Reviewed by Thomas Phung, Esq., trademark attorney · Part of our Industry & business guides guide
Short answer: Yes, if your name is used as a brand for goods or services, not just to identify you as a person. Expect two extra hurdles: a name that is primarily a surname may need proof that customers recognize it as a brand, and the application needs your written consent if it names a living individual.
For consultants, chefs, designers, and creators building a personal brand, a Twin Cities trademark attorney can tell you whether your name will register as filed.
When does a personal name function as a trademark?
Your name must be used to sell goods or services — on product labels, a website offering your services, or packaging — so customers see it as a brand. A name that appears only as an author byline or in a staff bio usually does not function as a trademark.
What is a surname refusal?
A mark that is “primarily merely a surname,” like “Anderson” alone, is refused on the main register until it acquires distinctiveness, often after five years of substantially exclusive use. Full names (first and last), unusual surnames, and names combined with other words often avoid this refusal. A Minnesota trademark lawyer can tell you which form of your name is easiest to register.
Do I need consent to register a person’s name?
Yes. If a mark identifies a particular living person, the application must include that person’s written consent. If it is your own name, you provide your own consent with the filing.
What if someone else has the same name?
Having the same name does not give someone the right to use it as a competing brand. If another business already uses a similar name for related goods or services, you may face a refusal or a dispute. See trademark clearance searches.
Should the trademark be owned by me or my company?
If you plan to sell or bring in investors, owning the mark through your business entity usually makes more sense, possibly with a license back to you. See filing as an individual or a business entity.
How a Twin Cities trademark lawyer helps personal brands
A Twin Cities trademark attorney can pick the most registrable version of your name, choose the right owner, and prepare consent and specimens. If an impersonator appears, a Twin Cities trademark lawyer can enforce the registration.
Personal brands are often the hardest for a Minnesota trademark lawyer to untangle later, so a Twin Cities trademark attorney will want to set up ownership correctly from day one.
Frequently asked questions
Can I trademark my full name?
Yes, if you use it as a brand for goods or services. Full names are usually easier to register than a surname alone.
Why was my last name refused as a trademark?
Marks that are primarily merely a surname are refused until they acquire distinctiveness through use, often after five years of substantially exclusive use.
Do I need a Twin Cities trademark lawyer to trademark my name?
It is not required, but a Minnesota trademark lawyer can help you choose the most registrable form of your name and decide whether you or your company should own it.
Can I stop someone with the same name from using it?
You can stop a confusingly similar use for related goods or services, but you generally cannot stop someone from using their own name in unrelated ways.
Building a brand around your name? Get the ownership and filing right from the start. Talk to a Twin Cities trademark lawyer at Twin Cities Trademarks, a flat-fee Minnesota trademark lawyer team — book a free consultation with a Twin Cities trademark attorney.
This article is general information, not legal advice. Every situation is different — talk to a trademark attorney about yours.
Trademark strength guides
Where a name falls on the distinctiveness spectrum decides how easily it registers and how far your rights reach. Our Minnesota trademark attorney guides cover each category:
- Fanciful trademarks: invented words, the strongest protection
- Arbitrary trademarks: real words used for unrelated products
- Suggestive trademarks: names that hint without describing
- Descriptive trademarks: registrable only with acquired distinctiveness
- Generic trademarks: never protectable, and how to avoid genericide