To successfully show a false connection, one must show four elements: 1 the Mark sought to be registered must be a close approximation to another's name or identity; 2 the applicant's Mark must be recognized as uniquely pointing to that other person; 3 the other person must not be connected with the applicant's goods or services; and 4 the other's name or likeness must be sufficiently famous that a connection between them and the applicant would be presumed by the purchaser.
All that being said, it is possible to use your name as a trademark under certain circumstances. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.
Learn More. Free Consultation Trademark Law. Generally, five factors will be considered to determine if acquired distinctiveness must be shown: 1 Whether the surname is rare; 2 Whether the term is the surname of anyone connected with the applicant; 3 Whether the term has any recognized meaning other than as a surname; 4 Whether it has the "look and feel" of a surname; and 5 Whether the stylization of lettering is distinctive enough to create a separate commercial impression.
These names often have no link or correlation with an item or service. In a search of the trademark knowledge base, one would see that the title "John Smith" linked to an enterprise was listed as "fanciful.
Arbitrary names are usually not made-up; however, they are also not usually logically linked to the services or products offered. For example, "Shell" is an example of an arbitrary title. After you trademark your name, you have to protect and manage it; otherwise, it is possible to lose the trademark.
Instead, it is up to you to regularly monitor use of the trademark, especially by competitors. If someone does use the trademark, it is important to present evidence of "confusion within the public. You may simply say "somebody is utilizing my identity;" however, you also have to present that there's confusion and that the confusion is hurting you financially. It's unlikely, and therefore, there isn't an infringement of your trademark.
Registering a trademark for an organization identity is fairly straightforward. Many companies can file in less than a couple hours without any lawyers. Unlike a patent, there isn't really any specialist knowledge required to understand a trademark. Thus, it is pretty easy to go to the U. Patent and Trademark Office website, www. If your chosen mark is already registered by another firm — even though you used it first — your registration will probably be rejected.
At this point, you'll most likely need a lawyer to assist in working things out. Web companies registering their names should do this while concurrently registering their internet domain name.
Getting a trademark without the area extension will assist in stopping different companies from registering the identical mark by simply including a unique extension.
Don't designate a selected design of your trademark as a way to get the broadest protection. Based on the U. Patent and Trademark Office website, a response usually takes six months. If your required mark is just like another registered mark, or sufficiently similar to confuse individuals, there's an honest probability that your registration will be contested. In other words, unique and arbitrary names are more suitable. Even when you don't register your mark, you can nonetheless use a mark that you have adopted for your products and business.
Anytime you declare rights to a mark, you can use the "TM" trademark or "SM" service mark image, no matter whether or not you have filed with the patent office. Rinearson and Andrew M.
Adler What is an organization required to do in Europe if it engages in Zetoony Computing on the Edge by: Robert M. Kamer and Aubrey A. Slack and Peter A. Paolillo and Ellen L. Mitchell and F. Delaney and Kristina M. Kahlon and Aron C. Thomas and Michael P. Neifach and Otieno B. Porzio and Joshua S. Bryan What a Deal! Ferrante and Nathaniel M. Porzio and Elizabeth A. Bourne and Daniel J. Ferrante and Jana L. Kolarik Judge Leonard P. Lovitch and Rachel E. Ryu and Connor J.
Registering a business name in a state only registers the name in that state, to keep others in the state from using it; a trademark can be registered in the U. To make sure someone else doesn't use your name - or the name of your business - anywhere in the U. People trademark their names all the time.
Actors, authors, sports figures, and other celebrities often trademark their names. For example, IPWatchdog used the example of Sarah Palin, who has trademarked her name actually it's a service mark, not a trademark , The category is "Educational and entertainment services, namely, providing motivational speaking services in the field of politics, culture, business, and values.
Small Business at Chron. To be clear, if you want to trademark your personal name, you must find a business use for it, and that business use must fit into one of the many specific categories of products and services.
Listing your trademarked name in one category doesn't prevent someone from claiming it as a trademark and using it in another category. But in the cases I saw for living individuals, written consent must be given for the trademark of the person's name.
The best names to be trademarked are either "fanciful" or "arbitrary. Fanciful names are best for trademarking. These are made up names and names that are not logically connected with a product or service. In a search of the trademark database , I found the name "John Smith" connected to a business that was listed as "fanciful.
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