Your own name as a trademark

May Milka Mulders start selling cookies?

Pleasant – Unless – like one of our colleagues – you were once in a class with a Milka, then you probably think of chocolate rather than a girl when you hear the name. In most countries you can simply register a first or last name as a trademark. We see that famous artists, vloggers and athletes often do this too. For example, Armin van Buuren, Messi and Virgil van Dijk have all had their names registered as trademarks. To start a business with it (someday). To be able to take action against people who try to profit from their fame. Or to prevent someone else from using their name and launching something unsexy like Armin acne ointment, Messi sanitary towels or Virgil, a hell of a fly swatter.

Smart move

A wise move of course. In some cases, you can also take action on the basis of a trademark registration if others try to benefit from the reputation of a well-known trademark. Even if it concerns other products or services for which the trademark is not registered.

Who is not gone, is CELINE

What it does mean is that if a name has been registered for clothing, for example, you can no longer use it for your newly established clothing company – even if that is your name. A juicy little thing that happened to Yvonne Coldeweijer, for example. She sold hoodies with CELINE on them and therefore infringed on the CELINE trademark, which has been a well-known – and registered – luxury clothing and bag trademark for almost a hundred years.

Brand screening for Milka?

Can the person who has registered a first name as a trademark also take action against someone with the same maiden name? No, luckily for Milka she can continue to use her name. A trademark only protects against the use of names in economic transactions. But could she ever plan to market (chocolate) treats? Then I hope she reads this. We will then be happy to do a free trademark screening for her.

Also free for non-classmates

Are you also planning to use your own name for a service, product or company? Let us know. Because we are also happy to see whether the trademark is available for your plans. Free of charge of course. Even if we weren’t in class together.