Trademarking a First and Last Name: What You Need to Know

Can you trademark a first and last name?
Unlike surnames, personal names (first names and first names used with last names) can act as trademarks without proof of secondary meaning because they are considered to be inherently distinctive. In summary, if the name is considered primarily a surname then acquired distinctiveness must be proved.

When beginning a company or introducing a new product, it’s crucial to safeguard your brand and make sure that no one else can use it without your consent. One method to achieve this is by trademarking the name, logo, and other distinctive elements of your business. But can a first and last name be trademarked? The answer is yes, but there are some restrictions and things to take into account.

To start, if a person’s name is being used as a brand or identification for a good or service, it may be possible to trademark that name. However, it could be challenging to secure a trademark if the name is overly popular or generic (such as “John Smith” or “Mary Johnson”) because it wouldn’t be distinctive enough to be recognized as a particular brand.

Furthermore, if the name belongs to a well-known or renowned person, their name might already be covered by trademark protection in some circumstances. For instance, if you wanted to launch a clothing brand called “Michael Jordan,” you probably wouldn’t get far because the basketball player has registered his name for use in a variety of goods.

How much does it thus cost to register a trademark? Depending on the nation and the kind of trademark you are asking for, the price may change. The cost of an online trademark registration application in the United States is presently $350 per class of goods or services. Working with a trademark lawyer is also advised to make sure that your application is completed and submitted correctly.

Is it necessary to register your logo as a trademark? is another popular query. Even though it is not required by law, registering your logo as a trademark can give you extra security and stop others from copying it. Additionally, if someone does violate your intellectual property rights, having a registered trademark might make it simpler to claim your rights.

Finally, it’s critical to comprehend the distinction between trademarks and copyrights. Books, music, and other creative works are protected by copyright, whereas brands and other identifiers used in commerce are protected by trademark law. Even if there can be some overlap, it’s crucial to make sure your unique intellectual property is properly protected legally.

In conclusion, if a first and last name is being used as a brand or identification for a good or service, it may be possible to trademark the combination. Make sure the name is unique and has not already been registered as a trademark by another entity. Additionally, registering your logo as a trademark can provide your brand more security. Finally, knowing the distinction between a trademark and a copyright is essential to protecting your intellectual property.

FAQ
In respect to this, how much does it cost to trademark brand?

Depending on the nation and the type of trademark application, the cost of trademarking a brand can change. A trademark application with the United States Patent and Trademark Office (USPTO) can cost between $225 and $400 depending on the class of products or services. However, additional charges can be necessary for services like maintaining the trademark registration or expedited processing. To ascertain the precise expenses and requirements for trademarking a brand, it is advised to speak with a trademark lawyer.

Thereof, what’s the difference between llc and trademark?

A trademark and an LLC (Limited Liability Company) are two different legal ideas.

A corporate structure known as an LLC shields its owners from personal liability. It limits the owners’ accountability for any debts or legal troubles the business may have by separating their personal assets from the company’s assets.

The source of a good or service is identified and distinguished by a trademark, which can be a sign, word, or phrase. It is a type of intellectual property that can be utilized to safeguard your brand and registered with the US Patent and Trademark Office (USPTO).

In a nutshell, a trademark is a type of intellectual property protection, whereas an LLC is a particular kind of corporate entity. While it is conceivable for a business to own both an LLC and a trademark, their functions and levels of legal protection are distinct.