Can You Trademark Your Own Name?
From fashion labels to consultancies, personal names can be trademarked — but a primarily merely a surname refusal often stands in the way.
Free Trademark Search →When can you trademark a personal name?
A personal name is registrable when consumers recognize it as a brand rather than just a person. Full names, distinctive first-and-last combinations, and names paired with distinctive design or wording register more readily. The key is that the name identifies the source of goods or services in commerce, not merely an individual.
What is the surname refusal?
Under Section 2(e)(4), the USPTO refuses marks that are primarily merely a surname, because surnames should stay available for others who share them. To overcome it, you can show acquired distinctiveness — typically five years of substantially exclusive use plus evidence of consumer recognition — or amend to the Supplemental Register. Adding distinctive elements can also help.
How do you register a name-based brand?
Decide whether to file the plain name or a stylized version, run a clearance search to avoid conflicts with existing name-based marks, and be ready to address a possible surname refusal with proof of use. Consent is also required if the name identifies a specific living person. Secure Mark USA can file the application and manage these requirements.
Ready to protect your brand?
Secure Mark USA is a private USPTO trademark filing service (not a law firm and not the USPTO). Filing starts from $99 plus the $350-per-class USPTO fee.
Start Your RegistrationKey takeaways
- Personal names can be trademarked when they function as brands.
- Marks that are primarily merely a surname face a Section 2(e)(4) refusal.
- Acquired distinctiveness or the Supplemental Register can overcome a surname refusal.
- Consent is required to register a name identifying a specific living person.
- Secure Mark USA files applications from $99 plus the $350-per-class USPTO fee.
Frequently asked questions
Can I trademark just my last name?
You can try, but a name that is primarily merely a surname is refused until it acquires distinctiveness through use.
Is a full name easier to trademark than a surname?
Often yes, because a distinctive full name is less likely to be seen as merely a surname.
Do I need permission to trademark a name?
If the mark identifies a specific living individual, you need that person’s written consent to register it.
Can I trademark a stage name or brand persona?
Yes, if it is used to identify goods or services in commerce and meets the usual distinctiveness requirements.
Is Secure Mark USA a law firm?
No. Secure Mark USA is a private USPTO trademark filing service, not a law firm and not affiliated with the USPTO.
Helpful resources
Trademark Registration · Free Trademark Search · Trademark Renewals · USPTO Trademark Classes · Trademark Consultancy
Start your trademark the smart way
Run a free search, then file with Secure Mark USA from $99 plus the $350-per-class USPTO fee.
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