Trademarking surnames

Dec 2022

Having difficult surnames may be challenging to explain others and also when you want to register the name as trademark. As per the trademark and merchandise act of 1958, it is stated that a mark can be refused if one choose a personal name or surname. Though, there is no such clear specification in the act, people have consumed that surnames can be registered as trademarks. It may be a good to claim registration over someone that is common to others. Trademark is about finding a unique name relevant to the service or product of your service. This shall help the identifier to find your product easily from the rest in the market. So, using a surname as a trademark may not be a good option to try.

It is known that a surname can be considered as trademark only when it is connected with business by means of advertising and others. Though, you get a right to use a surname registered and use it for purpose of trade, there is no point in using one that is someone else may also pick. As starting a business in the name of surname is not common these days in India, number of businesses of same category and the plural use of the surname has also increased. Owing to this, it creates confusion in the market and one fail to exercise exclusive rights relating to the mark.

Important things to know about trademarking surnames

A particular surname word may not be suitable for registration unless it has any feature of distinctiveness. This is mainly done to bring in some differentiation among the goods of different proprietors with the same trademark surname.

In case the surname chosen for registration shows a better meaning for the trademark, it may be worthy of registration even when it does not have any distinctiveness. However, in such cases, the protection of registered surname may be challenging. To be one the safe side, it is to avoid getting a surname registered even when it has relevance with goods or service of the brand. If you are planning to choose a surname as business trademark, there are myths related to its registration. It is better to check for the existence of the trademark before you finally make up your mind to use it for your business.

Courts’ opinion regarding trademarks and surname

As per courts opinion, a surname has ordinary significance and the word does not have much significance other than just being a surname. If the surname has other meaning with it, there is high chance of the surname to register it. This is useful for your business and it shall help to get a distinctiveness of the chosen surname when used as a trademark for the business. You need to research well to know which surname word will be suitable and distinct to be used for your business.

However, trademarking and registering a surname is not a good idea if you are looking something exclusive rights to exercise for your business.

Trending Blogs
India dropped to 40th position in International Intellectual Property Index
India has fallen to 40th position in the International Intellectual Property Index. This index helps know about the IP climate in the 53 global economies of the present year. This is as per the report US Chamber of Commerce’s Global Innovation Policy Center. As per last year’s report, India has been ranked in the 36th […]
Read More
Music Law 101: What Does Copyright Law Protect?
Music Law 101 is all about protecting different musical works along with sound recordings to its original creator. As copyright can be a confusing part, it is better to know what all it protects so that it becomes easy. It is known that each piece of recording has two types of copyrights. First, it protects […]
Read More
Voluntary Cancellation of Trademark Registration
Trademark registration is a timely affair for 10 years, and it is registered as per the Trademark Act, 1999. There are certain rules and laws pertaining to trademarking a symbol for a brand. A proprietor can get a symbol, phrase of the word, or equivalent trademarked to be used for the brand. But there are […]
Read More
Protection Folklores India Intellectual Property Rights
India is a land of diversity when it comes to folk and ethnic culture with hundreds of ethnic, linguistic and religious groups with diverse origins and lifestyles that, over time, intermingled in part and remained untouched in parts over centuries. Perception about folklore differs in India, mainly associated with tribals and simple rural people, rather […]
Read More
Need for Kashmiri Saffron to get the GI tag
The Kashmiri Saffron has been given geographical indication tag recently from Lieutenant Governor G C Murmu. The acquiring of GI tag is a step ahead in bringing the brand among the list of top ones. The tag has been given for the saffron grown in Kashmir. In this regard, it can be said that the […]
Read More
Drug Patents and Generic Pharmaceutical Drugs
When a drug is manufactured and released to the market in the initial period, it is sold under a certain brand names and can only be availed from a pharmacy after being prescribed by the doctor. The patent of the drug is owned by a few brands who are the only eligible brands to manufacture […]
Read More
The Clash Of Jurisdiction Of CCI And TRAI
Overlapping Jurisdiction The Competition Act, 2002 read with section 18 of the legislation delegates to the Competition Commission of India (the “CCI”) the duty of “promoting and sustaining competition” in the Indian economy. This implies that the CCI will have principal jurisdiction to regulate conditions of competition in the relevant market of India. Whereas, Section […]
Read More
Lack of Music Publishing Knowledge Robbing Indian Artists of their Rights
In India there has been a lack of knowledge regarding publishing music. It can be said that a large part of publishing an art for is still unexplored. It is not about the common people but the artists and the music companies are oblivious towards it. At the initial stage due to lack of knowledge […]
Read More
Protection Folklores India Intellectual Property Rights
India is a land of diversity when it comes to folk and ethnic culture with hundreds of ethnic, linguistic and religious groups with diverse origins and lifestyles that, over time, intermingled in part and remained untouched in parts over centuries. Perception about folklore differs in India, mainly associated with tribals and simple rural people, rather […]
Read More
The Big Push to Reform Music Copyright for the Digital Age
Music creators of the present digital age should be aware of the copyright issues better due to different reasons. Music is made available on different websites, and it is necessary to prevent the increasing problem of infringement. Pertaining to this, a number of bills are proposed in Congress that can enhance royalty payment for the […]
Read More
X
Download Firm Profile