Whether you are a solo consultant, a specialized lawyer, or a creative designer, your personal name is your most valuable asset. The question is whether that name can be federally registered as a trademark.

The answer is yes, but the USPTO has strict rules to prevent people from “owning” common names or using someone else’s identity without permission. To get your name on the Principal Register, you have to clear two major hurdles: consent and distinctiveness.

The Consent Rule

Under Section 2(c) of the Lanham Act, you cannot register a trademark that consists of or comprises a name identifying a particular living individual without their written consent.

If you are trademarking your own name, consent is usually presumed if you are the one signing the application. However, if your business entity (like an LLC) is the applicant, you must provide a separate, signed statement saying, “I, [Your Name], consent to the registration of my name as a trademark with the USPTO.”

This rule is strictly enforced. Even if you are criticizing a public figure—as seen in the 2024 Supreme Court case Vidal v. Elster regarding the “Trump Too Small” shirts—you still cannot register the mark without that person’s permission. The government’s interest in protecting an individual’s right to control their identity outweighs your desire to own the trademark for their name.

The “Primarily Merely a Surname” Refusal

The USPTO generally dislikes granting exclusive rights to last names. They don’t want one “Smith” to stop every other “Smith” from using their own name in business. If your trademark is just a last name (e.g., “Drumm” for legal services), you will likely receive a refusal stating the mark is “primarily merely a surname.”

To overcome this, you usually have to show “acquired distinctiveness.” This means proving that after years of use (typically five or more) and significant marketing, the public no longer thinks of the word as just a family name, but specifically as your brand.

A common shortcut to avoid this refusal is to register your full name (First and Last) rather than just the surname. While you still need to show the name acts as a brand, it is much easier to register “Mike Drumm” than just “Drumm.”

Acting as a Source Identifier

The most important rule in trademark law is that a mark must identify the source of a product or service. Simply having a name is not enough; you must use it in connection with a specific business activity.

If you are a photographer, your name must appear on your website, your contracts, and your marketing materials in a way that shows you are the one providing the service. If the USPTO feels you are just trademarking your name because you are “famous” but you aren’t actually selling anything under that name, they will reject the application.

The Two Paths to Approval

1. The “Secondary Meaning” Path (The Hard Way)

If your name is just a surname (e.g., “Jones Consulting”), the USPTO will reject you unless you can prove the name has acquired “Secondary Meaning.”

• Translation: You have to prove that when the public hears “Jones,” they don’t think of a person; they think of your specific business.
• The Evidence: You usually need 5 years of continuous sales, millions in revenue, or massive press coverage (like McDonald’s or Ford).

2. The “Full Name” Path (The Easier Way)

It is much easier to register a Full Name (First + Last) than just a Last Name.

• “Jones Consulting” = Likely Refused (Surname).
• “Sarah Jones Marketing” = Better chance (Specific Individual).
• The Consent Rule: If the trademark identifies a living person (you), you must sign a “Name Consent Statement” giving the USPTO permission to register it.

Plain English Explanation

Trademarking your name is like getting a legal deed to your reputation. It tells the world that when people see your name on a product, they are getting the real deal from you. While you have the right to use your own name, the government won’t let you “own” it as a trademark until you show that you are using it to run a real business and that you have given yourself (or your company) official permission to do so (along with all the other trademark rules such likelihood of confusion, use as an identifier, etc.).

The TL; DR Summary

You can trademark a personal name if you have the individual’s written consent and can prove the name identifies a specific business. Written consent is a mandatory requirement for any living person identified in a mark. Last names alone are difficult to register and often require five years of use to prove they are a brand. The Supreme Court has confirmed that you cannot trademark someone else’s name for political or critical purposes without their permission

Key Takeaways

• Full names (First + Last) are generally easier to register than surnames alone.
• Consent must be in writing and part of the public record at the USPTO.
• You must show the name is being used to sell a product or service, not just as a personal identity.