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Remove Surname Field into the Trademark License Agreement

Remove Surname Field into the Trademark License Agreement

Aug 6th, 2022

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Got questions?

Below are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.

Can you use your last name for a company?

So, of course, one can use their first name or last name as their business name. Just make sure you get the business name trademarked to prevent others having the same names from using it.

Can a last name be a trademark?

A surname alone only qualifies as a trademark if it has already been associated with the business through advertising and has acquired a secondary meaning. It is also clear why somebody with the McDonald surname could not register a fast food restaurant on the name only.

How do I remove my name from a trademark?

If personally identifying information, such as your name or address, has been disclosed in the public record for an application or registration that youre not involved with, please email an informal request to TMPolicy@uspto.gov to have it removed from the record.

What names Cannot be trademarked?

What Cant Be Trademarked? Proper names or likenesses without consent from the person. Generic terms, phrases, or the like. Government symbols or insignia. Vulgar or disparaging words or phrases. The likeness of a U.S. President, former or current. Immoral, deceptive, or scandalous words or symbols. Sounds or short motifs.

What is trademark surname refusal?

By law, the UPTO may refuse a trademark that is primarily merely a surname. In other words, generally, a person cannot trademark their last name. The trademark office action refers to this rejection as a Surname Refusal.

Can I use my surname in a domain even if it is trademarked?

If a domain name uses surnames, geographic names or common words that describe some aspect of the goods or services sold on the website (healthanswers.com for online health information) it is ineligible for trademark protection unless the owner can demonstrate distinction through substantial sales and advertising.

Can I use my surname as a trademark?

The U.S. Patent and Trademark Office (USPTO) prohibits the registration of any mark that is primarily merely a surname without a showing of secondary meaning.

What is a surname in trademark?

What Does it Mean to Trademark a Surname? A surname alone only qualifies as a trademark if it has already been associated with the business through advertising and has acquired a secondary meaning. It is also clear why somebody with the McDonald surname could not register a fast food restaurant on the name only.

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