Can You Register a Trademark Using the Same Name or Surname?

Can you register a trademark using a name that already exists? It depends on whose name it is. A name identical to someone else's mark that is registered, or was applied for earlier, for identical or same-type goods and services is refused ex officio by TÜRKPATENT (Turkish Patent and Trademark Office); you can, however, register your own first name and surname as a trademark, though earlier marks and other people's name rights limit that option.

The question has two meanings, and they are dealt with under separate headings below: taking a name that is identical to someone else's trademark, and turning your own first name or surname into a trademark. After that come famous people's names, family businesses, an eight-row scenario table and practical solutions.

Can You Register a Trademark Identical to Someone Else's Name?

Not for identical or same-type goods and services; in different and unrelated fields it may be possible. Industrial Property Law No. 6769 (SMK) builds this distinction through two separate routes to refusal: one the Office applies on its own initiative, and one that only operates upon opposition by the earlier trademark owner.

Identical or same-type goods and services: ex officio refusal (Article 5(1)(ç))

Under Article 5(1)(ç) SMK, signs that are identical or indistinguishably similar to a trademark registered, or applied for on an earlier date, for identical or same-type goods or services cannot be registered. TÜRKPATENT applies this ground for refusal without waiting for anyone to oppose. An earlier application creates the same obstacle even if it has not yet been registered.

An indistinguishably similar sign means a sign with no meaningful difference that would allow consumers to tell the two marks apart. A single letter, a suffix or a descriptive word is often not enough to overcome this obstacle.

Similar signs and related fields: refusal upon opposition (Article 6(1))

Lower degrees of similarity are assessed not ex officio but upon opposition by the earlier trademark owner. Under Article 6(1) SMK, where there is a likelihood of confusion, including a likelihood of association by the public, because the signs and the goods and services they cover are identical or similar, the application is refused upon opposition.

We explain in detail how similarity is weighed on visual, aural and conceptual criteria in our guide to likelihood of confusion; the practical difference between the two routes to refusal is covered in refusal based on a similar trademark.

Can the Same Name Be Used in a Different Sector?

Often yes, but being in a different class is no guarantee on its own. Under Article 11(4) SMK, the fact that goods or services appear in the same class does not create a presumption that they are similar, and the fact that they appear in different classes does not create a presumption that they are dissimilar. For example, shoes and shoe retailing fall into different classes but are closely related, whereas furniture and accounting software are generally considered unrelated.

The second limit is well-known marks. Under Article 6(5) SMK, where the reputation a registered or earlier-filed mark has achieved in Turkey means that unfair advantage could be taken, the mark's reputation could be harmed or its distinctive character could be impaired, an application for an identical or similar mark is refused upon the earlier owner's opposition even for different goods and services. That is another reason why using a very well-known brand's name in an unrelated sector is risky; you can find how reputation is proven in our article on well-known trademarks.

Can You Register Your Own First Name or Surname as a Trademark?

Yes. Article 4 SMK expressly lists personal names among the signs that can form a trademark; a first name, a surname or both together can be a trademark, provided the sign is distinctive and can be represented in the register. You need no special permission to turn your own name into a trademark, but bearing that name does not in itself give your application any priority either.

An application in your own name is examined like any other. If someone else has already registered the same surname in the same field, the fact that you bear that surname does not remove the Article 5(1)(ç) obstacle. A common first name or surname is also more likely to have earlier records in the register, which is why running a trademark search in the relevant classes before filing is the step that most shapes the outcome.

Sector words used alongside the name do not widen the scope of protection. In an application such as "Lavira Mobilya" (a fictional example; "mobilya" means furniture), the word "mobilya" is descriptive for furniture, and the comparison is made on the basis of "Lavira".

Registering someone else's name without permission (Article 6(6))

Name rights also work the other way. Under Article 6(6) SMK, if the mark applied for contains another person's name, trade name, photograph, copyright or any intellectual property right, the application is refused upon opposition by the rights holder. Trying to register someone else's name without their permission therefore means accepting that risk of opposition from the outset; obtaining written permission from the person concerned reduces it.

Can You Register a Trademark Using a Famous Person's Name?

It is difficult without the name holder's permission. The name holder can oppose an application containing a well-known person's name on the basis of Article 6(6); if it is shown that the filing seeks to profit commercially from the attention attached to that name, the provision on bad-faith applications (Article 6(9)) becomes an additional ground. If the famous person already owns a registered trademark for that name, Articles 5(1)(ç) and 6(5) may also come into play.

Sharing a name with a famous person does not automatically change the outcome either. Someone who tries to register that name in a way consumers would associate with the famous person may face opposition and a bad-faith challenge. We cover the patterns and how to evidence them in our article on bad-faith trademark filings.

What Happens If Someone With the Same Surname Registered It First?

You can keep stating your own name, but you cannot use it as a trademark. Under Article 7(5)(a) SMK, a trademark owner cannot prevent third parties, acting honestly and in the ordinary course of commercial life, from natural persons stating their own name or address.

What does the honest-use exception cover, and what does it not?

The honest-use exception protects a natural person's use of their own name to say who they are and who runs the business. For example, while the "Lavira Kahve" mark is registered to someone else, Can Lavira (a fictional person) using his own name on his business card, in his contracts or in a promotional line such as "roastmaster: Can Lavira" may be assessed as falling within that scope. The limits of the exception are as follows:

• Only for natural persons: The provision refers to natural persons' own names; the same exception is not separately provided for company trade names.
• Use as a trademark falls outside it: Featuring the name on a logo, packaging or a shop sign as the brand of the goods and services goes beyond "stating" it.
• The honesty requirement: The use must be honest and in line with the ordinary course of commercial life; a use designed to suggest a connection with the registered trademark cannot be expected to meet this requirement.
• Risk for trade names and business names: Article 7(3)(e) SMK also lists use of the sign as a trade name or business name among the acts that can be prohibited.

In short, Article 7(5)(a) gives you the right to say your name; it does not give you the right to use your name as a trademark. If someone else has registered the name and you were already using it in trade before them, opposition and invalidation routes based on prior use are assessed separately; we explain the framework in our article on first-to-file or first-to-use.

Who Keeps a Surname Trademark in Family Businesses and Between Partners?

A trademark belongs to whoever it is registered to; bearing the surname or having put work into the business does not change ownership on the register. In family businesses, the most frequent dispute is over who keeps a mark consisting of the shared surname when siblings or partners part ways.

Take a fictional example: the Lavira siblings use the name "Lavira" at the patisserie they founded together, but the trademark is registered to one of them. When the partnership ends, the mark stays with the registered owner. The other sibling can state his or her own name within the limits of Article 7(5)(a), but opening a new patisserie in the same field under the "Lavira" brand may draw an infringement claim. Had the mark been registered to the company, the debate would have turned on the company shares instead.

The way to prevent such disputes is to settle in writing, at the outset, who owns the mark. If the mark is to be registered to one of the partners, the others' use should be governed by a license agreement, and what happens on separation should be set out in the partnership agreement. If the mark is later to be transferred to a company, the assignment agreement must be in writing and notarized, and then recorded in the register (Article 148(4)).

Scenario Table: When Is It Possible?

The table below summarizes the eight most common situations. It offers general direction; the outcome depends on a concrete comparison of the signs and the goods and services.

What Are Your Options If You Hit a Same-Name Obstacle?

There are four practical ways around the obstacle; which one works depends on the type of obstacle:

1. A distinctive addition: Add a memorable element to the name that is not descriptive; sector words such as "furniture" or "group" do not remove the similarity.
2. A different scope of goods and services: Remove the items that clash with the earlier mark from your list and focus on the field you actually operate in.
3. Consent: A notarized letter of consent from the earlier trademark owner overcomes the Article 5(1)(ç) obstacle (Article 5(3)); what the document must contain and how the process works are covered in trademark registration with a letter of consent.
4. Negotiating an assignment or license: If the earlier mark is dormant or its owner is open to selling, taking an assignment of the mark or a license to use it can be a clean solution.

We look in detail at the order in which to try these options, and how to investigate whether the earlier mark is actually in use, in our guide for when a similar trademark turns up in your search.

Conclusion

Whether you can register a trademark using the same name depends on a comparison of the signs and the goods and services, and on whose name it is. Key takeaways:

• A name identical to someone else's mark registered or applied for earlier for identical or same-type goods and services is refused ex officio (Article 5(1)(ç)); with similar marks there is a risk of refusal upon opposition (Article 6(1)).
• A different class is no guarantee on its own (Article 11(4)); well-known marks can be an obstacle even in different fields (Article 6(5)).
• You can register your own first name and surname as a trademark (Article 4), but bearing that name does not overcome an earlier mark.
• If someone else has registered your name, you can still honestly state your name (Article 7(5)(a)); that does not give you the right to use it as a trademark.
• Registering someone else's name without permission carries a risk of opposition (Article 6(6)); in family businesses, who owns the mark should be settled in writing from the start.

Shall we check together whether your name works as a trademark?

Send us the first name or surname you want to register and your line of business through our contact page, and together we will establish whether there are conflicting records in the register and which classes you should file in. If there is no obstacle, Webx will handle the application for trademark registration in your own name before TÜRKPATENT in its capacity as a registered trademark attorney.