Q: My birth name is Tia. My question is how would my name being trademarked effect my ability to use it?
My original birth name is trademarked. How would this effect my ability to use it In business? I would like to use my real name for future Business ideas and brands.
Generally speaking, trademark law does afford you additional flexibility in using your own name for your own business under the "fair use" doctrine. But you should still be mindful of any potential "likelihood of confusion" with the other brand. Also, avoid using your name in "bad faith" to deliberately deceive the public.
Consult an intellectual property attorney to how to best navigate this issue, but generally you should be okay if you use your own name in good faith with your business.
Before jumping to any confusion it is important to consider that a trademark registration has legal effects with respect to the class of goods or services covering the registration. This means that two trademarks with same name can co-exist if they are registered for different classes of goods or services. That said, it is also important to keep in mind that if you want to use your name as a trademark and personal brand, which happens to be registered unless it is for the same class of goods or services you want to promote it should not be a problem. Finally, if it comes to a point that there is a legal discussion as to the coexistence of the marks, the test is likelihood og confusion. This is whether there is a likelihood that the consumer will be confused. For this purpose many factors are considered bot only the similarity of the marks.
This is NOT legal advice.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.