Can someone trademark your name?

When launching a business, many people opt to name the venture after themselves.

Over time, should they develop a reputation for providing quality goods or services together with excellent customer service, their name may become a valuable intangible asset for their company, acting as a powerful draw to customers and helping to drive profits.

In such a situation, it’s clearly important for a business owner to do all they can to ensure that they can continue to use their own name as the name of their organisation.

Can you trademark your own name?

There is nothing in UK law to prevent you from applying to register your personal name as a trade mark.

As with any other application, the Intellectual Property Office will check to see if there are any similar trade marks and, if so, whether the owners object to your application. They will also check that your application compiles with the current Trademark Law as some names are protected (the Royal Family as an example)

If your application is granted, you will be free to use your own name as the name of your business.

Should there be a successful objection, however, your application to trademark your name will be rejected by the Registry and this can have implications on your use of the name.

Can I be prevented from using my personal name as the name of my business?

It may be that someone registers your name as a trademark either before or after you set up your business and attempts to prevent you from continuing to trade under that name.

In such circumstances it is important to be aware that you may have a legal defence under the Trade Marks Act 1994 . The legislation can establish that you are not infringing a registered trade mark if you use your own name as the name of your business. However, taking legals advice is recommended before adopting any name as a trade mark.

How can the concept of ‘passing off’ protect my business name?

If you have not trademarked your personal name, you may still be able to take action under the common law concept of ‘passing off’ against someone who uses a similar business name to your own.

This protection is not as strong as that offered by a trade mark as it obliges you to demonstrate that your business has been used substantially and has a reputation and is suffering damage and unfair losses. Passing off is a common-law tort that can be difficult and costly to enforce when compared to rights in a registered trade mark.

How can Trademark Eagle help me keep trading under my own name?

The concepts outlined above constitute a complex area of law and, should you have any concerns, it is highly advisable that you seek specialist advice.

Trademark Eagle’s in-house advisors have considerable expertise over the use of personal names in business and, working with the highest levels of professionalism, will offer the support you need in resolving your issue without the need for an expensive court hearing.

Please get in touch to learn more about how Trademark Eagle can help you.

Call: 01223 208 624

Email: enquiries@trademark-eagle.com

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