Trademarking Your Name
The Trademark Office doesn’t monitor your trademarked name for infringement, you must do this yourself. When assessing the registrability of your own name, it is important to evaluate if any similar or identical trademarks are already registered for similar goods or services. Conducting a comprehensive trademark search is essential to identify potential conflicts and make an informed decision.
Cost of Trademark Registration
- Filing with your state: $50 to $150 for sole proprietors and contractors.
- Corporations or LLCs: Less than $150 in most cases.
A trademark typically protects brand names and logos used on goods and services. A copyright protects an original artistic or literary work.
Steps to Trademark Your Name
- Trademark clearance search
- Applying for the trademark
You can trademark your own name if you provide goods or services under that name. It’s advisable to consult an attorney before using any trademark. If you have a common name, choosing a more original name or nickname for your brand may be beneficial, like Norris Nuts.
Using Your Name as a Trademark
There are no absolute rights to use your name as a trademark; however, it is possible under certain circumstances. Surnames often lack distinctiveness for trademarks. Rare surnames may qualify if proven distinctly identifiable. In the EU, owners cannot stop natural persons from using their own name honestly, benefiting sole proprietors acting as individuals.
Trademark Registration Process
- Research: Ensure the uniqueness of your intended mark.
- Filing: Through the USPTO’s online system.
- Examination: By an assigned examining attorney.
- Publication: For any opposition.
- Approval: Final registration.
Legal Considerations and Costs
Laws don’t prohibit personal name registrations, except British royals. However, trademark rights come with responsibilities, and infringement disputes could restrain using your own name commercially. Seek legal advice before registering.
Costs for federal trademark range from $225 to $400 plus legal fees, depending on the class of goods/services. State trademark fees range from $50 to $150.
Benefits and Restrictions of Trademarking Your Name
Trademarking a personal name allows business owners to distinguish their goods/services and protect their brand identity. If you have a successful online persona, registering your name can provide exclusive rights. However, if a name is already trademarked, you cannot use it for similar goods/services, as courts consider consumer confusion.
Unique branding like PewDiePie or Norris Nuts can help establish distinctiveness. Trademarking involves purpose and the rarity of your name—registering your work via copyright and state services adds protection. For international trademark protection, first register with USPTO, then apply through the Madrid Protocol.