[OSGeo-Board] FW: shirt logos

[Jennifer Daehler]

Hi,

I apologize for weighing in quite late on this.  Rich is correct --
you'll want to use the "TM" in superscript for now.  Using the "TM" lets
the world know that the organization considers its marks to be
proprietary and allows the organization to start to develop some
goodwill in the marks.  Eventually, if OSGEO obtains a registration for
its marks, then you'll switch to using an "(R)" in superscript.  

On the issue of registration: if the organization would like to pursue
it and funds permitting, my suggestion would be to register the word
mark "OSGEO" and (again, funds/desire permitting) the word mark "OPEN
SOURCE GEOSPATIAL FOUNDATION".  I'm less concerned about a logo
registration, especially to the extent that OSGEO or OPEN SOURCE
GEOSPATIAL FOUNDATION are an element of the logo -- I'd recommend just
continuing to designate the logo with a "TM" in superscript.

Very rough estimate of the fees to file one trademark in the U.S.
(including attorney time to prepare the application) are: $1100-1500.
This is just to file the application. Occasionally with some trademark
applications, you have problems with the trademark office objecting to
the mark or a third party opposing the application. If this happens,
additional fees will apply.  Based on what I've seen so far, I don't
have any reason to believe that a third party would oppose "OSGEO" or
the "OPEN SOURCE GEOPSPATIAL FOUNDATION" (our informal Google searches
came up very clean) but that is difficult to know in advance.  

Hope this helps!

- Jennifer



-----Original Message-----
From: rich at richsteele.org [mailto:rich at richsteele.org] 
Sent: Monday, July 10, 2006 3:50 PM
To: Gary Lang
Cc: mpg at lizardtech.com; board at board.osgeo.org; Jennifer Daehler
Subject: Re: [OSGeo-Board] FW: shirt logos

Quoting Gary Lang <gary.lang at autodesk.com>:

> Rich,
>
> Didn't we determine that a TM would be difficult to get/enforce for
this?

No, I believe the issue was more around expense -- i.e., it wasn't  
worth it to try and obtain a tm registration for the logo  
specifically.  Rather, we would focus energy around protecting the  
OSGeo name.  I discussed this with Jennifer at Autodesk awhile back  
and I'm not sure where the OSGeo registration stands.

This does not mean, however, that we cannot claim a trademark in the  
logo, only that we wouldn't seek federal registration for the mark.   
So we can (and should) still use a "TM" superscript on the logo, but  
not the "(R)" superscript (as this denotes a registered mark)


> --- Original Message ---
> From: "Michael P. Gerlek" <mpg at lizardtech.com>
> Sent: Mon 7/10/06 8:58 am
> To: "board at board.osgeo.org" <board at board.osgeo.org>
> Cc:
> Subject: [OSGeo-Board] FW: shirt logos
>
> Just fyi...
>
> Do we have a (TM) or (R) or whatever on the logo?
>
> -mpg
>
>
> -----Original Message-----
> From: Michael P. Gerlek
> Sent: Monday, July 10, 2006 8:58 AM
> To: 'pmarc'
> Subject: RE: shirt logos
>
> Paulo-
>
> Yes, that is the correct logo.  However, in general the use of it --
> especially in a for-profit context -- would require specific approval
> from the board.  (There are logo usage guidelines posted on the main
> site, I think.)
>
> -mpg
>
>
>> -----Original Message-----
>> From: pmarc [mailto:paulomarcondes at gmail.com]
>> Sent: Monday, July 10, 2006 5:50 AM
>> To: Michael P. Gerlek
>> Subject: shirt logos
>>
>> Michael,
>>
>> Is the file
>> https://visibilitycommittee.osgeo.org/files/documents/18/151/s
>> hirt_logo_2.eps
>>
>> the actual file used to produce our shirts?
>>
>> Can I use it to produce some shirts ? and sell with profit ?
>>
>>
>> --
>> Paulo Marcondes = PU1/PU2PIX
>> -22.915 -42.229 = GG87vc (http://www.amsat.org/cgi-bin/gridconv)
>> Debian GNU/Linux = http://rj.debianbrasil.org = http://www.debian.org
>>
>
> ---------------------------------------------------------------------
> To unsubscribe, e-mail: board-unsubscribe at board.osgeo.org
> For additional commands, e-mail: board-help at board.osgeo.org
>
>
>