The Fine Print

My column in the upcoming issue of Overtones (May/June 2011) shares some information about the process we are now going through to implement our new name by October 1, 2011. In that column I refer you to this blog post to find out all the technical, legal details of that process - or the fine print. So get your reading glasses out - or magnifying glass - or whatever you use and follow closely as I take you through the steps.

1. Our first step in the process was to determine what approach we would take with our name change. Would this be a complete new corporate entity or just a new brand? A new corporate identity would require a much more elaborate process of amended Articles of Incorporation, revisions to our National By-Laws, and much more. Additionally, it would require the same of each of the 12 Areas. A new brand can be handled through a much simpler process and achieve the goals set by the National Board when they made the decision to implement our new name.


2. Next, I engaged the law firm of Frost, Brown, Todd and Associates to assist through the legal process of implementing a new brand. Two attorneys there are assisting me - one with the necessary business filings and the other with the trademark elements of the change.


3. Through several phone calls and consultations with our attorneys, we determined that the best course of action is to file "fictitious name" or "doing business as" paperwork with the State of Ohio, where most of the business for the national office is transacted. Even though we are incorporated in the State of Delaware, we transact very little, if any, national business there. In addition, the laws of that state require that this type of filing take place in the county where the business is located. Since we are not located in Delaware, it would be impossible for us to even file the necessary paperwork.


4. Additionally, we determined that it would not be necessary for any of the 12 Areas to file any paperwork related to the name change. Our legal name will remain American Guild of English Handbell Ringers. Only our trade name will change. So each Area is operating according to their own Articles of Incorporation and By-Laws.


5. In addition to filing our new Trade Name, we have started the process of registering the new name and logo with the U.S. Office of Patents and Trademarks. Two applications have been submitted for review by that office - one for the actual name, Handbell Musicians of America, and the second for the mark - or the logo without the words. Once approved, we will then license each of the Areas to use these items.


6. Through this process our new name and logo will be legally protected under trademark law and we will continue to transact business as usual as the Handbell Musicians of America.

So, that wasn't so bad, was it? Not too complicated, I hope. Of course, if you would like more details about any part of this process - please contact me - jcauhorn@agehr.org. I will do my best to answer your questions.