Surnames

I often get requests from clients who want to register their surname as a trademark. The Lanham Act specifically excludes the use of a surname as a trademark if the mark is “primarily merely a surname”. The policy decision behind this exclusion is to allow other persons with the same surname the right to use their surname in association with their goods and services. 

To determine whether a mark  is primarily merely a surname, the Patent and Trademark Office will look to the number of people who have the same surname, whether the name has any meaning other than as a surname, whether anyone associated with the applicant has the surname, the notoriety of persons with that surname, and the “look and feel” of the surname, although this last factor has become controversial. While the PTO registers some surnames, many more get rejected because of the number of people with the same surname.

As a business owner, you need to be aware that, although registration of a surname is unlikely, you should still clear your name before using it in commerce. If you wish to register your surname as a trademark, you should be prepared to spend some money to overcome the objections of the PTO.