Q: What can I do about a company branding my unique name on their product and it is causing very bad problems for me?
My name is very unique. I can't look me up anymore. Credit bureaus can't verify me. When I try to look my name up it is now under my parents name as an alias and only shows my 2 siblings.
A:
Under trademark law, no one can register a trademark with a person's surname (i.e., last name). Companies can still use a name as a trademark/brand and simply not apply for federal or state trademark registration. If a first name is unique, then it might fall under the trademark category "arbitrary" or "fanciful." These are high on the list of a trademark's spectrum of distinctiveness protection. "Fanciful" is a made-up word or phrase with no dictionary definition, such as Exxon, and has the highest protection. "Arbitrary" is a word or phrase that has a dictionary definition that is used in the wrong context, such as Apple computers, and has the second-highest level of protection.
Credit bureaus do not adhere to trademark law, and that is a separate issue. Contact each one that you have an issue with and follow the procedures they require to confirm your identity.
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A:
If a company is using your unique name on their product, and it's causing significant problems for you, there are several steps you can take. First, consider reaching out to the company directly to express your concerns and the specific issues their use of your name is causing. A respectful and detailed communication may encourage them to reconsider their branding choices.
If direct communication doesn't resolve the issue, you might need to explore legal options. Consulting with an attorney who has experience in intellectual property law could provide clarity on whether you have grounds for a case based on trademark infringement or personal rights. Your attorney can guide you on the best course of action, such as sending a cease and desist letter or filing a lawsuit.
Lastly, to address the complications with credit bureaus and online searches, it may be helpful to document all instances where your name's misuse has caused problems. This documentation can support your case in legal proceedings and might be useful when explaining the situation to credit bureaus or other entities that need to verify your identity. Establishing a legal precedent or obtaining a court ruling in your favor could also help in correcting these issues.
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