How to Gain the Benefits of Trademark Registration for Your Nonprofit

Establishing a strong brand identity is essential for any nonprofit. It fosters trust, and recognition, and goes a long way toward building support. Part of building that identity is establishing a visual and intellectual connection between your organization and those whom you want support from.

Trademark registration can be a powerful tool for accomplishing this, as it protects names, logos, and slogans from being used by anyone other than the trademark holder. When you register a trademark, you ensure your organization’s identity remains secure and distinguishable in a crowded landscape. Here is a closer look at how your nonprofit could benefit from establishing a registered trademark.

What is a Trademark?

A trademark is a form of intellectual property that protects symbols, words, phrases, logos, or designs used to distinguish the goods or services of one entity from those of others. Essentially, it serves as a brand identifier, helping consumers recognize and differentiate products or services in the marketplace.

Trademarks are most often used in the business world. However, nonprofits operate in a similar environment, which makes brand recognition and brand building just as important. Establishing a visual and intellectual identity for your organization is just as important as it would be if you were running a business.

Legal Protection for Brand Identity

Obtaining federal trademark registration through the United States Patent and Trademark Office (USPTO) grants your nonprofit exclusive rights to use the registered name nationwide for the goods or services associated with your nonprofit’s activities. This includes protection against infringement by others who might use a confusingly similar name, your organization’s logos, slogans, and other distinctive elements that are essential for recognition and reputation.

With a federally registered trademark, you have legal recourse to enforce your rights against infringers, potentially saving your nonprofit from costly legal battles and reputational damage. This includes the right to pursue damages, injunctions, or other remedies against individuals or entities that unlawfully use or misappropriate your nonprofit’s brand identity.

Benefits of Trademark Registration

There are many advantages to establishing a federal trademark for your nonprofit, including:

1. Ownership: Peace of mind comes from knowing that you have legal ownership of your mark. Nonprofits in another city, county, or state have to get your permission to use your mark (unless their use falls within “fair use”).
2. Make Money Through Licensing: A federal trademark can be used to generate another stream of income for your nonprofit. You can license the right to use your mark on other products in exchange for paying you a royalty. 
3. Get Paid for Improper Use of Your Mark. You have the right to sue someone for trademark infringement in federal court. They may owe you money damages if they use your mark without permission.
4. Get International Rights. Federal trademarks protect your mark within the United States of America. You need to apply for trademark rights in other countries. Owning a federal trademark helps build your legal case.
5. Improve Marketability. A federal trademark is considered intellectual property. Corporations or foundations want to make sure that you have exclusive rights to your brand. They do not want to risk spending money donating to a nonprofit only for it to get sued by someone else later.

Register Your Trademark

Before you can gain the benefits of a trademark, you have to register for one. The trademark registration process takes time and experience to navigate. However, the advantages that come with having a registered trademark are well worth the time and investment you put into the process. You may want to consider working with an attorney who specializes in nonprofit law to help you complete all the steps of the federal trademark registration process:

1. Conduct a Trademark Search. Search registered and pending trademarks on the United States Patent and Trademark Office (USPTO) website. You can do this on your own or work with an attorney to ensure there are no similar marks registered for related goods or services.
2. Prepare Your Application. Gather all necessary information and documents for the application. This includes details about your nonprofit and the mark you wish to register. Also, document the goods or services associated with it.
3. File Your Application. Submit your trademark application online using USPTO’s Trademark Electronic Application System (TEAS).
4. Respond to Office Actions. USPTO may issue an office action requesting more information or clarification. Prompt and accurate responses prevent delays in the registration process.
5. Track Your Application. Use USPTO’s Trademark Status and Document Retrieval (TSDR) system to see where your application is within the process. You can then respond to any updates or requests from USPTO.

Enforce Your Trademark

Upon trademark application approval, you will receive a registration certificate from USPTO. This document gives you official federal trademark protection. Once you receive this, you should move ahead with actively enforcing your trademark. This means:

Using the ® Sign

As a registered trademark owner, you can legally use the circle-R or ® symbol when you refer to your nonprofit. Use it in your logo files, text references to the trademarked language, and any communications that feature your brand identity. This is how you let others know that the brand is legally owned and protected. However, do not use the registered trademark symbol until you have officially registered your trademark. You could face federal penalties.

Keeping Track of Your Brand

Once you have registered your nonprofit’s name, sign up for a service that monitors trademark filings and online activity that can track the use of the name. Monitoring lets you know if anyone else is trying to infringe on your ownership rights. You can also sign up for free Google alerts that can tell you if someone is using your charity’s name on the internet. If you find instances of infringement, you can then take the appropriate legal action to safeguard your brand identity and your organization.

Maintaining Your Trademark

File maintenance documents and renewals with USPTO when necessary to ensure your trademark remains valid and enforceable. Federal-registered trademarks need to be renewed. Also, regularly assess for potential changes in your nonprofit’s activities. This can help you identify any updates or modifications needed to maintain the strength and relevance of your trademark.

Do You Need a Trademark if You Have Incorporated Your Nonprofit?

When you incorporate your nonprofit in your state, you take an important step toward establishing your organization as a legal entity. However, this process alone does not grant you exclusive rights to your nonprofit’s name or brand identity. Without federal trademark registration, your nonprofit’s name remains vulnerable to infringement by others, even if you’ve incorporated it in your state.

This means that someone else in another state can register the same name as your organization’s. If they have been using the name longer than you, they may have already acquired ownership rights to the name and may have to change the name of your nonprofit as a result.

Should You Invest in State Trademark Registration or Federal Trademark Registration?

Some nonprofits apply for a state trademark instead of paying for a federal trademark, thinking it will give them the same legal protection. Unfortunately, this isn’t the case. A federally registered trademark has more weight than a state trademark, which doesn’t provide legal protection outside the state it’s registered in.

Only federal trademark registration provides nationwide protection for a nonprofit’s brand, extending its reach beyond state borders. This is particularly important for nonprofits that operate or plan to expand their activities across multiple states or engage in national outreach campaigns.

Get Help with the Trademark Registration Process

Ready to take the next step in protecting your nonprofit’s brand identity? Consider working with a law firm that specializes in working with nonprofits looking to establish trademarks. By working with experienced trademark attorneys, you can navigate the trademark registration process with confidence, minimizing legal risks and maximizing the benefits of trademark protection for your organization’s long-term success.

Chisholm Law is here to make the trademark registration process go smoothly with expertise, personalized service, and strategic advice that can help protect your brand identity so you can focus on achieving your organization’s mission. Contact our team of experienced trademark attorneys today for a free consultation.

Don’t leave your brand vulnerable. Let us help you secure the legal protection your nonprofit deserves.