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What do Santa Claus, Jedward and David Beckham have in common?

What do Santa Claus, Jedward and David Beckham have in common?

Yes you guessed it, their names are all registered trade marks.

Using your personal name as a trade mark

Just like any other type of business name, mark or logo, if your personal name is distinctive and capable of identifying your goods or services from those of your competitors, then it can potentially be registered as a trade mark. Your name may not be distinctive per se but it is possible for it to acquire distinctiveness over time because of your continued use of it in relation to your goods or services. What you need to show is that consumers associate YOUR name with YOUR goods and services.

Does this mean that I can prevent anybody else from using my name?

No. A trade mark is only registered against particular categories of goods and services and only gives you protection in the course of trade.

So, for example, if I registered Josh Little against legal services and you called your new baby boy Josh Little, I could not then deprive the bundle of joy his name. However I could, in theory, prevent other Josh Littles trading as lawyers under their name.

Now, that's an idea……

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