Do Non-Profit Organizations Need to Secure Their Trademark? Absolutely! Let's Explore.

In the mission-driven world of non-profit organizations, securing a trademark is vital to protecting your brand identity.

A federally registered trademark safeguards your organization's name, logo, and slogans, ensuring that your unique mission and values are clearly distinguished from others.

While it might seem complex, understanding and securing these rights can significantly contribute to your organization's integrity and recognition.

Let's explore why trademarks are essential for non-profits and how you can protect yours effectively.

But first — what are common law trademark laws, and are they enough?

Common law trademark rights are acquired through the actual use of a mark in commerce rather than through registration.

This applies to non-profit organizations and their for-profit counterparts.

These rights provide some degree of protection within the geographic area where the trademark is used.

However, common law trademarks have limitations; they don't offer the same level of protection or nationwide recognition that federal registration provides.

While common law rights can be useful, they often fall short of offering comprehensive protection against trademark infringement, especially if your organization operates in multiple regions or plans to expand.

Therefore, while common law trademarks are a starting point, they're generally insufficient for non-profits seeking robust and far-reaching brand protection.

Getting into detail: Understanding the difference between trademarks and copyrights

Trademarks and copyrights serve different purposes in protecting intellectual property.

Trademarks protect symbols, names, and slogans used to identify and distinguish goods or services in the marketplace.

They help ensure that consumers can identify the source of a product or service and prevent others from using similar marks that could cause confusion.

On the other hand, copyrights protect original works of authorship, such as:

• Literary,
• Musical,
• And artistic works.

Copyright protection gives the creator exclusive rights to:

• Reproduce,
• Distribute,
• Perform,
• And display the work and to create derivative works based on it.

While trademarks are focused on brand identity and consumer protection, copyrights are centered on protecting the creative expression of ideas.

Understanding these differences is crucial for non-profits to effectively safeguard their intellectual property and ensure they're using the correct form of protection for their needs.

Interested in filing a trademark? Learn more about our services in our article “An Overview of Trademark Services.”

The story of Make-A-Wish — understanding non-profit trademarks

The Make-A-Wish Foundation's journey began in 1980 with the wish of a seven-year-old boy named Chris Greicius, who was battling leukemia and wished to become a police officer.

This heartfelt wish inspired a community in Phoenix, Arizona, to come together and make it a reality, leading to the establishment of Make-A-Wish by co-founders, including Frank Shankwitz.

From these humble beginnings, Make-A-Wish has grown into a global organization, granting life-changing wishes to children with critical illnesses worldwide every 28 minutes on average​.

Trademarks have played a critical role in Make-A-Wish's growth and recognition. By securing trademarks for its name, logo, and related branding elements, the organization has protected its identity and mission from misuse and ensured that its services are clearly associated with its trusted brand.

This protection helps maintain the integrity of the organization and allows it to continue its mission of bringing hope, strength, and joy to children facing serious health challenges​​.

The Make-A-Wish story underscores the importance of trademarks for non-profits in building a reputable and recognizable brand that can effectively communicate and uphold its mission.

Down to brass tacks: What are the legal benefits of protecting your trademark?

Protecting your trademark offers several key benefits for non-profit organizations:

1. Brand recognition and trust: A registered trademark helps establish and maintain your brand's identity, ensuring that your name, logo, and other brand elements are exclusively associated with your organization. This builds trust and recognition among donors, volunteers, and beneficiaries​.
2. Legal protection: Federal trademark registration provides nationwide protection and the exclusive right to use the mark in connection with your services. This can prevent others from using similar marks that could cause confusion or dilute your brand's identity​.
3. Deterrence and enforcement: A registered trademark deters potential infringers from using your mark, signaling that you have legal rights and are prepared to enforce them. If infringement does occur, having a registered trademark makes it easier to take legal action and seek damages.
4. Expansion and fundraising: Protecting your trademark can enhance your organization's ability to expand into new regions and markets. It also adds value to your brand, which can be a critical asset in fundraising efforts and securing partnerships.
5. Asset value: A trademark is an intangible asset that can appreciate over time as your organization grows. This asset can be leveraged in various ways, including licensing agreements and collaborations​.

By securing a trademark, non-profit organizations can protect their brand, prevent misuse, and ensure their identity remains strong and recognizable, ultimately supporting their mission and operational goals.

Interested in registering your trademark? Book a free 15 minute consultation with one of our qualified trademark attorneys today.

But wait! How much does it cost to federally register my trademark?

The cost to federally register a trademark with the United States Patent and Trademark Office (USPTO) can vary depending on the specifics of your application. As of 2024, the basic cost structure includes:

• TEAS Plus: $250 per class of goods or services.
• TEAS Standard: $350 per class of goods or services.

These fees cover the application and initial processing. Additional costs may arise if there are objections or if you need legal assistance during the application process​.

Trademarkia offers services to help simplify the trademark registration process. Their pricing typically includes a service fee in addition to the USPTO fees.

As of the time of writing this, Trademarkia's basic package starts at $300 plus USPTO fees per class.

We also offer more comprehensive packages that include legal reviews and additional support.

You'll need to pay maintenance fees every ten years and between the 5th and 6th year during the first ten years.

While these costs can add up, investing in trademark registration provides valuable legal protection and peace of mind, ensuring that your organization's brand is protected against misuse and infringement.

Let Trademarkia simplify the process for you.

Navigating the trademark registration process can be complex and time-consuming, but Trademarkia is here to help.

With expert guidance and comprehensive services, Trademarkia simplifies every step, from the initial search to the final registration.

By using Trademarkia, you can ensure your application is correctly completed and submitted, reducing the risk of errors that could delay or jeopardize your trademark protection.

Whether you're a small non-profit just starting out or a well-established organization looking to protect your brand, Trademarkia offers tailored solutions to register your trademark online.