How can we update our brand without breaking the law?

Why it's crucial for ministries to have a safe rebrand in the first place

Changing the name, logo, messaging, or overall identity of your ministry can give it new life, attract new members, and demonstrate that it has grown or changed direction. But when you change your brand, you need to consider some crucial legal issues. If you don't, your ministry could be in danger of infringing on a trademark, losing brand protection, or having trouble following the rules.

Churches with 2,500 to 10,000 members, like those in Church Law and Strategy's PASTOR SUPPORT PLAN, need expert help, protection for their intellectual property, and a plan for how to deal with the legal problems that come up when they change their name.

This blog post goes over the most crucial steps you need to follow to safely change the name of your ministry, which will minimize legal risks and boost your brand's impact.

Understanding the Legal Risks of Changing Your Name

Disputes and violations of trademarks

One of the biggest risks of rebranding is that you might use someone else's trademark by mistake. This can cause:

• Letters to stop and cease
• Fighting in court and paying a lot of money to settle
• Damage to the reputation of your ministry
• Forced rebranding or losing trademark rights

You need to undertake thorough trademark searches and seek legal permission to prevent these complications.

Loss of trademark protection that is already in existence

If a firm changes its name, it could have to get rid of or update its current trademarks. This can:

• Make it harder for customers to recall your brand
• If they don't do things right, they could lose their exclusive privileges.
• Allow your competitors to use the same marks as you do.

When you change your brand, it's very vital to know how to retain or update your trademark rights.

Changes to the name and rules for nonprofits

Changing the name or identity of your ministry also means:

• Updating the paperwork and registration for state NGOs
• Letting the IRS know and making sure you follow the rules for 501(c)(3)
• Changing contracts, donor records, and legal documents

You could lose your tax-exempt status and legal standing if you don't keep these records up to date.

Things to keep in mind with intellectual property and trademarks

Doing a complete search for trademarks

Before you pick a new brand name:

• Check the USPTO database for federal trademarks that have already been registered.
• Check out the trademark registers in your state.
• Check out common law (unregistered) marks in your area and in your ministry area.

Our church intellectual property trademark lawyers undertake these searches extremely carefully to uncover any problems.

Filing for New Trademarks

You need to register your new ministry name, logo, or slogan with the USPTO and the proper state agencies.

• Protects people all around the country
• Lets people sue those who break the law
• Makes contributors and the community more trusting

Church Law and Strategy supports churches by registering their trademarks, keeping an eye on them, and enforcing them.

Keeping your domain names and online presence safe

You may protect your ministry's online identity when you rebrand it by securing domain names, social media handles, and digital trademarks that are relevant to it.

Legal Requirements for Nonprofits When They Change Their Name

State Changes and Filings

You need to:

• Send your state's Secretary of State Articles of Amendment or other similar documents.
• If you need to, change the address and registered agent for your nonprofit.
• Change the bylaws and other governing documents to reflect the new name.

IRS Warnings

You can let the IRS know about your name change by:

• Filing Form 990 with updated information
• If necessary, sending a letter

Keep following the guidelines so you don't get audited or lose your tax-exempt status.

How to Safely and Effectively Rebrand

• Get legal counsel right now to deal with trademark and compliance challenges.
• Before you finish your new branding, make sure to undertake extensive searches for names and trademarks.
• Make sure that all of your products and platforms are consistent by planning your brand rollout properly.
• Get the domain names that go with your trademark applications right away.
• Keep all of your legal documents and registrations up to date.
• Let your church members and other relevant persons know about the change in an open and honest way.
• Be on the lookout for infringement and protect your trademark rights at all costs.

How the PASTOR SUPPORT PLAN Helps with Rebranding

The PASTOR SUPPORT PLAN has:

• Services for registering trademarks and getting rid of bogus ones
• Legal audits that reveal concerns with compliance when renaming
• Priority legal help for trademark or compliance issues that need to be fixed right away
• Strategic advice to make sure that the rebranding matches with the ministry's goals

The PASTOR SUPPORT PLAN gives your ministry a full legal and operational partnership to help it change.

Questions that people often ask

• Q: Is it possible to keep our current brand name while changing it? A: Yes, you can keep your rights or execute a simple transfer if you have the correct legal plan.
• Q: How long does it take to get a trademark? A: It usually takes 8 to 12 months, but preliminary precautions and monitoring can start immediately.
• Q: What should we do if someone doubts our new brand? A: Lawyers can assist you in resolving a case or preserving your rights. Proactive searches lower this risk.

In short,

Changing the name of your ministry might give it fresh energy, but it can also be hard to do legally, so you should talk to a lawyer first. You can be sure that your branding is legal, safe, and in keeping with your long-term goals if you collaborate with Church Law and Strategy's PASTOR SUPPORT PLAN.

This blog post is just meant to give you information and not legal advice. Reading this article does not make you a customer of Church Law and Strategy or its agents. If you require legal advice that is specific to your church or group, you should talk to a lawyer.

Inside links

• Church Intellectual Property Trademark Attorney
• Trademark Services for Churches
• Church Legal Audit and Compliance Report

Links to Other Websites

• USPTO Trademark Search: https://www.uspto.gov/trademarks-application-process/search-trademark-database
• IRS Name Change Guidance: https://www.irs.gov/charities-non-profits/name-changes
• Nonprofit Branding Best Practices: https://www.councilofnonprofits.org/tools-resources/branding-your-nonprofit