Q: Can someone, a business trademark my last name as a business name? Just saw my name online as a business name. Yoassi
Here is the article or document that offers details about the trademark. My last name is not common in the US nor around the world, I wonder how they got it and trademarked it.
A: Are you talking about given name or surname. Under US trademark law, a mark which is “primarily merely a surname” cannot be protected as a trademark without proof that it has “acquired distinctiveness.” A mark is considered to be “primarily merely a surname” if its primary impact or impression on the purchasing public is that of a mere surname and not a trademark. You should work with an attorney if you want to challenge it.
Thomas James and Marcos Garciaacosta agree with this answer
A:
Almost anything that is not already registered can be used as a trademark, and be registered if it meets the criteria for registration.
You need to contact an attorney.
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