Trademarks for a Non-Profit Organization

Can you trademark a non-profit name? Should you bother trademarking your brand if you're a non-profit? I'm Andrei Mincov, and as the founder of Trademark Factory, I often see messages from representatives of non-profit organizations who are unsure if they should trademark their brands.

The underlying assumption behind their questions is that since they are a non-profit, their brand might not be worth protecting—unless someone is willing to help them trademark it for free. Unfortunately, this is not the case. Non-profits are brands that are worth protecting, just like most for-profit companies. In fact, in some ways, a trademark for a non-profit organization is more critical than for corporations. You may be wondering why that’s the case. In this video, I will tell you a story that will serve as the clearest example of why—especially if you're a non-profit—you should treasure your brand as your most valuable asset.

But first, let me tell you a story.

Make-a-Wish Foundation: Why Non-Profits Need Trademarks

Forty years ago, in 1980, there lived a 7-year-old boy, Chris, who aspired to be a police officer. Unfortunately, his dream did not come true because Chris was dying of leukemia. A kind soul orchestrated a plan for Chris to spend a day as a police officer when he rode in a police helicopter, received a custom-tailored police uniform, and was sworn in as the first honorary Public Safety patrolman in state history. Soon after, Chris died, but his wish became the inspiration for the Make-A-Wish organization.

In 1981, Make-A-Wish granted its first official wish to another boy, Frank. NBC Magazine wrote about it, and with all the publicity, Make-A-Wish started forming chapters in the U.S. Finally, in 1983, the Make-A-Wish Foundation of America was incorporated as a non-profit corporation. But before that, in September of 1982, Make-A-Wish Foundation filed its first two trademark applications to protect the name “Make-A-Wish Foundation” and its logo.

They own over 70 trademarks, but why did they feel they must protect their brand? Why did they think they had to invest in protecting their brand? The answer revolves around trust. If you could, take a second, as the video at the top of the page, and subscribe to our YouTube channel.

Going back to Make-A-Wish Foundation, if they couldn't stop impostors from using the same or a similar name to seek donations from the public, who would ever trust them with one dollar—let alone millions of dollars they receive in grants every year? On the other hand, if impostors COULD use the name Make-a-Wish foundation with impunity, how long would it be before the public outrage around stolen donations ruined a great idea?

Secure Your Name, Image, and Public Trust With A Trademark

Whatever you do—and it's as accurate for non-profit organizations as for-profit companies, you need other people's money to support whatever it is you're doing. Here's the thing: for-profit companies can get away with many evil things and still be profitable if they continue to supply the market with something that the market badly wants. 

With non-profits, REPUTATION is their main currency. And your brand is the symbol of that reputation. That's what people trust! If you don't own your brand, you have no control over your reputation. And if you have no control over your reputation, it's pretty hard to build trust around whatever cause you're claiming to support. And the only way to own your brand is by trademarking it before somebody else does. That is how it works with a trademark for a non-profit organization. 

In a way, non-profits need trademarks even more than for-profit companies—because they have the responsibility beyond just selling something to make money. For-profit companies need trademarks to protect their property in the interest of their profits and marketability. Non-profit organizations need brands to preserve their integrity. If you're running a non-profit, you are responsible for everyone who has trusted you with a penny of donations and for everyone who has come to depend on you for support. They are charging you to deliver on your promise, whatever that may be.

How to Trademark Your Non-Profit Organization

It's an operational expense for your non-profit. Take care of it before your non-profit is tarnished. Make-AWish did it before they incorporated it.

The process for getting trademarks for non-profit organizations is the same as everything else. You need to file for a brand in every area where you operate. You can trademark any name, image, logo, or piece of physical or intellectual property used to identify your organization. This is true for non-profits, just like it is for regular corporations. For example, the trademark class for a nonprofit organization is 1402.11(d) Charitable Services, Other than Monetary.

If you're a non-profit, you'll need to preserve the goodwill around your brand name, logo, and taglines. They'll walk you through the process and help you get started. If your cause is worth your time, you must securely protect your brand without hesitation. I'll see you in the following video.