What's in a Name? A Trademark.
Learn when and how to trademark a name, stage name, nickname, or pseudonym.
In Wiliam Shakespeare's Romeo and Juliet, Juliet posed the question to Romeo "What's in a name? That which we call a rose by any other name would smell just as sweet." Back then, family names, or surnames, such as the Montagues and the Capulets held the most power.
Today, any name can be turned into a multi-million dollar brand. Think Eminem, Kylie Jenner, Bhad Bhabie, Trump, or Jimmy Kimmel.
In the eyes of the U.S. Patent and Trademark Office, a name by their definition can be a full name, first name only, last name (surname) only, nickname, stage name, title, or pseudonym that identifies a well-known or famous person, or someone who has public recognition under their name.
A trademark that identifies a particular living individual, especially a celebrity, can only be registered only with their written consent.
The question as to when trademarking a name makes sense, depends on if you are using, or plan on using, the name in commerce for products or services.
For example, let's say I am the popular YouTube gamer and content creator, PewDiePie. Not only would I want to protect my nickname for the streaming entertainment content I create, but also for the branded merchandise I am selling such as clothing, posters, keyboards, headsets, and even software and movies (See PEWDIEPIE USPTO Reg. No. 4424201).
So how do you trademark a name?
The exact same way you would any other trademark, by filing an application at the USPTO. However, if the name identifies a famous individual, then the trademark will need to be filed with a consent agreement.
Here are some examples of different types of names that have been trademarked:
FULL NAME: KYLIE JENNER, JIMMY KIMMEL, BRITNEY SPEARS.
SURNAME ONLY: TRUMP, MORGAN STANLEY, FORD.
PSEUDONYM: J.K. ROWLING for the writer Joanna Rowling and BRAD PITT for actor William Bradley Pitt.
STAGE NAME: NICKI MINAJ, for singer Onika Tanya Maraj, THE WEEKND for singer Abel Makkonen Tesfaye, and EMINEM for singer Marshall Bruce Mathers III.
TITLE: MRS. FIELDS, UNCLE BEN'S, AUNT JEMIMA.
NICKNAME: TIGER WOODS for Edrick Woods and JOJO SIWA for Joelle Jonie Siwa.
If your trademark does identify a particular living individual, you will need to also submit a signed consent agreement from that person. This can be done at the time of the trademark application's filing, or once the USPTO reviews and issues an office action requesting it.
Here are some consent agreement examples that have been submitted on trademarks for famous individuals:
JOJO SIWA - See the signed consent agreement. This consent agreement was signed on behalf of Joelle's mother, as JoJo was a minor at the time the trademark application was filed.
KYLIE JENNER - See the signed consent agreement. This consent agreement was signed on behalf of Kylie's mother, as Kylie was a minor at the time the trademark application was filed.
As always, consult with an attorney before taking action on any of the items contained within this article.
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