Introduction
If you’re anything like the majority of people, your name is more than simply a label; it’s an integral component of your identity. However, this does not preclude the possibility of using it as a trademark in any way. Personal names can, in fact, be registered as trademarks in the United States with the United States Patent and Trademark Office (USPTO), provided that the names are not generic. Before you register brand name with USPTO, you will need to check to see whether it is already in use by someone else. This is especially important if your name has any significance or history linked to it (for example, if it is the name of your company).
Because trademarks do not need to be imaginative or random, they are also allowed to be purely descriptive, which means that you can register your name as a trademark.
A term, phrase, logo, or other sign that is used to identify and differentiate the origin of products or services from other sources is referred to as a trademark. In most cases, registering a trademark is required in order to stop consumers from being confused and to avoid unfair competition in the market. There is no rule that says trademarks have to be clever, random, or provocative; in fact, they might be nothing more than descriptive.
In order to get legal protection at either the state or the federal level, a trademark needs to be unique. In other words, it needs to be able to identify its owner with specific products or services so that customers will recognise them as being associated with a specific business entity when they buy those products or services. This is necessary so that customers will recognise them as being associated with the business entity.
Registration for service mark protection is more common than it was in previous years due only to the fact that there are so many more Internet-based businesses today, but it still remains an option. Trademarks can be registered for both goods and services (including computer software), although registration for service mark protection is more common than it was in previous years. Choosing what kind of protection makes sense based on what industry you’re involved with would definitely help guide your decision making process here if you want one specific type of protection over another type of protection. This is because there aren’t really any hard guidelines about what makes sense for everyone else versus what might make sense just based off personal preference alone. If you want one specific type of protection over another type of protection, then choosing what kind of protection makes sense based on what industry you’re involved with would definitely help guide your decision
Your birthname can, in fact, be registered as a trademark for use in association with your goods and services.
A trademark can be anything from a word or phrase to a symbol, design, device, sound, colour, or scent that identifies and differentiates the source of the goods or services of one party from those of other parties. Words and phrases are the most common form of trademarks, but they are not the only form. You may register a trademark on the form of an apple, for instance, if the apple represents your company in some way. Although the term “Apple” is commonly associated with trademarks, this is just a small portion of what is protected by current trademark law in the United States of America.
The US Patent and Trademark Office does, in fact, authorise the registration of personal names.
You have the ability to register a brand name that you have been employing in your company for a significant amount of time. For instance, if the name of my business was “Alicia’s Cookies” and I had been selling cookies under this name since 2010, I would be able to submit an application for a trademark registration for “Alicia’s Cookies” and use it as my official trademark or brand if I was successful in doing so.
If your actual name is already associated with some other product or service (other than yourself), then you may have trouble getting that mark registered because there is already something else out there with your actual name on it. If your actual name is already associated with some other product or service (other than yourself), then you may have trouble getting that mark registered (for example, someone selling Alicia-brand cookies).
In point of fact, registering a company’s logo, slogan, or even colour as a trademark is not an unusual practise among firms. You may desire to register a trademark for your name for a wide variety of reasons; nevertheless, the following are some of the more typical ones: If you are a celebrity and you want to register your name as a trademark, then you probably won’t be able to do that because the USPTO has decided that it would be unfair for them to allow people with higher profiles in society (like celebrities) to have an advantage over everyone else. This decision was made because the USPTO believes that it would be unfair for them to allow people with higher profiles in society (like celebrities) to have an advantage over everyone else. If you’re Alicia Keys, you shouldn’t waste your time attempting to have the name “Alicia Keys” registered as a trademark for anything but music or apparel lines.
You have the ability to file a trademark application using your own name.
It’s possible that learning that the law allows you to register your real, legal name as a trademark for products and services will come as a bit of a surprise to you. Under the legislation of the United States pertaining to trademarks, it is not necessary for you to choose a name that is made up or completely random in order to protect it. The difference between words that have an ordinary meaning and other words that have no connection with their root meanings is what is meant by the term “arbitrary.” For instance, “Apple” does not have any ordinary meaning other than its use as a fruit or Steve Jobs’ company. On the other hand, “Banana Republic” does not have any connection with bananas but rather refers to an imaginary place where everyone wears brightly coloured clothing from tropical climates (this imaginary location is known as G Street).
If the only thing that protected your mark was its literal definition, then anyone else could start using it without permission from you because they would be able to convince themselves that their use was not infringing upon yours. This is because the United States Patent and Trademark Office (USPTO) will not recognise any marks that are defined by their literal meaning alone.
Conclusion
It is possible to register a personal name as a trademark with the USPTO, and this is something that may be done in the United States. You are allowed to register your birthname in addition to any other name that you have used in connection with your company or services, so long as the name is not likely to lead to confusion with another mark nor is it likely to mislead consumers. If you have been using your personal name for a number of years without ever registering it, then there are still a number of options available to you. One of these options is called evidence of use (EOU), and it enables you to use your mark prior to filing a US trademark application with the USPTO. If this describes your situation, then you should continue reading.
