FileMaker, Inc. has gained valuable intellectual property rights by the proper and continuous usage of Trademarks to identify its goods and services. If a Trademark is improperly used, its value can become diluted or generic. These guidelines have been developed for licensees and other third parties to answer common questions regarding the proper legal usage of FileMaker Trademarks and to prevent consumer confusion that can result from improper or illegal usage. It is important that you use and protect these marks properly by identifying these Trademarks in all of your promotional, advertising, instructional or reference materials, which are distributed to the public, or on your web sites, products, labels or packaging.
FileMaker Legal Department
FileMaker Trademark List*
FileMaker International Trademark List*
What is a trademark?
A trademark is a word, name, symbol, device, design, phrase, sound, or color adopted and used by FileMaker to identify its goods and services and to distinguish them from other goods and services. Trademarks are usually noted with a ™ or a ® symbol. In the United States, a trademark that is noted by a ™ is not registered with the United States Patent and Trademark Office, and a trademark noted with an ® has been registered with the United States Patent and Trademark Office. Trademarks, however, may also be registered internationally and each country has different laws regarding the proper notation of trademarks.
Referential Trademark Usage.FileMaker does not object to your making referential use of our trademarks or product names (but not logos) in marketing and promotional materials, books and other printed matter, conferences, applications, demonstrations, and on internet locations, provided such use complies with the guidelines set forth below:
- You adhere to the "Proper Use of Trademarks" section below.
- You ensure that your use of the FileMaker trademarks reflects favorably on FileMaker, its products and technologies; and you do not disparage FileMaker or its products and services.
- To avoid misleading the public, do not use FileMaker trademarks as part of your company, product or service name. In addition, FileMaker trademarks must not appear more prominently than your company title and logo.
- You include a trademark attribution notice giving FileMaker proper credit with regard to the ownership of its trademark(s). See the following section entitled, "Proper Use of Trademarks."
- You acknowledge in whole or in part that FileMaker is the sole owner of the trademarks and promise that you will not interfere with the trademark rights of FileMaker, including challenging FileMaker's use of, registration of, or application to register such trademarks, alone or in combination with other words, anywhere in the world, and that you will not harm, misuse, or bring into disrepute any FileMaker trademark. The goodwill derived from using any part of any FileMaker trademark exclusively inures to the benefit of and belongs to FileMaker.
Websites and Domain Name Usage.Web site domain names that include the term "FileMaker" combined with other distinguishing words, numbers or symbols, may use the word marks as part of the domain name provided that such use complies with the following requirements:
- You may not use any FileMaker trademark, including but not limited to the FileMaker name, as part of your company name, product name or service name. Also, you may not use any FileMaker trademark as the most prominent word in your domain name.
- The web site must serve to: a) promote products and/or services that are compatible with FileMaker products and technology; or b) serve as an informational forum concerning FileMaker products and technology.
- The web site does not create a sense of endorsement, sponsorship, or false association with FileMaker, its products or services.
- You include the following disclaimer of sponsorship, affiliation, or endorsement by FileMaker on your web site similar to the following: "(Company Name) is an independent entity and this web site has not been authorized, sponsored, or otherwise affiliated with FileMaker, Inc. FileMaker is a trademark of FileMaker, Inc., registered in the U.S. and other countries."
- The use of the FileMaker word mark on the web site complies with the guidelines set forth in the above "Referential Trademark Usage" paragraph and the following section entitled, "Proper Use of Trademarks."
- You may not use the word "filemaker", "filemakerpro" or any other FileMaker product name alone as a domain name (e.g., filemaker.xyz, filemakerserver.com).
Except for the limited right to use as expressly permitted under these terms, no other rights of any kind are granted hereunder, by implication or otherwise.
FileMaker does not review or specifically grant permission to use its trademarks in book titles, series titles, website titles, or other titles. Publishers should consult their own legal counsel regarding proper referential use of others' trademarks in their titles. Titles that refer to FileMaker trademarks are generally appropriate so long as: (1) the FileMaker trademark does not appear as the first word or otherwise as the most prominent part of the title; (2) the FileMaker trademark is not used in any other manner that might suggest FileMaker's affiliation, sponsorship, or certification (e.g., using FileMaker trademarks as part of logos, designs, or other graphics); (3) the book cover does not include any FileMaker logos, logotypes, icons, trade dress, or other designs; (4) the book includes a prominent disclaimer of association with FileMaker; and (5) FileMaker's trademarks are properly marked with the appropriate a TM or ® symbol and attributed to FileMaker.
FileMaker generally does not permit third party use of its logos, and you should not use them unless you have express written consent from FileMaker, Inc. For more information regarding use of FileMaker logos, please contact the FileMaker legal department via e-mail @ firstname.lastname@example.org.
Proper Use of Trademarks
Please comply with these guidelines when using FileMaker Trademarks. For all other countries, please use ™ instead of ® as FileMaker trademarks are not registered in every country.
- A trademark is always a proper adjective that describes a
specific person, place or thing. Use a FileMaker trademark as a
proper adjective (not a noun or verb) the first time it is used in
text. Never use a mark as a verb:
Correct: FileMaker® Pro software gives you powerful database features.
Incorrect: FileMaker® Pro gives you powerful database features.
Incorrect: You should FileMaker® all your data for easy IT management.
- The common way to designate a trademark is to place its symbol
(® or (TM)) after the adjective (trademark), before the noun it
modifies, and before the extension (such as "Pro" or the version
Correct: FileMaker® Pro software
Incorrect: FileMaker Pro® software
- Never Use Trademarks in a Possessive or Plural Form
Correct: FileMaker® Pro software lets you to customize your database.
Incorrect: FileMaker's flexibility lets you to customize your database.
Correct: FileMaker® Pro software can used throughout your business.
Incorrect: FileMakers can be used throughout your business.
- Never Hyphenate a Trademark
Correct: FileMaker® Pro software is a powerful relational database.
Incorrect: File-Maker® Pro software is a powerful relational database.
- Never Alter a Trademark
Correct: Use FileMaker® Pro software to organize your employee files.
Incorrect: FileMakerize® your employee files.
- Never combine two or more trademarks:
Correct: FileMaker® Pro database for Windows.
Incorrect: FileMaker® Pro Windows® database.
- Do not combine your marks or third party marks with any
FileMaker trademarks, either as the name or your product or in any
of your materials.
Correct: ABC Company's template for FileMaker® Pro software.
Incorrect: Use the ABC FileMaker® template.
Incorrect: Use the FileMaker® Widget template.
- You may not use any FileMaker trademark, including but not
limited to the FileMaker name, as part of your company name,
product name or service name:
Incorrect: The FileMaker Training Company
Incorrect: FileMaker Tools Company
Trademark Symbols, Credit Lines, and Trade Names
Proper trademark attribution through trademark symbols, credit lines, and trade names helps make the public aware of our trademarks, and helps prevent them from becoming generic terms. Credit lines also help clarify that they belong to FileMaker. Accordingly, FileMaker would appreciate you attributing ownership of FileMaker trademarks to FileMaker, Inc. by using trademarks symbols, credit lines, and trade names as outlined below.
Trademarks Symbols and Placement.On products, packaging, manuals, advertisements and promotional materials, use a trademark symbol ("®" or "™") with the most prominent appearance of a FileMaker trademark. These symbols must be used at least the first time a FileMaker mark is mentioned in the text (after the title). Thereafter, you do not need to use the trademark symbol. For example:
Introducing FileMaker Pro for Windows
The FileMaker® Pro database allows you to manage your information more effectively without having to learn complicated programming commands. FileMaker Pro is a very powerful database application.
Credit Lines.Credit lines should appear either at the beginning or end of your manuals, publications, or other materials. There are a few general rules to follow when preparing credit lines:
- You should not include trademark symbols (® or ™) or the extension (such as "Pro" or the version number) in the credit line.
- You should not include trademarks in the credit line if the trademarks do not appear in the materials.
Sample Credit Line: FileMaker is a trademark of FileMaker, Inc., registered in the U.S.and other countries. The file folder logo is a trademark of FileMaker, Inc.
Trade Names.Trade names are the actual business names of companies. trademarks and trade names are not the same, even though many companies use their trade names as trademarks. If you are using "FileMaker" as a substitute for FileMaker, Inc., you are using it as a trade name. Because they are nouns, trade names can be used in the possessive and do not require a generic term or a trademark symbol. Thus, you are not required to use a ® after "FileMaker" when it appears as part of the full corporate name or as a trade name. For example:
Corporate Name: This software was developed by FileMaker, Inc.
Trade Name: This software was developed by FileMaker.
Trade Name: FileMaker's latest software leads the industry.
Trademark: The FileMaker® database leads the industry.
Other Copy Guidelines
- You must not use any FileMaker trademarks, logos or designs other than those listed on the FileMaker trademark list as updated by FileMaker from time to time.
- You must not use FileMaker trademarks on any promotional merchandise (e.g. shirts, key chains, mugs, mouse pads, etc.).
- The size and placement of the FileMaker trademarks must emphasize clearly that you are an independent entity, and not part of FileMaker. In all cases, the visual affiliation between your company and FileMaker must clearly indicate the independent nature of the relationship between the two companies.
- You may not represent your company as "official," "exclusive," "approved," or "franchised" by FileMaker.
- Depiction of FileMaker products and services must be a fair representation of them as marketed and distributed by FileMaker. You may not use any FileMaker trademarks in any material, which contains subject matter, which FileMaker may deem, in our opinion, in poor taste. Further, you may not use the FileMaker trademarks in a manner or context that reflects unfavorably upon FileMaker or which will diminish or damage FileMaker's goodwill, in FileMaker's reasonable judgment.
- You must not make any claims about FileMaker, its products or services, other than presenting current information, which has been published by FileMaker.
- You are not authorized by FileMaker to use any other third party marks, even if they are used in connection with the FileMaker products or services.
The FileMaker trademarks are valuable property rights of FileMaker. Please treat them properly in accordance with the foregoing guidelines. Misuse of the FileMaker trademarks may subject you to trademark infringement or passing off claims.
Questions and Information
If you have questions or would like further information regarding FileMaker Trademarks, please contact the FileMaker Legal Department as follows:
FileMaker, Inc., Attn: Legal Department
5201 Patrick Henry Drive, M/S C-51
Santa Clara, California 95054
Fax: (408) 987-7460