Are you thinking about using your own name as a trademark? You’re not alone. Some of the most recognizable and valuable trademarks in the world are built on personal names. But here’s the thing: just because it’s your name doesn’t automatically mean you have the right to trademark it. The good news? It is possible to trademark a personal name under the right circumstances. Let’s break down what you need to know before you file.
Can You Trademark Your Own Name?
Yes, it is possible to trademark your own name, but the process depends on the type of name you want to register. A surname (last name) typically requires proof of acquired distinctiveness, meaning consumers must already associate that name with your brand. A first name used alone may be refused if the USPTO determines it does not function as a source identifier. A full personal name (first and last together) can be registered if it meets distinctiveness requirements and does not create a likelihood of confusion with an existing mark.
- Surnames: require proof of acquired distinctiveness (secondary meaning).
- First names alone: may be refused unless they already function as a recognizable brand.
- Full names: may be registrable if distinctive and not confusingly similar to an existing mark.
- Celebrity names: may have an easier path to registration, but are not automatically protected.
Can You Trademark Your Last Name?
Under U.S. trademark law, you generally cannot register your last name (surname) as a trademark without proving that it has “acquired distinctiveness,” also called secondary meaning. You need to show that consumers have come to associate your last name with your specific goods or services, rather than just recognizing it as a common surname.
The USPTO considers several factors when determining whether a surname has acquired distinctiveness. Three of the key factors are whether the surname is rare, whether it has any recognized meaning beyond being a name, and whether the way the name is stylized or presented creates a separate commercial impression.
Let’s use McDonald’s as an example. Even though “McDonald” is a relatively common last name, most people immediately think of burgers and fries when they hear it. That association is the kind of acquired distinctiveness that qualifies a surname for trademark protection.
What Does “Acquired Distinctiveness” Actually Mean?
Acquired distinctiveness means that over time, through consistent use in commerce, the public has come to recognize your surname as a brand rather than just a name. Evidence that can support a claim of acquired distinctiveness includes length and consistency of use, advertising and marketing spend, sales volume, media coverage, and consumer surveys showing brand recognition.
Can You Trademark Your First Name or Full Name?
Using your first name alone as a trademark can be tricky. The USPTO may refuse to register a standalone first name if it doesn’t function as a source identifier, meaning consumers don’t yet associate that name with your specific brand. Simply using a common first name like “Sarah” or “James” on your products or services may not be enough.
However, combining your first name with your last name, or with other distinctive elements, can strengthen your application. A full personal name may still need to clear the same “acquired distinctiveness” hurdle as a surname, depending on how common it is and how it’s used in the marketplace.
What About Likelihood of Confusion?
Even if your name qualifies for trademark protection, your application can still be refused if it creates a likelihood of confusion with an existing registered mark. The USPTO looks at how similar the names are and whether the goods or services overlap.
For example, if your legal name were Anne Taylor (with an ‘e’), you would likely face a likelihood-of-confusion refusal if you tried to trademark that name for a clothing line, because the existing “Ann Taylor” mark already covers similar goods. Even a slight spelling difference may not be enough to avoid confusion when the products or services overlap.
Can Initials Help a Surname Qualify as a Trademark?
In some cases, yes. In a well-known Trademark Trial and Appeal Board decision, the Board reversed a refusal to register the mark “P.J. Fitzpatrick Inc.” The Board found that the initials within the mark were enough to move it away from being viewed as “primarily merely a surname.” So if you add an initial or two to a surname, it may help the USPTO view the mark as a personal name rather than just a last name. This doesn’t guarantee registration, but it can shift the analysis in your favor.
What About Celebrity Names and Trademarks?
If you’re a well-known public figure, your name may be easier to register as a trademark because consumers are more likely to associate it with you as a brand. Celebrity status can help establish the distinctiveness the USPTO looks for, but it doesn’t guarantee automatic protection.
That said, the USPTO may refuse to register any mark, including a personal name, if it falsely suggests a connection with another person, institution, or organization, whether living or deceased. This applies to everyone, not just celebrities. Factors the USPTO considers include whether the name is very close to another person’s name or identity, and whether that other person is well known enough that the public might assume a connection between the two.
Surname vs. First Name vs. Full Name: A Quick Comparison
| Type of Name | Can It Be Trademarked? | What You Typically Need to Show |
|---|---|---|
| Surname (last name only) | Yes, but with extra requirements | Acquired distinctiveness (secondary meaning) |
| First name only | Possible, but often refused | That the name functions as a source identifier, not just a personal name |
| Full name (first + last) | Yes, if distinctive | Distinctiveness and no likelihood of confusion with existing marks |
| Name + initials or stylization | Stronger chance | That the additional elements move the mark beyond “primarily merely a surname” |
| Celebrity or well-known name | Yes, often easier | Public recognition, plus no false suggestion of connection with another party |
Frequently Asked Questions About Trademarking Your Name
How Much Does It Cost to Trademark Your Name?
Filing a trademark application with the USPTO generally starts at around $250 to $350 per class of goods or services if you file through the TEAS Plus system. However, costs can increase depending on how many classes you file in, whether you hire a trademark attorney, and whether there are any office actions or oppositions during the process. Many business owners budget between $500 and $2,000+ for the full process when attorney fees are included.
Can Two People Trademark the Same Name?
It depends. Two people can potentially hold trademarks for the same name if they operate in completely different industries and there is no likelihood of confusion. For example, one person named Jordan Blake could hold a trademark in the fitness industry while another Jordan Blake could hold one in the home decor space. The key question the USPTO considers is whether consumers would be confused about the source of the goods or services.
What’s the Difference Between a Trademark and a DBA?
A DBA (“doing business as”) is a registration with your state or local government that lets you operate under a business name other than your legal name. It does not give you any trademark rights or brand protection. A trademark, on the other hand, protects a name, logo, or slogan that identifies the source of your goods or services, and it gives you the legal right to prevent others from using a confusingly similar mark in your industry.
Do I Need a Trademark if I Have an LLC?
Forming an LLC protects your personal assets from business liabilities, but it does not protect your brand name. An LLC registration in your state doesn’t stop someone in another state (or even in your own state) from using the same or a similar name. If your business name is important to your brand, registering it as a trademark gives you much broader protection.
Protect More Than Just Your Name
If you’re at the stage where you’re thinking about trademarking your business name, that’s a great sign that your business is growing. But a trademark only protects your brand identity. To protect your business itself, you also need the right contracts and legal documents in place.
That means having a solid Client Services Agreement (or niche services agreement) to set clear expectations with every client, Website Terms and Conditions to establish the rules of your website, and a Privacy Policy to disclose how you handle customer data. These are the legal foundations that protect you day to day, whether or not your name is trademarked.
Browse The Boutique Lawyer’s contract templates to find the legal documents that fit your business.
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ABOUT THE AUTHOR, AMBER GILORMO – ATTORNEY AND FOUNDER OF THE BOUTIQUE LAWYER
Amber Gilormo is the cool lawyer behind The Boutique Lawyer – a one-stop contract template shop for creative entrepreneurs, online business owners, coaches, and service providers.
From client agreements to digital product terms and everything in between, our lawyer-drafted templates take the guesswork out of staying legally protected online (no legal jargon required).
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