What are the legal requirements concerning the use of trademarks and logos by a nonprofit organization?

In Washington, a nonprofit organization must abide by certain legal requirements concerning the use of trademarks and logos. In general, federal, state, and common law govern the use of trademarks and logos. At the federal level, the Lanham Act governs trademarks. According to the Lanham Act, a trademark is a word, phrase, symbol, or design that identifies and distinguishes the source of goods or services from another. To properly use trademarks, a nonprofit must be the owner of the trademark and must use the mark accurately without confusion. In Washington, the Uniform Trade Secrets Act and the Washington Consumer Protection Act impose restrictions on the use of another’s logo and trademarks without permission. In addition, Washington’s Revised Code of Washington allows for tort claims that involve retaining a trademark or logo, as well as unfair competition claims. Finally, common law may apply if a nonprofit uses another’s trademark or logo in a way that wrongfully implies sponsorship or endorsement. To avoid this, a nonprofit must be mindful to not imply that their nonprofit is sponsored by, affiliated with, or otherwise associated with another organization. In summary, trademarks and logos are protected by federal, state, and common laws. Nonprofits must comply by each of these laws by obtaining permission to use any trademarks or logos, by using the trademarks and logos accurately, and by avoiding any implied affiliation with or endorsement by another organization.

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