Can I trademark my first and last name?

[silentscope]

(Washington state)

Without going into specifics, it's the only one of its kind in the US, and fewer than 3 in the world. I am also very well known professionally in my industry (something mainstream, not entertainment of any kind). Think law, tech, medicine, academia.

If I could do this, how would I go about it for best success rate? Understand the application process, I'm actually filling it out on (website removed] I will probably consult with an attorney in person about this as well if I get indicators that this is possible.

Advice very much appreciated.

 

[adjusterjack]

Can I trademark my first and last name?

If you mean "Is it possible to register a first and last name for trademark protection?" the answer is yes. Many people have done so.

I looked up a few on the USPTO website:

John Deere
Emeril Legasse
Elvis Presley
Shaquille O'Neal

Can you, in particular, register your name?

Beats me. All you can do is apply and see how it goes.

 

[silentscope]

If you mean "Is it possible to register a first and last name for trademark protection?" the answer is yes. Many people have done so.

I looked up a few on the USPTO website:

John Deere
Emeril Legasse
Elvis Presley
Shaquille O'Neal

Can you, in particular, register your name?

Beats me. All you can do is apply and see how it goes.

Thanks, I appreciate the response . I've looked up a few as well. Please allow me to clarify the question - what would maximize my chances of obtaining the trademark?

 

[quincy]

Thanks, I appreciate the response . I've looked up a few as well. Please allow me to clarify the question - what would maximize my chances of obtaining the trademark?

What is your first and last name being used to identify, besides you?

Trademark rights are gained through the use of the mark in commerce, with the first to use the name as an identifier for goods and services considered the presumed owner of the mark.

Federal registration of your trademark is not necessary but federal registration can be smart as it puts the country on notice that your mark is already in use and should not be infringed.

Marks that consist only of a first and/or a last name will generally be considered a "weak" mark until the name acquires a "secondary meaning."

A secondary meaning means that the name has come to be known as something more than just a personal name and is famous for identifying specific goods and services. Heinz and Macy's are two examples.

For a personal name to become a strong trademark generally requires time and good marketing.

Before filing a trademark application, you should do a thorough trademark search to make sure the name is not being used by another to identify goods/services. The search can start with the USPTO but cannot end there. You need to search state registries and the marketplace to best ensure you are not stepping on anyone else's business toes with your registration.

Good luck.

 

[silentscope]

Hi quincy, thanks for your feedback. My first and last name, aside from being associated with me and my profession, are not used for anything else. My first/last name have culturally, in my industry, become associated with me and a certain company, a Global Fortune 50, as well as my profession. For instance, you could say "oh, I known Janyce Bryllytz (not my real name, just an example). She works at this company in medicine and is the one that did this thing 4 years ago (actual time of the thing happening).

I have searched the USPTO, but not state registries. Nothing remotely close to my first/last name is registered. I hope this helps!!

 

[quincy]

Hi quincy, thanks for your feedback. My first and last name, aside from being associated with me and my profession, are not used for anything else. My first/last name have culturally, in my industry, become associated with me and a certain company, a Global Fortune 50, as well as my profession. For instance, you could say "oh, I known Janyce Bryllytz (not my real name, just an example). She works at this company in medicine and is the one that did this thing 4 years ago (actual time of the thing happening).

I have searched the USPTO, but not state registries. Nothing remotely close to my first/last name is registered. I hope this helps!!

For a personal name to be eligible for trademark registration, the personal name must be used to identify more than the person who has that name.

For example: Paris Hilton has a distinctive name but that name was not registrable as a trademark until Paris started marketing goods under that name.

 

[silentscope]

For a personal name to be eligible for trademark registration, the personal name must be used to identify more than the person who has that name.

For example: Paris Hilton has a distinctive name but that name was not registrable as a trademark until Paris started marketing goods under that name.

So let's say I start a consulting company under my first and last name. Janyce Bryllytz Technology Solutions, for example. Would that qualify?

 

[FlyingRon]

You can't squat on a trademark. You only get trademark rights when it is used in commerce.

 

[quincy]

So let's say I start a consulting company under my first and last name. Janyce Bryllytz Technology Solutions, for example. Would that qualify?

If you start using your personal name as an identifier for your company's services then, yes, it is possible to acquire (trademark/service mark) rights in the name.

But before you can file anything other than an Intent-to-Use application for the name, you must actually use the name as an identifier for your company's services.

An Intent-to-Use trademark application can be filed if you plan on using the mark within 6 months of application. This reserves for you the name.

 

[silentscope]

Here is what I plan to do:

1. open an LLC with the name states as such: "Janyce Bryllytz Technology Solutions, LLC"
2. bill hours under that name. I provide tons of service in my field of work and most of the time I don't charge anything, but it's not for lack of offers, so I can certainly charge for my time.
3. file trademark at the same time.

Would this work? Thank you for bearing with my questions to clarify.

 

[quincy]

You can't squat on a trademark. You only get trademark rights when it is used in commerce.

Not exactly true. The Lanham Act permits the intended user of a mark to reserve the mark for later registration by filing an Intent-to-Use application.

Again, however, a personal name is not a strong mark.

 

[quincy]

Here is what I plan to do:

1. open an LLC with the name states as such: "Janyce Bryllytz Technology Solutions, LLC"
2. bill hours under that name. I provide tons of service in my field of work and most of the time I don't charge anything, but it's not for lack of offers, so I can certainly charge for my time.
3. file trademark at the same time.

Would this work? Thank you for bearing with my questions to clarify.

That can work. But for registration of your trademark (except for state business name registration), you will need actual evidence of your mark being used as an identifier for your services.

There must be bona fide use of the mark for the services you offer.

You should review the particulars with an IP attorney in your area.

 

[FlyingRon]

Not exactly true. The Lanham Act permits the intended user of a mark to reserve the mark for later registration by filing an Intent-to-Use application.

Yes, I was being simplistic, but you have to have a bona fide intent to use it, not just a "I might want to be in business under this name" someday. Filing the Notice of Intent does put you on a timeline.

 

[quincy]

Yes, I was being simplistic, but you have to have a bona fide intent to use it, not just a "I might want to be in business under this name" someday. Filing the Notice of Intent does put you on a timeline.

Agreed. I mentioned that.

With an Intent-to-Use trademark application, the trademark applicant must show actual intent to use the mark in commerce in connection with goods or services. Without evidence showing a plan to use the mark as an identifier, the application should not be filed/will be rejected.

Perhaps the best course of action for silentscope to take is to start the business using the name and become known for the service under that name. Register the trademark at that point.

Personal names, as said earlier, are weak marks and will not be placed on the Principal Register until the name gains a secondary meaning. The weak mark will be in a bit of a holding pattern in the Supplemental Register until it gains the strength needed to make it to the Principal Register.

 

[silentscope]

That can work. But for registration of your trademark (except for state business name registration), you will need actual evidence of your mark being used as an identifier for your services.

There must be bona fide use of the mark for the services you offer.

You should review the particulars with an IP attorney in your area.

There absolutely will be. Billing invoices for services rendered, that kind of thing. Thank you SO much!!