Can you trademark a person's name?

[breakaway]

For example, if a person's name is Walt Disney, would he be able to use his name to sell things without infringing on Walt Disney Corporation?

 

[quincy]

It depends.
If a name becomes well known, like Walt Disney's name is, the name has a "secondary meaning". It becomes off-limits for any use that may confuse a consumer, whether the name is registered or not. Walt Disney, Howard Johnson, Ralph Lauren, McDonald's, and Ben & Jerry all all names that have become synonymous with a product or service. So, even if my name was Ralph Lauren and I was a clothing designer in my own right, I could not use my own name to market my clothes.

 

[The Occultist]

What are you trying to do, precisely?

 

[davezan]

Two words: tolerance varies.

If your name isn't that person's name and are using it in commerce, that person could have
a problem with that. Quincy gave a few good examples.

 

[bunnieluv]

Trademarking my deceased father's name.

It depends.
If a name becomes well known, like Walt Disney's name is, the name has a "secondary meaning". It becomes off-limits for any use that may confuse a consumer, whether the name is registered or not. Walt Disney, Howard Johnson, Ralph Lauren, McDonald's, and Ben & Jerry all all names that have become synonymous with a product or service. So, even if my name was Ralph Lauren and I was a clothing designer in my own right, I could not use my own name to market my clothes.

I live in MI. My father was a well known author and died over 30 years ago. We have had several issues with finding competent legal council in MI (for ALL matters), and have recently found that the publisher of his books as well as many other people are violating copyright and subsequently are not paying out royalties to his estate I.E. family. We thought of trademarking his name, which might avoid these types of problems, but are not certain if we should or even how to go about doing it.

 

[quincy]

I live in MI. My father was a well known author and died over 30 years ago. We have had several issues with finding competent legal council in MI (for ALL matters), and have recently found that the publisher of his books as well as many other people are violating copyright and subsequently are not paying out royalties to his estate I.E. family. We thought of trademarking his name, which might avoid these types of problems, but are not certain if we should or even how to go about doing it.

Hi, bunnieluv. While it is nice to see a "breakaway" thread again (he has been a regular on this site), this forum requests that a new thread be started for new questions by new posters. Reviving old threads to tack on questions or comments is frowned upon on this forum.

So, if you could start your own thread with your question, it would be appreciated. I will be happy to address your concerns at that time. Thanks.