Q & A podcast: Intellectual property and nonprofits

One of the most important yet least understood aspects of running a nonprofit is managing its intellectual property.  This podcast interview with Professor Susan Scafidi covers the basics. 

All the questions in the interview were drawn from actual questions I've received from students, nonprofits or other social enterprises.  And here are a couple follow-ups:

Q:  Can a nonprofit get a trademark, since it's not a business?

A:  Yes.  A trademark is a symbol used to identify the source of goods or services in the marketplace.  Even if a nonprofit does not perceive itself as a business, it may actually enter the marketplace in any number of ways, not least of all by fundraising.  For more on nonprofits and trademark, check out the article linked here. 

Q:  When I start my nonprofit, do I have to register its name as a trademark?

If you are going to use the name on goods or services, then it's a good idea to protect yourself by registering the name as a federal trademark rather than simply relying on common law trademark protection. On the other hand, the name of a nonprofit (or for-profit) organization cannot be registered as a trademark unless it is also applied to goods or services.   

Q:  Can a church get a trademark?

A:  Yes.  Here's an example of how the Presbyterian Church (USA) uses trademark law to avoid confusion with other churches and to prevent unauthorized use of its name.  Similarly, here's the trademark policy of the Seventh Day Adventists.  Religious groups may generally be full of peace and light, but mess with their trademarks and they can get pretty badass.

And finally, here are the web sites noted in the podcast, plus one extra:

• counterfeitchic.com
• "Son Bucks"
• uspto.gov
• copyright.gov