What is a Personal Name (Trademark)? Key Legal Insights
Definition & Meaning
A personal name, which can be a first name, last name, or full name, generally cannot be registered as a trademark. However, if a personal name has acquired a secondary meaning in the marketplace, it may be eligible for trademark protection. Secondary meaning indicates that consumers associate the name with a specific product or service. Typically, a personal name can be presumed to have secondary meaning after five years of exclusive use.
Examples of personal names that have become trademarks include Chanel, Levi's, Versace, and Gucci. These names are protected under trademark law because they have established a strong connection in the minds of consumers between the name and the products offered by the respective brands.
Legal Use & context
This term is primarily relevant in trademark law, which falls under civil law. It is important for individuals and businesses looking to protect their brand identity. Users can manage trademark registration processes with the right tools, such as legal templates from US Legal Forms, which are drafted by experienced attorneys. Understanding how personal names can be trademarked is crucial for entrepreneurs and businesses seeking to establish their brand in the market.
Real-world examples
Here are a couple of examples of abatement:
- Chanel: The name of the founder, Coco Chanel, is now synonymous with luxury fashion and is protected as a trademark due to its established reputation.
- Levi's: The brand name originates from its founder, Levi Strauss, and has gained secondary meaning through extensive use in the clothing industry.