Registering Your Own Name or Surname as a Trademark

"That name already exists — can I get it too?" and "Can I turn my own surname into a trademark?" are questions we hear often. The answer depends on class and similarity rules. This article explains registering the same name or a surname as a trademark.

Can the Same Name Be Registered in a Different Sector?

Trademark protection is class-based. This means the same sign can be registered by different parties in different, unrelated classes. A furniture brand and a software brand, for example, can share the same name, because consumers would not confuse the two. But in the same or a similar class, an identical or similar name creating a likelihood of confusion cannot, as a rule, be registered. A trademark search before filing is essential to assess this.

Well-Known Marks Are an Exception

Well-known (widely recognised) marks can be protected even across different classes. In other words, taking a well-known mark's name into an unrelated sector can still be blocked, on the grounds of taking unfair advantage of that mark's reputation.

Can I Register My Own Surname?

Yes, personal names and surnames can be registered as trademarks; many successful brands consist of a surname. There are points to watch, however:

Earlier rights: If the same or a similar surname is already registered in the same class, your application can be blocked.
Distinctiveness: Very common surnames can have weak distinctiveness on their own; strengthening with a distinctive element helps.
Same surname, different people: Someone else having registered the same surname as a mark does not automatically give you a right.

So What Should You Do?

The safest route is a comprehensive similarity search in the right classes for the name or surname you're targeting. If similarity turns up, strengthening the name with a distinctive additional element is often the solution. For the refusal risks, see Why Are Trademark Applications Refused?

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Can I register the same brand name in a different sector?

Generally yes. The same sign can be registered by different parties in different, unrelated classes; but where there is a likelihood of confusion in the same or a similar class, it cannot. Well-known marks are an exception.

Can I register my own surname as a trademark?

Yes, surnames can be registered as trademarks. However, an earlier surname mark in the same class can be an obstacle, and very common surnames may have weak distinctiveness on their own.

Someone else with my surname has already registered it — can I still register?

Someone else having registered the same surname does not automatically give you a right. If there is a conflict in the same class, your application may be blocked; a different class or a distinctive addition can be the solution.

What should I do if a similar mark turns up?

You can add a distinctive element to your name, revisit the scope of classes, or consider an alternative. Getting a comprehensive similarity search first is advisable.

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