Legal Question in Business Law in District of Columbia

Re: Incorporation of a nonprofit org?

Protection of a name can be done through trademark registration, as my other colleagues have advised. This registration can be made federally, and also at the state level (e.g., you can get a California trademark). However, you should consult an attorney about what can be registered as a trademark, as not all names will qualify. You can also review some of the requirements for a federal trademark at the www.uspto.gov website.

As a California nonprofit organization, you can operate in other states without creating any new entities. But be certain you are in compliance with the laws of each of the other states where you operate.

Information about trademarks, copyrights, and business incorporation will be available on my website by the end of this week (website now being written). Perhaps you might find it useful.

Re: Incorporation of a nonprofit org?

What you might be talking about is a trademark. Are you looking to register your name and obtain rights to it? As far as doing business legally, you can just incorporate in one state and register as a foreign corporation in the other states where you do business. Please explain your objectives and I can advise you better.

Re: Incorporation of a nonprofit org?

Almost without exception, corporations are formed at the state level, not by the federal government. Historically, there have been a few examples of federally-chartered corporations, but ti takes (literally) and Act of Congress.

If you are a California corporation, you can thereafter become qualified to do business in other states by making the requisite filings with the Secretary of State in each other state. Needless to say, this is time consuming and, since each state will charge fees and expect an annual tax return (probably even if you are a non-profit).

If your intent is to protect a particular name, such as "Tappa Nu Keg," your inquiry should be into trademark protection, not incorporation.

Federal trademark registration is available. Most trademark applications are handled through attorneys, although non-attorneys can initiate and process their own applications with a little study of the rules and a lot of patience.

You might look at www.uspto.gov, the Web site of the U.S. Patent and Trademark Office. There are also a few decent self-help law books on how to do patents, trademarks and copyrights. If you buy one make sure it stresses trademarks.