Do o have to purchase the name for a nonprofit?

If I am operating a nonprofit business
do I have to purchase the name of the
company and get it trademarked? Or can
I use the name so long as no one else
is using it and provide merchandise
with my logo?

Asked on May 10, 2017 under Business Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There is no legal requirement to register a trademark: it's a good idea, if you feel the name (and/or logo) may have value, but you are allowed to use a name, create merchandise with it, etc. without trademarking. It is a cost-benefit decision, whether it is worth it to you to trademark. As long as the name is not otherwise being used, you can register it with your state (while you don't have to register a trademark, you do have to register to do busness) and proceed.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.