Can regular names, first or last, be granted trademark protection?
It depends. Generally first names and surnames are not granted trademark protection. However, if an otherwise common surname takes on a distinctive quality, or if a famous name develops a “secondary meaning” under the trademark regulations, then that name may be granted trademark protection. Q: What is a secondary meaning? A: Secondary meaning describes the situation that occurs when common names or terms acquire a specific meaning through continuous, exclusive use throughout an industry. An example of an already famous name which has acquired a secondary meaning throughout an industry is Newman’s Own® brand of salad dressings and lemonade. While Paul Newman, the actor, already had a valid claim on his name as a celebrity, his creation of a line of gourmet food products qualifies his name as having a secondary meaning within the food industry. As a result, Newman’s Own® takes on a distinctive meaning and qualifies for trademark protection within that industry. Q: Is a celebrity always
