Should Your Nonprofit Register a Trademark?

Registering a nonprofit trademark might seem unnecessary. It is easy to assume that having a common law trademark will protect your brand. But this is not the best course of action. Here's why.

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should your nonprofit register a trademark

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Updated on: February 23, 2024
Read time: 3 min

Never overlook the importance of your nonprofit's name. A trademarked name identifies and distinguishes a brand from others and helps the public identify the source of goods or services. The identifiable name of a nonprofit can mean the difference between a successful fundraising campaign with unsolicited donations and a failed financial endeavor that is operating in the red. Don't leave your nonprofit trademark unregistered and at the mercy of chance.

Registering a trademark for a nonprofit

Common law trademark rights

It is not always necessary to register a trademark to have legal protection. Protection comes from using the trademark in the course of business, not from the registration of the trademark. If your nonprofit has a name or logo that is used regularly, you already have common law trademark rights in the geographic region where you use the trademark unless another organization previously registered the mark. For example, if your nonprofit uses its name to do business in California, you have a common law trademark.

The trademark does not have to be registered for common law rights to apply. Common law trademark rights belong to anyone who can prove they actually used it first in commerce. If your nonprofit plans on doing business beyond your geographic area, you will want a federally registered trademark to secure your brand. Registering a trademark protects it in all 50 states, even if your nonprofit is not currently doing business in every state.

On the flip side, if another company previously registered the trademark—even if they were not using it in California—your nonprofit could face legal trouble in the form of trademark infringement. Trademark infringement can be avoided during the due diligence phase of name selection.

Benefits and costs of registering a trademark

Registering a nonprofit trademark provides extra protection, added benefits, and enforceable rights. Some of the legal benefits of registering a trademark for a nonprofit include:

  • Protection. The trademark will be legally protected in all 50 states.
  • Expansion. Expanding beyond the local region will be possible.
  • Exclusive rights. From the registration date, the nonprofit will have exclusive rights to the trademark even in locations where it doesn't do business.
  • Dispute resolution. With a registered trademark, you have solid proof of ownership and rights.
  • Access to federal courts. In the event of trademark infringement, a nonprofit will have access to the federal court system to stop the infringement.
  • Damages, legal costs, and fees. When a trademark is registered, the owner could be awarded damages that resulted from the infringement, any profits that the infringer made as a result of using the registered trademark, and legal fees and costs.

Registering and maintaining a trademark comes with a high price tag. Before registering a trademark, a thorough search is required. This should be done by a professional who knows what they are looking for and where to look. Then you have the application filing fees and maintenance fees. Hiring an attorney to handle the application and maintenance process, which is ongoing, could be the best option but also adds more cost. And in the case of trademark infringement—and if a cease and desist letter or legal enforcement is required—you will encounter attorney fees.

Registering a trademark does not come cheap. If your nonprofit has a small budget or is just starting out, it may seem attractive to go the common law trademark route. However, going through the effort and cost of registering a trademark from the onset can save a lot of time, hassle, and legal trouble later on.

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This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.

81 days ago
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Jose is the best.

Jose was very friendly and knowledgeable. He was able to answer my questions and provide me information of next steps to secure my trademark.

Cheryl Cooper
84 days ago
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The knowledge the agent possessed was…

The knowledge the agent possessed was super beneficial to rectify the situation I was having with my trademark. Very professional!

Craig Schsrfman
100 days ago
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Trademark work is great and effecient

Edit from my previous feedback and why i decided to give them 5stars they deserved: LegalZoom's support team was excellent—they addressed my concerns promptly and delivered a great outcome. I truly appreciate their help and want to give a shout-out for an outstanding customer service experience.

Trademark
99 days ago
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Thanks for being so helpful in the…

Thanks for being so helpful in the assist of getting my Trademark filed. -Patrick

Patrick Thompson
106 days ago
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Kevin was able to help me understand…

Kevin was able to help me understand the process needed for filing a trademark. He was clear in his answers and stayed on the phone to help walk through the onboarding.

Asiyah Lites-Rasheed
124 days ago
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Excellent Serviceed them for a trademark application

Used them for a trademark application. Excellent service. Knowledgeable staff. I would absolutely use them again. Probably save thousands by going through them.

Eric Hertz
151 days ago
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Estee was super helpful!

Estee helped me navigate the tricky trademark process. Highly recommend her!

Greg
151 days ago
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Very good and focused answers

I got a very good and focused answer to my trademark questions. Definitely makes me see LZ as the place to go with my legal questions. A+

Chip Humitz
155 days ago
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Help with trademark

Got exactly what I needed to register my trademark

Luci Bromberg
161 days ago
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I had a consultation with an attorney…

I had a consultation with an attorney through LegalZoom concerning the trademark process. and she was very patient and professional. She answered my questions and helped with the ones I had difficulty asking. I appreciated that

Isiah Jones ,jr.
180 days ago
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Strong support for trademark

The trademard support by Nick Belcastro has been excellent.

John Kirk Boyd
187 days ago
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Excellent service

Excellent service! Extremely knowledgeable and helpful in reviewing all the next steps in the process for filing the trademark with LegalZoom.

Brian Mayer
222 days ago
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Excellent Staff/Services

"LegalZoom made trademark filing for my company a breeze. Their system was incredibly user-friendly, and I was impressed by the professionalism of the staff. My attorney was not only knowledgeable but also took the time to answer all my questions and clearly explain the entire process. I felt confident every step of the way. I will definitely use their services again!"

Hedda
218 days ago
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Register Trademark using LegalZoom

The attorney assign to us did an amazing job by answer all our question in a friendly, timely and professional way. The attorney helps by giving us information to mange our account to register our Trademark.

wiltrey sanders
227 days ago
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Excellent experience with Legal Zoom

I have been looking to get my business trademark for a while now and I finally decided to try out Legal Zoom. I had an excellent experience with customer service ready to assist me through the process. The price is much more affordable than going through law offices. I highly recommend to anyone looking to get a trademark.

TheAlphabetshop
229 days ago
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Legally create your trademark with LegalZoom in 2025 and The Years to Come

The lawyer that assigned to me was not only professional and friendly, but patience beyond measure. All questions answered and additional information given to me as well for future services. This call gave me the reassurance I wanted and needed to continue using LegalZoom for future endeavors, and referring my community/platform to do the same.

Kali Harris
246 days ago
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Trademark Process Made Easy

My LegalZoom Trademark attorney, Asha was extremely professional, friendly and knowledgeable. She answered all my Trademark questions and made this process so easy. I felt like I was in good hands.

Virtually Debbie
253 days ago
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Trademark

Right now I use everything Legal Zoom has to offer and I'm so very happy with everything, especially the Trademark process. They were absolutely the best! Highly recommend!!

NicoleK
Rated4.6out of 5 based on23,886+ reviewson

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