Can someone trademark your last name?
As a general rule, last names, i.e. “surnames,” cannot be registered as trademarks as the federal trademark rules prohibit registration of trademarks that are primarily, or predominantly, merely a surname.
What names Cannot be trademarked?
What Can’t Be Trademarked?
- Proper names or likenesses without consent from the person.
- Generic terms, phrases, or the like.
- Government symbols or insignia.
- Vulgar or disparaging words or phrases.
- The likeness of a U.S. President, former or current.
- Immoral, deceptive, or scandalous words or symbols.
- Sounds or short motifs.
Can I use my last name as a business name?
For a family business, it’s not unusual to put the family name as part of, or the entire, brand name. A surname can serve as the trademark, or brand, if it identifies – and distinguishes – the source of the product or service; but it also must not infringe on an existing user’s mark.
Can surnames alone can be trademarked?
Trademark law is intended to protect the owner’s original work. To qualify for federal protection, a mark must be distinctive and have a “secondary meaning.” Surnames alone can be trademarked.
Is it illegal to put TM on a logo?
The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. … But as mentioned, there is no legal protection when using TM. If you use a mark that infringes on someone else’s trademark, you still put yourself at risk for legal trouble.
Can you trademark curse words?
The short answer is: no, you cannot trademark a “bad” word if it is scandalous, offensive, or immoral. U.S. trademark law absolutely bars trademarking words of immoral or scandalous matter.
Is it better to trademark or copyright a name?
Trademarks offer far more protection than copyrights, but copyrights are extremely important for the protection of logos. Read on to explore in detail the difference between the two, so that you can better understand their importance and the impact they can have on your company.
What are the disadvantages of a DBA?
Overall, the disadvantages of a DBA include:
- As an owner, you are personally liable for all debts accumulated by your business.
- As an owner, you do not exclusively own rights to your name.
Can you name an LLC after yourself?
Limited liability companies can use personal names in a variety of ways: first names, last names, initials plus a last name, or a personal name that’s only part of the business name, such as “Joe’s Bar and Grill.” You can also form an LLC under a different name and use your personal name as your DBA or “doing business …
Should my name be in my business name?
Using your own name maximizes the value of your personal credibility as a respected and reputable supplier in your market. … Makes your business memorable: Your own name is so specific that it helps people remember your company, especially if they already know you as an individual or if your name is distinctive.
Can a person have a trademark?
The U.S. Patent and Trademark Office is unlikely to register surnames or a person’s name or likeness for trademark unless some specifics are met. When a person needs a trademark to protect their reputation, then applying for a trademark is warranted.
Can first name be trademarked?
Unlike surnames, personal names (first names and first names used with last names) can act as trademarks without proof of secondary meaning because they are considered to be inherently distinctive.
Can I trademark my name India?
Who can apply for a trademark? Any person which can be an individual, company, proprietor, or legal entity claiming to be the owner of the trademark can apply. The application for the trademark can be filed within a few days and you can start using the “TM” symbol.