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Posted to general@incubator.apache.org by Ian Dunlop <ia...@gmail.com> on 2016/11/30 09:51:18 UTC
Trademark registration
Hello,
I saw the following on trademark registrations
http://www.apache.org/foundation/marks/register#register and wondered if
this was possible for incubator projects or only for those which have
graduated. Any ideas?
Cheers,
Ian
Re: Trademark registration
Posted by Shane Curcuru <as...@shanecurcuru.org>.
Legally the ASF could register the trademarks for podlings, once we have
the source code in our repo, but as a public charity it's not
appropriate for us to do so given the cost and fact that a podling may
fail to graduate[1].
Some podlings coming from companies have existing registrations, which
the donor must formally transfer to the ASF before graduation; we will
then maintain the registrations ourselves for that TLP.
Trademark rights in the US and some countries come from use in commerce:
publicly using the name or logo in association with software for
download means you can use \u2122 on the trademark and claim it. Registering
gives you other abilities, but is not required.
We have a comprehensive list of trademark resources, many of which are
useful for any FOSS project:
https://www.apache.org/foundation/marks/resources
In particular see "How To: Request Registration of Your Project Name".
- Shane
[1] This is an issue of both cost and trademark ownership. Registered
trademarks are legal assets; as a US non-profit 501C3 organization we
can't really give assets like that away except to another 501C3 in most
cases. For unregistered trademarks it doesn't much matter; if a podling
fails to graduate we don't keep any claim over the trademark.
Greg Stein wrote on 11/30/16 5:14 AM:
> Podlings are not part of the Foundation (yet), so cannot get trademark
> registrations.
>
> The Trademark/Brand peeps will assist with looking at the future
> possibility, post-graduation.
>
> On Wed, Nov 30, 2016 at 4:00 AM, Stian Soiland-Reyes <st...@apache.org>
> wrote:
>
>> On 30 November 2016 at 09:51, Ian Dunlop <ia...@gmail.com> wrote:
>>> I saw the following on trademark registrations
>>> http://www.apache.org/foundation/marks/register#register and wondered if
>>> this was possible for incubator projects or only for those which have
>>> graduated. Any ideas?
>>
>> I think it makes most sense for graduated projects; a podling project
>> is not guaranteed to graduate from the Incubator and might choose to
>> say move to a GitHub-only model. This could then require a project
>> rename beyond removing "Apache", as ASF would have the trademark
>> registration and there might not be a new legal entity to move the
>> trademark to.
>>
>> But that said, I don't think there's anything stopping such a
>> registration for podlings - not sure if policy-wise that would need to
>> include "(incubating)", which perhaps would look odd in a trademark.
>>
>>
>> --
>> Stian Soiland-Reyes
>> http://orcid.org/0000-0001-9842-9718
>>
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>> To unsubscribe, e-mail: general-unsubscribe@incubator.apache.org
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>>
>>
>
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Re: Trademark registration
Posted by Greg Stein <gs...@gmail.com>.
Podlings are not part of the Foundation (yet), so cannot get trademark
registrations.
The Trademark/Brand peeps will assist with looking at the future
possibility, post-graduation.
On Wed, Nov 30, 2016 at 4:00 AM, Stian Soiland-Reyes <st...@apache.org>
wrote:
> On 30 November 2016 at 09:51, Ian Dunlop <ia...@gmail.com> wrote:
> > I saw the following on trademark registrations
> > http://www.apache.org/foundation/marks/register#register and wondered if
> > this was possible for incubator projects or only for those which have
> > graduated. Any ideas?
>
> I think it makes most sense for graduated projects; a podling project
> is not guaranteed to graduate from the Incubator and might choose to
> say move to a GitHub-only model. This could then require a project
> rename beyond removing "Apache", as ASF would have the trademark
> registration and there might not be a new legal entity to move the
> trademark to.
>
> But that said, I don't think there's anything stopping such a
> registration for podlings - not sure if policy-wise that would need to
> include "(incubating)", which perhaps would look odd in a trademark.
>
>
> --
> Stian Soiland-Reyes
> http://orcid.org/0000-0001-9842-9718
>
> ---------------------------------------------------------------------
> To unsubscribe, e-mail: general-unsubscribe@incubator.apache.org
> For additional commands, e-mail: general-help@incubator.apache.org
>
>
Re: Trademark registration
Posted by Stian Soiland-Reyes <st...@apache.org>.
On 30 November 2016 at 09:51, Ian Dunlop <ia...@gmail.com> wrote:
> I saw the following on trademark registrations
> http://www.apache.org/foundation/marks/register#register and wondered if
> this was possible for incubator projects or only for those which have
> graduated. Any ideas?
I think it makes most sense for graduated projects; a podling project
is not guaranteed to graduate from the Incubator and might choose to
say move to a GitHub-only model. This could then require a project
rename beyond removing "Apache", as ASF would have the trademark
registration and there might not be a new legal entity to move the
trademark to.
But that said, I don't think there's anything stopping such a
registration for podlings - not sure if policy-wise that would need to
include "(incubating)", which perhaps would look odd in a trademark.
--
Stian Soiland-Reyes
http://orcid.org/0000-0001-9842-9718
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