A recent NBC News report on a breast cancer brand by Brian Williams raises these questions.

Several years ago, I was hired as the first marketing and communications director for the Canadian Breast Cancer Foundation. My job was to manage the brand. And what a task it was! Unlike the United States, the pink ribbon in Canada is an official mark, meaning it carries greater weight than a trademark. No entity can use the ribbon without consent of the Canadian Breast Cancer Foundation (CBCF). With so many American products bearing the pink ribbon symbol, managing the intellectual property and symbol became a full-time job when products crossed the border onto Canadian store shelves.

So, why the angst about pink ribbons and brands? As one of the women interviewed in this segment notes, “We’re all supposed to be fighting for breast cancer.”

Yes, she’s right. That’s why many nonprofits collaborate to achieve greater impact. But the reality is that nonprofits fundraising for breast cancer research and programs compete against each other for funding dollars. They also compete with other charities in their market that raise money for other causes. How can they stand out and differentiate their missions unless they have solid marketing and branding strategies?

It is absolutely the same as in the business sector. Companies that invest heavily in their brand assets must protect them to avoid confusion in the marketplace. We accept that. Can you imagine what Nike would do if another company began to use a symbol similar to its swoosh? So, why should we expect it to be different in the nonprofit sector? Is there a double standard at play here?

There’s an archaic viewpoint about the charitable world that needs to be dispelled. If we expect nonprofits to solve the problems that governments and businesses cannot fund, then it is in our collective best interest to ensure they function effectively. And if that means spending money to defend their brand assets, market their missions, and invest in things like leadership and staff development, it can only make them stronger and able to accomplish more.

If we expect them to run so “lean and mean” that they cannot strengthen and grow, then we’ll get more of what we have now. Leadership attrition, staff turnover, wait lists, and an inability to fully tackle the huge problems that face our society.

What do you think? Should charities operate more like businesses and protect their brand assets in the same manner?

You can find definitions of trademark here, here, and here. However, how did I find this information? By running a search. If someone is looking to find a resource that does “X”, they will use the same scientific method. You may stand out by having a registered mark next to the name of your business.
You may also stand out more on the force of your use of a certain expression as associated with your brand. De facto burnishing that expression in the minds of your potential customers and partners as associated with you. In other words, you can choose whether to hinder your idea because of trademark issues or agree to spread it anyway. Seth riffed about it here.
There are some very good ideas in his post:

- You can trademark just about any word or phrase, but that doesn’t mean it will hold up.
- One thing that has changed dramatically about trademarks is the world of domains.
- Every trademark that turns generic does so for the same reason: because it’s the easiest way to describe something.

And it is flattering, too when someone else adopts your idea or a name that is very similar to yours. What do you do when you find someone who has their ID and brand name almost exactly like yours? I posed the question on LinkedIn and received some preliminary answers:
Todd Jordan said: “First off, keep an eye open to see if they are copying your content or stealing your contacts away. Second, contact them and ask if they are a fan.”
Joe Raasch added: “Intent. What was the intent of the copycat? Copying is a sincere form of flattery if it is done with positive intent. If it is done with intent to steal business, contacts, or plagiarize a good name, that is wrong.”
Marc Aniballi contributed: “This is unavoidable as soon as you “get big.” Or at least big enough. You can only minimize the damage. Make sure your clients know that a copycat exists and not to get duped. Clearly communicate YOUR id in all places to ensure that mistakes are minimized. Otherwise, there is little you can do to stop the other person unless they start to misrepresent themselves explicitly as you. And even then, you need proof.”
I know organizations are on top of trademarking laws and usage. There is legal help on hand. If you’re not, I recommend you make inquiries. What about individuals? With self-publishing and social media raising so many new individual profiles, it would be worth looking into it a bit more. And don’t forget to look into the meaning of the phraseology and words you are planning to use if your business is global.
What is your experience?