Can You Trademark a Personal Name?

What a Trademark Actually Does

A trademark protects the name, word, phrase, or symbol that helps people identify where a product or service comes from. It gives you the exclusive right to use that specific name in connection with what you offer.

In New York State, that protection matters. Whether you’re a business owner in Albany, an artist in Buffalo, or an influencer building a name in Brooklyn, having a registered trademark means others can’t profit from your identity. You can take legal action in New York courts if someone copies your brand.

Not every name qualifies, though. And when it comes to your name, there are extra hurdles to clear.

Yes, You Can Trademark Your Name in New York (But Only Sometimes)

If you’ve asked, “Can I trademark my name in New York?” the short answer is yes, but only if it meets specific requirements. The law looks at whether your name identifies the source of goods or services in the marketplace.

In other words, does your name act like a brand? If so, you may have a case.

Many entrepreneurs, content creators, and entertainers across New York try to protect their personal names. But unless your name is connected to actual products or services and recognized by others, it won’t meet the standard. You must prove the name has established a business meaning.

This applies across the state, whether you're filing from a business in Syracuse or a media firm in SoHo.

When a Personal Name Becomes Eligible for Trademark Protection

Names don’t start out as trademarks. You have to build them into something recognizable. The United States Patent and Trademark Office (USPTO) looks for a clear sign that your name carries “secondary meaning.” That means people don’t just see your name and think of a person, they connect it to what you offer.

To prove that, you need to show long-term use and strong public recognition.

That can come from:

• Consistent commercial use across New York
• Marketing efforts that tie your name to a product or service
• Media coverage or press from outlets based in New York
• Customer or follower testimonials
• Use in signage, packaging, or online platforms

Let’s say you’ve been selling handmade clothing in Rochester under your full name for five years. Customers search for your name. They follow your brand online. That level of recognition helps your application succeed.

Without that link, the USPTO may reject it, even if no one else has the same name.

Well-Known Names Have an Easier Time Getting Through

The more familiar the name, the smoother the process. If your name appears in media, draws attention on social platforms, or holds weight in business circles, the USPTO considers that strong evidence of recognition.

Celebrities, musicians, athletes, and high-profile influencers in New York often meet this threshold more quickly. A theater director known throughout Manhattan’s Broadway scene will likely have a stronger claim than someone just starting out.

Still, fame isn’t required. Visibility is. If your name shows up on storefronts, menus, product packaging, or online platforms across New York City or beyond, that visibility supports your trademark claim.

A name must clearly point to you as the source of goods or services. That’s the test the USPTO applies.

Case Example: A Personal Brand Built in New York

When a person consistently ties their name to business offerings and builds recognition in the community, that can support trademark eligibility. For instance, a fashion designer based in the Bronx may establish strong visibility by selling under their name at citywide markets, running an active website, and appearing in local fashion write-ups.

Such use, combined with customer familiarity, can satisfy the USPTO’s requirement for distinctiveness. What matters most is the connection people make between the name and the commercial activity, not fame, but identification.

This reflects the value of building brand presence across your community.

How to File With the USPTO in New York

Filing a trademark begins at the federal level through the USPTO, not directly with New York State. Still, if you live or operate in New York, there are important steps to take first.

Start by searching the New York Department of State business entity database. Confirm that no one else is using the same or a confusingly similar name for similar goods or services. Next, check for existing registrations using the USPTO’s Trademark Electronic Search System (TESS).

Once you confirm your name is available:

• Gather examples showing your name used in commerce
• Describe your goods or services clearly
• File your application online through the USPTO
• Pay the filing fee and choose a filing basis

Many applicants based in New York find that the process is more technical than expected. Choosing the right classes, identifying goods properly, and attaching the correct proof can be the difference between approval and rejection.

Where People in New York Often Hit Roadblocks

Getting a name trademarked isn’t automatic. Several barriers stop applications cold, especially for those filing without legal help. Common problems include:

• The name is too generic
• There’s no proof of commercial use
• The application doesn’t show secondary meaning
• Another party already owns a similar trademark
• The name is used in inconsistent ways

In a large and diverse market like New York, competition over naming rights is serious. When several people or businesses operate under similar names, the USPTO is more cautious about approving new filings.

These roadblocks don’t always require starting over. But they do call for a clearer brand, better documentation, or experienced support.

What Happens After You File a Name Trademark?

After you file, your application goes through a federal review. The USPTO assigns an examining attorney who evaluates everything including your evidence, the name itself, and whether your filing complies with legal standards.

If the application is acceptable, the name enters a publication phase. It appears in the USPTO’s Official Gazette, which opens a 30-day window where anyone can oppose your trademark.

If no one objects, the trademark registers.

After registration, your work continues. You’ll need to:

• Track anyone using your name in commerce across New York
• Maintain proof of ongoing use
• File renewal paperwork to keep the trademark active

Infringement can happen quietly, especially online. Monitoring your name use helps you act early before damage spreads. Our intellectual property services include strategies for keeping trademarks enforceable and visible.

Should You Hire a Lawyer to Trademark Your Name in NY?

You can file on your own, but many applicants in New York choose to work with an attorney. The process involves deadlines, document formatting, and responses to possible refusals. An experienced lawyer can help minimize delays and improve your odds.

Trademark lawyers also understand New York’s business landscape. From content creators in Brooklyn to consultants in Westchester, knowing the local market helps tailor the filing and build a stronger case.

Even more, an attorney helps defend your mark once it’s registered. If someone else uses your name or files something similar, you’ll want legal support in place.

Can You Trademark Someone Else’s Name in New York?

In most cases, no. You can’t trademark someone else’s personal name without written consent. The USPTO requires a signed statement when a living individual’s name is part of the application.

New York State also enforces a Right of Publicity law, which protects individuals from unauthorized commercial use of their name, likeness, or voice. If you try to register a celebrity name or even a private person’s name without approval, your application may be rejected or challenged.

This safeguard prevents businesses from profiting off others without permission, and it holds weight in both state and federal disputes.

What to Know About Renewing and Enforcing Your Name Trademark

Once your trademark is registered, it’s not permanent unless you maintain it. You’ll need to file renewal documents between the fifth and sixth year after registration, and then every 10 years afterward.

Failure to file on time can lead to cancellation, which leaves your name unprotected.

Enforcement is just as important. You’ll need to monitor use of your name in commerce, especially in high-traffic markets like New York. If someone uses your name or creates confusion around your brand, you may need to:

• Send cease-and-desist notices
• Negotiate resolutions
• File legal claims if infringement continues

Tools like trademark monitoring services or legal advisories can help you act quickly. Protecting your rights keeps your brand and your reputation secure in a crowded market.

You Can Trademark Your Name in New York, If You Build It First

In New York State, you can trademark your personal name, but only if it functions as a brand. That means real use in business, public recognition, and evidence to back it up. You don’t need to be famous, but your name must carry meaning tied to your work.

Whether you’re a designer in Queens or a coach in Saratoga Springs, the key is building brand recognition first, then filing smart. Your name is your business identity. If you want to protect it, start by treating it like property.

Let Horn Wright, LLP, Help You Protect Your Name in New York

At Horn Wright, LLP, we help professionals and creatives across New York secure their brand identities. Whether you're building a business around your name or trying to stop someone from using it, we can guide you through each step of the process.

To speak with a member of our legal team, reach out today. We’ll walk you through your trademark options and help you make informed decisions that protect your name.