Open Source Collective can become the registered keeper of your domain name, trademark or other classes of asset.
As the legal entity that represents your project, we can hold assets like web domains, trademarks, and more on your behalf.
Open Source Collective uses Google as our domain registrar. Transferring a domain to Google costs $15. Renewal costs will vary depending on the top-level domain. All costs are charged to your Collective.
Transferring a domain to Open Source Collective
To initiate a transfer of a domain to our registrar, please reach out to [email protected]
Transferring a domain to Open Source Collective will require you to 'unlock' the domain with your current registrar and share an authorization, transfer, EPP, or 'REG-ID' code with us.
From there we will import your current configuration and migrate the domain to our registrar.
Using a CDN
It is recommended that you use a CDN like CloudFlare to manage your domain. This enables Open Source Collective to act as the domain owner while you maintain your own domain's DNS configuration.
If you have not done so already we recommend that you set your domain's nameservers to those provided by your CDN before initiating a transfer.
If you wish to change nameservers we will update the domain records on request. Contact [email protected]
Open Source Collective will endeavor to update your domain's configuration as necessary but, as detailed above, we prefer that your organization remain in control of day-to-day configuration through a CDN provider like Cloudflare.
Having a trademark registration does not prevent someone from forking the code and publishing it under a different name.
Open Source Collective can work with you to register new trademarks and transfer existing trademarks to our protection.
Open Source Collective can also work with you, through our Open Source IP counsel, to notify those who infringe marks and, if necessary begin proceedings against abusers.
Costs for registering, transferring, and protecting marks are to be covered by the Collective. The costs below are indicative of a typical registration but might vary slightly. All costs will be billed to your collective:
US Single application for name and/or logo US (one class; price increases $250 for each additional class): $1200
Trademark transfer - preparing assignment of single, already registered US trademark and recording assignment with the USPTO (the price of recording increases by $25 for each additional trademark): $350
Non-US trademark(s) transfer or registration: Please contact [email protected] for a quote.
A trademark ensures that users can identify where a particular piece of software came from and who built it, which is an important tool for building trust and reputation in your project.
While open source software is created to be shared and modified, a modified version should not also be characterized as equivalent to the original through using the same name.
A trademark registration will help you stop those who try to exploit your work, perhaps by creating products and services around it or by redistributing your work and attempting to pass it off as your own.
Trademark protections are typically renewed on a five-year (first renewal) or ten-year basis. Unless otherwise notified we will renew your trademarks and invoice your Collective when needed. If you Collective does not have sufficient funds to renew we will notify you as soon as possible and work with you to establish a successor or let the trademark lapse.
OSC Open Source Collective does not monitor trademarks for infringement. If you believe your trademark is being infringed we recommend that you contact the individual or organization in the first instance. If the infringement occurs on a platform like GitHub, Twitter, or Facebook you can ask support that the works are removed from their services.
If you have attempted to contact those involved, and you have been ignored or rebutted, feel free to contact us at [email protected] and we will notify our legal counsel who can provide legal advice, write a cease and desist letter or bring an appropriate action in court.
Please note that costs of legal counsel will be covered by your Collective.
Leaving Open Source Collective
If you are moving to another fiscal sponsor or starting your own entity, and that entity meets certain criteria, we can transfer your trademarks over to it (the criteria are determined by what we’re allowed to do by law as a US 501(c)(6) nonprofit, e.g. we can’t usually transfer assets to a for-profit proprietary company).
If the project is shutting down completely, or you don’t have a successor entity that we are allowed to transfer assets to, we will allow the trademarks to lapse.