I am looking for advice. We have a social group. Our president chose to leave our group, (do not wish to name the name). This president founded the group and choose the name. The group pays dues and has annual parties of which the proceeds go back to the group for other functions. The president stole the money. When we confronted the president, they quit the group. I have checked and the name is not trademarked. We want to trademark the name to prevent the former president from having a claim to the money under the group name. Can we do this legally?
closed as off topic by RandomBen May 11 '11 at 12:30
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Yes. In cases of dispute, this disparity of rights is often referred to as "first to file" as opposed to "first to use." In most systems, a trademark can be registered if it is able to distinguish the goods or services of a party, will not confuse consumers about the relationship between one party and another, and will not otherwise deceive consumers with respect to the qualities of the product.
The owner of a registered trademark may commence legal proceedings for trademark infringement to prevent unauthorized use of that trademark. However, registration is not required. The owner of a common law trademark may also file suit, but an unregistered mark may be protectable only within the geographical area within which it has been used or in geographical areas into which it may be reasonably expected to expand.
In the United States the registration process entails several steps prior to a trademark receiving its Certificate of Registration.
You can read more on Trademarks on Wikipedia
Disclaimer: I am not a lawyer. All information given is from Wikipedia. You should consult with a lawyer.