Yes, clubs can be protected under trademark law, and any materials that identify your club to the public can be trademarked with the United States Patent and Trademark Office (USPTO). This legal protection ensures that you have exclusive rights to your club’s name and logo, preventing unauthorized use by others.
For example, “IMPERIALS CAR CLUB” is a registered trademark. You may also register any logos or slogans associated with the club. Building a name and reputation for your club can be a lengthy process and one that is more difficult if you do not possess control of the associated name or logo. Let’s look at some examples of trademarked club names.
Trademarked Car Clubs
One of the common types of clubs that end up registering trademarks is car clubs. These often cover items like apparel, specifically T-shirts and bandanas, allowing the club to create products or accessories to raise money without your permission being exploited by competitors.
The Vintage Motor Car Club of America
In their own words:
The purpose of the Vintage Motor Car Club of America (formerly known as the Veteran Motor Car Club of America) is to encourage preservation, restoration, and use of antique and historically significant automobiles. Our specialty is touring events, where we drive our cars to interesting places, meeting new people and visiting old friends along the way. We have fun while everyone gets to see, hear, and enjoy old cars driving on our highways.
The VMCCA recently trademarked their logo, which is described in the application as:
The mark consists of the stylized wording “VMCCA” forming the design of the body of an automobile with the front wheel attached to the left-most leg of the letter “A” extending to the left and the back wheel under the letters “CCA” with the left-most leg of the letter “M” extending to the right through the back wheel; all within the design of a rectangular border with rounded corners; all over a the design of a banner curving downward and forming a point in its lower center within which appears the stylized wording “THE VINTAGE MOTOR CAR CLUB OF AMERICA”.
The logo can be seen prominently on their website.
Timeless Bombs
Timeless Bombs is a car club in Chandler, Arizona that we had the pleasure of working with during their trademark registration. On their Facebook page, they describe their club as:
Timeless is a car club put together by a group of friends with cars ranging from 1954 and under that share the same interest in cars and music.
Their trademark covers use in…
Club services, namely, promoting the interests of car enthusiasts; Club services, namely, promoting the interests of car enthusiasts through participation in special events, weddings, quinceañeras, parades and car shows; Club services, namely, promoting the interests of car enthusiasts and members of a car club who arrange and organize car shows and community events; Organizing chapters of a car club and promoting the interests of the members thereof; Organizing exhibitions for cars, in the nature of car shows
Motorcycle Club Trademarks
Along with car clubs, and sports team names, motorcycle clubs are another very common club type that we’re contacted about. These clubs often begin trademarking their name and logo to sell apparel or raise funds. Without trademark registration, they may face legal issues if other clubs use similar marks in a way that is likely to cause confusion.
Sons of Liberty Motorcycle Club (SOLMC)
The SOLMC began operating in 2008, but years later found themselves in the midst of legal issues surrounding their name. From their blog:
We are now forced to protect ourselves and lay claim to our Right to Superior use of the name “SONS OF LIBERTY MOTORCYCLE CLUB”. We have filed an official petition to cancel the trademark registration 4703392 and filed an injunction in Federal Court. The simple fact is, we have been operating under the name “SONS OF LIBERTY MOTORCYCLE CLUB” since November of 2008 and that is documented. The defending club claims April of 2009.
We are now in the unfortunate position of defending ourselves. We were content to leave this other group alone as long as we were left alone. But now they have treaded on our goodwill and we will see them exposed as the thieves and liars they are and nothing short of their disbandment will suffice.
This case highlights the importance of registering your mark early to protect your club and avoid conflicts. Early trademark registration allows you to use the trademark confidently and provides the ability to take legal action against unauthorized use.
Getting Help Trademarking Your Club Name
You should consider trademarking your club name, to protect the brand as well as the goods and services you offer, particularly if you intend to perform any charitable actions. Without a trademark, you may not be able to restrict the use of the club’s name by your competitors. An important first step in registering your club’s name is ensuring that there are no confusingly similar marks already registered. This can be achieved with a trademark search using the Trademark Electronic Search System (TESS).
We’re happy to assist in this process and help make it as smooth as possible. By working with a professional, you’ll ensure that your mark is properly filed and meets all USPTO requirements.
Copyright and Service Marks
While trademarks protect names, logos, and slogans, copyrights can protect the creative works your club produces, such as publications, videos, and music. Additionally, if your club offers services rather than goods, you might consider registering a service mark instead of a trademark to ensure full intellectual property protection.
The Trademark Application Process
Filing a trademark application involves several steps:
- Conduct a comprehensive search to ensure your desired name is available.
- Once confirmed, file the application with the Patent and Trademark Office. Include a description of the goods or services and provide a specimen of use.
- Select the appropriate class for your trademark to ensure it applies to your activities.
- Address any Office Actions issued by the examiner before approval.
Once your mark registration is finalized, your registered trademark provides exclusive rights to use the mark in commerce.
Costs and Benefits of Registering a Trademark
The costs associated with trademark registration include government filing fees and potential attorney fees. However, the benefits far outweigh these costs. A trademark protects your club’s name and logo, enhances its reputation, and prevents others from using the mark without your permission. By securing a license agreement, your club can confidently market products used on products like apparel, banners, or accessories.
The use of a trademark symbol (™ or ®) asserts your trademark rights and deters potential infringers.
Legal Action and Protection
In case of unauthorized use of your trademark, you have the right to take legal action, such as sending cease-and-desist letters or filing lawsuits for trademark infringement. Early registration ensures that you are prepared to enforce your rights and defend your club’s integrity in the marketplace.
Contact Us
Navigating the trademark registration process can be complex. Whether it’s conducting the trademark search, preparing the application, or responding to Office Actions, having a professional team can save time and ensure success. If you’re looking to protect your mark, contact us today to discuss your club’s trademark options and secure the legal protection your club needs.
