Surnames, Trademark Protection Of (law) and Kisarazu car rental (tourism)

Surnames, Trademark Protection Of (law)

Trademarks consisting of a persons own last name are generally not protected under trademark law unless the mark has acquired secondary meaning. In some instances, a name may not require secondary meaning in order to receive protection. That occurs when the surname also describes some Other thing, such as BIRD, KING, or FLOWERS. Courts have taken two different approaches in analyzing whether or not a surname has a meaning different enough from a last name so as not to require secondary meaning. One view requires secondary meaning when the marks primary meaning is as a surname, while the Other view requires secondary meaning when the marks only likely impact is as a surname. If the name does not describe some Other thing, it can still receive protection without secondary meaning if the mark is not perceived as a surname, even if the only true meaning of the word is in fact as a surname. However, even if a surname is rare in the public at large, but the relevant consuming public primarily conceives of the name as a surname, it cannot be protected without secondary meaning. Furthermore, when a surname is used in conjunction with arbitrary or fanciful components, then the mark can be registered and protected under trademark law without proof of secondary meaning. However, such protection will be weak with respect to the surname component alone.

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