On Tuesday, June 11, 2019 at 2:49:31 PM UTC+3, Jeremy Rowley wrote:
> We wanted to experiment a bit with logotype extensions and trademarks, but
> we heard from the CAB Forum that whether inclusion is allowed is subject a
> bit to interpretation by the browsers.
> 
>  
> 
> >From the BRs section 7.1.2.4
> 
> "All other fields and extensions MUST be set in accordance with RFC 5280.
> The CA SHALL NOT issue a Certificate that contains a keyUsage flag,
> extendedKeyUsage value, Certificate extension, or other data not specified
> in section 7.1.2.1, 7.1.2.2, or 7.1.2.3 unless the CA is aware of a reason
> for including the data in the Certificate. CAs SHALL NOT issue a Certificate
> with: a. Extensions that do not apply in the context of the public Internet
> (such as an extendedKeyUsage value for a service that is only valid in the
> context of a privately managed network), unless: i. such value falls within
> an OID arc for which the Applicant demonstrates ownership, or ii. the
> Applicant can otherwise demonstrate the right to assert the data in a public
> context; or b. semantics that, if included, will mislead a Relying Party
> about the certificate information verified by the CA (such as including
> extendedKeyUsage value for a smart card, where the CA is not able to verify
> that the corresponding Private Key is confined to such hardware due to
> remote issuance)."
> 
>  
> 
> In this case, the logotype extension would have a trademark included (or
> link to a trademark). I think this allowed as:
> 
> 1.    There is a reason for including the data in the Certificate (to
> identify a verified trademark). Although you may disagree about the reason
> for needing this information, there is a not small number of people
> interested in figuring out how to better use identification information. No
> browser would be required to use the information (of course), but it would
> give organizations another way to manage certificates and identity
> information - one that is better (imo) than org information.
> 2.    The cert applies in the context of the public Internet.
> Trademarks/identity information is already included in the BRs. 
> 3.    The trademark does not falls within an OID arc for which the
> Applicant demonstrates ownership (no OID included).
> 4.    The Applicant can otherwise demonstrate the right to assert the data
> in a public context. If we vet ownership of the trademark with the
> appropriate office, there's no conflict there.
> 5.    Semantics that, if included, will not mislead a Relying Party about
> the certificate information verified by the CA (such as including
> extendedKeyUsage value for a smart card, where the CA is not able to verify
> that the corresponding Private Key is confined to such hardware due to
> remote issuance). None of these examples are very close to the proposal.
> 
>  
> 
> What I'm looking for is not a discussion on whether this is a good idea, but
> rather  is it currently permitted under the BRs per Mozilla's
> interpretation. I'd like to have the "is this a good idea" discussion, but
> in a separate thread to avoid conflating permitted action compared to ideal
> action.
> 
>  
> 
> Jeremy

Jeremy is correct - including strongly verified registered trademarks via 
extensions in EV certs is permitted (i.e., not forbidden) by BR Section 7.1.2.4.
 
Confirming registered trademarks (whether logos, word marks, or both in a 
combined mark) to include in an EV cert would be very easy for a CA.  Here are 
the steps:

1. Complete EV validation of the Organization
2. Applicant sends CA its USPTO logo or wordmark Registration Number and SVG 
file of logo to include in EV cert
CA validates:
(a) Confirm logo and/or wordmark is registered to Organization in USPTO online 
data base, and
(b) Compare USPTO image with SVG file received to confirm they are the same 
logo.
3. CA inserts (a) name of Trademark office with the logo and/or wordmark 
registration, (b) the Registration Number, and (c) the SVG file in the EV 
certificate to be available to browsers and applications to display if desired.

Adding validated logos to EV certificates has the benefit of allowing browsers 
and apps to choose to display the logo (with registered word mark, if desired) 
in the UI, and would solve the concern that some have expressed that users 
don't always recognize the corporate name of a familiar brand when it's 
displayed in the current EV UI.  For example, consider the EV website of the 
food chain "Subway" - www.subway.com.  The current EV UI shows "Franchise World 
Headquarters, LLC [US]" which is correct but not very friendly for users.

What if instead a browser or app displayed the verified trademark and/or word 
mark owned by Subway?  See these two records from the US Patent and Trademark 
Office:

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4804:6juyuh.2.20

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4804:6juyuh.2.14

Adding strongly verified marks to EV certificates would be a great advance, and 
is something that enterprises very much want.  They believe that identity 
information verified by a trusted third party (such as a CA) protects their 
customers and protects their brand.  They would very much like logos to be 
included.

Let's work together cooperatively on this project to resolve any issues.
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