Everything You Need to Know About Trademark Last Name

Everything You Need to Know About Trademark Last Name

trademark last name
trademark last name

Trademark last name

Using a surname that is your family name as your business trademark is sometimes a controversial issue. Some business owners believe that they have no right over using their name as a trademark. They might not approach it at all and stop with just the thought of can you trademark a last name?

One of the reasons might be because someone else has already taken the name for their business or just because people are hesitant to do so. For instance, any family with the surname Mcdonald’s won’t be able to use it as a trademark the last name for restaurant services. Through LegalRegistration.com, you can form an LLC in no time.

Here’s what you need to know regarding last-name trademarks.

How Does a Surname Qualify as a Trademark?

The last name can’t be qualified as a trademark for every case. In most cases, a surname qualifies if it has been associated with the business through marketing. 

The approval or rejection of your surname for the trademark depends upon the following things:

  • If it is connected to the person who is registering it. 
  • Depends upon if the surname is rare or not.
  • If you use the surname then how will it sound in the business industry? The best way to use a surname is when two names are attached. 
  • It also depends upon the historical significance of the last name. If the surname is associated with traditional trade then it has a better chance of being selected. 

How to Trademark Your Surname?

Whether you do the procedure yourself or enlist the help of a trademark expert, there are a few things that you need to consider besides filing your application. You need to make sure that the application is thorough and accurate or else it could waste your time and money on legal fees later on. For more information visit the website  LabyrinthTM Fundraising Compliance

Besides hiring a trademark attorney, you need to consider the following tips to help you get through the procedure smoothly. 

Do Market Trademark Research

You need to carry out market research to check for any conflicts with previously registered entities. If you end up choosing a name that is already owned by a business in the same industry, you might be faced with legal consequences later on. 

If you are not sure where to start your research, you can start your search on Google and social media. See if anyone in your area is using a similar name to advertise their products or services. If you see a conflict with your chosen name then you can make your trademark name more unique. 

File Your Application 

Before you finalize the trademark, make sure to identify the goods and services that you want to connect with your name. It can be anything from books, paintings, and entertainment services. Choose whatever best fits your professional niche. For more information visit the website  LabyrinthTM Fundraising Compliance

To make the trademark application successful, it should follow the trademark rules provided by your registry. Since the process is quite complicated, you might want to seek trademark filing assistance from a trademark service or lawyer. With the help of an expert, the process will be smooth and cost-effective for you to register your name. 

Review Period 

After you have filed your application regarding the trademark, it will be reviewed by an examining attorney. The attorney will check the application and look for trademark conflicts, errors in the form, and other related issues. 

If any issues arise, you need to address them within six months. If you don’t respond to the objections then your application will be abandoned and you might need to rewrite it. Once all the issues are resolved, the examining attorney will approve the publication of your mark in the registry’s official bulletin.  For additional information What services do we provide? 

Name Registration 

Once you are done with the publication process, the opposition period begins. Your trademark will be available for review by other trademark owners. They can reject your application if they feel that it infringes on an existing mark of theirs. 

The duration of the opposition period varies between registers. But if no opposition is filed, you can easily get your surname trademark registered. This way, you can advertise your brand name without any issues. 

Don’t Wait to Protect Your Brand

You should trademark your surname as soon as possible to protect yourself from misinterpretation and infringement. It becomes even more important as you grow your influence in the industry. Enjoy the benefits that come with trademarking your personal name. 

Common Mistakes When Registering 

Before you embark on your journey to trademark the last name, make sure you do your research on it. It is a costly and time-consuming procedure. Choose a company that makes the best decision for you and avoids mistakes that can commonly occur. For additional information Category

Let’s have a look at some of the mistakes so that you can avoid them.

  • Accidentally committing trademark infringement.
  • Not thoroughly checking or consulting with a trademark attorney before applying for a trademark for the last name.
  • You failed to check if the surname is used by another business.
  • Another common mistake is when there is no acquired association between the name and the brand.


Why Some Businesses Don’t Use Trademark Surnames?

Although a surname can be a valuable trademark asset of your company, however in some cases it is best to use an alternative trademark. The reason is that other trademarks can be more popular and easily recognizable. Additional information Business Licensing

Here are some common reasons why business owners might not use their surname as a trademark.

Personal Reasons

Some business owners want their surname to stay in their personal realm and separate their business matters from home. It ensures a peaceful relationship with their family members.

But this also means that the business name should be still relevant to services and products owned by the business. Moreover, it should be unique for customers to remember. Get more information Legal Registration Archives

Hard to Prove Distinctiveness

Sometimes it is hard to prove that the surname has acquired distinctiveness. So business owners prefer to register a business name instead of a family name. Trademark infringement can also be a problem if common surnames are registered by companies with similar profiles.