Trademarking Your Name? Unless You're Elvis, Don't Get Your Hopes Up

📌 Quick Summary

Thinking of trademarking your name? Unless you're Beyoncé, Elvis, or Oprah, the U.S. Patent and Trademark Office (USPTO) might shut that dream down. Here’s why personal name trademarks are tricky—and when they actually work.

❓ Common Questions & Answers

Can anyone trademark their name?
Not quite. Your name must be distinctive and have a secondary meaning in commerce—think Oprah, not Bob from accounting.

What does ‘secondary meaning’ mean in trademarks?
It means the public associates the name not just with a person, but with a product or service. It takes time and fame.

Are celebrities the only ones who can trademark their names?
Mostly, yes. Celebrities, public figures, or those with significant brand presence can qualify—because their names function as trademarks.

Can I trademark my name for a small business?
You might—if your name has gained recognition in the relevant market. But it's an uphill legal hike, not a casual stroll.

What names are never allowed to be trademarked?
Generic names, deceptively misdescriptive names, and names with no unique branding value. Sorry, “Mike’s Shoes” doesn’t cut it.

📜 Step-by-Step Guide

1. Assess Your Name’s Distinctiveness
Is your name unique in your industry or commonly used? The more distinctive, the better your chances.

2. Build Brand Recognition
Before filing, you need to show that your name is recognized in commerce—think logo use, website traffic, press mentions.

3. Check for Conflicts
Search the USPTO database to make sure your name isn’t already trademarked or too similar to existing ones.

4. Prove Secondary Meaning
Show that the public connects your name with a specific product or service. This might require customer surveys or sales data.

5. File with the USPTO
Use the Trademark Electronic Application System (TEAS) to apply—just don’t expect miracles unless your name’s already iconic.

📖 Historical Context

Trademarks originated to protect brands and consumers, not personal egos. In the 19th century, trademarks helped differentiate manufacturers in crowded markets. Think “Coca-Cola,” not “John Smith.”

The USPTO has long resisted giving trademark rights to personal names unless there’s a clear public association with goods or services. This goes back to cases in the early 20th century, where courts ruled that merely having a name doesn't automatically confer trademark protection.

Over time, a few famous individuals carved legal paths for personal name trademarks—think Ford (automotive empire) or Gucci (fashion house). But those are tied to decades of reputation, not weekend LLCs.

🏢 Business Competition Examples

1. Michael Jordan vs. Chinese Sportswear Company
Jordan sued Qiaodan Sports in China for using his name in Chinese translation. He won—but it took years and significant fame.

2. Beyoncé
Queen B has trademarks on her name and variations like “Beyhive.” Why? Because she’s turned her name into a multimillion-dollar brand.

3. Elon Musk
Tesla filed for multiple “Elon Musk” trademarks—but only after his name was deeply associated with tech and innovation.

4. The McDonald’s Surname Case
You’d think the last name McDonald would give someone fast-food rights—but a UK businessman with that name lost his trademark battle with the golden arches.

💬 Discussion Section

Trademarking a name isn’t just about identity—it’s about commercial identity. That’s where most hopeful entrepreneurs misunderstand the law. Just because your business card says “Jessica & Co.” doesn’t mean you’re protected under trademark law. The USPTO wants proof that your name functions as a brand.

Secondary meaning is the game-changer. This legal concept means that the name has become distinctive of a business source in the minds of consumers. This is why “Kardashian” can be trademarked for cosmetics, but “Jane Smith” can't—even if Jane is great at doing brows.

Beyond fame, it’s also about longevity and marketing muscle. If you’ve been using your name consistently in commerce, building recognition, and showing up in media—then maybe, just maybe, you can shoot your shot. Otherwise, you're likely facing a rejection letter signed with a very polite “nope.”

It’s also worth noting that some try to trademark a name to block others—a kind of defensive branding. But courts don’t love that approach unless the name truly has commercial relevance. In short: trademark law protects consumers, not your business vanity project.

⚖️ The Debate

💡 Pro Trademarking Personal Names:

• Protects personal brand identity

• Shields against copycats

• Adds credibility and perceived value

• Enables licensing or merchandising

🛑 Against Trademarking Personal Names:

• Can be misused to block free speech

• Hard to enforce for common names

• High legal burden for non-famous individuals

• Encourages ego-driven branding, not business strategy

✅ Key Takeaways

• You can’t just trademark your name—unless it’s famous or has strong brand association.

• “Secondary meaning” is key to personal name trademarks.

• The USPTO rarely approves names that are ordinary or lack distinctiveness.

• Fame isn’t required—but it helps a lot.

• Trademarking your name is a legal strategy, not a personal branding move.

⚠️ Potential Business Hazards

• Wasted Legal Fees on denied applications

• Brand Confusion from weak or unprotected names

• IP Lawsuits if your name overlaps with existing brands

• Reputation Damage from failed trademark attempts

❌ Myths & Misconceptions

• “Anyone can trademark their name.” ❌

• “If it’s your name, you own it.” ❌

• “Adding ‘LLC’ makes it unique enough.” ❌

• “Only celebrities can get a name trademark.” ❌

• “You don’t need evidence of brand use.” ❌

📚 Book & Podcast Recommendations

1. Book: Building a StoryBrand by Donald Miller

2. Book: Trademark: Legal Care for Your Business & Product Name by Stephen Fishman

3. Podcast: Lawyerist Podcast – “How to Build a Personal Brand That’s Actually Legal”

4. Podcast: Side Hustle School – “When Is It Okay to Trademark Your Name?”

⚖️ Legal Cases

1. In re Carson – USPTO denial of “Johnny Carson” name by a third party

2. Jordan v. Qiaodan Sports Co. – Landmark case in China over personal name misuse

3. Elvis Presley Enterprises, Inc. v. Capece – Elvis-themed bar loses in trademark fight

4. McDonald's v. McCurry – Malaysia case where McDonald’s lost a name-related suit

📣 Expert Invitation

Have a name you think should be trademarked? Or a client who’s convinced their name is their brand? Let’s talk strategy. Visit InventiveUnicorn.com for a no-fluff consult and legal clarity.

🔚 Wrap-Up Conclusion

Unless your name is lighting up headlines or merch aisles, chances are you can’t trademark it. But that doesn’t mean you can’t build toward that goal. Just make sure you’re branding for business—not ego.