Should You Trademark Your Personal Name?
If your name is tied to your business, you might be wondering if it’s worth protecting. Whether you’re running a consultancy, personal brand, or product line that features your name, it’s a valid question: Should you trademark your personal name?
Let’s walk through when it makes sense—and what’s involved.
What It Means to Trademark Your Personal Name
To trademark your personal name means securing legal rights when your name is used to promote goods or services. A trademark identifies the source of a product or service and prevents others in your industry from using something confusingly similar.
So, if your personal name appears on your website, product packaging, or marketing materials, you may be able to trademark it. But that protection doesn’t come automatically.
Can You Trademark a Person’s Name?
Yes—but not every name qualifies right away.
The USPTO treats personal names as not inherently distinctive, which means they typically don’t meet the basic requirements for trademark registration unless they’ve developed what’s called acquired distinctiveness (or secondary meaning).
According to the USPTO’s Trademark Manual of Examining Procedure (TMEP §1301.02(b)), personal names—whether real or stage names—must function as more than just a name. They must clearly identify the source of goods or services.
The USPTO further explains in TMEP §1202.09(a)(ii) that even names used on books, performances, or public-facing content must show more than authorship or identity—they must signify the brand behind the work.
To trademark a person’s name successfully, you usually need to show:
- Consistent and long-term use in commerce
- Public recognition of the name as a brand
- Marketing and media that tie the name directly to the business
Full Name vs. Surname: Trademark Considerations
Not all names are treated the same. The USPTO applies slightly different standards depending on how your name is structured:
- Surnames alone (like “Thompson” or “Rodriguez”) are considered primarily merely a surname under TMEP §1211, and are often refused registration unless you can prove acquired distinctiveness.
Want to read more about Surname Trademarks? Check out our post – Can You Trademark a Surname?
- Full names (such as “Jane Doe” or “M. Taylor”) have a better chance of being seen as distinctive—especially if they’re used consistently and publicly in branding. However, they may still face challenges if the name is common or lacks widespread brand recognition.
The more unique and brand-focused your name appears in commerce, the better your chances of securing a trademark.
When It’s Worth Trademarking Your Personal Name
Here are a handful of signs it might make sense to trademark your name:
✔ Offer services under your name, like coaching, consulting, or design work
✔ Built a public-facing brand, such as an author, influencer, or entrepreneur
✔ Want to stop others from using a similar name in your industry
✔ Featured in media, ads, or marketing campaigns
✔ License your name for products or business partnerships
✔ Planning to expand into new product lines or services
✔ Invested in domain names, logos, or branded merchandise featuring your name
✔ Experienced market confusion due to similar names
If you’ve built goodwill around your name, trademarking it helps secure the brand you’ve worked hard to build.
How to Trademark Your Personal Name
Here’s a quick overview of the process:
Hire trademark experts to conduct a professional trademark search – this helps avoid conflicts with similar registered names.
File with the USPTO – You’ll need to prove your name is used in commerce and clearly tied to your offerings.
Show distinctiveness if needed – If the USPTO flags your name as “not inherently distinctive,” you may need to submit evidence of acquired distinctiveness.
Because trademarking a personal name requires extra scrutiny, expert guidance can make a big difference.
Final Takeaway
Can I trademark my personal name? The answer depends on how you’re using it, whether the public associates your name with a specific brand, and if the trademark search proves the name is clear. Not every entrepreneur needs to trademark their name—but if your name is your business, protecting it might be a smart investment.