Should we register our name as a trademark?

This guide is for small charities wondering whether to register their name or logo as a trademark, often after someone says "you should protect your name." Registration can be worth it, but it isn't required, it costs money, and it needs upkeep. After reading, you'll know what rights you already have, what federal registration adds, what it costs, and how to decide. If you're still choosing a name, start with our guide to choosing a charity name, which explains how to search for conflicts first.

This is general information, not legal advice. Trademark law has many fine points, so talk to a trademark lawyer before filing if you can. Volunteer lawyer programs sometimes help charities with this; our legal basics guide lists places to look.

What a trademark is

The U.S. Patent and Trademark Office (USPTO) says "a trademark can be any word, phrase, symbol, design, or a combination of these things" that identifies the source of goods or services. "A trademark is used for goods, while a service mark is used for services," but the word "trademark" is used for both. For most charities, the name and logo are marks for services: the programs you run.

Your name isn't protected by copyright. Copyright Office regulations list "words and short phrases such as names, titles, and slogans" as material not subject to copyright. Trademark law is what protects a name. Our guide to copyright and images covers the other side.

What you get without registering

The USPTO says plainly: "It is your choice whether to file for federal trademark registration." Using your name and logo for your services can give you common law rights, which the USPTO says "are based on use of the trademark in commerce within a particular geographic area." In practice, that means your protection may be limited to the places where people know you.

You can use TM (for goods) or SM (for services) next to your name without filing anything, to show you claim it as your mark.

State registration: the in-between option

Most states also let you register a trademark with the state, usually through the secretary of state's office. The USPTO says state registration "creates rights in that state only," so it won't protect you if you expand into another state, and that "not all states have trademark registration databases." Fees, forms and rules vary by state; the USPTO keeps a list of links to each state's trademark office. State registration can make sense if you work in one state and want a public record of your claim without the cost of federal filing.

What federal registration adds

The USPTO lists these benefits of registering:

• rights "throughout the entire United States and its territories," not just where you operate
• a "legal presumption that you own the trademark and have the right to use it"
• the right to use the ® symbol, but only "with the trademark for the goods or services listed" in the registration
• the "right to bring a lawsuit concerning the trademark in federal court"
• a listing in the USPTO's public database, which helps others find your mark before choosing a similar one
• the option to record the registration with U.S. Customs and Border Protection to help stop infringing imports

The USPTO also warns that it "is not an enforcement agency." If someone uses a confusingly similar name, it's up to you to act.

Never use ® until your mark is actually registered.

What it costs

The USPTO fee schedule (effective January 19, 2025, and still current when we checked) lists these fees for an electronically filed application, per class of goods or services:

You pay for each class you file in: for example, one for the charitable services you provide, and another if you sell branded goods. Choosing descriptions from the ID Manual avoids the surcharges. A lawyer's fees, if you use one, are extra. Fees change, so check the fee schedule before filing.

The upkeep

A registration doesn't last forever on its own. The USPTO says you must file:

• a declaration of use "between the fifth and sixth years after the registration date"
• a combined declaration and renewal "between the ninth and 10th years after the registration date"
• and again "every 10 years after that"

There's "a six-month grace period" after each deadline, with an extra fee. If you miss it, "your registration will be canceled or deemed expired." Put these dates in your annual compliance checklist, because the person who filed may have moved on by then.

Should you register?

Registration is more likely to be worth it if:

• you work, raise money or plan to grow in more than one state, or online nationally
• your name is distinctive (made-up or unusual words are easier to protect than descriptive ones)
• you sell branded goods, run a recognized event, or license your name to chapters or partners
• someone has already used a confusingly similar name, or you expect it to happen

You may reasonably wait if:

• you work in one town or county, and your name is well known there
• you're still testing your name, or may change it
• your name is very descriptive (for example, "[Town] Food Pantry"), which may be hard to register anyway

Whatever you decide, use your name consistently, keep evidence of when you started using it (dated flyers, website archives, newsletters), and search the USPTO database now and then for similar marks.

Your checklist

• We've searched the USPTO database, our state's business records and the web for similar names
• We use our name and logo consistently, with TM or SM if we want to claim them
• We've decided whether state or federal registration is worth it for where and how we work
• If filing, we've chosen our classes and descriptions, and budgeted the fees per class
• We only use ® after registration, and only for the services listed
• Maintenance deadlines are in our compliance calendar
• We keep dated evidence of when we started using our name