Trademark Registration of Surnames

Under federal trademark law, it is not possible to get a federal trademark registration on a mark that would be considered primarily merely a surname, unless you can establish secondary meaning (also referred to as "acquired distinctiveness").  In layman terms, this means that you would have to establish that consumers in the marketplace now view your mark as a reference to your company, and not as a reference to your last name.  Unless you can satisfactorily prove that to the Trademark Office, you will be denied the full protection of federal law for your trademark.

How does the Trademark Office determine whether your mark is primarily merely a surname?  They look to several factors, including whether anyone connected to the trademark applicant has that surname, whether the mark is a common surname, whether the mark has any alternative definitions beyond the surname, and whether the mark has the "look and feel" of a surname.  

I should note that the whole purpose behind the prohibition against the registration of marks that are primarily merely surnames is to keep surnames available for people who want to use their own surnames as part of their business identity.  As always, you should always consult a competent trademark attorney before proceeding with a trademark registration.

About the author:
Xavier Morales is the owner of the Law Office of Xavier Morales, http://www.SecureYourTrademark.com focusing on Trademark Registration and domain name disputes. He can be reached at 1-866-618-2517 or by email: xm@secureyourtrademark.com