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Can a nonprofit, social media group, or social club obtain a trademark for its name?

  • Can a nonprofit, social media group, or social club obtain a trademark for its name?

    Nonprofit organizations, social media groups, and social clubs can usually obtain trademark registration for their names, logos, or slogans. Registering a mark generally prevents others from using it in a manner inconsistent with the social mission or charitable functions of the nonprofit. Both online and offline communities can be protected by a trademark. However, if the social media group is primarily engaged in selling or promoting the goods or services of others, it may not qualify for trademark registration. In such cases, filing the appropriate trademark related to those specific goods or services has been a successful approach for some organizations.

    Nonprofits and social organizations may face different requirements regarding the “use in commerce” aspect. Nonprofits can demonstrate use in commerce if they provide goods or services to individuals, even if the nonprofit receives funds from a different person. Proof of nonprofit status is generally required. Social organizations typically satisfy the “use in commerce” requirement when dues or funds are spent on activities.

    Different Classes may apply depending on the nature of the nonprofit or social group’s activities. Some groups have registered under Class 35 for advertising and business services, Class 36 for charitable fundraising services, and Class 41 for social club services that organize events, gatherings, or parties for members or share information about specific causes.