Can i trademark my birth name [Updated]

Last updated : Sept 28, 2022

Can you trademark a human name?

It is not illegal for the U.S. Patent and Trademark Office to register a person's name as part of a trademark, but it only grants this level of protection to names that are widely used in commerce or are unique. Trademarks are granted to protect established brand names from inferior competition.

Why would you want to trademark your name?

Names hold power in business. So establishing ownership of and rights to a business name is an important step for businesses that want to ensure a name remains one-of-a-kind. Registering a trademark helps protect a name or brand from intellectual property theft or misuse as a business grows.

When should you trademark your name?

While it's advisable to apply for a trademark as soon as possible, there is one catch. Having a trademark implies that your product or service is market-ready and the trademarked name is being used in interstate commerce (i.e. selling in more than one state).

What names can you not trademark?

• Proper names or likenesses without consent from the person.
• Generic terms, phrases, or the like.
• Government symbols or insignia.
• Vulgar or disparaging words or phrases.
• The likeness of a U.S. President, former or current.
• Immoral, deceptive, or scandalous words or symbols.
• Sounds or short motifs.

Is it better to trademark or copyright a name?

A trademark can protect your name and logo in case someone else wants to use them for their own purposes. Also, you cannot really copyright a name, since copyright protects artistic works. This is exactly why you need to have a trademark that protects your company's intellectual property, such as your logo.

How long does a trademark last?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

Can you trademark a name without a business?

You can't register a trademark for non-business purposes. You can only trademark a brand name that you're using in business or that you intend to use in business in the near future.

Should I get a trademark or LLC first?

4. Should you get an LLC first or trademark? Yes, you should get an LLC first before a trademark because the trademark application will need to identify the LLC as the trademark owner. You should create an LLC or business entity before you file a trademark application.

How do I trademark a name for free?

You can not register a trademark for free. However, you can establish something known as a "common law trademark" for free, simply by opening for business. The benefit of relying on common law trademark rights is that it's free, and you don't need to do any specific work filling out forms, etc.

How much is a trademark?

No matter how you file, you will pay a minimum of $250 to apply for a Federal trademark. But considering the importance of your trademark, and the potential complexities you face when filing, it's not a bad idea to use a lawyer or filing service.

Can you copyright your face?

Many wonder, “Can I trademark my face?” Unfortunately, the immediate answer is no. Copyright is only valid for man-made creative ventures. The creative work must be a product of deliberate effort through creativity and conscious choices.

Can a single word be trademarked?

A trademark registration with the USPTO is a registered trademark and gets marked with the registered trademark (®) symbol. You don't have to register a word with the USPTO to get trademark status. A word is a trademark if that word identifies a brand, regardless of whether the word itself is registered.

What is not protected by trademark?

Generic terms are not protected by trademark because they refer to a general class of products rather than indicating a unique source.

What are the benefits of having a trademark?

• A Federal Trademark Registration Protects Against Infringement.
• A Federal Trademark Registration Provides Nationwide Validity.
• A Federal Trademark Registration is a Valuable Asset.
• Unique Trademarks Helps Customers Find You.

Is Mickey Mouse a trademark or copyright?

People can now create their own stories with the original Mickey Mouse character. However, there are still legal hurdles like trademark law. Disney holds Mickey Mouse trademarks for a variety of commercial uses. And while copyright is time-limited, trademarks are not.

How do you know if a name is trademarked?

You can search for federally registered trademarks by using the free trademark database on the USPTO's website. To start, go to the USPTO's Trademark Electronic Business Center and choose "Search trademarks." Then follow the instructions you see on the screen. Check state trademark databases.

What are the three types of trademarks?

What you'll learn: Arbitrary and Fanciful Trademarks. Suggestive Trademarks. Descriptive Trademarks.

Can you lose a trademark if you don't protect it?

If you don't enforce your trademark, you risk losing reputation, business, sales, customers, and more to the infringer. There's also a concept in trademark law called abandonment. Generally, if you don't use your mark for three years or more, it's considered abandoned.

How much does it cost to file a trademark for a phrase?

If you have ever asked yourself how much does it cost to trademark a phrase, according to the current fee schedule on the USPTO, trademark registration fees cost $275 per mark per class. If you need an attorney's assistance, the cost averages around $1,000 to $2,000.

Can someone steal a trademark?

Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.

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Thanks for this great article

Thanks for your comment Clarence Prociuk, have a nice day.
- Rosaline Mordhorst, Staff Member

bad wolf the man in black all right so how do you file a trademark uh how do you get a trademark registration what is a trademark registration should i do it do i need it um well what that is is you well you've heard of you know trademarks you've watched movies they said this image is trademarked you know blah blah blah you can do the same thing with your name okay and that's what this really is about so it's based off of your strong man and you claiming it um this is one way you can claim it um there's other ways you can open a business underneath the name where you're basically registering that you own that name so it's the same thing this is just a different way um i think it costs at least here in wisconsin it's like 40 or 50 bucks for the for the file um but how do you do what is it it's all really self-explanatory you go to your your state whichever one you live in you go to whatever their head of state's website is like for ours it's wdfi.org and there'll be a section over there that'll say uh follow your register your trademark or you know copyright your trademark or something like that register it or you know registration for that you can do it through a ucc one on there as well but the more popular way to do it the best the better way to do it would be just to go straight to doing um um a trademark registration okay because then you're saying you own it you're saying you have all the rights to its exclusive so when you go through it it'll ask you a question like how long have you been using it for me when i did mine um i said since i was born you know 76 so um i said 1976 you know my birth month and all i get stuff the day this is when i was starting using it um if you want to put a little bit before then you can but in general or you can just say two years ago five years whatever i mean whenever you want to claim it really but for me because then if i say on the day of or the or the day before i was born it was being used for me um then that means that you have really exclusive rights to that okay so it's all self-explanatory you go through you're going to put you know your name in there upper and lower case and then they're going to say well what name have you been using so here's the key thing um you want to put every variation of your name okay so hear me out so you're going to put your upper and lower case name first middle last you're going to put your straw man name especially and and really you want to start off with that they'll ask you what's your primary trade name okay put your all caps name first middle last that's how you gain access to your straw man okay because now you own that all caps names it's they are the trustees of it but no one has filed a trademark for that name most likely in your state okay so you file for that they don't say have this business or entity used any other name or are there any other variations associated with this name or to be construed as this name that's when you're going to want to lay out everything all right so your upper and lower case name um you're all case name first full name middle name last name all spelled out okay then all caps first name middle initial full last name first initial middle initial last initial only last initial middle initial first initial in all caps first initial last initial any other names that you've your nicknames that you've gone by last name full middle name first name because in the military tent they usually tend to go all caps and start off with your last name you know middle initial full name you want every variation every which way you can mix and match your name uppercase lowercase initials nicknames all of them just your first initial and last name middle initial last name um first name middle name all them you want to put every variation you can possibly think of and it's more than you think you know especially when you throw in upper and lower case once you do all of these things in the uh box below it you now are the owner of those trademarks so anytime somebody wants to use any of those things um any kind of associations with that okay you can charge because they're utilizing your um trademark they're infringing on it okay you can charge a fee all right so you might also want to put in there a free variant of your name let's say um you go j o and then your last name or something or you know uh your first name then a number and whatever just so they have something free that they can utilize to contact or message you you don't have to i'm just saying you might want to do that um because some people i know right now they're like well i'm going to do that and i'm going to own that name and then every time they send me mail i'm going to send them a cease and desist which you can do for me i don't want to really rock the boat i'm telling you what's possible educational purposes only is that any time somebody uses that information that variation you are the owner of it you have full rights to charge a fee for it now you can't just send them an instant fee right away you have to send them a notice of cease and desist and if you want to be proper that's why i said you put in an alternate name that is free for them to use um some variant of your name um you know whatever um excuse me and you give them notice that you know you have a 15 day or seven day notice to cease and desist otherwise this is the fee for using utilizing this for contacting me by using utilizing my trademark um and then they have to cease and assist if they don't and they continue that's when you can go after them um you know send them a bill or take them to court and suit them that way like i said the proper way to do it if you want to be business correct would be to have a variant of your name um maybe your last name only with your first initial and put like 101 behind it and say this is the official correspondence name that is free to use when conducting business with me or trying to contact or communicate um so if any other places departments organizations whatever else you use that name you know or you apply for something you have to let them know that hey this is a trademark name you know and so they might then also ask you well do you have a you know uh you know a free name or are you are you giving us permission to utilize your name so those are some of the things you have to keep in mind that you might have to do when you do that so that's just a little bit of information on how to do a trademark i'm so self-explanatory it all just says you know how much you know you can put down their fee for utilizing this specific name a thousand five thousand five hundred thousand um no fee um i just own it you know whatever and fill out the form pay the fee and that's it you filed it um unless it infringes upon someone else's you should be okay most likely no one in your state has your exact name which i know some people do but has filed a trademark on it um also like if you have a family crest or logo assemblies you always use that is yours now you can borrow other people's images as long as you change them but has to be more than 25 i think 30 or 35 percent so somewhere in

Thanks Aikhoniu your participation is very much appreciated
- Rosaline Mordhorst

About the author

Rosaline Mordhorst

I've studied mathematical economics at Dickinson State University in Dickinson and I am an expert in post-modern literature. I usually feel exanimate. My previous job was motorcycle mechanic I held this position for 3 years, I love talking about beer tasting and homebrewing. Huge fan of Michael Phelps I practice rhythmic and collect records.