In so far as trademark law is concerned, a nonprofit can use its trademark on any type of goods or services. Trademark laws do not distinguish between the goods or services that are provided for revenue generation or not.
Can a charity register a trademark?
“As a charity, we don’t need to spend money on trade mark registration.” As a charity, your brand may be your most valuable asset. … Protect it with a trade mark registration, it is a cost effective way of giving your brand legal protection from others using it.
Do I need to trademark my nonprofit name?
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.
Who can own a trademark?
The application must state the trademark owner’s legal name and whether the owner is an individual, sole proprietor, corporation, partnership, LLC, or other entity type. The owner of the trademark is the person or entity that controls the nature and quality of the goods/services provided under the trademark.
Can a trust own a trademark?
A trademark owner can include but is not limited to individuals, partnerships, corporations, limited liability companies, sole proprietorships, trusts, estates etc. … As the trademark owner, you must ensure that you control use of the mark and specifically control the quality of the goods or services.
Can two charities have the same name?
Your charity name must not: be the same as or similar to another charity. use words you do not have permission to use, such as trademarks or famous names.
Can a charity have the same name as a company?
(A charity can only have one main name.) We have a duty to enter a charity’s main name in the Register of Charities so long as the charity has validly adopted it. We have a legal power to direct trustees to change a main name in certain circumstances.
Can non profits have the same name?
Under California naming restrictions, a name used for a corporation (non-profit or otherwise) will not prevent the same name from being used on an LLC (non-profit or otherwise) and visa versa.
Can nonprofits own IP?
Though a nonprofit may own patents or federally registered copyrights and trademarks, that ownership, in and of itself, will not generate revenue. Instead, it is incumbent upon the nonprofit to not only police its intellectual property, but to also seek opportunities via licensing arrangements to generate income.
Is trademark and copyright the same thing?
Copyright protects original work, whereas a trademark protects items that distinguish or identify a particular business from another. Copyright is generated automatically upon the creation of original work, whereas a trademark is established through common use of a mark in the course of business.
What Cannot be registered as a trademark?
Section 13 and 14 of the Act provides that trademarks containing specific names cannot be registered. Trademarks which have a word that is commonly used of any single chemical element or chemical compound in relation to a chemical substance or preparation cannot be registered.
Is an LLC a trademark?
There are many different types of legal entities that can own a trademark. The most common that we see, and also the simplest, are LLCs and corporations. Usually, a LLC or corporation develops a mark to identify itself as a source of goods or services.
Should I or my LLC own my trademark?
If you have already incorporated or formed an LLC for your business, you should register your trademark under the umbrella of the corporation or LLC. And if you are considering incorporating or forming an LLC but haven’t gotten around to it yet, you should do so before registering any trademarks.