Use of Abitti Trademark
Abitti and the Abitti logo are EU trademarks registered by the Ministry of Education and Culture and governed by the Finnish Matriculation Examination Board (hereafter FMEB) under the codes 015833742 and 015838915.
Although FMEB publishes software under open source licenses, individuals and companies do not have the right to use the name or brand their products “Abitti,” or to use the FMEB’s trademarks in any way on their products or in related advertising, except under certain limited circumstances. Doing so would cause confusion among examinees undertaking FMEB exams, because they may believe they are using a product produced or sponsored by FMEB even if it is a product of another party altogether. To address this issue, FMEB has developed the following guidelines for the use of FMEB’s trademarks. These guidelines are designed to serve both consumers, to ensure that they know the source of the products they use, and companies and other interested parties, so that they can avoid improperly generating confusion in the marketplace.
A. Use of the Brand “Abitti”
You may not use “Abitti” or any confusingly similar mark as a trademark for your product, or use “Abitti” in any other manner that might cause confusion in the marketplace, including in advertising, on auction sites, or on software or hardware. The only way to obtain permission to use FMEB’s trademark is by a written signed license agreement between FMEB and the licensee. Absolutely no exceptions. If you are a consumer of a product that contains the Abitti trademark, and you believe it is not an official product of FMEB, please contact email@example.com.
B. Use of the Abitti Logo
The Abitti logo may not be used on any products without FMEB’s express written permission. The only way to obtain permission to use FMEB’s trademark is by a written signed license agreement between FMEB and the licensee. Absolutely no exceptions. If you are a consumer of a product that contains the Abitti logo, and you believe it is not an official product of FMEB, please contact firstname.lastname@example.org.
C. “Plays On Words” And Other Actions
That May Cause Confusion Are Also Prohibited
That May Cause Confusion Are Also Prohibited
There is no connection between the word “Abitti” and digital exams other than the association created by the FMEB. FMEB has created this association by spending time and money to establish goodwill in its products, services and trademarks. As a result, you may not use the word “Abitti”, words with similar connotations or pronunciations, or other words that may cause confusion in the market as a trademark for your products.
D. “Fair Use” of Abitti
A key element in evaluating “fair use” use of FMEB’s trademarks is whether the use is likely to cause confusion in the marketplace as to the source or sponsorship of a product. The word Abitti can be mentioned in marketing so long as the statement is truthful and not misleading, does not imply an improper association with or sponsorship by FMEB and otherwise complies with applicable laws.
Marketing claims such as “Abitti Compatible” to suggest that the product in question is suitable for Abitti use would amount to impermissible use of FMEB’s trademarks, as this gives the impression of approval by FMEB for the product. Instead, explanatory text such as “[The product] has been tested and found functioning with version ABITTI1945C of Abitti, provided that an external USB-c adapter is used.” can be used.
Publishing and Marketing Software Derived from Abitti.devAbitti.dev is a collection of many different software programs, developed both by FMEB and other members of the open source community, which FMEB gathered and built to create the Abitti.dev. All software programs included in Abitti.dev are released under open source licenses. FMEB makes Abitti.dev software available via free download on the Internet through our GitHub site. As a licensee under the applicable licenses, you have the right to make changes to Abitti.dev software and can market and distribute those changes according to the terms of the license. Those changes may include making modifications to certain portions of the software, adding new components that were not included by FMEB, or removing components that were included by FMEB.
Once you have made changes to the software, it is no longer the same as the original, and as a result, it is inappropriate to name it or brand it as though it is.
You may not name or brand your product “Abitti”, or use the Abitti trademarks in any way, either on your product or in related advertising. You must use a different trademark for your product that will not cause confusion with the trademarks of FMEB, will not indicate or imply that your product originates from or is sponsored or approved by FMEB, and which otherwise complies with applicable trademark laws. Please also refer to the guidelines for use of the brand “Abitti” and for plays on the words “Abitti”.
FMEB encourages you to take full advantage of your rights under the copyright licenses with respect to the software. However, it is important that our examinees and the public at large are easily able to determine which products are published by FMEB and which products are not, including modifications of Abitti.dev software, distributed by parties unaffiliated with FMEB.