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If my trademark is rejected for consisting merely of a surname, can I do anything?

Senior Trademark Attorney

Yes, this kind of initial refusal does not mean you’re permanently barred from registration. There are several ways of responding to this kind of office action.

If the term has a well-established non-surname meaning, argue that consumers would not primarily perceive it as a surname. If the surname is very rare, present evidence of that rarity. If the mark has been in long and exclusive commercial use, evidence of acquired distinctiveness can overcome the refusal. In the interim, amending to the Supplemental Register preserves the application while the mark builds its commercial reputation toward Principal Register eligibility.

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