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0016 — No trademark registration for the name

  • Status: accepted
  • Date: 2026-09-06
  • Deciders: @kalwei

Context

The project publishes under a product name that also appears as a domain, an organisation, a distribution and an MCP namespace. Registration costs money and attention that a pre-1.0 project run in evenings has little of. A search on 2026-09-06 found no conflicting mark, and a direct registry search on 2026-09-07 was clear.

Options considered

Option For Against
No registration; rely on common-law rights from public use free; using the name in public already establishes rights in the jurisdictions that matter here; nothing to renew no presumption of ownership in a dispute, and someone else could register it first
Register a word mark strongest position if a company ever forms around the name fees, classes and a multi-year process for a project with no revenue and no competitor for the name
Publish a TRADEMARK.md usage policy tells forks what they may call themselves a policy for a mark nobody is contesting reads as a warning to the first fork, which is the opposite of the licence's intent

Decision

No registration and no TRADEMARK.md. Public use of the name is the claim. This is revisited only if a company forms around the project or a competitor adopts the name, and either of those is a new decision record rather than a quiet filing.

Consequences

Easy: nothing to file, nothing to renew, and a fork is governed by the licence (0001) rather than by a naming policy. Hard: if someone else registers the name first, the project's position rests on evidence of prior public use — which is why the public repository, the package index entry and the documentation site all carry dates.

House rules touched

None.