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
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
Celebrity Rights – Public, Private or Intellectual Property
Celebrity lives are mostly public these days through different sources but they too want to maintain certain privacy. This has triggered the need to maintain celebrity rights on different properties. There are several company options that are selling products with celebrity faces from bags to soaps to cosmetics to many others. It requires suitable celebrity […]
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
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
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
An Overview of Copyright
WIPO defines copyright as the right of creators to ownership of their creations and to make use for commercial or other purposes. Copyright today covers literary creations, printed material, computer programs, data, audiovisual media, dance, paintings and drawings, photographs, sculpture, architecture, ad material, technical drawings and others that are the outcome of intellectual effort. From […]
Read More
3D Printing and IPR
The three-dimensional or 3D printing service is different from the traditional way of manufacturing. In the 3D process, objects are created layer wise to get the desired three dimensional impacts. Since the inception of this latest idea in 1980s, it has gone through several changes in the technology used. This requires use of different production […]
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
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
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, […]
Read More
X
Download Firm Profile