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[Zeus]

We have established a nationwide club to compete in sports as a team.

In order to attract sponsorship, we have created a professional website with logo and registered the club with the sports governing body.

Thus we are already using the name and identity in public. There are no existing commercial organizations or clubs in our field using the name.

The name of the club is that of a Greek god. The identity is based on a piece of 2,500 year old classical art which is not copyrighted.

Given that we do not intend to sell products or services, is there a need to trademark the clubs name and logo to protect us against another organization coming along in the future and wanting to adopt it?

Thanks.

[Isaac]

If you not are using the name to identify the source goods or services in commerce then you do not have a trademark and you cannot register a non trademark.   But I'm not so sure your conclusion that you are not making a trademark usage is correct.   Performing competitions in public and offering membership in your organization to the public both sound like services to me.

[Zeus]

Thanks Isaac.

Based on your comments, in that our athletes will be competing in public competitions, and we will be accepting members, what are the trademark issues we need to be aware of?

Are there risks that an (unknown) organization could establish rights in the future that would require us to change our name or identity?

[Isaac]

Possibly.

One scenario would be that your activities result in you establishing trademark rights within some, but not all geographic areas within the US.  

A second team or some other entity might establish rights using a similar mark within a new geographic area within the US in which you have yet to establish your mark.  The second user would be able to prevent you from using your mark within that new geographic area, and by federally registering their trademark, the second user could preempt your ability to use your mark in geographic areas which neither team has yet reached.

In this hypothetical scenario,you would retain the ability to use the mark within your established area, but that might not be enough for a club aspiring to be nationwide.

[JSonnabend]

And, to finish Isaac's train of thought, by registering your mark federally, you would establish superior rights to those who begin using your mark (or confusingly similar marks) after your date of first use.

- Jeff