If I convert from a for-profit to nonprofit, can I keep my trademark?

Your Legal Questions Answered

If I convert from a for-profit to nonprofit, can I keep my trademark?

I am considering converting my business from for-profit to nonprofit. The name is trademarked in my name personally. Will I be able to keep the trademark? I don’t want to lose control after all the work I have done.

The IRS will undoubtedly ask you to assign the trademark to the new nonprofit if you seek charitable exemption. Although some charities operate with the founders holding a trademark, there is an inherent conflict. In addition to the ethical issues, if the charity makes the trademark more valuable, it could cost the charity its exemption because of private inurement.

Sunday, August 13, 2006

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November Webinar

Fiscal Sponsorship: For the Funders, Sponsors and the Sponsored
Wednesday, November 20, 2024
1:30-3:00 PM ET

Fiscal sponsorship is a time-honored method to spawn new charitable activity when the people with the vision and the energy to do the work do not have recognition of federal tax-exempt status.

It can function smoothly as an incubator of important new projects. Or it can function badly as a serious trap for the unwary.

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PA Bar Institute

Don Kramer's annual what's new and what's hot in nonprofit law. The presentation included discussion of:

* Federal tax law cases, including one to invalidate the requirement for Schedule B on the annual Form 990 for charities and one to challenge the prohibition on electioneering and substantial lobbying, and the request to require demographic information on boards of large public charities on the Form 990.
* Challenges to higher education, including federal taxes, unionization, new Title IX regulations, name, image and likeness issues, and challenges to diversity, equity and inclusion programs.
* Status of the new annual report requirement for Pennsylvania nonprofit corporations.
* Updates on charitable solicitation registration issues.
* Standing issues.
* Special issues with charitable trusts, including one holding that many minor breaches of fiduciary duty can add up to a significant breach of duty.
* Other interesting cases, including one holding that donor lists are not trade secrets subject to protection from use by a former fundraiser.

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Don Kramer will review and comment on your own current or proposed bylaws

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Most nonprofits don't spend a lot of time looking at their Bylaws until there is a question or a dispute. That's when you need bylaws that are clear and unambiguous, so your questions on how to proceed are already answered. That's when bad bylaws can lead to unnecessary controversies or even costly litigation. Nonprofit Issues editor Don Kramer will review your current or proposed Bylaws to see if they work for you.

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SAY THAT AGAIN?

October 29, 2024

Marketers love to make their prospects feel special. But they sometimes don’t seem to want you to think about what they say to do it.

I received two items recently that made me wonder what they were thinking.

I got a package of discount coupons in the mail that touted a “specially curated” set of offers. I thought they might have my personal interests at heart until I saw it was addressed to “Resident.”

I also got a text message saying that “Kellyanne Conway wants YOU and only YOU to know what the latest polling shows” about the Presidential election. I could click the link to read the “exclusive” memo.

And I will be the only one to know? Really? Do they really think the recipients are that stupid?

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If I convert from a for-profit to nonprofit, can I keep my trademark?

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If I convert from a for-profit to nonprofit, can I keep my trademark?

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If I convert from a for-profit to nonprofit, can I keep my trademark?

Your Legal Questions Answered

If I convert from a for-profit to nonprofit, can I keep my trademark?

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