Legal Question in Intellectual Property in California
I am a performing songwriter and humorist trying to tradmark my birth name for my arts and media work. My goal is to prevent others from using the same name. Question: i somtimes use my middle name professionally and sometimes not. My prior use going back 30 years didnt use the middle name until a few years ago. The newer competitors who I hope to constrain use the same first and last name but no middle name. Should I trademark the full name ith middle ir without? One lawer told me the protection is broader with all three, another told me the protection is broader with just first and last.
2 Answers from Attorneys
Under Lanham Act 15 USC 1052(e) a mark which is primarily merely a surname is not federally registrable in the primary register for trademark without proof of secondary meaning. So unless you can show that your surname has gained a certain recognition to the general public, your attempts to register your name as a trademark will likely be rejected.
If you think your surname has obtained secondary meaning and can show evidence as such, feel free to contact me or a trademark attorney in your area.
Goodluck,
Jim Betinol
I agree with Mr. Betinol. Truly famous folks can register their names as trademarks under the theory that the name has acquired a "secondary meaning" in the marketplace. One example I have seen is "Oprah." For a less well-known person, even someone with a reputation of sorts as a performer, the chances of trademarking their proper name -- whether last name only, first and last name, or first, middle and last -- are rather remote.
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