I was in the process of registering a name for my non profit and its website....??

It is an orginazation that will offer free HIV/AIDS education and testing. I have found out that the name I wanted to use is a brand name of a rapid HIV test (it had the circled "R" symbol next to it). Should I come up with something else, I don't want to run into trouble somewhere down the line. Opinions and alternate names will be very much appreciated. Thanks.

The domain name is not taken, i just don't know if i would be sued if a nonprofit has the same name as a companies product.

Determining if marks infringe can be tricky and each situation varies from another.

The general rules to keep in mind are:

1) Are the names similar in Sound, Appearance or Meaning?

2) Are the industries the same or similar to one another?

3) Are the names confusingly similar to the average consumer? In other words, could customers be confused and assume that both companies are affiliated?

4) Do the trade areas cross? What about the advertising routes -- are the products/services advertised in common places?

Here's what the USPTO has to say about this matter:

"The principal factors considered by the examining attorney in determining whether there would be a likelihood of confusion are:

the similarity of the marks; and
the commercial relationship between the goods and/or services listed in the application.

To find a conflict, the marks do not have to be identical, and the goods and/or services do not have to be the same. It may be enough that the marks are similar and the goods and/or services related."

It's best to contact a private search company or a trademark attorney to assist you in determining if this will be a problem or not.

Hope that helps! I wish you much success & happiness in all your ventures!

fyi, there are about 100 free orgs who offer this now;you might be wasting your time.

otherwise, yes, register it.