# Can You Trademark Your Own Name? **URL:** \ **Category:** Factual Questions\ **Created:** [February 4, 2011, 10:07pm UTC](https://boards.straightdope.com/t/can-you-trademark-your-own-name/570206 "2011-02-04T22:07:01Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Duckster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/duckster/32/1244_2.png) [@Duckster](https://boards.straightdope.com/u/Duckster)\ **Post date:** [February 4, 2011, 10:07pm UTC](https://boards.straightdope.com/t/can-you-trademark-your-own-name/570206/1 "2011-02-04T22:07:01Z")
Prompted by this: > [@](#): > > Politics Daily [reports](http://www.politicsdaily.com/2011/02/02/protecting-the-palin-brand-sarah-and-bristol-go-for-trademark-s/) that Sarah Palin’s lawyer has filed applications with the U.S. Patent and Trademark Office to trademark the names “Sarah Palin” and “Bristol Palin.” > > According to records, the “Sarah Palin” trademark was filed November 5, just days after the 2010 midterm elections. > > More interesting timing? Bristol Palin’s application was filed September 15, five days before she appeared on ABC’s “Dancing with the Stars.” [Political Circus: 'Sarah Palin' gets trademarked - CNN.com](http://www.cnn.com/2011/POLITICS/02/04/political.circus/index.html) This is GQ folks so no political slams, overt or covert. [ul] [li]As a private person, can I trademark my name?[/li][li]As a private person with decidedly commercial interests in mind (money for me bwahahha!) can I trademark my name?[/li][li]As a public person can I trademark my name?[/li][li]As a public person with decidedly commercial interests in mind (money for me bwahahha!) can I trademark my name?[/li][li]As a public person can I trademark my name in order to censor politically sensitive negative comments about me?[/li][/ul] FWIW, I am surmising Palin is doing this to create a legal moat around her to stop any smear tactics against her, her agenda (whatever that may be) and possibly derive a commercial benefit from it. Hey, I’m all for making a buck or two. I’m more concerned with the aspect this may be an attempt at limiting political speech. Again, limit comments to answers of questions asked. If so inclined to delving into political ramifications, a mod can see fit to move thread so as not to have to create a separate thread in GD for potential political undertones and motivations. ---
**Author:** ![hogarth](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hogarth/32/1773_2.png) [@hogarth](https://boards.straightdope.com/u/hogarth)\ **Post date:** [February 4, 2011, 10:09pm UTC](https://boards.straightdope.com/t/can-you-trademark-your-own-name/570206/2 "2011-02-04T22:09:13Z")
If you do business with that name (and nobody else does), you can trademark it. ---
**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\ **Post date:** [February 4, 2011, 10:12pm UTC](https://boards.straightdope.com/t/can-you-trademark-your-own-name/570206/3 "2011-02-04T22:12:13Z")
You cannot claim your name as a trademark if you are using it only as your name, including as a byline or credit for things you have written. In order to earn trademark rights in your name (or register it as a trademark) you must be using it “in commerce” as an identifier of the source of goods and services. For example, Tommy Hilfiger uses his name as a mark on his goods (clothing and accessories). Thus, he can claim trademark rights in the term “Tommy Hilfiger.” ---
**Author:** ![california\_jobcase](https://avatars.discourse-cdn.com/v4/letter/c/9d8465/32.png) [@california\_jobcase](https://boards.straightdope.com/u/california_jobcase)\ **Post date:** [February 4, 2011, 10:13pm UTC](https://boards.straightdope.com/t/can-you-trademark-your-own-name/570206/4 "2011-02-04T22:13:55Z")
I believe Bill Joel is trademarked. Oh, wait-It is- found an old thread on it, but I don’t know how to link to it. ---
**Author:** ![Omar\_Little](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/omar_little/32/269_2.png) [@Omar\_Little](https://boards.straightdope.com/u/Omar_Little)\ **Post date:** [February 4, 2011, 10:15pm UTC](https://boards.straightdope.com/t/can-you-trademark-your-own-name/570206/5 "2011-02-04T22:15:25Z")
> [@Duckster](#): > > FWIW, I am surmising Palin is doing this to create a legal moat around her to stop any smear tactics against her, her agenda (whatever that may be) and possibly derive a commercial benefit from it. Trademarking doesn’t protect someone from satire, criticism, etc. available under free speech. It would however, proclude someone from making a bunch of t-shirts, bumper stickers, buttons, etc. that included her name on them and then be able to sell them. The ability to sell items with her name would be restricted to the owner of the trademark. ---
**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\ **Post date:** [February 4, 2011, 10:18pm UTC](https://boards.straightdope.com/t/can-you-trademark-your-own-name/570206/6 "2011-02-04T22:18:44Z")
To answer your questions more specifically: [quote=“Duckster, post:1, topic:570206”] [li]As a private person, can I trademark my name?[/li][/quote] See my answer above. [quote] [li]As a private person with decidedly commercial interests in mind (money for me bwahahha!) can I trademark my name?[/li][/quote] You can file an “intent to use” application with the Patent and Trademark Office, but that must be followed up by proof of use in commerce in order for you to get a valid registration. [quote] [li]As a public person can I trademark my name?[/li][/quote] See my answer above. [quote] [li]As a public person with decidedly commercial interests in mind (money for me bwahahha!) can I trademark my name?[/li][/quote] See my answer above. [quote] [li]As a public person can I trademark my name in order to censor politically sensitive negative comments about me?[/li][/quote] Trademark rights in a term do not give you the right to police other people’s use of the term. They only allow you to object to a “use in commerce” that is “likely to cause confusion” among consumers as to the origin of goods and services. Essentially, this boils down to stopping a competitor from using your name in a way that somehow misleads people about the origin of the relevant goods and services. So, no, it doesn’t help you do anything about negative comments by anyone. > [@](#): > > FWIW, I am surmising Palin is doing this to create a legal moat around her to stop any smear tactics against her, her agenda (whatever that may be) If she is, then she’s been given very bad legal advice. It won’t work. > [@](#): > > and possibly derive a commercial benefit from it. There’s no problem with that, so long as she is using her name as a mark in commerce indicating the source or origin of goods or services. If she’s simply using it as her name, it’s not going to gain her any commercial benefit. > [@](#): > > Hey, I’m all for making a buck or two. I’m more concerned with the aspect this may be an attempt at limiting political speech. No danger of that. ---
**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\ **Post date:** [February 4, 2011, 10:21pm UTC](https://boards.straightdope.com/t/can-you-trademark-your-own-name/570206/7 "2011-02-04T22:21:16Z")
> [@Omar\_Little](#): > > Trademarking doesn’t protect someone from satire, criticism, etc. available under free speech. It would however, proclude someone from making a bunch of t-shirts, bumper stickers, buttons, etc. that included her name on them and then be able to sell them. The ability to sell items with her name would be restricted to the owner of the trademark. This is not necessarily true. It would only work if Palin herself is using her name as a trademark for T-shirts, bumper stickers, buttons, etc., and the person she is trying to stop is using her name on T-shirts, bumper stickers, buttons, etc., in a manner that is likely to cause people to think that they are being manufactured, sponsored, or authorized by her. If the T-shirt says “Sarah Palin is a hypocritical, moronic, evil slutburger,” there’s little risk of such confusion. ---
**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\ **Post date:** [February 4, 2011, 10:24pm UTC](https://boards.straightdope.com/t/can-you-trademark-your-own-name/570206/8 "2011-02-04T22:24:40Z")
> [@hogarth](#): > > If you do business with that name (and nobody else does), you can trademark it. This is not necessarily true, either. It is conceivable for two people to have rights in the same trademark, so long as there is no likelihood that consumers will be confused about the origin of goods and services. For example: Delta – airline and faucets United – airline and moving company American – airline and urinals ---
**Author:** ![Omar\_Little](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/omar_little/32/269_2.png) [@Omar\_Little](https://boards.straightdope.com/u/Omar_Little)\ **Post date:** [February 4, 2011, 10:43pm UTC](https://boards.straightdope.com/t/can-you-trademark-your-own-name/570206/9 "2011-02-04T22:43:32Z")
So the makers of the porn movie “Nailin’ Palin” don’t have anything to worry about? - - Need answer fast! ---
**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\ **Post date:** [February 4, 2011, 10:48pm UTC](https://boards.straightdope.com/t/can-you-trademark-your-own-name/570206/10 "2011-02-04T22:48:37Z")
Not from a trademark standpoint, they don’t. ---
**Author:** ![AshenLady](https://avatars.discourse-cdn.com/v4/letter/a/94ad74/32.png) [@AshenLady](https://boards.straightdope.com/u/AshenLady)\ **Post date:** [February 4, 2011, 11:18pm UTC](https://boards.straightdope.com/t/can-you-trademark-your-own-name/570206/11 "2011-02-04T23:18:18Z")
Palin is an idiot. Good luck trying. ---
**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\ **Post date:** [February 4, 2011, 11:22pm UTC](https://boards.straightdope.com/t/can-you-trademark-your-own-name/570206/12 "2011-02-04T23:22:11Z")
If her lawyer is competent, I would expect she’s planning to put out some kind of gods or services branded with her name. It’s not inconceivable. ---
**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\ **Post date:** [February 4, 2011, 11:39pm UTC](https://boards.straightdope.com/t/can-you-trademark-your-own-name/570206/13 "2011-02-04T23:39:54Z")
Many, if not most, big name writers are private corporations. The corporation can then trademark the author’s name. [Example](http://www.trademarkia.com/harlan-ellison-76268040.html): > [@](#): > > On Friday, June 08, 2001, a U.S. federal trademark registration was filed for HARLAN ELLISON. This trademark is owned by Kilimanjaro Corporation, The, Sherman Oaks , 91423 . The USPTO has given the HARLAN ELLISON trademark serial number of 76268040. The current federal status of this trademark filing is SECTION 8-ACCEPTED. Anybody who makes lots of money is advised to create a corporation. Trademarking personal names through the corporation is becoming far more common. ---
**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\ **Post date:** [February 4, 2011, 11:54pm UTC](https://boards.straightdope.com/t/can-you-trademark-your-own-name/570206/14 "2011-02-04T23:54:05Z")
I wasn’t looking for it, but I just found the [text of the Palin trademark application](http://www.slate.com/blogs/blogs/weigel/): > [@](#): > > To the Commissioner for Trademarks: > MARK: Sarah Palin (Standard Characters, see mark) > The literal element of the mark consists of Sarah Palin. > The mark consists of standard characters, without claim to any particular font, style, size, or color. > > The applicant, Sarah L. Palin, a citizen of United States, having an address of > > ``` > 711 H Street, Suite 620 > Anchorage, Alaska 99501 > United States > > ``` > > requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following: > > For specific filing basis information for each item, you must view the display within the Input Table. International Class 035: Information about political elections; Providing a website featuring information about political issues > > In International Class 035, the mark was first used at least as early as 01/01/1996, and first used in commerce at least as early as 01/01/1996, and is now in use in such commerce. The applicant is submitting one specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) Fox News Contributor; www.facebook.sarahpalin. > > International Class 041: Educational and entertainment services, namely, providing motivational speaking services in the field of politics, culture, business and values > > In International Class 041, the mark was first used at least as early as 01/01/1996, and first used in commerce at least as early as 01/01/1996, and is now in use in such commerce. The applicant is submitting one specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) Washington Speakers Bureau Website Featuring Sarah Palin. Apparently any U.S. citizen can do so. ---
**Author:** ![GreasyJack](https://avatars.discourse-cdn.com/v4/letter/g/df705f/32.png) [@GreasyJack](https://boards.straightdope.com/u/GreasyJack)\ **Post date:** [February 4, 2011, 11:54pm UTC](https://boards.straightdope.com/t/can-you-trademark-your-own-name/570206/15 "2011-02-04T23:54:29Z")
> [@Omar\_Little](#): > > So the makers of the porn movie “Nailin’ Palin” don’t have anything to worry about? - - Need answer fast! I’m confused. What could the film “Who’s Nailin’ Paylin” about the exploits of the fictional character Serra Paylin have to do with the esteemed former Governor? ---
**Author:** ![brocks](https://avatars.discourse-cdn.com/v4/letter/b/7feea3/32.png) [@brocks](https://boards.straightdope.com/u/brocks)\ **Post date:** [February 5, 2011, 12:17am UTC](https://boards.straightdope.com/t/can-you-trademark-your-own-name/570206/16 "2011-02-05T00:17:20Z")
I dimly remember Joe Montana suing Nike when they brought out a “Montana” shoe, and the case being dismissed when Nike said it was named after the state, not Joe. ---
**Author:** ![AshenLady](https://avatars.discourse-cdn.com/v4/letter/a/94ad74/32.png) [@AshenLady](https://boards.straightdope.com/u/AshenLady)\ **Post date:** [February 5, 2011, 12:30am UTC](https://boards.straightdope.com/t/can-you-trademark-your-own-name/570206/17 "2011-02-05T00:30:25Z")
[http://www.yahoo.com/\_ylt=ApjqfuHKpsMXDMOpk61jWpebvZx4;\_ylu=X3oDMTIxbThpdDBiBGNwb3MDMwRlZAMxBGcDaWQtNjY2MDQEaW50bAN1cwRzZWMDaW5fbmV3cwRzbGsDbndzLXRpdGxlBHRlc3QDNzAx/SIG=12g61a087/EXP=1296952101/\*\*http%3A//news.yahoo.com/s/nm/20110204/us\_nm/us\_palin\_trademark](http://www.yahoo.com/_ylt=ApjqfuHKpsMXDMOpk61jWpebvZx4;_ylu=X3oDMTIxbThpdDBiBGNwb3MDMwRlZAMxBGcDaWQtNjY2MDQEaW50bAN1cwRzZWMDaW5fbmV3cwRzbGsDbndzLXRpdGxlBHRlc3QDNzAx/SIG=12g61a087/EXP=1296952101/**http%3A//news.yahoo.com/s/nm/20110204/us_nm/us_palin_trademark) For now, NO. ---
**Author:** ![Bijou\_Drains](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bijou_drains/32/2814_2.png) [@Bijou\_Drains](https://boards.straightdope.com/u/Bijou_Drains)\ **Post date:** [February 5, 2011, 1:06am UTC](https://boards.straightdope.com/t/can-you-trademark-your-own-name/570206/18 "2011-02-05T01:06:59Z")
Apple got permission from McIntosh stereo company when they put out the first Macintosh PCs. Later when the Macs added sound the stereo company sued saying that was not allowed under their agreement. I don’t know how that suit was settled. ---
**Author:** ![Tim\_T-Bonham.net](https://avatars.discourse-cdn.com/v4/letter/t/46a35a/32.png) [@Tim\_T-Bonham.net](https://boards.straightdope.com/u/Tim_T-Bonham.net)\ **Post date:** [February 5, 2011, 1:13am UTC](https://boards.straightdope.com/t/can-you-trademark-your-own-name/570206/19 "2011-02-05T01:13:19Z")
> [@acsenray](#): > > Trademark rights in a term do not give you the right to police other people’s use of the term. They only allow you to object to a “use in commerce” that is “likely to cause confusion” among consumers as to the origin of goods and services. Essentially, this boils down to stopping a competitor from using your name in a way that somehow misleads people about the origin of the relevant goods and services. An example of that: Seeing that they had a quite successful fast-food operation with a few (7) franchises Ray Kroc eventually bought it (including the rights to the name) from the McDonald brothers. Then he expanded the chain greatly, adding franchises all over. But the original McDonalds restaurant (now operated by the brothers & their founding employees) had to change it’s name, because Ray Kroc & McDonalds Corp. now owned & had trademarked the McDonalds name in the fast-food business. Even the original McDonald brothers couldn’t use their own name on their own restaurant. ---
**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\ **Post date:** [February 5, 2011, 2:39am UTC](https://boards.straightdope.com/t/can-you-trademark-your-own-name/570206/20 "2011-02-05T02:39:41Z")
> [@Exapno\_Mapcase](#): > > Apparently any U.S. citizen can do so. I don’t think it’s restricted to U.S. citizens. Any person or entity offering goods or services in the United States can claim trademark rights or register a trademark. > [@](#): > > Anybody who makes lots of money is advised to create a corporation. Trademarking personal names through the corporation is becoming far more common. If it’s becoming more common, then it’s because authors and other famous people are using their names as trademarks and selling licensed merchandise or branded services of some kind. Harlan Ellison can’t assert any trademark rights if he’s doing nothing but writing books under his own name. That’s not a trademark use in commerce. That’s just a name used as a name. > [@brocks](#): > > I dimly remember Joe Montana suing Nike when they brought out a “Montana” shoe, and the case being dismissed when Nike said it was named after the state, not Joe. It wouldn’t be “dismissed” just because they said so. Montana must have been unable to offer evidence that they meant to use his name. And in that case, it was more likely to be a right of publicity case (commercial misappropriation of a person’s name, image, voice, or identity) rather than a trademark case. > [@AshenLady](#): > > For now, NO. Note that the reason for now is a technical one — she forgot to sign the forms. But the news report also says: “The office also said Palin’s application failed to show that her name had been used in commerce and could also be rejected on those grounds.” That’s the main obstacle. > [@Bijou\_Drains](#): > > Apple got permission from McIntosh stereo company when they put out the first Macintosh PCs. Later when the Macs added sound the stereo company sued saying that was not allowed under their agreement. I don’t know how that suit was settled. It was Apple Records, the company founded by the Beatles. [Next page](https://boards.straightdope.com/t/can-you-trademark-your-own-name/570206.md?page=2)