People often wonder, “Can you trademark a name?” The answer isn’t a simple yes or no. While personal names can become trademarks, they don’t easily qualify. It all depends on how the name is used in commerce and whether it has acquired distinctiveness, which can be a complicated analysis.
Many well-known brands started as personal names—think of Ford, Gucci, or McDonald’s. However, just because you use your name in business and your name is unique to you, it doesn’t mean the law will grant you the exclusive right to use your name to sell your goods or services. Understanding trademark rules is key before attempting to secure legal protection for your name.
Sorry, But Your Name Isn’t Necessarily Special!
Under U.S. trademark law, last names (or “surnames”) aren’t easily granted trademark protection. If your name is considered "primarily merely a surname," you’ll have to prove that it has acquired distinctiveness. This means showing that the public associates the name with your brand rather than just a family name.
Several factors determine whether a surname has acquired distinctiveness:
- Rarity of the surname: The more common the last name, the harder it is to claim as a trademark.
- Other recognized meanings: If the surname also has a separate meaning or connotation, it may be easier to obtain trademark rights, provided the name is not generic or already used by someone else for similar goods or services.
- Distinctiveness of stylization: Unique logos and designs can sometimes help a surname gain trademark status.
- Prior registrations — If you own an existing registration for the same or a similar trademark for goods or services that are related, you can make a claim of acquired distinctiveness based on the prior registration.
- Five years of use in commerce — It may be easier to acquire distinctiveness in a name that has been in substantially exclusive and continuous use in commerce for five or more years in connection with the goods or services.
- Actual evidence of acquired distinctiveness — You may be asked to submit proof that the name has acquired the necessary secondary meaning to consumers, meaning that the name is recognized as the source for the goods or services. Examples include sales figures, advertising efforts, customer testimonials
A trademark attorney will be able to take the evidence you have and present it effectively.
Your First Name is a Goldmine—If You Use It Right
One strategy to strengthen a personal name trademark is adding initials to a surname. For example, "J.P. Morgan" or "K.F.C." helps avoid the last names being classified as "primarily merely surnames." If your first name is common, pairing it with an additional identifier (such as an arbitrary word and/or a logo) can help. People are often surprised at the nuances of intellectual property law that these types of decisions turn on.
The Brutal Truth: Trademark Law Doesn’t Care About Your Legacy
Even if your name has historical or family significance, trademark law only cares about one thing: consumer perception. If your name is likely to confuse consumers with an existing trademark, you won’t get protection.
Likelihood of Confusion
A personal name won’t be approved as a trademark if it closely resembles an existing one in the same industry. If customers might assume two businesses are related due to similar names, trademark protection will be denied.
Celebrity Name Protection
Federal trademark law provides additional safeguards for celebrities. Even if a celebrity hasn’t used their name in business, others can’t register it without permission. Right of publicity is a separate area of law, typically governed by state law (as compared to trademarks, which have state and federal law mechanism). An intellectual property attorney will be able to guide you effectively.
False Suggestion of Connection Rule
To prevent misleading use of a famous name, the law prevents the registration of a trademark if it is so similar to another person or institution's name or identity that consumers would likely believe there is a connection between the two, even if there isn't one. For example, trying to trademark “Kobe Bryant Sneakers” without permission would be denied due to false association with the late basketball star. Further, it may very well result in action being filed by the Estate of Kobe Bryant.
If you’re asking, “can you trademark a famous person's name,” the answer depends on whether it’s being used in commerce and if it risks confusion with an existing mark.
The Bottom Line: Your Name is a Brand—Or It’s Nothing
Can you trademark your name? Yes, but only under certain conditions. Last names require proof of acquired distinctiveness. Celebrity names carry additional protections that prevent unauthorized use.
If you’re serious about turning your name into a brand, understanding these legal hurdles is something you want to speak with an entertainment attorney or transactions lawyer to fully understand your rights. Otherwise, your name might remain just that—a name, not a trademark.
So if you’ve ever wondered, “can I trademark my name,” or “can I trademark a nickname,” the answer depends on distinctiveness, commercial use, and whether there are similar trademarks in the marketplace. It requires strategic branding and legal awareness.
Hiring Horn Wright, LLP, as Your Trademark Attorney
Navigating the complexities of trademark law can be a lot to contemplate all at once, especially when it comes to securing legal protection for your name. That’s where Horn Wright LLP, comes in. Our experienced trademark attorneys understand the ins and outs of name trademarks and can guide you through every step of the process.
Your name is your brand—don’t leave its protection to chance. Contact our offices today at let Horn Wright LLP, secure your trademark and safeguard your identity in the marketplace.