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
Copyright in the Digital World
These days, there is an increased use of smartphones, computers and tablets and multimedia has shown its great influence in our lives. In the digital world, there are several works used by us. Have you thought whose work are we using? Well, none of us have tried to find out the owner of the work […]
Read More
US and India to join hands on the grounds of Intellectual Property Rights
After US President Donald Trump’s visit in India from February 24 to 25th February, India and the US have opted for an agreement relating to intellectual property rights or IPR. As a result of this, the cabinet sanctioned MoU with the US pertaining to IPRs, relevant to information and broadcasting as has been stated by […]
Read More
Artificial Intelligence and Intellectual Property Law
What is Artificial Intelligence? The division of Science which deals with making machines equipped with human-like intelligence to act in human-like fashion and the exhibit human capabilities is known as Artificial Intelligence (AI). Multiple disciplines like Computer Science, Psychology, Philosophy, Sociology, Mathematics, Biology and Neuron Science contribute to the development of AI. Benefits Of AI […]
Read More
Domain Name Disputes in India
Domain Name As Trademarks A domain name which is unique, capable of identifying itself and distinguishing its goods and services from those of others and acts as a reliable source identifier of concerned goods and services on the internet may be registered as a trademark. Domain Name Disputes A domain name dispute would arise when […]
Read More
Copyright Issues Involving Music
For a music composer, lyricist, a producer, or any performer, protecting music is a big concern under the U.S. copyright protection laws. By copyright, it indicates legal protection that is offered to the original work of music of the creator from others to use it by their name. The copyright law shall prevent others from […]
Read More
Pharma Companies File 15% of Patents in India
The Indian Pharma industry is primarily known for its Generic Drugs. But recently, to push its value higher in the market, the Indian pharmaceutical industry is investing more in research and development of new drugs along with increasing the potency of the existing ones to move up the value chain. From 2013-2015, out of the […]
Read More
Liability Of Internet Service Providers In Digital Environment
Isp Liability In India: Internet Service Providers (ISPs) can be liable for the content on the sites they host. They can be liable even if they were merely passively hosting the site, unless they take down the objectionable material when they receive notice of it. The Copyright Act and the Information Technology Act includes the […]
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
Blockchain Technology: Is it Building a Brighter Future
What is Blockchain Technology? The Blockchain is an incorruptible digital ledger of transactions that can be programmed to record virtually everything of value. So a blockchain is a continuously growing list of records called blocks, which are linked and secured. It protects the identities of the users. Although transactions on the blockchain are not completely […]
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
X
Download Firm Profile