Q: One of the other members of the board of directors of my homeowner's association mentioned that we should trademark our association's name and logo. Is this a good idea?

A: A community association should try to protect its trademarks. Trademarks, in part, capture the goodwill of a real estate development and community, which is created when developers and community associations brand their real estate developments and communities by regular use of the trademarks in marketing and promotions. The consuming public, including home buyers and their agents, begin to associate a certain favorable caliber and quality to the goods and services provided by the developer and community association, and to distinguish them from others'.

The association's board of directors should investigate the status of trademarks associated with the community. The developer may have already registered them on a state and/or federal basis. In such cases, the board of directors may request that the developer transfer trademarks to the association. If the trademarks were not registered, searches for each may need to be performed to make sure such trademarks have not already been used and/or registered by other parties. Community associations, as well as developers, should consult a trademark attorney to evaluate the costs and benefits associated with registering trademarks and for assistance filing them.

This column is designed to provide information in regard to the subject matter covered. It is not intended to render legal advice.

— By Raghu R. Raju, an associate with Weinstock & Scavo, P.C.; rraju@wslaw.net; www.wslaw.com.

Have question you would like answered in this column? Please contact James J. Scavo at jscavo@wslaw.net or c/o Weinstock & Scavo, P.C., 3405 Piedmont Road, Suite 300, Atlanta, GA 30305.