Can I Trademark my Own Name?

Often people wonder if they can get a trademark in their own name. If Sarah Palin could trademark her name, couldn’t I? Well most likely you cannot. Trademarks are granted for names when they are connected to a business or profession such as fashion design, music, or acting.

In order to register your name with the United States Patent and Trademark Office your name must be distinctive. Generally the more common your name is the less distinctive it will be. For example, you will be hard pressed to receive a trademark if your name is John Smith. However Ms. Palin’s name is fairly uncommon.

What if your name is also Sarah Palin? Can you be sued for infringement for using your own name? No, use of your own name is fine for ordinary business purposes. If you have any concerns about using your own name in your business feel free to contact Stone Law at 732-444-6303 or leave us a message on our website.