Can I register the name of a famous personality as a brand?
May 21, 2022 | 50,00 EUR | answered by Robert Lehmann
Dear trademark lawyer,
My name is Emilia Maier and I am the owner of a small start-up company specializing in the production of vegan foods. Over the past few months, we have invested a lot of time and energy into developing our products and are now ready to register our brand.
My question pertains to the possibility of registering the name of a famous personality as a trademark. We have chosen the name of a well-known vegan activist as she is a great inspiration to us and we believe that her name best reflects the values and visions of our company.
However, I have concerns about whether it is legally possible to register the name of this famous personality as a trademark. I want to ensure that we do not encounter any legal issues and can protect the brand permanently. Are there any possible legal restrictions or risks that we should be aware of?
I would greatly appreciate it if you could provide me with your expertise and suggest possible solutions on how we can register the name of this famous personality as a trademark without violating trademark law.
Thank you in advance for your help.
Sincerely,
Emilia Maier
Dear Ms. Maier,
Thank you for your inquiry regarding registering the name of a famous personality as a trademark for your start-up company in the vegan food industry. It is understandable that you want to effectively protect your brand and avoid legal issues. In this context, I would like to explain some important aspects of trademark law that you should consider when registering the name of the famous vegan activist.
First and foremost, it is important to know that trademark law aims to protect the rights of trademark owners and prevent consumers from confusion and deception. This means that registering the name of a famous personality as a trademark may come with certain legal restrictions, especially if this name is already protected as an individual identifier of another person.
When registering a name as a trademark, you must ensure that this name does not infringe on existing third-party trademark rights. This means that you need to check whether the name of the famous vegan activist is already registered as a trademark or if it is protected as a personal name right. If this is the case, using this name as a trademark could lead to legal conflicts.
Furthermore, you should consider that registering the name of a famous personality as a trademark could also affect the right to the person's own name. In some cases, using the name of a well-known individual as a trademark may be considered inappropriate, especially if this person has not given their consent or if using the name could dilute their right to personality.
To minimize these legal risks, I recommend conducting a thorough trademark search before registering the name of the famous vegan activist as a trademark. This will help you determine if the name is already protected as a trademark and if there are any potential conflicts with existing trademark rights. Additionally, you should consider seeking legal advice to optimize your registration strategy and avoid potential risks.
Overall, it is important that you carefully review all legal aspects when registering the name of a famous personality as a trademark in the vegan food industry and seek professional assistance to effectively protect your brand and avoid legal issues.
I hope this information was helpful to you and I am available for any further questions. Thank you for trusting in my expertise.
Sincerely,
Robert Lehmann
Trademark Attorney
