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Friday, June 02, 2006
Personal names as marks
By Clint Fabiosa & Andrew Ong
Can persons’ names be used and registered as trademarks?
Persons’ names may be registered as trademarks, subject to certain limitations set by law. Marks, which consist solely of surnames or first names, are considered non-inherently distinctive.
Thus, only upon proof that through usage they have acquired distinctiveness and secondary meaning will they be protected. It must be proven that the public has come to recognize a person’s name as a symbol that identifies and distinguishes the goods or services of only one seller. Among famous persons’ names, which have become trademarks in their fields, are Ford for automobiles, Dupont for chemicals and McDonald’s for food services.
For Bisaya stories from Cebu. Click here. (June 2, 2006 issue)
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