Trademarking Your Name: What Are the Legal Considerations?

 I’m a trademark attorney based in Westminster, California, and today I want to talk to you about something that’s very important if you’re starting a business, building a brand, or even becoming a public figure: trademarking your name.

You might be wondering, “Can I even trademark my own name?” The answer is yes—sometimes. But there are some legal steps and rules you need to understand first. Let’s take a walk through what you should know before trying to trademark your name.

Why Would You Trademark Your Name?

People often ask me why anyone would want to trademark their name. That’s a great question.

Let’s say you’re starting a clothing line and you want to call it “Jessica James Apparel.” If your name is Jessica James, you might want to protect that name so that no one else can use it for similar products. A trademark gives you that protection. It helps make sure that customers know it’s your brand and not someone trying to copy you.

You could also be a musician, artist, author, or influencer. If people recognize your name, it becomes part of your brand. That’s worth protecting.

What Is a Trademark, Exactly?

A trademark is a word, phrase, symbol, or design that identifies your goods or services and sets them apart from others. It tells customers, “This product or service came from me.”

Your name can be a trademark, but only under certain conditions. Just having a name isn't enough—you have to use it in business in a way that connects to goods or services.

For example, if you use your name to sell candles, clothing, or coaching services, and people recognize it as your brand, then it might qualify for a trademark.

Can Anyone Trademark Their Name?

Not everyone can trademark their personal name. Just because it’s your legal name doesn’t mean you can claim it as a trademark. The law wants to be fair, and it tries to prevent people from locking down common names unless they are used in a special way.

Here’s the key: if your name is “John Smith,” and there are thousands of other John Smiths out there, it might be hard to trademark that name. But if you’ve built a business called “John Smith Designs” and people know your brand, then you might be able to trademark it—especially if no one else is using it for the same thing.

Also, the more famous your name becomes, the easier it is to protect. Think about names like Oprah, Beyoncé, or LeBron. They’ve become brands. That’s when trademarking a name really works.

How Do I Prove My Name Is a Brand?

To trademark your name, you have to prove that people connect your name with a product or service.

That means you need to show how you’re using the name in business. Do you have a website? Business cards? Product labels? A logo with your name on it? These are all things that help show your name is more than just a name—it’s your brand.

One way to do this is by showing “specimens,” or samples, to the United States Patent and Trademark Office (USPTO). These can be screenshots, packaging, or other materials that show your name in use.

What Are the Legal Steps to Trademarking a Name?

Here’s a quick overview of the steps I usually take when helping someone trademark their name:

1. Search first – We check the USPTO database to make sure no one else is using the same or similar name for the same kind of business. If someone already has it, you may not be able to register yours.

2. Identify your goods or services – You’ll need to explain what you’re using the name for. Are you a designer? A musician? A coach? The USPTO wants to know what industry you’re in.

3. Choose the right class – Trademarks are organized into different “classes” based on the type of business. For example, clothing is one class, and educational services are another. Picking the right one is important.

4. File an application – This is done online through the USPTO. It includes your name, how you’re using it, and your proof.

5. Wait for review – A trademark examiner will look at your application. They may ask for more information or point out problems. You can respond and explain your case.

6. Publication and opposition – If the USPTO likes your application, it will be published for a short time so that others can object if they think it conflicts with their brand. If no one objects, your trademark gets registered.

What Can Go Wrong?

Sometimes, people think trademarking a name is easy—but there are bumps in the road.

• The name is too common – If your name is very common, it can be hard to stand out.

• Someone else already registered it – If someone else got there first, your application might be rejected.

• You’re not really using it – You must show real business use, not just an idea.

• You picked the wrong class – This can cause delays or denial.

Working with a trademark attorney (like me!) helps a lot. We know how to spot problems before they happen and guide you through the process.

What Rights Do You Get After Trademarking?

Once your name is registered, you get some important legal rights:

• You can stop others from using a similar name for similar products.

• You can sue someone if they copy your name and confuse customers.

• You can use the ® symbol, which shows the name is officially registered.

• You can build more value in your brand, which helps if you ever want to sell your business or get investors.

Final Thoughts

Trademarking your name is a smart move if your name is tied to your business, art, or brand. But it’s not automatic. You have to show that people see your name as something more than just your personal identity—they need to see it as a brand.

If you’re unsure where to start, I recommend talking to a trademark attorney who knows the process well. If you're in Westminster, CA, I'd be happy to help!

Protecting your name is protecting your future. If you're serious about building your brand, trademarking is a step worth taking.

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CANEI

13950 Milton Ave. Suite 300, Westminster, CA 92683, United States

714-783-2222