A trademark is any word, name, symbol, device or combination thereof used by a person to identify goods made or sold and to distinguish them from the goods made or sold by another person. In general, you use a trademark to identify a product or goods that are sold (examples include soft drinks, automobiles, magazines and food).
A raffle is a game of chance in which a participant is required to purchase a ticket for a chance to win a prize, with the winner to be determined by random drawing.
I am not raising money for a charity; I can conduct a raffle, right?
No. Only qualified 501(c)(3) or 501(c)(19) organizations that have applied and been approved are allowed to hold a raffle. Holding a raffle would be a violation of law and subject to criminal prosecution.
What are the consequences for holding an unauthorized event?
If the Secretary of State is notified of an unapproved event, the Division will notify the local district attorney general. Conducting an unapproved game of chance may be a violation of the criminal gaming statute, and local law enforcement has jurisdiction to investigate and prosecute the individuals responsible for the event.
Who is allowed to hold a raffle?
Only a qualified 501(c)(3) or 501(c)(19) organization that has submitted an application to the Division of Charitable Solicitations and Gaming and that has been approved by the Tennessee General Assembly can hold a raffle.
What types of gaming events are 501(c)(3) or 501(c)(19) organizations allowed to hold?
Raffles, reverse raffles, cakewalks, cake wheels, and bingo.
How do I change my business address?
You can file form SS-4800 to change the mailing address by mail or in person. A change in Registered Agent or principal address requires filing Articles of Amendment and paying the statutory $20 filing fee. Forms can be found on our the Forms & Fees page for mail and in person filings.
Are there individuals who are not allowed to purchase tickets?
Yes. The individuals who are not allowed to purchase tickets include:
Any member of the board of directors of a 501(c)(3) or 501(c)(19) organization authorized by the general assembly to operate an annual event for such organization.
Any officer or employee of a 501(c)(3) or 501(c)(19) organization authorized by the general assembly to operate an annual event for such organization.
Any immediate family member residing in the same household as the board of directors or an officer/employee of the organization. (The Charitable Gaming Law defines immediate family as spouse, child, step-child, brother, sister, son-in-law, daughter-in-law, parent or grandparent)
Any member of the general assembly during such member's term of office as a member of the general assembly.
The Secretary of State or any employee of the Secretary during the Secretary's term of office and such employee's term of employment with the Secretary.
Any vendors including employees, agents, or subcontractors (also includes immediate family members of the same household) who provide printing services, telephone services, and any records, devices, or other gaming-related supplies and those who provide prizes for the authorized annual gaming event.
What happens if the reports are not filed?
An organization that fails to submit the report by 90 days will be responsible for a $10.00 per month late fee. If a report is not filed at all, action may be taken against the organization. Failure to timely file in 2 of 3 consecutive gaming event periods could result in disqualification from conducting future events.
Are accounting reports or post event financial data required?
Yes. A financial report is due 90 days after the annual event date stated in your application. If gross revenue from an event exceeds $75,000 an audited financial statement is also required. Also, organizations must return at least 25% of its gross proceeds of the event back to its stated charitable purpose or program.
How do I renew a registered trademark or service mark?
What are the laws governing trademark registration in the state of Tennessee?
The Tennessee Trade Mark Act of 2000 governs trademark registration in Tennessee. The Tennessee Trade Mark Act of 2000 can be found in the Tennessee Code Annotated, Sections 47-25-501 through 47-25-518.
Can I search the Motor Vehicle Temporary Lien database?
Click here for the Motor Vehicle Temporary Lien database.
Are political candidates and campaigns allowed to conduct raffles or other games of chance?
No. The law only allows qualified 501(c)(3) and 501(c)(19) organizations to hold gaming events. Political candidates and campaigns for public office are not considered 501(c)(3) or 501(c)(19) tax exempt organizations.
What is the mode or manner of use?
How the applicant is using the mark. For example, “business cards”, “letterhead”, “flyers”, “signs”, “labels”, “newspaper advertisements”, “billboards”, “bus benches”, “television advertisements”, “websites”.
For what reason might an application for registration or renewal of trademark be rejected by the Division of Business Services?
The reasons for rejection include, but are not necessarily limited to:
An incomplete form is submitted. All blanks must be filled in for both registration and renewal applications.
An acceptable specimen is not provided. A specimen is required for both registration and renewal applications.
No signature.
Incomplete dates. Dates must include month, day and year.
The application is completed in pencil. All registration and renewal applications must be typewritten or completed in ink.
Failure to include the $20.00 per classification filing fee.
Failure to include the type of goods and/or services to be provided.
Failure to include the mode or manner of use.
Failure to include a classification in the application.
A new owner is listed in a renewal application.
Whom do I contact if I find out about a game of chance that is not approved?
Please contact the district attorney for the county in which you believe the game of chance is taking place or contact Charitable Solicitations at (615) 741-2555 and the Division will notify the appropriate authorities.
If the political candidate or campaign asks for a donation to be entered into a drawing, is that allowed?
No. If someone is required to pay for a chance to win a prize, it is considered a raffle. Only qualified and approved 501(c)(3) and 501(c)(19) organizations may hold a raffle. It does not matter that the payment is called a “donation.”
When can an organization begin selling tickets?
Organizations with an approved gaming event can begin selling tickets 120 days before the event.