Your Last Name as a Trademark
In general, there is a prohibition on registering trademarks that are primarily one’s last name. The reason behind this rule is that others with the same last name should be able to use their names as well for their business identity.
At the same time, if you can prove to the trademark office that consumers view your name as the source of your particular goods or service and not a a reference to your last name, then it may be possible to secure full federal trademark rights.
Securing rights to a mark that is primarily made up of your last name requires that the facts surrounding your use correspond with the requirements of trademark law. If you are considering trademark registration of a surname, you should consult with a competent trademark attorney to avoid needlessly submitting an application that is certain to not register.
