NyxBackup

Trademark Policy

nyxbackup.com Nyx Software, LLC, 7345 164th Ave NE, STE i145 - 1788, Redmond, WA 98052, USA support@nyxbackup.com

The marks

Nyx Backup™ is a trademark of Nyx Software, LLC, together with the Nyx Backup logo and the crescent device used with it. It is our primary mark: it identifies the product in commerce and is the name we defend.

Nyx Software is our company name. We also use it as a source identifier - “from Nyx Software” - and claim trademark rights in that use. A name used only to identify the business rather than its goods is a trade name rather than a trademark, and is protected on a different and narrower footing.

These are unregistered marks. We claim common-law rights in them arising from use in commerce. We use the ™ symbol, never ®, because ® may only be used with a mark registered with the USPTO; using it otherwise is unlawful and can obstruct a later registration.

First use

First use in commerce: 2026-09-19.

Recorded as the date the mark was in public use on a product available for purchase and download. An earlier date can be claimed if it can be evidenced - US practice distinguishes first use anywhere from first use in commerce, and the earlier of the two is what establishes priority. Keep the evidence with this file: the first sale record, a dated capture of the site from a third party such as the Internet Archive, and a dated screenshot of the product showing the mark.

Private development is not use of a mark, so the repository’s first commit is not the date and must not be claimed as one.

Using our name

You may use “Nyx Backup” without asking us in order to refer to the product truthfully. That includes:

  • reviews, articles, tutorials, comparisons and forum posts
  • stating that your software, service or hardware works with Nyx Backup
  • linking to our site or download pages
  • academic and journalistic discussion

When you do, please write it as Nyx Backup - two words, both capitalised - and use it as an adjective describing the product (“the Nyx Backup client”), not as a noun or verb (“a Nyx Backup”, “to Nyx Backup a folder”). Using a mark as a common noun is how marks become generic and stop being marks.

What needs our permission

Please do not, without written permission:

  • name your product, project, company, service or domain in a way that includes “Nyx Backup”, “Nyx Software”, or a name confusingly similar
  • use our logo, or a modified version of it, as your own
  • use the marks on merchandise, packaging or advertising
  • use them in a way that suggests we produce, sponsor, endorse or support something we do not
  • register the marks, or anything confusingly similar, as a trademark, domain name, social media handle, or app-store listing name

Open-source components

Some of our software is published under open-source licences. A licence to the code is not a licence to the name.

This is explicit in the Apache License 2.0, section 6: it grants copyright and patent rights, and expressly does not grant permission to use the licensor’s trade names, trademarks, service marks or product names.

So the Nyx Backup Recovery Tool being Apache-2.0 means you may fork it, modify it and redistribute it. It does not mean you may call the result “Nyx Backup Recovery” or anything confusingly close. Please rename a fork, and please make clear it is not produced by us.

We have no objection to a fork saying, factually, that it is derived from the Nyx Backup Recovery Tool.

Contact

Questions about trademark use, including requests for permission: support@nyxbackup.com