Out-of-State Nonprofit

• Names of nonprofits must be in letters or characters used in the English language as those letters or characters appear in the American Standard Code for Information Interchange (ASCII) table. 
• The name of a nonprofit corporation does not need to include the word “company,” “corporation,” “incorporated,” “limited,” or an abbreviation of one of these. 
• The name of a nonprofit limited liability company must contain the words “limited liability company” or must contain the abbreviation “LLC” or the abbreviation “L.L.C.”.

The name of a nonprofit organization may not include such words as “bank,” “banker,” “banking,” “trust,” “trust company,” or any other similar words unless the articles are supported by written approval for the use from the North Dakota Department of Financial Institutions. North Dakota law has reserved these words for the exclusive use of the Bank of North Dakota, national and state banking corporations, and trust companies. 

To obtain written approval for the use of one of these words, contact:

North Dakota Department of Financial Institutions 
1200 Memorial Highway, Bismarck, ND 58504 
Phone: (701) 328-9933
Email: dfi@nd.gov
Web: nd.gov/dfi

If the name of your nonprofit organization is the same or similar to another business, a certificate of authority cannot be issued unless your application includes a:

• Trade Name (also known as a “doing business as” or dba name)
• Signed Consent to Use Business Name Form or
• Certified copy of a North Dakota court's judgment establishing the applicant's prior right to use the name in this state

According to NDCC ch. 47-25, a trade name is a name that a business, organization, or individual may use which does not include the true name of the organization or the names of individuals using the business name. It is also sometimes referred to as a “doing business as” (DBA) name. 

Unincorporated nonprofit entities must file a trade name registration. However, a trade name can also be registered to allow a nonprofit organization to use and operate under a name that is different from its corporate or limited liability company name. 

The use of an acronym, shortened, or abbreviated version of the name instead of the true corporate or LLC name is considered a trade name that must be registered with the Secretary of State before it is used. 

Registering a Trade Name

The Trade Name Registration form is available in the FirstStop Portal. Registrations must be renewed every 5 years.

Registration of the trade name:

• Grants the owner exclusive right to that name in the State of North Dakota. No other business may file a name with the Secretary of State that is the same as, or deceptively similar to any registered name.
• Establishes a public record from which the name of the owner of the business can be identified.

The trade name protects the name in North Dakota only. It does not protect the name nation-wide. The Secretary of State does not check the federal trademark registry The registrant bears responsibility for any infringement on a federal registration.

Fee: 

• Trade Name Registration - $25

Naming Guidelines

A trade name may not contain:

• These words: company, corporation, incorporated, limited, limited liability company, limited partnership, limited liability partnership, limited liability limited partnership
• Abbreviations of the previously listed words unless the owner of the trade name is a corporation, limited liability company, limited partnership, limited liability partnership, or limited liability limited partnership

While filing articles with the Secretary of State provides some protection of the name in North Dakota, it does not eliminate the risk of an objection by another party. In addition, if a mark is registered with the Patent and Trademark Office in Washington, D.C., the federal registration may supersede the protection afforded by state law. 

The Secretary of State is not required to check the federal trademark index when deciding the availability of a name. You should perform due diligence to make sure that the name that is chosen does not in any way infringe on any federally protected name.

A charitable organization is a nonprofit that operates for the benefit of the public or a specific cause and participates in solicitation for charitable purposes. 

If your nonprofit will be soliciting contributions, you may be required to register with the Secretary of State as a charitable organization in addition to registering as a nonprofit organization. Visit Charitable Organizations to learn more about registration requirements.

A trademark or service mark is your brand or logo and includes any word, name, symbol, device, or any combination of those used by a person or organization. 

A trademark and service mark registration is not required in North Dakota, but you may want to register one to establish rights to the mark in North Dakota. When you file a trademark or service mark registration, the Secretary of State will review it based on NDCC ch. 47-22 to ensure that it will not be the same as, or deceptively similar to, any other business or nonprofit name, trade name, trademark, or service mark registered with the Secretary of State.

The Secretary of State is not required to check the federal trademark index when reviewing filings for trademark or service mark registration. You should perform due diligence to make sure that the name that is chosen does not in any way infringe on any federally protected name.

Forms to register a trademark or service mark are available on the FirstStop Portal.