We are proud to announce our NEW community destination. Engage with resident experts and fellow entrepreneurs, and learn everything you need to start your business. Check out the new home of StartupNation Community at startupnation.mn.co

your name as a trademark

patentandtrademarkpatentandtrademark subscriber Posts: 103
edited September 2008 in Protecting Your Ideas
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


  • DeenaEsqDeenaEsq subscriber Posts: 0
    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?
    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.
  • patentandtrademarkpatentandtrademark subscriber Posts: 103
    using wendy`s diner would get you sued - no doubt about it.  you would lose.
Sign In or Register to comment.