Safeguarding Your Personal Brand: Navigating Trade Marks and Intellectual Property Rights
Personal branding has become a hallmark of success. From Prada to Chanel to Alexander McQueen, iconic designers have stamped their names onto their creations, creating an intimate connection between themselves and their products. Now, the Sun newspaper claims Luke Littler wants to trade mark his , “The Nuke” nickname, so he can use it for his own merchandise, including soap, cologne and deodorant. As you contemplate turning your own name into a brand, it’s essential to understand the legal intricacies involved.
Can you trade mark your own name?
In the UK, the answer is generally yes—except for members of the Royal Family. The United Kingdom Intellectual Property Office (UKIPO) allows applications for trade marks that include first names, surnames, or both. However, registering your name as a trade mark doesn’t guarantee approval. Each application undergoes scrutiny to ensure it doesn’t conflict with existing trade marks.
Consider the case of Tiffany Parmar, who sought to register “Tiffany: Cotswold Lashes By Tiffany.” Despite it being her own name, the famous jewellery company Tiffany & Co. opposed her application, leading to its rejection. Even if your name is famous, like Tiffany’s, you’ll need written consent from the individual to register it as a trade mark.
But what if someone else already owns your name as a trademark?
Surprisingly, many individuals share surnames—just ask the Beckhams. While you may be unable to register your name as a trade mark, you can still use it in commerce, provided it’s not misleading and is in line with honest practices.
Yet, using your name commercially comes with caveats. Intentionally misleading consumers by exploiting your name’s similarity to a registered trade mark is a no-go. Courts have ruled such actions as dishonest attempts to benefit from another’s trade mark.
Entering commercial agreements regarding your eponymous trade mark requires caution. Take the cautionary tales of Karen Millen and Bobbi Brown. Despite founding their brands, both faced legal battles after selling their companies and attempting to use their names in new ventures. Agreements may restrict your future use of your name, so it’s crucial to comprehend their implications fully.
In order to be irreplaceable, one must always be different.
For those considering branding themselves, Coco Chanel’s words ring true: “In order to be irreplaceable, one must always be different.” Before stamping your name on a brand, conduct thorough trade mark searches to avoid conflicts. If successful, safeguard your trade mark diligently and be mindful of any agreements regarding its ownership.
Your personal brand is your legacy—protect it wisely.
How National Business Register Can Help Protect Your Brand
At National Business Register, we recognise that your brand is one of your business’s most valuable assets. Our team of IP experts can guide you through the complexities of brand protection. Whether you’re a start-up or an established business, we’re here to help you secure the unique aspects of your brand, ensuring it remains protected against imitation and misuse. Contact us to learn how we can support you in building a brand that’s not only memorable but also legally safeguarded. You can email us at info@nbrg.co.uk or calling 0800 069 9090.
Don’t leave your IP to chance – let’s protect your business together.
