If you’ve ever wondered, “Can I trademark my own name?” — the answer is yes, you can! But like most things in law, there’s a little more to it than just filing some paperwork. Let’s break it down in a simple way so you know exactly how to go about it.
What Does It Mean to Trademark a Name?
A trademark protects brand names, logos, and slogans that are used in business. When you trademark your own name, you’re saying, “This name represents my brand, and no one else can use it in a way that confuses customers.”
For example, if you’re an artist, designer, coach, or influencer, your name might be the brand itself. Think of Oprah Winfrey or Ralph Lauren—their names are trademarks because they’re tied directly to their business identities.
When Can You Trademark a Personal Name?
You can trademark your name if you use it in commerce—meaning, you use it to sell goods or services. Just having a name isn’t enough. You need to show that your name has become part of your brand.
Here’s what helps make that happen:
- Brand usage: Your name must appear on your product packaging, website, or marketing materials.
- Recognition: Over time, your name should become recognizable as part of your business.
- Proof of use: You must provide evidence that your name is actually being used to identify the source of your products or services.
This concept is called “acquired distinctiveness” or “secondary meaning.” If your name is widely recognized in your industry, it’s easier to prove that it deserves trademark protection.
What If You Have a Common Name?
Trademarking a common name—like “John Smith”—is possible, but it’s more challenging. You’ll need to work harder to show that your name is more than just a name. You have to prove that your brand stands out in your field and that your name has gained recognition and trust with customers.
Example:
If “John Smith” sells skincare products, his trademark application would need to show that people associate “John Smith” with those specific products—not just a random person named John.
How to Trademark Your Name
Here’s a step-by-step guide to trademarking your personal name:
- Start using your name in business (on your website, labels, packaging, and ads).
- Document the usage—take screenshots and save files that show your name in action.
- Do a trademark search to check for similar names.
- File your application with the United States Patent and Trademark Office (USPTO).
- Respond to any office actions or legal questions during the review.
The USPTO may ask for extra proof that your name is recognized as a brand. Don’t be discouraged—this is normal, especially with personal names.
Why Trademarking Your Name Matters
In a crowded market, owning the rights to your name as a brand gives you legal protection. It stops others from using a similar name that might confuse customers. It also adds value to your business—your name becomes a true business asset.
In 2024 alone, over 450,000 trademark applications were filed in the U.S., according to USPTO data. With that much competition, having a registered trademark gives you an edge.