Should I Trademark My Name?

If famous people are trademarking their names, you may be wondering, “Should I trademark my name too?”

For most people, the answer is no. The fact is, you can only trademark a name if you use it in your business. And you’ll have to show that people are likely to think of you and your goods or services when they hear the name.

If you do use your name for business and you are well known by the consuming public, then registering a trademark for your name might be a good idea.

Can you trademark a name?

Trademark law protects names, logos and other “marks” that are used in commerce. To register your name as a trademark with the U.S. Patent and Trademark Office (USPTO), you must use it in business. Famous personalities like Julia Roberts and Michael Jackson can register their names as trademarks because their personal names are also their business names. But if—like most people—you only use your name for personal purposes, you can’t register it as a trademark.

In addition, you can’t trademark your name if it is likely to be confused with other registered trademarks. That means it can’t be similar to an existing trademark if the two trademarks relate to a similar type of goods or services. Beyoncé and Jay-Z’s application to trademark Blue Ivy was denied because that name was already being used by a Boston company, Blue Ivy Events. The rock guitarist Dweezil Zappa no doubt had an easier time showing that his name was unique.

If you use your name in business and it’s not likely to be confused with another trademark, you face one more obstacle that may be difficult to overcome—at least until you have been using your name in business for some time.

Because personal names fall into a trademark category known as “descriptive” marks, you usually can’t register your name as a trademark unless you can also show that it has “secondary meaning,” which is usually acquired through advertising or long use. This means the name is so well known that when people hear it, they automatically associate it with the goods or services you provide. Examples of names that have this “secondary meaning” include singer Madonna, Tim Horton’s donut shop, and Mrs. Fields cookies.