Thread: i'm in VA too
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Old 06-14-2004, 02:19 PM   #3
lilpsychoryda
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Join Date: Jun 2004
Location: Warrenton, Virginia
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CHOOSING & PROTECTING A CLUB NAME

By Tim Tepas

Many mini truckers and custom car enthusiasts begin their journey into customizing alone. Either by attending a custom car & truck show, or by seeing cool vehicles driving on the street; they get "the customizing bug". If exposed to the show circuit or by being seen on the street, these same enthusiasts are often invited to join a custom vehicle club. Benefits of joining a club are many. The camaraderie of having friends that share the same interest is terrific. Also, many enthusiasts have talents such upholstery or electronics that make inexpensive customizing between club members very attractive.

Occasionally, members become dissatisfied with a club for one reason or another. This may prompt them to join another club or form a new club. Most anyone can choose a name for their new club and host meetings, but what about protecting the club? If a club has an established name such as POETRY IN MOTION, for example, one member may leave the club and decide to use the same name. What legal right does the original POETRY IN MOTION club have against another club using their name? Not much if they donít protect themselves.

The easiest way to protect a clubís name is to register with the Secretary of Stateís office. For clubs in the Las Vegas area, a stop on the second floor of the State building at 555 East Washington, across from Cashman Field, is the place to start. By filing non-profit organization paperwork and paying the $25 filing fee, a club will receive an official state document with the clubís articles of incorporation. Simply take the papers and type in the clubís "Board of Directors". This should include four people minimum- usually the President, Vice President, Secretary and Treasurer. Submit the papers with a copy of club by-laws via snail mail to the state office in Carson City, and pay an additional $15 when the certificate arrives. The club will then be registered as a not-for-profit organization with the state, ensuring an audit of the Internal Revenue Service wonít break their bank account. Further action may also be taken by hiring an accountant or lawyer. However, just by taking action with the State will help prove in court when the name became official.

For out-of-state clubs, similar results can be reached by contacting the local office of the Secretary of State. Check local non-profit filing procedures for your individual state.

Modern Movement was established in 1996 and first incorporated in 1997. The name is therefore protected, despite club names not being eligible for trademark or copyright infringement protection.
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