Questions about the SCA J TC Proposed Charter

[Robin Cover <robin@oasis-open.org>]

A question has arisen about the Proposed Charter for the SCA J TC [1];
it's been requested that I seek clarification on this list.

The Name of the proposed TC as given in the "PROPOSED CHARTER FOR
REVIEW AND COMMENT" (1. Normative information, a) is:

OASIS Service Component Architecture for Java(tm) (SCA J) Technical Committee

The Charter text also states (following the References, and apparently
at the end of Section "2. Non-normative information regarding the
startup of the TC") that:

Java and all Java-based trademarks are trademarks of Sun
Microsystems, Inc. in the United States, other countries, or both.

Now... The OASIS Technical Committee Process [2] specifies in "Section
2.2. TC Formation" that the name of a TC designated in a Charter
may not "include any trademarks or service marks not owned by OASIS."

   (1)(a) The name of the TC, such name not to have been previously
   used for an OASIS TC and not to include any trademarks or service
   marks not owned by OASIS. The proposed TC name is subject to TC
   Administrator approval and may not include any misleading or
   inappropriate names. The proposed name must specify any acronyms
   or abbreviations of the name that shall be used to refer to the TC.

Also... according to the IPR Policy (Section 5.3 Trademarks) [3]

   Trademarks or service marks that are not owned by OASIS shall not
   be used by OASIS, except as approved by the OASIS Board of Directors,
   to refer to work conducted at OASIS, including the use in the
   name of an OASIS TC, an OASIS Committee Specification or OASIS
   Standard, or incorporated into such work.

Questions:

1. Does OASIS have ownership of the Java trademark?

2. If so, by what means has ownership of the Java trademark
   been conveyed to OASIS or otherwise established?

3. If not, has the OASIS Board of Directors granted an
   exception according to the rules of IPR Policy Section 5.3?

4. Independent of the answers to questions in #1-#3 above (and
   assuming that the legal requirements for owhership were to
   be met according to the rules of TC Process Section 2.2),
   is deemed necessary that the *official name* of the TC
   be spelled using the symbol "(tm)" [ Java(tm) ] -- or
   (e.g.,) would it be sufficient to arrange for use of
   the symbol "(tm)" just in the Charter Section 1.b
   "Statement of Purpose"?

Thanks for clarifications.

Robin Cover

=========  References:

[1] http://lists.oasis-open.org/archives/tc-announce/200707/msg00003.html
    Proposed Charter for OASIS Service Component Architecture for
    Java(tm) (SCA J) Technical Committee - 4 of 6

[2] http://www.oasis-open.org/committees/process.php#2.2

[3] 5.3 Trademarks
    With respect to CONTRIBUTIONS
    http://www.oasis-open.org/who/intellectualproperty.php#contributions