Could Someone Steal Your Organization's Name?

Nonprofits dedicate their time and resources to making a positive impact, but many may be overlooking a critical step that could protect their organization’s identity: trademarking their name. Failing to do so can leave your nonprofit vulnerable to legal disputes. 

Case in point: I have a friend who runs a nonprofit organization. The director of one of their partner organizations surreptitiously trademarked my friend's nonprofit’s name and threatened to send a cease and desist letter to her that would require her organization to change its name…a name they have used for over 50 years. This startling move made me realize the vulnerability in much of the nonprofit sector for this sort of attack. Certainly, my nonprofit organization’s name isn’t trademarked (no one ever thought of it), and I bet most other small to mid-sized organizations aren’t either. It behooves all directors to consider securing a trademark for their nonprofit’s name and/or signature programs to avoid costly and disruptive battles. 

Why Trademarking Matters

Trademarking protects your nonprofit’s name, logo, signature program(s), or slogan from being used by others. For nonprofits, a trademark can safeguard your identity and prevent others from exploiting the goodwill and reputation you've built. Without this protection, another entity could register your name and force you to rebrand, which could confuse donors and harm your reputation​.

Moreover, having a registered trademark gives you legal recourse if another organization attempts to use your name or a confusingly similar one, which could dilute your brand and misdirect potential donations​.

The Trademark Process

1. Conduct a Trademark Search: Before applying, it's essential to conduct a comprehensive search to ensure your name isn't already in use. This search typically involves checking the United States Patent and Trademark Office (USPTO) database to confirm the uniqueness of your nonprofit’s name​.

2. File a Trademark Application: Once the search confirms your name is available, you can file a trademark application with the USPTO. This requires submitting detailed information about your nonprofit and evidence of your name’s usage.​

3. Review and Approval: The USPTO will review the application, which can take several months. During this time, you might be required to address any concerns or answer questions from the examiner​.

4. Maintaining the Trademark: After approval, you must maintain your trademark with regular filings to ensure continued protection. Failure to do so could result in losing your trademark rights​.

Costs Involved

Trademarking costs can vary, but typically, USPTO fees for filing a trademark application range from $250 to $350 per class of goods or services. Additional costs for legal help or dealing with any issues during the process could increase these expenses. However, the long-term benefit of securing your nonprofit's identity far outweighs these initial costs​.

While the trademarking process may seem daunting, it is a vital step for nonprofits that want to protect their name and mission. Securing a trademark for your nonprofit ensures that the brand and goodwill you’ve worked hard to build remain in your control, preventing others from benefiting at your expense. This proactive step helps to safeguard your nonprofit’s future, allowing you to focus on your mission with peace of mind.