What is the name of your state? We are a small nonprofit in Colorado and have been using our name (which is an acronym) since 1998. Very recently, the local professional sports team announced their new name and it is the same as ours (except they use it as a word not an acronym). We assume they Trademarked it but don't know how to find out. We never trademarked the name and don't really care if they use it but we are wondering if they can force us to stop using it.
A trademark is a name used as a business identifier. A name becomes a trademark once it is used as an identifier for a business, its products and/or its services.
You can
register the name you are using as a business identifier with your state and you can also register your name federally with the United States Patent and Trademark Office (USPTO).
It is
registration of a mark that most people are referring to when they say the name is "trademarked." But registration is not what gives a holder of the trademark rights to a name. It is the use of the name that gives a trademark holder rights to the name - with the first user of the mark (generally) considered the owner of the mark.
If your nonprofit has a full name that is registered with your state and you only abbreviate this name for easy reference, there generally would not be a problem with someone else using these initials as their trademark.
Trademark law centers on consumer confusion. If consumers are not confused by or likely to be confused by a dual use of a name - because of geographic distance or types of goods/services being offered, or because of different consumer base - two businesses can operate using the same trademark without legal issue.
For example, you have Dove soap and Dove ice cream and these companies do not have a problem sharing a name. There is no consumer confusion generated.
So, one question to ask with your nonprofit and the sports team is: How likely are consumers to be confused? Will consumers believe you and the sports team are affiliated? What harm will your nonprofit suffer if the sports team uses your acronym as their trademark?
The sports team potentially can be prevented from using the name if it interferes with your use. It also potentially could be possible for the sports team to prevent your use of your name outside your current geographical area. It depends on the professional sports team, federal registration of the mark, and other factors.
In other words, it is not necessarily as clear cut as RJR would have you believe.
