See Also: Personal Names, Trademark Protection Of(law)
Presidents Names, Trademark Protection For(law)
Music, Trademark Protection Of(law)
Packaging, Trademark Protection Of W10,14(law)
Numbers, Trademark Protection Of(law)
Shapes, Trademark Protection Of 1.1(law)
Slogans, Trademark Protection Of1.1, 2.22(law)
Smells, Trademark Protection Of1.1(law)
Sounds, Trademark Protection Of 1.1(law)
Surnames, Trademark Protection Of(law)

Personal Names, Trademark Protection Of (law)




Traditionally, courts have been reluctant proscribe the use of ones own name in business even when another business exists by the same name. As such, courts would try to craft injunctions to be as narrow as possible to permit use of a personal name. More recently, courts have become increasingly insensitive to any prohibition on using ones own name, where such use creates a likelihood of confusion for consumers. Thus, trademarks consisting of a persons own last name (surname) are generally protected under trademark law once the mark has acquired secondary meaning. First names may not need to acquire secondary meaning, however they receive very weak protection generally.