Question: Can I protect my personal name as a
trademark to stop others from using it?
Answer: The term "trademarks" is used to generally cover marks that
identify goods and products, while "service marks" is used for terms that
identify services. As such, a personal name used as an identifier of goods
and/or for services, can possibly be protected as a federal or state
trademark or service mark.
A quick search at the United States Web site at www.uspto.gov can easily
identify some famous names having federal registrations. For example,
Tiger Woods, Billy Joel, Calvin Klein and Michelle Valentine have been
protected as federally registered trademarks and service marks. The names
clearly show use of registered trademarks and service marks as identifiers
of goods and services ranging from clothing to seminars.
Federal trademarks/service marks are examined by the United States Patent
and Trademark Office, which can be reached at www.uspto.gov, and application
for either can be made in one of two different ways. An "intent-to-use"
application will allow the trademark/service mark to be reserved for future
use, when the actual use must be accomplished in order to get registration.
An "in-use" application allows for stating an earlier first use anywhere and
first use in interstate commerce. The minimum government fee for applying
for a federal trademark/service mark is $325 per class of use. There are 42
classes of use describing the product or service being protected.
The state of Florida also allows for protecting goods and services through
trademarks and service marks. However, Florida's coverage is limited to
within the state of Florida, and can only be applied for if the work is in
use. In Florida, the government fee is $87.50 per class of use, and can be
applied for through the Florida Division of Corporations.
The symbols "SM" and "TM" can be used with or without applying for either a
federal or state trademark. Generally, the symbol TM is used to designate
goods and products with the trademark such as an identifier for clothing.
The symbol SM is generally used if the business is marketing services such
as pest control. The symbol of ® can only be used if the federal government
has allowed a trademark or service mark to become registered.
Additional information on patents, trademarks, and copyrights, as well as
basic product marketing is available at the UCF Small Business Development
Center workshop scheduled for Aug. 27, 5:30-9 p.m. For information and to
register call 407- 823-5554 or visit www.bus.ucf.edu/sbdc.
Brian S. Steinberger
Registered Patent Attorney
