How to Trademark a Name
Like a king’s monogram on a wax seal, or the signature of an artist on a work of art, a trademark was traditionally a mark that would help consumers to identify the origin or producer of a product. If a company develops a trustworthy reputation, consumers recognise and begin to look out for the trademark, which helps to increase brand loyalty and grow the company’s goodwill, even globally.
Many companies trademark their logo and also register trademarks for their slogans, but this article discusses how to trademark a name.
Can you trademark a person’s name?
The definition of a trademark includes the option for a personal name to be registered as a trademark. The benefit of a registered trademark is that it protects your exclusive right to use specific words, phrases, symbols or logos/images to identify your brand.
For example, musicians, artists and fashion designers often trademark their personal names to use as brand names. Below are some Australian trademark registrations for personal names:
The IP Office is likely to require information to confirm the registrability of a personal name as a trademark, such as:
If the person is alive, consent to registration from the actual person whose name it is;
If the person is deceased, consent to registration from their estate; or
Confirmation that the name is a made up name
How to trademark a business name
To register a name for business use, you will need to specify the classes and goods and services for which you intend to use the trademark..
For example, Kylie Minogue has registered trademarks for a range of different goods and services falling across a number of trademark classes, including sound recordings, entertainment, cinematographic products, clothing, jewellery, bags, linen goods, furniture, photographs, candles, kitchen utensils, cosmetics and cleaning products, games and playthings etc.
If someone applies to register a person’s trademarked name for different goods or services, they might be successful, particularly if consumers are unlikely to be confused by the two marks. For example, the combined mark of Alex Perry Hotel and Apartments has been registered in Australia by another business, even though the designer, Alex Perry, has a registered trademark for his clothing brand.
It’s likely that Alex Perry has of course provided specific consent to use and registration of his personal name as part of the Alex Perry Hotels & Apartments trademark. In situations like this, we would expect the IP Office to at least ask questions about the name before accepting it for registration, including whether it belonged to the applicant, whether the consent of the owner of a pre-existing trademark had been obtained if it didn’t belong to the applicant, or whether it was a made up name.
Read more about the importance of a trademark business name and these tips for choosing a business name.
How do you trademark a name?
Trademarking a name is a tactical business decision. Here are 5 reasons why you should register your trademark name.
Usually, it’s an uncomplicated process that requires doing a trademark search, submitting an application to the IP Office and then responding to any objections.
Trademarks Online makes applying for a trademark for a name simple. It’s important to first conduct a thorough search to check that your proposed name is not already registered.
Ideally, it must be distinctive to avoid trademark objections.
1. Trademark Name Search
You will avoid potential issues if you begin by conducting a trademark name search to check that your mark is not identical or confusingly similar to an existing registered trademark. You can search the IP Australia website to check their trademark records. Search results also show applications which are in progress or pending. Besides this, you should also search online and local business directories to ensure that your name is not already in use. You don’t want to risk brand confusion or lawsuits later on, so do your research thoroughly.
2. Submit a trademark application online
Our Trademarks Online makes submitting your application for a trademark seamless.Submit your trademark application online in 4 easy steps:
Type in your trademark name
Choose from the recommended goods and/services
Complete the trademark owner’s details
Pay for the application.
3. Respond to the Trademark Office
After you submit your trademark application, it is not registered instantly.
The application must first pass through an examination process. A trademark examiner will make sure that it meets the legal requirements for registration and doesn’t conflict with any existing identical or closely similar trademark applications or registrations. You’ll then be advised if your mark is accepted or if there are any trademark objections.
Once your trademark has been accepted, it is advertised for a period of two months, to allow third parties to submit a trademark opposition to the registration. If there is no opposition, your trademark can be registered after the opposition period expires.
It will take at least six months or more from the date of application for your trademark to be registered by the Trademark Office. (Note that the Australian Trademark Office is currently experiencing an examination backlog, which means that it can take six or more months before your application is even examined.)
To avoid delays, you should respond to any objections or oppositions as quickly as possible. You might need the assistance of a trademark lawyer.
After your trademark is registered, you can start to use the registered trademark symbol ® with your trademark name. You can then enjoy the exclusive brand protection that a trademark registration provides.
Ready to trademark a name? This article will lead you through the preparatory steps: How to get a Trademark
