By Maryann Lawrence, Startup Rep, Direct Incorporation
It’s all over the news. Sarah Palin’s name will soon be trademarked. Alaska’s former governor applied for the trademark earlier this year and, so far, she has passed all trademark hurdles, according to U.S. News & World Report.
According to her trademark application with the United States Patent and Trademark Office, Sarah Palin wants to register her name in two classes: information about political elections and educational and entertainment services.
This begs the question; can anyone trademark their personal name? Here is where it gets a bit complicated. In order to trademark your personal name, you will have to prove that your name has achieved secondary meaning. In other words, the public needs to have associated your name with a good or service.
For example, celebrities can and often do apply for trademark protection based on the distinctive nature of their name and talent. (They make money off of being who they are.)
For more on trademarking a birth name, check out this great post from the Ohio State Bar Association website.
Do you have questions about trademarks, service marks or registration marks? Please leave a comment below and I will try to answer them. Thanks! – Maryann
