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Repair common Windows errors and clear accumulated junk for a smoother, more stable PC - no reinstall needed.Free scan · no reinstallIf “Linux” is part of your own product, company, service, or other brand for Linux-based software goods or services, the Linux Foundation says you should apply for a trademark sublicense. Ordinary references—such as reporting, documentation, or factual compatibility statements—are generally treated as fair use instead. The Foundation currently describes the sublicense as free, worldwide, perpetual subject to termination, nonexclusive, and nontransferable. Apply through the official request page after reviewing the agreement.
First decide whether your use is trademark use
The Linux Foundation’s practical test has three parts:
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- Is the proposed name or identifier being used as a trademark or brand?
- Does it contain the adjacent letters “Linux,” regardless of capitalization? The Foundation also notes that phonetic translations in foreign characters may qualify.
- Does the mark identify software-related goods or services?
If all three answers are yes, apply for a sublicense. The Foundation says this can apply whether the mark is registered, whether the applicant charges money, and whether the product itself is free.
Examples that generally call for an application
- “Super Dooper Linux OS” as a product name
- “Real Time Linux Consultants” as a consulting brand
- A Linux distribution or Linux-based software product with “Linux” in its name
- A Linux deployment, support, or documentation service branded with “Linux”
- A company name that identifies software-related goods or services and includes “Linux”
Examples the Foundation generally treats as fair use
- A news article or technical guide that mentions Linux
- “Works with Linux” or another factual compatibility statement
- An informational reference to the Linux operating system or kernel
- Ordinary merchandise carrying a non-source-identifying statement such as “Linux® is the greatest!”
These are examples, not a universal legal safe harbor. The key distinction is whether “Linux” describes or discusses something, or instead identifies your own product or service. A domain containing “Linux” does not automatically need a sublicense; it may need one if the domain is also used as a trademark or brand. The Foundation does not control domain registration.
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Trademark permission is separate from software licensing
Copyright and open-source licenses govern rights such as copying, modifying, and distributing software. They do not automatically authorize use of the Linux trademark. The Foundation’s trademark policy explains this separation at its trademark-usage page. A project can comply with its software license and still need permission for a branded name.
What the Linux sublicense is
The published agreement identifies Linus Torvalds as the owner of the Linux mark and the Linux Foundation as the exclusive licensee authorized to sublicense it. For an approved applicant, the grant is worldwide, perpetual subject to termination, free, nonexclusive, and nontransferable. It permits use only for the mark, goods, and services identified in the application and approval statement.
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Approval is permission under those conditions—not certification, endorsement, registration approval, or a finding that your complete brand is clear of third-party rights.
How to apply
- Choose the exact mark. The application is for “Linux” combined with another element or word or words. Provide the complete spelling, capitalization, punctuation, stylization, logo treatment, and the full product, company, or service name. Do not plan to substitute a materially different name after approval.
- Describe the goods and services precisely. The request page asks for a full description of goods and, where applicable, services. Explain what the offering does, how it uses or incorporates Linux, whether it is software, hardware, a bundle, or a professional service, and where the mark will appear. Qualifying Linux-based services include services that deploy, document, facilitate use of, or enhance Linux-based goods.
- Review the agreement first. Read the Linux Sublicense Agreement before submitting. Its terms control the scope, attribution, transfer restrictions, prohibited claims, and termination events.
- Submit a separate application for each trademark. A company name, distribution name, product name, consulting brand, and hardware line are separate marks. Approval of one does not cover the others. Use the official application.
- Keep the approval record. The Application Approval Statement identifies the approved mark and authorized goods or services. Retain the application, statement, effective date, correspondence, and the exact approved descriptions in your trademark records.
- Implement the notice before launch. Add the required symbol and attribution to authorized goods and accompanying materials, then check every label, package, website, advertisement, and document against the approval statement.
Required attribution and presentation
Sublicense legend
For sublicensed use, the agreement requires this conspicuous legend on authorized goods and at least once near the title page of documentation or sales literature accompanying the authorized goods or services:
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The registered trademark Linux® is used pursuant to a sublicense from the Linux Foundation, the exclusive licensee of Linus Torvalds, owner of the mark on a world-wide basis.
The agreement allows a reasonable facsimile when space makes the full wording impractical. Contact the Foundation before using a shortened version if there is any doubt.
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Use the mark adjectivally
In a sublicensed brand, use “Linux” as an adjective followed by a generic noun: “Linux operating system,” “Linux distribution,” “Linux server,” “Linux consulting services,” or “Linux-based appliance.” The Foundation gives “Super Dooper Linux OS” as the acceptable pattern and says “Super Dooper Linux” is not. This naming rule concerns trademark presentation; ordinary technical prose can still use the word descriptively.
Place the registered symbol correctly
The agreement requires the first standalone reference to the Linux trademark in documentation and advertising to carry ®. The Foundation’s general guidance also calls for ® beside the first prominent appearance on each web page, advertisement, or publication. For ordinary references, include: “Linux® is the registered trademark of Linus Torvalds in the U.S. and other countries.”
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Claims and uses the sublicense does not authorize
- Certification or endorsement: Do not say or imply that the Linux Foundation tested, certified, sponsored, or approved your product, or that Linus Torvalds endorses it. The sublicense is not a quality, security, compliance, interoperability, or standards certification.
- Unapproved goods, services, or brands: The grant is limited to the approved mark and the goods or services identified in the approval statement. It is not a blanket license for future offerings, subsidiaries, renamed products, or unrelated merchandise.
- Trademark registration consent: The agreement cannot be used as evidence that the Foundation or Torvalds consents to registration of your mark, and it does not guarantee registration in any country.
- Exclusivity: The Foundation may grant another sublicense for the same or a similar combination. Your sublicense does not reserve a name or block competitors.
- Dispute resolution or brand protection: The Foundation does not resolve conflicts between trademark owners or promise to defend your mark. Clearance and enforcement remain your responsibility.
- Transfer: The grant is nontransferable. Assignment or transfer requires prior written consent.
- Tux or other project marks: Permission for the Linux word mark does not authorize Tux artwork, Linux Foundation logos, Kubernetes or other project marks, or certification badges. The Linux Foundation says Tux was created by Larry Ewing and is not owned by the Foundation; obtain separate permission for that artwork.
Term, termination, and corporate changes
“Perpetual” does not mean irrevocable. You may terminate with no more than 30 days’ written notice. The Foundation may terminate for material breach with 30 days’ notice; where a breach can be cured, the agreement generally provides a 21-day cure period, subject to its exceptions.
Automatic termination can follow bankruptcy or insolvency proceedings, an unauthorized sale, transfer, or encumbrance of the granted rights, a change of control, cessation of use in commerce, or a final trademark-office denial based on confusing similarity. If registration is finally denied on that ground, the agreement requires the sublicensee to cease and abandon use of the mark and its application within the stated period—no later than 30 calendar days after the denial—and the sublicense terminates automatically.
After termination, stop using the mark in commerce immediately and permanently, except for use that independently qualifies as fair use under applicable law. Review the agreement before an acquisition, merger, rebrand, product shutdown, or restructuring; do not assume the sublicense follows the business automatically.
Pre-launch compliance checklist
- Is “Linux” part of your own product, company, or service brand rather than merely a description?
- Does the offering provide Linux-based software goods or qualifying services?
- Did you submit the complete mark, including stylization, rather than “Linux” alone?
- Did you file a separate application for every mark you intend to use?
- Do your goods and services match the approval statement?
- Is “Linux” used adjectivally with a generic noun in the approved brand?
- Is ® placed at the first required appearance?
- Is the full sublicense legend on authorized goods and accompanying documentation?
- Have you avoided certification, endorsement, sponsorship, or quality claims?
- Have you obtained separate permission for Tux, logos, project marks, or badges?
- Have you reviewed local trademark clearance and registration issues?
When to contact the Linux Foundation or counsel
Ask the Foundation at [email protected] before launch when the use falls between descriptive and trademark use, the proposed name consists largely of “Linux,” you need a shortened legend, the product and company names differ, or the use involves logos, Tux, certification language, or a trademark-office objection. A trademark attorney or agent is particularly useful for clearance searches, registration, international rollout, acquisitions, and disputes. The sublicense itself is currently described as free, but professional legal and filing costs are separate.
The Foundation’s published terms are a practical guide, not jurisdiction-specific legal advice. Local trademark law can change the analysis of registrability, fair use, and conflicts even where the Foundation approves a sublicense.
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