Washington, DC asked in Business Formation and Trademark for Florida

Q: how can the nonprofit organization (sorority) keep the name (trademarked) when the pres/founder has been impeached

Founder/President was impeached for misappropriation of funds and fraud. The organization would like to still use the sorority name but incorporate in another state. Organization registered in Georgia, would like to register the organization in Florida with a new EIN.

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2 Lawyer Answers
Evelyn Suero
Evelyn Suero
Answered
  • Trademarks Lawyer
  • Miami, FL
  • Licensed in Florida

A: Depends on how the trademark is registered and whether there is another entity using the name. If the nonprofit owns the trademark, then it should be able to continue using it in Florida. My nonprofit clients in Florida typically register their marks this way. Consult with an attorney to guide you through this process of moving the organization to another state.

Timothy John Billick
Timothy John Billick
PREMIUM
Answered
  • Trademarks Lawyer
  • Seattle, WA

A: You're talking about two distinct issues here: Trademark law and fraud. It's a little unclear from the above hypothetical how the two are related.

Unless the fraud was somehow connected to the name itself, or if there was fraud in the registration and/or procurement of the mark, the sorority will still have valid rights to use the mark in commerce.

Please discuss this matter with a competent U.S.-based IP attorney.

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