Interview: What is my trade mark?

 Some information on marks comprising surnames:

In order to be registered, a trade mark must be capable of distinguishing the goods or services of the applicant.  

One of the main criteria is whether other traders are likely, in the ordinary course of their business and without improper motive, to need to use the same or similar trade mark in relation to their own goods or services. The Trade Marks Office is reluctant to grant a monopoly in words which other traders may legitimately need to use to describe their own goods or services.  

If the application is to register a common surname (in plain letters), the application may encounter a distinctiveness objection from the Trade Marks Office and it may ultimately be necessary to file evidence of use to overcome the objection.  This depends on how common the surname is.  

The prospects of avoiding or overcoming an objection may be avoided or reduced if the surname is accompanied by or combined with other unique words or symbols. However, you should keep in mind that your trade mark registration is for the trade mark as a whole. A composite mark (comprising the surname and other unique words or symbols) will enjoy a narrower scope of protection than, for example, a single word mark.