The entertainment world is always buzzing when they hear that celebrities are trademarking their children’s names. An interesting question many of my clients ask: “Why would anyone trademark their child’s name in the first place?”
It’s actually more common and practical than you might think, especially for families in the public eye.
Why Trademark a Child’s Name?
When your family has significant public recognition, your child’s name can become valuable intellectual property almost instantly. Without trademark protection, virtually anyone could create merchandise, launch businesses, or develop products using your child’s name, potentially profiting from your family’s fame without permission or compensation.
By securing a trademark, parents create a legal shield that prevents others from commercially exploiting their child’s identity. This isn’t about controlling every use of a name; it’s specifically about commercial uses that might confuse consumers about endorsement or association.
How It Works Legally
Here’s what many people don’t realize: most of the time, when parents file for their child’s name, they file for it in connection with a number of different products and file based on intent to use. However, until they actually use it in connection with those products in the US, they cannot obtain a registration. At least their pending application should block or have priority over any later filers.
The trademark application doesn’t provide protection until there is actual use on a product. Once there is use on a product, the trademark for the name can be registered, and it protects the commercial value of their name from unauthorized exploitation. Think of it as setting aside and protecting an asset that will eventually belong to the child.
Not Just for Celebrities
While this issue makes headlines when celebrities are involved, similar considerations can apply to children of business owners, influencers, or families with distinctive surnames. If your family name is part of your business brand, protecting your children’s names might be worth considering.
Of course, most families won’t need to take this step. But in today’s digital world, where personal brands can develop quickly, it’s something more parents are thinking about, especially if their children develop public personas through social media or other platforms.
The Bottom Line
Whether you’re a celebrity or not, trademark protection is ultimately about preserving choice. By securing these rights early, parents ensure their children will have control over how their names are used commercially when they’re old enough to make those decisions themselves.
Have you thought about your family’s name as intellectual property? If you’re considering trademark protection for personal names or have questions about the process, we’re here to help. Call us today at (888) 666-0062 or click here to schedule your initial Discovery and Strategy Session online. Let’s ensure your family’s identity remains protected in the digital age.
DISCLAIMER: The information contained in this article is for informational purposes only and is not legal advice or a substitute for obtaining legal advice from an attorney.
