Here’s a trademark cautionary tale with a nonprofit at the center of it. Game Plan, Inc., a nonprofit supporting student-athletes in underserved communities, registered the trademark “I AM MORE THAN AN ATHLETE” with the USPTO. Solid move, right? But when LeBron James’s media company, Uninterrupted, filed applications for the same phrase (and variations of it), things got complicated fast.
It turns out Uninterrupted had acquired common law trademark rights from a third party who had been using the mark first, selling wristbands and apparel at grassroots events. The Federal Circuit sided with LeBron’s company, and Game Plan didn’t just lose its opposition; it lost its own registration entirely. To make matters worse, Game Plan failed to properly introduce key evidence into the trial record, a procedural misstep the court found fatal on appeal.
The takeaway here for nonprofit leaders? Trademark protection is just as important for nonprofits as it is for for-profit companies. Filing a federal trademark application with the USPTO gives your nonprofit a legal presumption of ownership and nationwide protection.
When applying, think broadly. Don’t just consider your current programs; look ahead to what you plan to launch in the near future, since trademark protection only extends to what’s listed in the registration.
Once you’re registered, it’s smart to use the ® symbol on your website, materials, and documents. For marks you haven’t yet registered, you can use ™. These small signals tell the world your brand is protected and deter others from “borrowing” it.
After you register your marks, keep an eye on new trademark filings at the USPTO. If someone applies for a name or logo that’s too close to yours, you can oppose it before it becomes a real problem. And if you do end up in a dispute, make sure you’re working with counsel who knows the procedural ropes. Game Plan learned the hard way that strong facts don’t matter if they never make it into the record.
And if your nonprofit has chapters, affiliates, or partners who use your branding, put clear use guidelines in place. Inconsistent use by affiliates can weaken your trademark rights over time. Last, keep using your marks! Trademark rights depend on active use. Even if a program slows down, find ways to keep the name visible so your protection stays intact.
