Hi there, I was wondering if anyone knew much about trademarking logos for non-profit organisations. We are in association with a swimming club within England however they are having trouble in that a sports shop has taken their logo, putting it on bags, hats etc and selling it as merchandise. We would trademark the logo however it seems to cost around £250 which is far more than we can afford. Does anyone know of a way in which non-profit organisations can trademark their logo without the large initial fee?

Thanks

Matt Cuckston

4. How are trademark rights acquired?

Trademark rights are not acquired through the registration process. Common law ownership rights are acquired through actual use of the mark in commerce. Generally, the first person to use a trademark is the first person to acquire rights to the mark.

5. Do I need to register my trademark?

No. It is not required that you register your trademark or service mark in order to establish ownership rights. However, besides providing constructive notice throughout the state regarding your claim to ownership of the trademark, registration provides the trademark owner with certain procedural advantages should it become necessary to judicially enforce your trademark rights. Registration of the trademark creates a legal presumption of the registrant’s ownership of the mark and the registrant’s exclusive right to use the mark in Texas commerce in connection with the goods or services described in the application.

(taken from the Texas State Secretary's Trademark FAQ)

Herko

From everything I've seen trademarks are expensive... and there is no break for not-for-profits.

If you want to protect an image (logo), you can copyright it for free. There are numerous websites with instructions on the different degrees of copyright, but everything is based off of 'first-use', including registration.

For the lowest risk and cheapest approach, here's what I do...

1. Develop a logo (place a copyright on it).
2. Archive and file the logo (to create an official date of creation).
3. Use the logo somewhere; an email is good. That 'use' creates a date time-stamp for first use. If you decide to do this you may send your 'copyrighted' logo to me if you'd like, I'll email it back to you.
4. File or register the logo... only if someone appears to 'steal' it. You will have first-use documented as well as previous copyright on the logo.

With this approach I only incur the registration mark costs when, and if, there is an infringement.

But since I'm NOT a lawyer, you may wish to check this out with legal council. My recommendation is not in anyway to be construed as legal advice.