1. Introduction
If you’re asking can you trademark a name, the answer is yes—you can trademark a name as long as it meets certain requirements. Trademarking protects your business or brand identity by giving you exclusive rights to use the name in connection with your products or services.
2. What Does Trademarking a Name Mean?
A trademark is a legal protection for words, phrases, symbols, or logos that distinguish your goods or services. Trademarking a name means that no one else in your industry can use it without your permission.
3. Can Any Name Be Trademarked?
Not all names qualify for trademark protection. A name must:
- Be unique and distinctive.
- Not be too descriptive (e.g., “Best Coffee Shop” can’t be trademarked).
- Not be generic or commonly used in your industry.
- Not be identical or confusingly similar to an existing trademark.
4. Examples of Trademarkable Names
- Distinctive brand names: Nike, Apple, Starbucks.
- Invented words: Google, Kodak.
- Unique personal names used for business: Chanel, Ford.
5. What Cannot Be Trademarked
- Generic or common terms (e.g., “Milk” for dairy).
- Geographical names (e.g., “London Bakery” may be restricted).
- Offensive or misleading names.
- Names too similar to registered trademarks.
6. The Trademark Registration Process (UK Example)
- Search the Intellectual Property Office (IPO) database to check availability.
- Apply online with your chosen trademark class (industry category).
- Pay the application fee (from £170 for one class).
- The IPO examines your application.
- If approved, your trademark is published for opposition (2 months).
- If no objections, the name is registered and protected.
7. How Long Does a Trademark Last?
- In the UK, a trademark lasts 10 years and can be renewed indefinitely.
8. Benefits of Trademarking a Name
- Exclusive rights to use the name in your industry.
- Legal protection against copying and infringement.
- Increases brand value and credibility.
- Can be sold or licensed to others.
9. Costs of Trademarking a Name
- UK IPO registration starts at £170 for one class.
- Additional classes cost £50 each.
- Legal fees may apply if you use a trademark attorney.
Frequently Asked Questions
Q1: Can you trademark a personal name?
Yes, if it’s used commercially (e.g., fashion brands like Chanel).
Q2: Can two businesses have the same name?
Yes, if they are in different industries or regions (e.g., Delta Airlines vs. Delta Faucets).
Q3: Do I need a lawyer to trademark a name?
Not required, but professional advice can help avoid mistakes.
Q4: Can I trademark a name before starting my business?
Yes, you can register it in advance to secure protection.
Q5: What happens if someone uses my trademarked name?
You can take legal action, including cease-and-desist letters or lawsuits.
Q6: Is trademarking worldwide?
No, trademarks are territorial. You must apply in each country where you want protection.
Conclusion
So, can you trademark a name? Absolutely—if it’s unique, distinctive, and not already taken in your industry. Trademarking secures your brand identity, provides legal protection, and increases business value.