CAN YOU REGISTER YOUR OWN NAME AS A TRADE MARK?

INTRODUCTION

The famous Writer Mr. William Shakespeare once said, “What’s in a name?” While poetic in literature, in business and branding, the answer is quite a lot. A name, especially when associated with quality, innovation, or heritage, can become one of a business’s most valuable assets. Think of names like Tata, Mahindra, Raymond, or even Calvin Klein. These aren’t just names, they’re powerful brands.

But can you legally use your own name as a trademark? Can you protect your first name or surname under trademark law? And what if someone else already did? Does that mean you’re prohibited from using your own name in your own business? Let’s explore how Indian trademark law addresses these questions.

YES, YOU CAN TRADEMARK YOUR OWN NAME IN INDIA

As per the Trademarks Act, 1999, names are recognized as valid trademarks provided they meet certain conditions. Earlier, under the Trade and Merchandise Marks Act, 1958, there were stricter rules that disallowed trademarking of surnames and personal names unless they had acquired distinctiveness. But today’s law takes a more flexible approach.

According to Section 2(1)(m) of the Trade Marks Act, 1999, the definition of a “mark” includes names. The section states “mark” includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging, or combination of colours or any combination thereof;”

Means that both first names and surnames can be protected if they’re used to distinguish goods or services and meet the necessary legal requirements, particularly that of distinctiveness.

Platforms like TMWala can help you determine whether your name is eligible for trademark protection and guide you through the registration process to avoid legal issues that can arise in the future.

WHAT MAKES A NAME DISTINCTIVE?

To trademark your name successfully, you must prove that your name has become distinctive. In simple terms, this means that people associate that name specifically with your products or services, and not just with you as an individual.

There are two main ways a name can gain distinctiveness:

1. Inherent Distinctiveness – If the name is rare or unique enough to stand out (e.g., Godrej).
2. Acquired Distinctiveness – If the name has been in use for a long time and has become associated in the public’s mind with your goods or services (e.g., Mahindra).

This is especially important when the name is a common surname like Sharma, Singh, or Patel. For such names, the law expects the applicant to show that the public now connects the name with a particular product or service, not just a family name.

THE LEGAL GREY AREA: WHEN TWO PEOPLE SHARE THE SAME NAME

Trademarking your own name sounds simple, but it can get complicated when someone else is already using the same or a similar name in business. In these cases, the courts look closely at intent, the nature of the business, and the likelihood of confusion.

Let’s understand this better with a few real-life examples.

1. Mahindra & Mahindra Ltd. vs. Mahindra Paper Mills

In this case, the auto and engineering giant Mahindra & Mahindra took legal action against another company, Mahindra Paper Mills, for using the name “Mahindra.”

Although both companies were using the same surname, the court ruled in favour of Mahindra & Mahindra Ltd., stating that they had built a strong brand over 50 years, and the use of the same name by another company could confuse consumers into thinking the businesses were related. The court concluded that the name “Mahindra” had become more than just a surname; it was a recognised brand and therefore deserved protection.

2. Precious Jewels v. Varun Gems

In another case, a jewellery brand named Precious Jewels, which had trademarked the surname “Rakyan,” sued Neena and Ravi Rakyan for using their own names in their business.

The Delhi High Court initially granted an injunction against the Rakyans. However, the Supreme Court overturned this decision, noting that the Rakyans were running their business honestly and using their own names, which is allowed under Section 35 of the Trade Marks Act, 1999.

This provision clearly states that you have the right to use your own name in good faith, even if someone else has trademarked it as long as you are not trying to mislead the public or ride on someone else’s brand reputation.

WHAT DOES SECTION 35 OF THE TRADE MARKS ACT, 1999 SAY?

This section is a critical part of the law and acts as a defence for individuals who want to use their own names. In simple language, it says:

“Nothing in this Act shall entitle the proprietor or a registered user of a registered trade mark to interfere with any bona fide use by a person of his own name or that of his place of business, or of the name, or of the name of the place of business, of any of his predecessors in business, or the use by any person of any bona fide description of the character or quality of his goods or services.”

This means that as long as you’re not pretending to be someone else or misleading customers, you’re allowed to use your name in business.

WHAT COUNTS AS GOOD FAITH?

To use your name in a way that’s considered bona fide or “in good faith,” you should:

• Use your name honestly and do not try to benefit from another brand’s reputation.
• Make sure that your branding (logo, colour, business nature) is not creating any kind of confusion for the customers.
• Do not try to license or sell your name to others in a way that exploits another existing brand’s goodwill.

If the court sees that your intention was to copy or confuse consumers, your defence under Section 35 won’t hold up.

TMWala can help assess whether your branding and usage align with these principles, ensuring that your application holds up in court if ever challenged.

CELEBRITY NAMES AND TRADEMARKS

Many celebrities in India, like Shah Rukh Khan, Sachin Tendulkar, and Anil Kapoor, have trademarked their names to protect their personality rights, especially to stop others from using their names in products, advertisements, or events without their permission. This helps prevent misuse and protects their personality rights. For the general public, however, unless your name is famous, trademark protection will depend largely on how you use it and whether people recognise it as a brand.

CONCLUSION

Your name is your identity, and it can be your brand’s identity too. But in business, legal identity matters. So, if you’re planning to build a brand around your name, consider trademarking it early, using it consistently, and ensuring that it stands out in the market. And most importantly, always act in good faith.

If you’re unsure whether your name can be protected as a trademark or if you’re at risk of infringing someone else’s, it’s wise to consult a trademark expert or legal advisor.

Your name might just be your biggest business asset; make sure you protect it the right way.

TMWala can help you navigate this legal landscape from eligibility checks to filing and defending your trademark.