Atomic trademark policy

The Atomic software is MIT licensed. The Atomic marks are not.

This split is intentional and it is the standard arrangement for open source projects that intend to remain open: the MIT licence gives away the code, and trademark keeps the name attached to software that genuinely comes from this project. You can fork Atomic Server, change it however you like, and sell it. You cannot call the result Atomic Server.

This document states project policy. It is not legal advice.

The marks

Mark	Type	Applies to
Atomic Data	word	the specification
Atomic Server	word	the server and its apps
Atomic Canvas	word	the infinite-canvas app
The ring-and-orb device	figurative	all of the above
Ontola	word	the company

Canonical artwork lives in brand/src/ and is the only approved source. Everything else in the repo is generated from it by node brand/generate.mjs — never trace, redraw or hand-edit a copy.

Owner: Joep Meindertsma / Ontola.io.

Permitted and restricted use

See brand/LICENSE for the operative terms. In short: referring to Atomic is always fine; shipping a modified build under our name is not. Permission requests go to joep@ontola.io.

Registration status

None of these marks are registered yet. Until they are, they are unregistered marks — enforceable in some jurisdictions on a use basis, but far weaker and more expensive to defend than a registration.

Practical notes for closing that gap:

• Use ™, not ®. ® is reserved for registered marks and using it before registration is itself an offence in several jurisdictions, including the EU and US. Switch only once a registration certificate issues.
• Where. Ontola is Dutch, so the realistic options are a Benelux registration via BOIP (cheapest, Benelux only) or an EU trade mark via EUIPO covering all 27 member states for roughly EUR 850+ per class. A US registration via USPTO matters separately if US customers are a target, since US rights are largely use-based and territorial.
• Which classes. For this business the relevant Nice classes are almost certainly class 9 (downloadable software) and class 42 (SaaS, PaaS, software design and development). Class 35 may matter if the marks get used for business/data services.
• Which marks to prioritise. The figurative ring-and-orb device is the strongest candidate — distinctive and clearly ours. Word marks built on "Atomic" are weaker, because "atomic" is close to descriptive in a data context and registries frequently refuse or narrow such applications. A composite mark (device + wordmark together) is usually the pragmatic way to get protection on the name.
• Keep evidence of use. Dated screenshots, release artifacts and this repository's history all establish first-use dates, which matter both for registration and for opposing later filings by others.

Getting this filed is a genuine business priority rather than a code change, and is worth a conversation with a Benelux/EU trade mark attorney before filing — a refused application is not refundable.