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

Intellectual Property Glance

The discussion on intellectual property starts with distributing it into three categories for the same of convenience and clarity. The product of intellectual efforts: The product of intellectual effort could be tangible or intangible encompassing such outcomes as literary creations, artistic creations, books, music, song, dance, drama, sculpture, paintings and even computer programs. It must […]

Intellectual Property Rights in the Era of Counterfeit Goods

The industry of counterfeited products has taken shape due to the desire of customers to get hands-on high quality item at reasonable rates. They have great satisfaction in this and this is where the counterfeited goods are made available in the market. Different world markets are full of counterfeited products ranging from cosmetics, electronics, footwear, […]

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 […]

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 […]

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 […]

Why Intellectual Property Rights

Intellectual property rights create a situation in which the inventor or the creator enjoys full ownership and rights to commercial exploitation of his creation while everyone else is excluded. The justification is that such a creation, if it has material value, must benefit the creator while preventing others who would otherwise commercially exploit the concept […]

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 […]

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 […]

The Common Law Protection Of Trade Secrets And The Need For A Statue

Introduction: A trade secret is anything you use in your business that gives you an advantage over your competitors. A trade secret can be a recipe, process, formula, strategy, technique or device that your competitors do not know, do not have, and cannot use. With development in technology, as well as the ease of sharing, […]

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 […]