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Can you trademark a person's name?

Founder & Trademark Attorney

Yes, personal names can be registered as trademarks, but the requirements vary by jurisdiction.

In the EU, a personal name can be registered as a trademark provided it meets the standard registrability requirements. That means, it must be distinctive in relation to the goods or services it covers and must not conflict with an earlier mark. The EUIPO does not impose additional restrictions on personal names specifically.

In the US, a personal name can be registered as a trademark if it has acquired distinctiveness through use in commerce and is not primarily merely a surname. Surnames are treated as descriptive by the USPTO and require evidence of acquired distinctiveness (secondary meaning) before they can be registered.

In most jurisdictions, using another living person's name as a trademark without their consent is not permitted.

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