📝 Update Ts&Cs; Trademark costs & responsibility [due Sep 15] #271
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| # Trademark Management and Costs Policy | ||
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| The Commonhaus Foundation (CF) manages all CF-owned trademarks, including registration, maintenance, and protection of these Marks. | ||
| CF coordinates these activities and establishes how related costs are handled in this policy. | ||
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| - [Scope](#scope) | ||
| - [Responsibilities](#responsibilities) | ||
| - [Costs](#costs) | ||
| - [Covered Costs](#covered-costs) | ||
| - [Typical Costs (as of February 2025)](#typical-costs-as-of-february-2025) | ||
| - [Payment Responsibility](#payment-responsibility) | ||
| - [Coordination and Approval](#coordination-and-approval) | ||
| - [Related Policies](#related-policies) | ||
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| ## Scope | ||
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| This policy applies to: | ||
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| - All CF-owned Marks, including project names, logos, and other brand elements. | ||
| - All projects under CF fiscal sponsorship. | ||
| - Any individual or organization authorized to use a CF-owned Mark. | ||
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| ## Responsibilities | ||
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| CF retains sole ownership of all Marks associated with its projects. | ||
| It coordinates all registration, renewal, and enforcement activities, and all trademark-related actions must be handled through CF’s designated legal or administrative contacts. | ||
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| Projects are expected to report any potential filings, misuse, or infringement to CF and must not take independent action. | ||
| They must use Marks in compliance with the [Trademark Policy](./trademark-policy.md) and [Trademark Guidelines](./trademark-guidelines.md). | ||
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| ## Costs | ||
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| ### Covered Costs | ||
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| Trademark-related costs may include: | ||
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| - Registration and application fees. | ||
| - Renewal fees. | ||
| - Legal fees for protection and enforcement. | ||
| - Costs of monitoring for infringement. | ||
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| ### Typical Costs (as of February 2025) | ||
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| - **U.S. Single Trademark Registration** — $1,200 USD | ||
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Contributor
There was a problem hiding this comment. define if that's per year or a one time fee
Member
Author
There was a problem hiding this comment. Not per year, but at registration time (lasts for x years). Renewal has a separate cost. |
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| - Covers one trademark (name or logo) in one category (class) | ||
| - Additional category: +$350 USD | ||
| - **U.S. Trademark Transfer** — $350 USD | ||
| - Transfer of a single, USPTO-registered U.S. trademark to CF | ||
| - Additional trademark in same filing: +$25 USD | ||
| - **Non-U.S. Registration or Transfer** — Varies by jurisdiction | ||
| - Contact CF for a quote | ||
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| **Disclaimer:** These amounts are typical costs based on current legal counsel rates and government fees. Actual costs may vary. CF will confirm the applicable costs during the quote process before work begins. | ||
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| ### Payment Responsibility | ||
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| Projects are expected to help ensure there are sufficient funds to maintain any registered trademarks associated with their work. | ||
| Trademark-related costs are normally paid from the Project’s restricted fund under its [Fiscal Sponsorship Agreement](../fiscal-sponsorship/terms-and-conditions.md). | ||
| Sponsors may also choose to cover these costs on behalf of a Project. | ||
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| CF retains legal representation for trademark matters. | ||
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| The cost of ongoing legal availability (such as a standing retainer) is managed by CF, while any specific legal services beyond this baseline are treated as trademark-related costs and are charged to project funds as described above. | ||
| To reduce expenses, CF may coordinate grouped filings or renewals where practical. | ||
| CF does not ordinarily cover trademark expenses; any CF-funded costs require prior approval by the CF Council. | ||
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| Projects must coordinate all trademark-related legal work through CF’s designated contacts. | ||
| If a Project does not ensure sufficient funds are available, CF may use its own funds to maintain a registration or may allow it to lapse, at its discretion. | ||
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| ## Coordination and Approval | ||
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| All trademark-related expenses must be coordinated with CF before commitment or payment to ensure: | ||
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| - Compliance with applicable law. | ||
| - Protection of CF’s ownership rights. | ||
| - Alignment with project and Foundation budgets. | ||
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| Trademark legal work follows a quote process: | ||
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| - CF will provide an estimate for the work based on its legal counsel’s rates and applicable government fees. | ||
| - The project (or its sponsor) must approve the estimated cost before work begins. | ||
| - Invoices for approved work will be charged to the project’s restricted fund or paid directly by the sponsor. | ||
| - Costs provided are estimates; actual amounts may vary. CF will confirm the final applicable costs before commitment. | ||
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| ## Related Policies | ||
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| - [Trademark Policy](./trademark-policy.md) | ||
| - [Trademark Guidelines](./trademark-guidelines.md) | ||
| - [Fiscal Sponsorship Agreement](../fiscal-sponsorship/terms-and-conditions.md) | ||
| - [Asset Transfer Agreement](../asset-transfer-agreement.md) | ||
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