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
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, […]
Read More
Delhi HC’s Ex Parte Order in Coca-Cola Company & Anr vs Glacier Water Industries Ltd.
This is a case of a Delhi High court ex parte proceeding concerning trademark dilution. The plaintiff filed a suit seeking a permanent injunction, damages and to restrain them from passing off their products as that of the plaintiff. The plaintiff also pleaded the court to restrain the defendants from using the mark ‘KINLEY’ and […]
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
Intellectual Property and its Role in the Pharmaceutical Industry
Intellectual property rights are considered to be an important asset of any corporate unit. It is an indication of the creation of mind and the work that makes one entity different from the other. With better IP or intellectual rights, it would be easy to promote the possible innovations and this would be useful in […]
Read More
Fluid Trademarks
Fluid mark is often thought of as a conventional mark which can be converted to a living form with some specific representation. In other words, fluid trademark is a modern method of branding that shall help achieve success easily in this digital era. As per the name, the mark tends to change with time. This […]
Read More
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 […]
Read More
Patents – An Important Tool for Pharmaceutical Industry
For suitable protection of medical inventions, patents are the perfect option. This would also safeguard medical discoveries that are research-based and it is done by most of the pharmaceutical companies. In return for the protection offered by the patent, it can disclose the research used in coming up with the medical innovation in the pharmaceutical […]
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
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
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
X
Download Firm Profile