Can You Trademark A Personal Name?

Naming a business after one's personal name can be a popular choice, but it is important to consider the legal implications of doing so. In order for a personal name to be eligible for trademark protection, it must meet certain criteria. A trademark is a word, phrase, symbol, or design that identifies a brand and distinguishes it from other parties' goods or services. Although personal names seem like they would be ideal for trademark protection, a mark must be distinctive to be trademarkable.

"PRIMARILY MERELY A SURNAME" PRECLUSION

Under U.S. trademark law, a mark that is "primarily merely a surname" cannot be protected without proof that it has acquired a "secondary meaning" or "distinctiveness." There are five factors that determine whether a name is "primarily merely a surname": the rarity of the surname, whether the mark is the name of anyone connected with the applicant, whether the name has any recognized meaning other than as a surname, whether the mark