The answer is yes! You are able to trademark your own name, your personality as well as you as a brand.

Only know that you really have to be using your name and personality in commerce as a brand. We get some calls of people who think that just because they own another brand that they are a register-able trademark for what they do, but many times because they have done such a wonderful job at using their brand, they have not focused on their name and personality which is now nowt associated with who they are and what they do. I know you must be saying “What???”

A brand's personality is a set of human characteristics applied to a brand. These characteristics help consumers relate to the products or services that your company provides, and if done correctly it will increase your brand's equity by establishing a distinct set of traits.

U.S. Patent and Trademark Office allows one to register a personal name as part of a trademark, but it cautions that it “only grants this level of protection to names that are widely used in commerce or are unique. “ So if you are thinking of trademarking your name to keep others from using it in conjunction with their business it is best that you use it distinctively from your own personality. When you use it make sure the name mark is intentionally applied to the business world and that you do so regularly

so it can meet the USPTO regulations. Another condition for trademarking it is not being too similar to another name that has already received a trademark.

This is in no way to be confused with using your name on your website or registering your name in your local business divisions. Many lawyers have for years used their names as a part of the name of the entity “Law office of Attorney Demtirus Evans” or “Evans, Evans & Foster” or even “The Evans Group.” Sorry, but that does not make your name register-able. This is normally done by the rich and famous: actors, television personalities, etc.

Lady Gaga has had a few law suits for the use of her person. One is still going and international and another one they loss. Of course other companies cannot just use your name in connection with their products if you are popular. Even if your name is not registered as a trademark, there may be common law rights, depending on your locality. Sometimes these are called “The Right of Publicity, or Misappropriation of a name or Misappropriation of a Likeness . It could also be the Misappropriation of a person’s signature, voice and or photograph. If you think about it, this just makes good sense. If someone used your signature it just sounds fraudulent or an Invasion of Privacy. These are causes of action that could be grounded in state statues.

If you or someone you know believes their Identity and or name has reached the level of trademarking, then it should be a consideration. If someone is able to profit from you, it should be you! If on the other hand you have been accused of Misappropriation or received a “Cease & Desist” letter from an attorney because the believe that you’re infringing on someone’s likeness or name, please contact us. There are ways to handle both situations. Of course we believe int he protection of your intellectual property but its not always that easy.