MDL-77376 Licensing: Update trademark.txt

Update Trademark policy in TRADEMARK.txt to
be in line with advice from the Moodle HQ
legal team

TRADEMARK.txt

@@ -1,48 +1,66 @@
 MOODLE TRADEMARKS POLICY
 ========================
 
-The word "Moodle" is trademarked in many countries around the world. The word
-was originally coined as an acronym: Modular Object-Oriented Dynamic Learning
-Environment. The trademark is owned by Martin Dougiamas, Founder and Director
-of Moodle.
-
-The law obligates trademark owners to police their marks and prevent the use of
-confusingly similar names by third parties. Through this policy we’d like to
-make it clear how Moodle-related projects, organisations, and people can use
-the Moodle trademark. We’d also like to be clear about how use of the word is
-restricted when used to promote commercial Moodle services. We do this to
-protect the very business model that allows us to continue developing Moodle
-for you.
-
-Allowed uses
-------------
-
-The following uses don’t require any permission at all:
-
-* Referring to the software or the Moodle project.
-* Describing your own Moodle implementation (including within corporate
-  settings).
+The Moodle Trademark
+--------------------
+
+The brand and word "Moodle" has trade mark protection in many countries around
+the world. Various Moodle™ trade marks are owned by either Moodle Pty Ltd or
+one of its associated entities. The law obligates trade mark owners to police
+their trade marks and prevent the use of confusingly similar names by
+third parties.
+
+We have created a more concise and thorough set of Trademark Guidelines
+(https://moodle.com/wp-content/uploads/2023/02/Moodle-Trademark-Guidelines-2023-4.pdf)
+to help you understand how to comply with Moodle's trade mark requirements.
+The Trademark Guidelines will also assist our Moodle Certified Partners and the
+community to understand some of the principles that inform Moodle's stance
+whenever potential infringement has been detected by us or our community.
+
+We need to be clear about use of the word "Moodle" and how we restrict its use
+when promoting commercial Moodle™ branded services. The proper use of
+trade marks reliably assures consumers about the quality of the associated
+products or services and where they have been derived from. Because the
+Moodle LMS is made available under the open source ‘GNU General Public License'
+that permits you to modify the copyrighted software, the distribution of such
+modified software in combination with Moodle trade marks can potentially
+mislead others in the community. To be clear, the GNU GPL does not include an
+implied right or licence to use Moodle's trade marks.
+
+We do all this to protect the very business model that allows us to continue
+developing various Moodle software solutions for you.
+
+Allowed uses of "Moodle"
+------------------------
+
+The following uses don't require any permission at all:
+
+* Referring to the software or the Moodle project as the "Moodle™ software"
+  or the "Moodle™ project"
+* Describing your own implementation of the Moodle™ software platform
+  (including within corporate settings).
 * Describing a Moodle-based community hub.
-* Describing some software you’ve made that integrates with Moodle
-  (eg a Moodle integration feature on another system).
+* Describing certain software you've made that integrates with Moodle™
+  branded software (e.g. a Moodle™ integration feature on another system).
 
-Restricted uses
----------------
+Restricted uses of "Moodle"
+---------------------------
 
 The following uses are generally prohibited without explicit and direct
 permission being granted to you by Moodle Pty Ltd. We do this to protect the
-Moodle project from software and sites which could confuse people. Please
-contact us to ask for permission in writing.
-
-* You can’t use "Moodle" in the name of your software (including Mobile apps)
-* You can’t use "Moodle" in your company name
-* You can’t use "Moodle" in your domain name
-* You can’t use "Moodle" in advertising-related keywords (such as Adsense)
-* You can’t use "Moodle" to describe services around Moodle (such as hosting,
-  training, support, consulting, course creation services, theme development,
-  customisation, installation, integration and certification). This applies
-  even if you do not charge for the services. Note that usually only Moodle
-  Partners have this permission.
-
-For information about the Moodle Partner Certification Mark as well as for how
-to contact us, please see <https://moodle.com/trademarks/>.
+Moodle™ project from software and sites which could confuse people. If in
+doubt, reach out for clarification at <[email protected]>
+
+* You can't use the word "Moodle" or any Moodle logos for commercial purposes
+  without prior written permission from Moodle HQ.
+* You can't use "Moodle" in the name of your software (including Mobile apps).
+* You can't use "Moodle" in your company name.
+* You can't use "Moodle" in your domain name.
+* You can't use "Moodle" in advertising-related keywords (such as Adsense).
+* You can't use "Moodle" to describe services around Moodle
+  (such as hosting, training, support, consulting, course creation services,
+  theme development, customisation, installation, integration, analytics
+  and certification) that cause consumers to be confused that you are
+  associated with Moodle HQ if you are not.
+  This applies even if you do not charge for the services.
+  Note that usually only Moodle Partners have this permission.