Can an individual’s name be trademarked?

Photo of Igor Demcak

Written by Igor Demcak

Founder & Trademark Attorney

Yes, an individual's name can be trademarked, but it heavily depends on the name and the situation.

When a personal name functions as a brand identifier, rather than just a name, it can be registered as a trademark. This is common in fashion, entertainment, and professional services, where the individual's name carries commercial recognition (Calvin Klein, Ralph Lauren, and Gordon Ramsay are all registered trademarks).

However, surnames alone are trickier to register, particularly in the US, where the USPTO treats surnames as descriptive. Registration typically requires evidence that the name has acquired distinctiveness through commercial use and that consumers associate it with a specific source of goods or services rather than simply a family name.

Using another person's name as a trademark without their consent is not permitted in most jurisdictions.

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