Trademark application flow chart

This is a page concerning a policy or procedure in development.
Once fleshed out, we'll consider it for adoption as official policy at Free Geek.

The following chart shows several straightforward steps to be accomplished by the applicant. We should have a paragraph explaining each step and why it is important, and point to resources for accomplishing that step.

We expect reporting to the franchise list (or somewhere else?) during this process, so we can identify problems as they develop and point people in a useful direction. (Once ongoing status is achieved, regular reporting would continue. But while this process is happening, the reporting would likely be more interactive and less formatted.)

Overview

Caveats:

• untested
• some of these steps could happen in a slightly different order
• some steps may be missing still
• not completely decided which steps are optional and which are mandatory
• definitions below may need tweaking, and most need further explanation

Definitions and links

Checklist

A checklist of criteria that assure the Intergalactic that the applicant is on track to becoming an actual Free Geek.

Free Geek Principles

The six principles that govern what a Free Geek actually is. All applicants must understand these and agree to them in order to use the Free Geek trademark.

Red Flags

A list of common problems we have seen that would need addressing or would block an applicant from becoming an actual Free Geek.

Provisional Trademark Use Application

The first of two applications, designed to demonstrate that an applicant understands what a Free Geek is, knows a bit about how much work it entails, and wants to actually do that.

Conditional Status

When the Intergalactic has formally decided that the applicant is very near to provisional status, but there are a few outstanding issues. At this stage the Intergalactic can allow the applicant to use the name dependent upon certain stated conditions.

Follow-up Questions

Questions asked by the Intergalactic of the applicant designed to address red flags during the initial application phase.

Provisional Status

The Intergalactic has formally decided that the applicant may use the Free Geek name with no outstanding issues. The applicant understands what they're getting into and will develop a plan for achieving ongoing status.

Progress Reports

The provisional Free Geek must report regularly about their progress towards achieving ongoing status.

Mission Statement

The provisional Free Geek must supply a mission statement that defines what they will be doing and that meets the Free Geek Principles.

Business Plan

An overall plan for establishing standard Free Geek activities, including funding, volunteer recruitment, acquisition of space, etc.

Vendor List

A list of vendors that the provisional Free Geek will be doing recycling business with.

Articles of Incorporation

Paperwork filed with the state or province establishing a legal entity as a non-profit.

Bylaws

Formal rules filed with the state or province that govern the provisional Free Geek's decision making system, etc.

Charity Status

Status granted by the government that could allow certain tax benefits to the provisional Free Geek. In the US, the government agency is the IRS and charity status is governed by section 501(c)(3) of the IRS code.

Acquire Space

In order to carry out its activities, a provisional Free Geek must eventually acquire space (through purchase, donation, or a rental agreement) in order to carry out its activities.

Final Application for Trademark Use

When all the above steps have been completed, the provisional Free Geek should apply for ongoing status, and the Intergalactic must review this application.

Ongoing Status

The Intergalactic has formally decided that the applicant may use the Free Geek is actually carrying out standard Free Geek activities according to the Principles .

Status Reports

The Free Geek must report regularly about their activities, showing measurable evidence that they are adhering to the principles.

Some detailed steps

You don't need to use the Free Geek name to do a lot of the great things we're trying to do. But in order to use the name legally you must follow our principles and maintain a level of transparency. And you have to apply to use our trademark. This process is broken down into getting Preliminary status, then Ongoing status, and then maintaining that status. The process summary is as follows. Start getting the word out that you're trying to start a Free Geek. You aren't an official Free Geek yet. Get Preliminary status from us. This means we allow you to incorporate using "Free Geek" as part of your name. Incorporate and apply for tax non-profit status according to your jurisdiction. (In the US this is likely a 501(c)(3) tax status). This could take some time. Get ongoing status as a Free Geek. This will give you legal status to continue to use the Free Geek name. All Free Geeks continue to maintain our principles, transparency and work consensually to improve them.

Every object has a number and a detailed description below. The following steps are to be taken in order by a startup. Each step must be completed and found sufficient by the review committee before the next step is begun.

1. Even if your organization's plan is to maximize on reuse (ours is, too) or to focus on software, you will receive electronic waste. Please provide us with a general list of types of electronics that will be accepted and an exhaustive, detailed plan on how they will be dealt with, especially hazardous waste. The list should include but not be limited to: CRTs, motherboards, etc. You DO NOT need to be a recycler, but at this point you need a plan for waste removal. Coming up with a plan for dealing with CRT monitors in a responsible way will be a crucial point here. The greater plan will be the result of considering as many options as possible and going with the most responsible options. Please note, you do not need to be a Free Geek to call around. We recommend getting in touch with the Basel Action Network ( http://www.ban.org ) for some help with that research. Startups that are not interested in or cannot come up with a comprehensive plan for dealing with their e-waste will not make it past this point.

2. Please develop a health & safety plan that will be relevant to your proposed area of service that deals with hazardous waste and the possibility of environmental contamination. For an example, check out our Safety policy.

3. Please explain why your community needs a Free Geek. Please note: in order for your organization to be a Free Geek, it needs to satisfy the Free Geek Principles. As a non-profit, it next satisfies the public will. Staff, volunteers and members of the community will be on equal ground when making decisions. This is called a non-hierarchical system and a group that does not work this way is not a Free Geek.

4. Imagine that you have a lot of volunteers and two of them aren't getting along. One of them has requested that the other be asked to leave the organization. Please outline some possible scenarios through which your organization could handle this request and how does it demonstrate the decision-making program, various committees, if any, that you have in mind to start out with. Please demonstrate that you understand the elements of the decision-making process that are unique to non-hierarchical democracies.

5. If steps one through three have been adequately done, Free Geek will formally grant preliminary status for your startup. The startup must follow the steps outlined in the preliminary status page in order to keep the name, or it will be revoked.