashicorp.com.

Disclaimer

Our intent with this policy is to ensure HashiCorp marks are not misused, and to maintain a clear distinction in the market between HashiCorp and its products and services, and the products and services of others. Nothing in this policy shall be deemed or interpreted to grant any license, or to allow any third party to claim any association with or endorsement by HashiCorp, or to indicate or imply any approval or support by HashiCorp for any third party products or services, whether or not derived from HashiCorp products or services. We reserve the right to amend this Trademark Policy, including any permissions within it, at any time.