Should I apply my first name, nickname or Initials in the Trademark?

Trade names making usage of individual names, nicks or initials are very attractive, usually by small businesses. However, they hardly ever develop into a good mark.



However at the beginning a small history journey. One of the motives the family names were not registered back in the days was the doctrine that no one should get an unrestricted right to a personal name. Unless the trademark, which holds a family name earned secondary meaning regarding precise goods or services, it would be wrong to allow specific Bob Smith to prohibit every other Smiths from using their personal names for their businesses. This is the case why in the past it was virtually impossible to try to register a family name as a brand name. These days, the situation changed - folks attain the legal right to trademark their names yet only if they are not identical to other individual's names, which developed into an element of well-recognized trade names. For example, if your last name happens to be MCDONALD, you will not succeed if you try open your fast-food place adopting this individual name (similar case with the last name LAUREN for fashion enterprise or HILTON for inn company).



Marks with personal names are ordinarily not so strong and take a lot of time and hard work to mature powerful. That is very likely you can locate a company in a regional publication of Yellow Pages along with the identical individual individual name in the title, which suggests that trademark won't be able to effectively sort out your own goods or services from other businesses. If you call your company BOB'S AUTO PARTS and your possible customer learns someone chats about it and thinks to him(her)self, "I recall I have heard about a couple companies having similar name. Which company are they chatting about?"



However it does not indicate that personal names can never be adopted as a mark. Following are the examples when application of the individual names is okay:



Surname



? If you own a really rare or extraordinary surname (e.g. Orville Redenbacher), that could be a quite good trademark.

? If you have included a surname as a fragment of the trade name for a long time, so it earned secondary meaning, and clients started to associate a personal name with your own products services. McDonald's or Levi's in the past were regular names, which earned a distinguished significance by means of long time operation on the market as trademarks.

? If your own family name has another meaning (e.g. John King, Tom Green), which does not describe your goods or services.

? Well-known historical personal names (e.g, Caligula, Lincoln, Michelangelo, etc.). That is implied that the name is probably incorporated as a non-individual name.

? Product names that are "primary surnames" do not suit for a national registration, only if they gained a secondary meaning in relation with the goods or services through a substantial application or bearing another term(s) that produces the synthesis implicitly unique as a whole.



First names as well as Nick names. First names are usually even weaker to evolve into a trademark as they are actually more average than family names.However, they may be incorporated in the mark bearing another term to evolve into solid for the trade name function (for instance TRADER JOE'S). Similar with family names, you cannot use your first name in the alike field of commerce if that is highly similar to the famous personal name. For example, if your own personal name is Gucci Johnson, you will not be able to make use of your first name to start up an apparel business under GUCCI'S APPAREL).





Initials. Using your initials really is the similar as making usage of your first name or surname - it does not strengths or makes less stronger your trademark. All of the above rules for the personal names are in effect for the initials. Yet, if a brand name is formed completely of letters, which are not person's initials, it could be considerably distinctive (for instance, PSF).



In addition, please bear in mind that if one day you want to put up for sale your own business along with your name, as a fragment of the mark, it will be transferred with the company. That means that a stranger will apply your family name and can forbid your kids or other members of your family to adopt their name for their possible enterprise.



Please visit www.ownyourtrademark.com or www.lzlawoffice.com to learn more about brand names.



www.ownyourtrademark.com

www.lzlawoffice.com