X-Cart trademark use policy

1. Introduction

We at X-Cart love it when people talk about our products, build businesses around those products and produce more products and services that make life better for the end-users. We do, however, have trademarks, which we are obliged to protect.

This document outlines the policy of Qualiteam software Ltd (“Qualiteam”) regarding the use of its trademarks. Any use of any Qualiteam trademark must be in accordance with this policy.

Qualiteam owns a number of trademarks and these include:

  • X-Cart (registered in the US in both word and logo form)
  • LiteCommerce (not registered)
  • X-Payments (not registered)
  • X-Operators (not registered)
  • f-Commerce Go (not registered)
  • Although the most of these trademarks are not registered, the registration does not equal ownership of trademarks. This policy encompasses all marks, in word and logo form, collectively referred to as “Trademarks”.

    All trademarks, even those that apply to open source software, must be used according to certain legal requirements. If these requirements are not met, the trademark may be endangered or lost. One of these requirements is for the trademark owner (in this case, Qualiteam) to maintain standards for using its trademarks, and to enforce acceptable use of the trademarks by taking action against parties that violate those standards.

    Trademark law is mainly a way to protect the public, rather than the trademark holder. This means that uses of trademarks that confuse consumers – which in our case would include our developer and user community, or anyone else who might be likely to use Qualiteam’s software – are not permitted under law. As the owner of the trademark, we must be sure the mark is used properly, so the community is not confused. That is what we mean when we say that an unpoliced trademark may be endangered or lost. When the trademark no longer represents a certain level of quality to the community, or no longer indicates that we are the source of the products that bear the trademark, the trademark loses its value.

    Underlying Qualiteam’s trademark policy is a set of guidelines for what is – and is not – acceptable use of Trademarks. This policy describes the uses generally approved by Qualiteam for its Trademarks. However, if you violate this policy, or otherwise take actions that may compromise the goodwill or Trademarks, or expose Qualiteam to liability, Qualiteam may require you to cease all use of any Trademark, regardless of the uses allowed in this policy.

    2. General goals

    In general, we want the Trademarks to be used with minimal restriction to refer to the Qualiteam’s software products and services.

    We do not want these trademarks to be used:

    • to refer to any other software products or services not directly supplied and supported by Qualiteam
    • in a way that is misleading or may imply association of unrelated modules, tools, documentation, or other resources with the Qualiteam’s software products

    Uses that Never Require Approval

    Trademarks are subject to “nominative use rules” that allow use of the Trademark to name the trademarked entity in a way that is minimal and does not imply a sponsorship relationship with the trademark holder.

    For instance, stating accurately that software is X-Cart, that it is compatible with X-Cart, or that it contains the X-Cart application, is always allowed. In those cases, you may use the word “X-Cart” to indicate this, without our prior approval. This is true both for non-commercial and commercial uses.

    This clause overrides other clauses of this policy. However, if you have any doubts about your intended use of the trademarks, please contact Qualiteam.

    Uses that Always Require Approval

    Any commercial use of the Trademarks in product or company names, urls or domains names must be approved first by Qualiteam. Some uses, like calling a company “The X-Cart Company,” or a product “X-Cart Software” or “X-Cart Shopping Cart” will be refused. This is because they are overly broad, or confusing as to whether your product or organization is affiliated with or sponsored by Qualiteam.

    Any use of a derived (modified) logo for any commercial purpose must also be approved first by Qualiteam. We will generally be unable to do this, because of the confusion it may cause.

    How to Use the Trademarks

    Although many uses of Trademarks are governed by more specific rules, which appear in the examples below, the following basic guidelines apply to almost any use of Trademarks:

    • The name and logos should be used in the form provided by Qualiteam, and should be accompanied by a symbol “™” or a small TM <sup>”TM”</sup> (for unregistered trademarks) or by a symbol “®” or a small (R) <sup>”(R)”</sup>. This requirement is waived in all contexts where such marks are not normally included: email, online discussion, non-graphical advertisements (when permitted), and academic papers. We encourage the use of the symbol whenever possible, but recognize that many non-commercial and informal uses will omit it.
    • Try to give the Trademark distinctive graphic treatment wherever possible. The trademark should be set apart from surrounding text by using ALLCAPS, italics, emphasized or underlined fonts.
    • If the Trademarks are used in certain contexts, the similar statement should accompany its use: “X-Cart and the X-Cart logos are trademarks of Qualiteam corp. used by permission only.”
    • For websites and documentation this can be on a “legal statements” page. For brochures and published articles, this statement is optional. Otherwise it is not required. We encourage use of this statement, but recognize many non-commercial and informal uses will omit it.

    Examples

    We have specific rules for the following uses:

    • Use of the Trademark in text, or as text in 3rd party logos and trademarks
    • Use of one of the unaltered logo form of the Trademarks
    • Use of a logo derived from the Trademark
    Trademarks use caseSpecific rules
    Use of the Trademarks in company and URL namesAllowed only by prior written permission from Qualiteam.
    Use of the Trademarks when redistributing the trademarked software as part of a commercial applicationAllowed. If the standard version of the trademarked software is modified, this should be clearly indicated.
    Use of the Trademarks in the names of user groups and conferences that are free to join or attendAllowed if for programmers, developers or users. Other uses require permission from Qualiteam.
    Use of the Trademarks in the name of books or publicationsAllowed.
    Use of the the Trademarks on websites, brochures, documentation, and product packagingAllowed. Please follow the rules above about the use of the TM and (R) symbols.
    Use of the Trademarks in advertisementsAllowed in most cases by the nominative use rules described in the section “Uses that Never Require Approval” above. Other uses in ads only with prior permission by the Qualiteam.
    Use of the Trademarks in email and informallyAllowed without the TM or (R) symbol.
    Use of the Trademarks in academic papers, theses, and booksAllowed without the TM or (R) symbol. Books should include the symbol.
    Use of the Trademarks in another trademark Not allowed without prior written permission from Qualiteam, except as described above.
    Use of unaltered logos of the Trademarks on T-shirts, mugs, etc.Again, non-commercial uses to promote trademarked entities are allowed. Commercial uses (which includes any use where you sell these items for money) require permission from Qualiteam. Please reproduce our logos with the right colors and fonts; if you need help, contact Qualiteam
    Use of unaltered logos of the Trademarks on websites, brochures, and product packagingNon-commercial uses to promote the trademarked entities are allowed, as are all nominative uses as described in the section “Uses that Never Require Approval”. Any other commercial uses (this is where you sell any product that uses any of the Trademarks) require prior written permission from Qualiteam

    Derived logos must always be sufficiently different from the Trademarks to allow the community to tell the difference. For example, if you want to create a derived logo for a local X-Cart user group, you might be able to insert an unaltered X-Cart logo graphic into the local group’s name in a way that does not cause confusion. But confusingly similar derived logos are not allowed. This includes entwining Trademarks with other logos, or connecting them together in a confusing manner. Logos that simply change the colors or fonts are not allowed.


    Trademarks use caseSpecific rules
    Use of freely distributable derived logos as icons for files and executablesAllowed if used to refer to the appropriate Qualiteam’s software products. Commercial users should obtain permission before using derived logos as icons for proprietary file formats.
    Use of derived logos for user groups and conferencesAllowed if used to refer to the appropriate Qualiteam’s software products. Commercial user groups and for-profit conferences require permission from Qualiteam
    Use of derived logos for distributed 3rd-party modules or toolsUse of derived logos for commercial modules (this means if you sell the modules) and tools requires permission from Qualiteam.

    We recommend contacting Qualiteam for permission for all derived logos to avoid placing a confusing logo into widespread use. Contacting us is not a requirement for the specific non-commercial uses listed above, or when using freely distributable derived logos that have already been approved by Qualiteam. However, obtaining permission from Qualiteam is required in all other uses of a derived logo.

    3. Notes

    Qualiteam partners and website members do not receive any preferential treatment under this policy. However, if you think you may have used the Trademarks in the past in ways that would violate this policy, we recommend seeking permission. Although we are not generally in the business of suing for past infringement of our trademarks, Qualiteam does reserve the right to deny trademark use that violates this policy. Past use in violation of this policy does not confer a right to continue that use.

    4. Helping Out

    As a member of the Qualiteam community, please keep an eye out for questionable uses of the Trademarks. You can report potential misuse to the Qualiteam. We will evaluate each case and take appropriate action.

    For questions or comments please email [email protected]