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Can I tregister a trademark for my personal first and last name?

Can I register a trademark for my full name?

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Attorney answers (4)

Reputation Level 18
The registration of your name as a trademark will not be refused because it's your name, but registration may certainly be refused because it is "primarily merely a surname" -- as that phrase is construed under Lanham Act Section 2(e)(4).

A term is "primarily merely a surname" if its primary significance to the purchasing public is that of a surname. Among the factors to be considered in making that determination is (1) whether the surname is rare; (2) whether anyone connected with applicant uses the term as a surname; (3) whether the term has any recognized meaning other than as a surname; (4) whether the term has the structure and pronunciation of a surname; and (5) whether the term is sufficiently stylized to remove its primary significance from that of a surname. See TMEP ยง1211.01.

So ... maybe you can register your name as a trademark and maybe you can't. No one can tell you w/o knowing what your name is and what goods or services you intend to brand with your name.

BUT do not forget that the law does not forbid you from using your name as a trademark. You clearly may use it as a trademark though you may not be able to register those trademark rights. [Note, however, that if you use it for 5 years as a trademark there's a process under Lanham Act Section 2(f) that may allow you to register it]. Good luck.
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Reputation Level 20
Yes, if it's available. Many celebrities do this identifying a product or a line of products.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

Reputation Level 6
Forgive me for oversimplifying, but the answer is no and yes. If your desired trademark is primarily merely a surname, then there are some hurdles that have to be overcome. That said, you can often navigate around the hurdles if you have used (or intend to use) your name as a trademark rather than just your name. This often involves the combination of your name with other words or stylistic elements.

Reputation Level 9
Yes, so long as you are actually using (or intend to use) your name as a trademark, that is in association with the sale of goods or services. You can't simply register your name to block others from using it. You must actually be using the name as a trademark. As mentioned by others, the PTO can still refuse the registration under certain circumstances, such as if your name is very common.

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