Can you trademark the name of a person?
This is one of the most frequent questions we get at Marcos Law, and the short answer is yes, but it has strings attached.
You can trademark a person’s name when it identifies a product or service, such as clothing, a band, a music group, a restaurant, or consulting, rather than just identifying a person. In short, the name must represent a product, products, or services.
However, in order to be approved, the trademark filing must consider the following:
Key requirements to trademark the name of a person
- Living Person’s Consent: You cannot register a trademark that contains the name, portrait, or signature of a living individual without his, her, or their written consent. This applies even to stage names, pseudonyms, or nicknames if they clearly refer to a specific person. Note that we wrote living individual. So, what happens when the individual has passed? In that case, you will need the approval of the estate of the deceased person in order to trademark the name.
- Secondary Meaning (Surnames): If the name is “primarily just a surname” (like Lopez, Smith, or Williams), the USPTO will refuse registration on the Principal Register unless you prove strong acquired distinctiveness. This means showing that consumers recognize the surname as your specific brand through years of commercial use. In other words, you must prove there is already a strong association in the mind of the consumer with such a surname. For example, Ford is a surname closely associated with a vehicle brand.
- Commercial Use: The name must be actively used in connection with selling actual products or services and filed into classes of products or services. Just being famous or having a well-known name does not automatically give you a trademark over it.
- No Likelihood of Confusion: Some basic trademark consideration is that there is no likelihood of confusion in the mind of the consumer, just like any trademark. The name cannot be identical or confusingly similar to an existing trademark in the same or related industry. However, the USPTO allows the same trademark for different categories, such as Ford the vehicle company and Ford the modeling agency. Both Fords are allowed because they are in distinctly different categories.
- Full Name Combinations: Pairing a first and last name (e.g., “Victoria Beckham” or “Bruce Springsteen” or “Megan Thee Stallion”) or adding a descriptive generic term (“Smith’s Bakery”, “Marcos Law”) creates a stronger composite mark, though the surname portion itself may still require proof of distinctiveness
Famous trademarks names
The famous teen idol Taylor Swift does not have just one trademark; she owns over 300 active and dead U.S. and international trademarks. She even has a company, TAS Rights Management, LLC, which manages her trademarks. Her trademark portfolio covers her name, signature, various stylizations of her initials “T.S.”, and the word Swift, across music, live performances, and merchandise lines (such as clothing, jewelry, and home goods).
Can you trademark the name of a person? Examples.
We present you with a list of names of persons – trademarks and the products associated with the filings:
Well-Known Persons with Trademarked Names
- Taylor Swift – Trademarked for use on fragrances, footwear, bags, stationery, and entertainment services (including phrases like Shake It Off and 1989).
- Beyoncé – Trademarked for her name, branding, and protection for her children’s names (Blue Ivy Carter, Sir Carter, Rumi Carter).
- Rihanna – Trademarked for music, cosmetics, and brand lines like Fenty Beauty.
- Kanye West (Ye) – Trademarked for footwear (YZY) and apparel lines.
- Donald Trump – Trademarked for name use across real estate, media, and licensing.
- Kylie Jenner – Trademarked for cosmetics, apparel, and personal branding.
- Justin Bieber – Trademarked for commercial merchandise and entertainment rights.
- Katy Perry – Trademarked for music and lifestyle merchandise.
- Bruce Springsteen – Trademarked for musical performances and branding.
- Megan Thee Stallion – Trademarked for streaming music, live entertainment, and merchandise (including terms like Hot Girl Summer).
- Victoria Beckham and David Beckham – Trademarked across fashion, fragrances, and family business ventures.
Our Experience with Trademarks
At Marcos Law, we file hundreds of trademarks annually, and only a small percentage are for people’s names. We can confidently answer the question: Can you trademark a person’s name? and other business, intellectual property, and trademark questions you have in mind. Attorney Marcos Garciaacosta analyzes each mark, conducts the search, and provides recommendations, including preparing the required affidavits to successfully file a person’s name as a trademark.
If you are creative, a business owner interested in these types of trademarks, do not hesitate to call Marcos Law at (480) 324-6378. We offer a free 15-minute consultation where you can speak directly with Attorney Marcos to start your trademark filing with confidence.
Our competitive advantage is that clients speak with Attorney Marcos, not a salesperson.
For more trademark information and a description of what Attorney Marcos can do for you, please also visit our website, Top Brands To Trademarks