Can I Trademark my Name?
Can you trademark a personal name? The answer is yes! Many designers, celebrities and influencers use their personal names as brand names and protect them with trademark registrations.
If you have a successful online persona or if you provide products or services in your own name, registering your name as a trademark can give you exclusivity to use your name for those products or services.
Perhaps you use your name on platforms like YouTube or Instagram as a social media influencer. Or you might be a political commentator, a business guru, a natural health expert, a gourmet chef, a beauty and fashion leader, a marketing coach or an up-and-coming entertainer.
A trademark is a unique sign (such as your name) that helps your customers, clients or followers to identify your business and your branding. It distinguishes the goods and services that make up your brand or business. By registering your trademark, you can achieve legal protection for your brand.
Many well-known Australians have trademarked their names, social media handles or nicknames, including Lauren Curtis, Shane Warne, Miranda Kerr, Kylie Minogue, Steve Irwin, and the Norris Nuts.
Many others haven’t but they should trademark their names!
Anyone building a business using their personal name whether it’s on Facebook, Instagram or any other social media platform, should register a trademark to protect their brand. This becomes particularly important if you intend to sell branded merchandise or license other businesses to use your name (eg endorsements).
Can I trademark my personal name?
Yes! The legal definition of a trademark in Australia specifically states that personal names may be registered as trademarks.
However, before you can register a personal name as a trademark, there are specific criteria to meet. The Trademark Office may ask you to provide:
Consent to registration from the actual person whose name it is;
If the person has died, consent to registration from their estate; or
Confirmation that the name is a made-up name
This protects everyone, but especially famous people, from having their names trademarked by someone else. Imagine, for example, if someone started selling a perfume or clothing range, named after actress Nicole Kidman, without her consent!
What if my name is already registered as a trademark?
If you find that someone else already owns a trademark for your personal name, the Trade Marks Act provides that you can still use your name for other goods or services, as long as it’s not for the same products and not deceptive or confusing for consumers.
If you have a common name, choosing a more original name or nickname for your online persona and brand may be a good option. PewDiePie, described as the world’s richest gaming YouTuber, is a good example of an influencer who chose a unique, made-up name for his online persona and business. And of course, let’s not forget Australia’s own Norris Nuts who have taken their family’s brand to the world via social media!
Read What is a strong trademark for tips to create a powerful brand name.
How to trademark a personal name
If you have already established your personal name as a brand, you should hurry to protect it with a trademark registration.
1. Register as early as possible
The earlier you register your trademark, the sooner you have legal proof that you have rights to that name in trade. This can be used as evidence against anyone who tries to copy you or piggyback on your success.
In a legal case against Kylie Jenner, Kylie Minogue showed that she had built up a significant prior reputation in the name “Kylie” and she filed a notice of opposition citing possible confusion and "damage" to her branding, which was successful.
US actor Meryl Streep applied for a trademark for her name in 2018 to prevent it being exploited commercially in the entertainment industry and many other celebrities have done the same.
In 2021, Helen Clark, a former prime minister of New Zealand, had to take action to stop someone else from registering her nickname, “Aunty Helen” as a trademark for a clothing brand.
Therefore, if you are an influencer, celebrity or public figure, it would be wise to register trademarks for your name and any nicknames as soon as possible. Enforce your rights to protect your name and brand.
2. Apply for trademarks in all the categories you intend using
You should register your trademark in all the categories for which it will be used, both now and in the future, to ensure that you have the broadest protection possible.
For example, Miranda Kerr has trademarked her name in multiple categories for products and services in various trademark categories such as
Class 25 - clothing, headgear and footwear
Class 3 - cosmetics
Class 5 - pharmaceutical preparations
Class 20 - jewellery
Class 35 - advertising promotions and retail services
Class 44 - beauty care salons and treatments.
You should consider carefully the categories of products and services, including promotional goods and ‘merch’ that you might produce or endorse to ensure that you have the necessary trademark protection.
3. Get it done “lightning-fast” with Trademarks Online
Like most bureaucratic processes, applying for a trademark can be complicated.
To cut the red-tape, our legal-tech experts created Trademarks Online. Using our online application system, submitting your trademark is a streamlined, 5-minute process.
Our artificially intelligent software, trained by trademark professionals, helps you quickly select the most relevant products and services for your business and simplifies the application process.
After you submit your trademark application online using Trademarks Online, we’ll email you your receipt and confirmation of your trademark application. We’ll take care of everything from here and email you updates at each stage of the trademark process.
We pride ourselves on helping businesses successfully register trademarks.
