Can you trademark someone’s name? You might be able to register a person’s name as a trademark if the name meets certain conditions. If the name identifies a living individual, consent to register must be made of record [see TMEP 813].
If someone else is trying to trademark your personal name without your permission, they are probably not going to be very scrupulous in how they go about it. Instead of getting your permission, they might submit a statement that their mark does not identify a living individual. Why not beat them to the USPTO by filing your trademark application before theirs?
If you use someone’s trademark without first obtaining express consent or without a legal right to do so pursuant to the fair use doctrine, the trademark owner can sue you for trademark infringement. Trademark infringement damages may include monetary compensation based on loss of profits and economic harm.
Yes, someone else can get a trademark for your brand name in another country. Trademarks are territorial in nature, which means that you have to get them registered in every country separately.
To make sure someone else doesn’t use your name—or the name of your business—you must trademark that name. You can also register a trademark internationally with the World Intellectual Property Organization. Note: Before you decide to trademark your name, consult with an intellectual property attorney.
Many trademarks come with logos or images that help to brand the name, distinguish it from other similar names, and give it more visual appeal.
What happens if someone else trademarks your business name? If your unregistered mark infringes on a registered mark, you no longer have the common law rights.
A trademark is a symbol, word, or phrase that represents a product or a service. If someone else tries to use it, you have the right to take legal action to protect it. In order to obtain a trademark, you must come up with a unique mark that isn’t already in use, then file an application and pay the filing fee. If your application is approved, you’ll be free to use your trademark in commerce.
Can you register a person’s name as a trademark? You might be able to if the name meets certain conditions. If someone else is trying to trademark your name without permission, submit your trademark application before theirs.
If you use someone’s trademark without consent or a legal right to do so under the fair use doctrine, the owner can sue you for infringement. Damages include monetary compensation for loss of profits and economic harm.
Yes, someone else can get your brand name trademarked in another country. Trademarks are territorial, so you have to register them separately in each country.
To prevent others from using your personal or business name, you must trademark that name. You can also register an international trademark. Before you trademark your name, consult with an attorney to make sure it’s done properly.
Personal names can act as trademarks without proof of secondary meaning because they are inherently distinctive.
If an unregistered mark infringes on a registered one, you lose common law rights. It’s hard to prove prior use, especially against an approved application. A trademark symbolizes a product or service. You can take legal action if someone else tries using your registered mark. Approval allows use in commerce.