Is the naming of non-profit organizations governed by the trademark office?

Question

If, say, I wanted to found a non-profit philathropic organization, would I have to choose a name that does not coincide with an existing for-profit company or product?

Answer 1

It depends on a number of factors.

Determining if marks infringe can be tricky and each situation varies from another.

The general rules to keep in mind are:

1) Are the names similar in Sound, Appearance or Meaning?

2) Are the industries the same or similar to one another?

3) Are the names confusingly similar to the average consumer? In other words, could customers be confused and assume that both companies are affiliated?

Here's what the USPTO has to say about this matter:

"The principal factors considered by the examining attorney in determining whether there would be a likelihood of confusion are:

the similarity of the marks; and

the commercial relationship between the goods and/or services listed in the application.

To find a conflict, the marks do not have to be identical, and the goods and/or services do not have to be the same. It may be enough that the marks are similar and the goods and/or services related."

It's best to contact a private search company or a trademark attorney to assist you in determining if this will be a problem or not.

Hope that helps! I wish you much success & happiness in all your ventures!

Answer 2

Yes you have toregister companies (whether for profit or not) as individuals...If you search The Company House on Google you can search for free available names for your company

Answer 3

Well if it is then set it up in Northern Ireland and operate from the Us.