Can i trademark my last name [Beginner's Guide]

Last updated : Aug 19, 2022

How much does it cost to trademark your last name?

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).

Can I use my last name as a brand?

For a family business, it's not unusual to put the family name as part of, or the entire, brand name. A surname can serve as the trademark, or brand, if it identifies – and distinguishes – the source of the product or service; but it also must not infringe on an existing user's mark.

Can a personal name be trademarked?

If the name is a personal name you may use it a trademark, as long as a namesake does not beat you to the punch, meaning that your proposed personal name would not cause a likelihood of confusion with a similar name already in use for related goods or services.

Is it worth it to trademark a 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.

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.

How long does it take to trademark a name?

Usually, the process takes 12 to 18 months. Registering your trademark is a complex procedure that involves your application moving through various stages. Learning about each stage in the process will help you understand why getting a trademark takes as long as it does.

Should I put my last name on my business?

In a hyper-competitive business environment, a successful company name provides an immediate jump-start -- a hint of your “special sauce” -- and a reason to ask for more information. A good business name creates intrigue and stirs interest. Surnames don't accomplish this; they are essentially inert placeholders.

Can you sue a company for using your last name?

If you discover that another business or person is using your business name, you can file a civil lawsuit against that business or person. In the lawsuit, you must show that you have used the trademark in commerce.

Should I put my name in my business name?

It increases a sense of connection. Using your own name for your business means that your clients and customers know exactly who they'll be working with — and they'll also have an easier time doing some research into your background and qualifications.

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.

Can you trademark your first and last name?

Under US trademark law, a mark which is “primarily merely a surname” cannot be protected as a trademark without proof that it has “acquired distinctiveness.” A mark is considered to be “primarily merely a surname” if its primary impact or impression on the purchasing public is that of a mere surname and not a trademark ...

What are the 3 types of trademarks?

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

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.

Can I trademark 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. You can't register a generic or descriptive name. Your trademark name has to be distinctive or unique in some way to be approved.

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.

Can you lose a trademark?

You can lose a trademark in a variety of ways. You can lose a mark through abandonment. A mark will be considered abandoned if you stop using it for three consecutive years and you have no intent to resume its use. You can also lose a mark through improper licensing or improper assignment.

What is a trademark secret?

A trade secret: is information that has either actual or potential independent economic value by virtue of not being generally known, has value to others who cannot legitimately obtain the information, and. is subject to reasonable efforts to maintain its secrecy.

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.

Can I use my trademark while its pending?

A trademark pending status is an interim solution for protecting your intellectual property. You can use the trademark or service mark symbols with your design, but you need to make sure you file the trademark application as soon as possible.

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Write a comment

Thanks for this great article

Thanks for your comment Shirley Winborne, have a nice day.
- Berta Tupaj, Staff Member

for persons are considering using their last names of trademark there's a few things you should know the first thing you should know is the trademark Act has a provision under section 12 13 that says a word that is primarily merely the name or surname of an individual is not protectable by the way of trademark that stops people with last name like mine Thompson from obtaining trademark protection and now there are some people who have names like singer or burned and those are also a dictionary definitions and because of that they're outside those rules but most of us are the Thompsons of the squirrel and they can get protection it's interesting to know that there's no prohibition it's obtaining trademark protection for first names so my first name is Doug I could get protection for Doug's whatever for a trade market in addition I could register my full name so my full name is Douglas be Thompson and I could register that if I chose to do so now for those of you who are looking around and saying what is this guy talking about you can see all sorts of exceptions for example McDonald's restaurants there's a section of trademarks of act against section 12 2 which basically indicates that when your trademark has become well known enough you can become an exception to the word to the rule but the problem is when you start out you're not well known it takes years often decades in order to build up the trademark sufficiently that you'll need the tests if you were able to obtain trademark protection for your last name but don't think you can go and use that trademark against other people with the same last name there's a provision in the trademarks act under Section 20 which indicates the registration of a trademark does not prevent a person from making any bona fide use of his or her personal name as a trade name so that gives you the a few points to go on respect to the use of your name as a trademark and you should keep those in mind and choosing your trademark

Thanks Osp6 your participation is very much appreciated
- Berta Tupaj

About the author

Berta Tupaj

I've studied microwave astronomy at Northeastern Illinois University in Chicago and I am an expert in sustainability studies. I usually feel crushed. My previous job was engineering professor I held this position for 6 years, I love talking about aircraft spotting and welding. Huge fan of Danny Koker I practice archery and collect beanie babies.