Any person's name, without more, is not a trademark. A
trademark must serve as a source indicator for goods or services. A
person's name simply identifies a person.
It is possible that a person's name as used in connection
with the sale of goods or services could acquire trademark
significance among consumers (think George Foreman® grill). But
the USPTO makes clear that any surname that is recognized
primarily as a name cannot be registered as a trademark. And any
trademark (meaning trademark significance has been established)
comprised of a the name of a living individual cannot be registered
without her consent.
What about U.S. Presidents? The USPTO has a rule for that. The
USPTO must refuse registration of the name, signature, or portrait
of a living President or a deceased President of the United States
during the life of his widow, if any, except by the written consent
of the widow.
