Q: Can a non-profit organizations name and logo be owned by an individual and not the organization.
The organization has been around since 2012, one board member resigned and board denied him to return in November and he files a trademark on the name and logo in December. Is that even legal?
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A: There are common law (i.e. state law) protections available when a name or logo has been used in conjunction with a business activity before it is officially registered or an application made for registration. These rights would in most cases supersede a new application. Also, the individual could have difficulty establishing support for the trademark if not actually engaging in whatever services or sales of goods that trademark application indicates.
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