your name as a trademark

patentandtrademark

Can you use your real name as a trademark?  Maybe, maybe not.  What matters the most is the likelihood of confusion between your name/mark and the mark of another based on such factors as:



the degree of similarity between the marks


the intent of the alleged infringer in adopting the mark


evidence of actual confusion


similarity of products and manner of marketing


the degree of care likely to be exercised by purchasers


the strength or weakness of the marks

DeenaEsq

Craig,
 
I would say that, yes, Wendy`s Diner would be ok.  You just wouldn`t be able to refer to it in your marketing as "Wendy`s" without the Diner part.  Would an ordinary person, looking at your advertising and/or restaurant be confused as to whether your restaurant was owned or sponsored by the hamburger chain "Wendy`s".  Does that make sense?
 
Deena
_______________________________________________________
Any opinions are offered without knowledge of the specific law of your jurisdiction and with only the limited information provided in your post.  No advice given here should be reasonably relied upon by you or any third party without consulting an attorney who is aware of all of the facts and law surrounding your situation.  Any advice given here is not intended to create an attorney-client relationship in any way.
 

patentandtrademark

using wendy`s diner would get you sued - no doubt about it.  you would lose.