A surname usually qualifies for trademark registration on the Supplemental Register. In order to qualify for placement on the Principal Register, the mark must have acquired distinctiveness, or “secondary meaning.” That is, it must be well-known to the public – for example, through advertising or long use.
Once a mark is listed in the Principal Register, others are precluded from registering the mark, even on the Supplemental Register, in a way that might cause consumer confusion (i.e., for a similar product or service).
Other Frequently Asked Questions
- Can a family name or surname be trademarked?
- How long does it take get a trademark or service mark?
- What constitutes trademark infringement?
- What is the difference between a trademark and service mark?
- What is the difference between state and federal trademark?
- Will a state trademark protect a nationwide brand?