Can An Individual Trademark Their Legal Name?

Hello!

Since I have been practicing trademark law, individuals always ask me if they can trademark their legal names. This particularly becomes an issue when the individual has developed a reputation as a recognized leader in their field; earns a salary from speaking engagements; writes published material; is a recognized inventor, or is a celebrity.

The trademark laws state that common first and last names can be trademarked if they are distinctive, i.e, developed a secondary meaning; or used to identify a source of goods, services, or talent associated with the individual. Lastly, the goods, services, or talent must be sold in commerce.

I will use the name Bill Gates as an example.

How can a common name like Bill Gates become distinctive? As stated above, a common name acquires distinctiveness if it develops a secondary meaning. When someone sees or hears the name Bill Gates they automatically think the inventor of the computer operating system, Windows. Thus Bill Gates' name has developed a secondary meaning, i.e. inventor of Windows. In addition, the name Bill Gates is associated with the origination of the product Windows and Microsoft Software. Lastly, Windows and Microsoft are sold in commerce in the U.S. and around the world. As a result, Bill Gates is a name that can be trademarked and protected from use by other individuals for commercial gain.

So when wondering if you can trademark your legal name. Consider these factors?

Have you become famous in your field?
Do you gain an income from the use of your name?
When people see or here your name, do they automatically think of a product, service or talent you offer?

If so, I would recommend that you hire a trademark attorney to possibly trademark your name. In addition, I would suggest you register your name as a domain name asap!