Your nonprofit's name, logo, and slogans are more than just branding—they're valuable assets that should be protected and strengthened. Taking the right trademark steps can prevent legal issues, maintain your brand's credibility, and ensure long-term success.
Here are 10 essential trademark best practices to help safeguard your nonprofit's identity:
1. Apply for Federal Trademark Registration with the USPTO
Filing a trademark application with the U.S. Patent and Trademark Office (USPTO) secures nationwide protection for your nonprofit's name, logo, and slogans. A federal registration gives you a legal presumption of ownership, helps prevent others from using similar names, and gives you the right to bring a lawsuit in federal court.
2. Cover All Relevant Goods and Services in Your Application
When registering a trademark, include all the programs, services, and activities your nonprofit currently provides—or plans to offer in the near future. Thinking ahead ensures your registration fully protects your brand and prevents others from claiming rights in areas where you may expand in the near term (noting that in order to obtain a registration, the mark will need to be in use).
3. Keep Your Trademark Registrations Updated
As your nonprofit grows and evolves, so should your trademark protection. If you add new programs, fundraising campaigns, or digital services, make sure your trademarks cover these changes. Regularly review your registrations to see if they need to be amended and/or if new applications need to be filed to cover expanded goods and services.
4. Use the Correct Trademark Symbols
Using trademark symbols correctly reinforces your legal rights and deters unauthorized use. Use ™ for unregistered marks and ® once your mark is officially registered with the USPTO. Adding these symbols to your website, marketing materials, and legal documents signals that your brand is protected.
5. Ensure Proper Use of the ® Symbol
Use ® only after your trademark is officially registered, and only in connection with the specific goods and services listed in your registration. If your nonprofit has multiple trademarks, double-check that the ® symbol is applied only to the ones that are registered at the USPTO.
6. Monitor the USPTO Database for New Trademark Filings
Regularly check the USPTO trademark registry to spot new applications that might conflict with your name or logo. If a similar mark is filed, you can oppose the registration before it is registered and potentially becomes a bigger issue. Consider setting up a trademark watch service to stay informed of potential conflicts.
7. Enforce Your Trademark Rights in the Marketplace
Be proactive in monitoring how your trademark is being used online, in social media, and by other organizations. If you see unauthorized use of your mark or something confusingly similar, address it early—whether through educational outreach, cease-and-desist letters, or legal action. Consistently enforcing your rights ensures your nonprofit's brands remain distinct.
8. Establish Clear Guidelines for Licensees and Affiliates
If you allow chapters, members, or partners to use your trademark, provide clear use guidelines to maintain consistency. Set up formal agreements that outline who can use your trademarks, how they should appear, and what approvals are needed. Regularly review compliance to ensure proper use.
9. Maintain Continuous Use of Your Trademarks
Trademark rights are based on active use in commerce. Even if a program or initiative slows down, find ways to keep using the mark—such as on your website or promotional materials—to maintain legal protection. If your nonprofit ever needs to pause use, consider filing for excusable nonuse to preserve your registration.
10. Retain Valuable Trademark Registrations Whenever Possible
Find ways to continue using your older, legacy marks even if they have recently been replaced by newer, updated versions. Before allowing a valuable trademark to lapse, explore all available legal options to keep your brand protected for the long term.
Your nonprofit's brand is one of its most valuable assets—protect it! By taking these proactive steps, you can secure your trademarks, strengthen your legal position, and ensure your organization's identity remains strong for years to come.
