Real People as Trademarks

ByMarkport

Your name or image can be one of your most valuable assets for your business, especially if it’s central to your brand. Trademarking your name or image helps you protect your identity, prevent misuse, and ensure that no one else can profit from your personal brand. In Australia, household names like Terry White in pharmacies, David Jones in retail, Kylie Minogue in entertainment, Greg Norman in golf, and Sam Kerr in soccer demonstrate how trademarking a name or image can strengthen and safeguard your brand.

How to Protect Your Name or Image Through Responsible Trademark Management

Trademarking a real person’s name or image requires careful consideration of legal requirements under sections 41 and 43 of the Trade Marks Act 1995. Whether you’re a small business owner or an SME building a personal brand, here’s how you can protect your name or image:

  1. Ensure Distinctiveness: For a name or image to be registered as a trademark, it must be distinctive. Names like Greg Norman (for golf products) or Kylie Minogue (for entertainment and merchandise) are distinctive because they are closely tied to a specific industry or market. In contrast, a common name like John Smith might not be considered distinctive enough for protection, especially for goods like clothing.
  2. Combine Surnames and Given Names: Using a full name, such as Terry White for pharmacies or David Jones for retail, creates a strong association between the individual and the business. This combination is more likely to qualify for trademark protection than just a surname, which may be too common.
  3. Avoid Confusion Among Consumers: Section 43 ensures that trademarks do not mislead or confuse consumers. For well-known names like Sam Kerr or Kylie Minogue, consumers may assume that the individual endorses a product or service. Without their permission, using their names could lead to rejection under section 43. However, with consent, the name can be a valuable part of your brand.
  4. Secure Written Consent for Well-Known Names: If you want to use a well-known person’s name or image, such as Greg Norman or Sam Kerr, written consent is essential to avoid legal issues. For example, using Sam Kerr’s name on soccer merchandise would require her approval to avoid misleading consumers. Similarly, using Greg Norman’s name on sports equipment without permission could cause confusion, but with consent, it can become a powerful branding tool.
  5. Use Signatures: A signature is always considered distinctive and can be registered as a trademark. Incorporating your signature into your branding, as Greg Norman might for his golf line, adds a unique element to your trademark and helps distinguish your business from competitors.

What We Offer: Comprehensive Trademark Protection and Design Services

At Markport™, we specialise in helping small businesses and SMEs protect their personal brands. Whether you want to trademark your name, image, or signature, we offer comprehensive services to ensure your identity is protected and your brand remains distinct in the marketplace.

Our services include:

  • Trademark Design and Registration: We help design and register your trademark, ensuring it meets the legal requirements for distinctiveness and avoids potential conflicts with other trademarks.
  • Trademark Management: We provide ongoing management to ensure your trademark remains protected, including renewals and any necessary updates.
  • International Trademark Protection: If your business expands internationally, we assist with trademark applications through the Madrid Protocol, ensuring your brand is protected in multiple countries.

Conclusion

Trademarking your name or image is a key step in protecting your personal brand and ensuring that your identity remains exclusive to you. Following the example of well-known Australians like Terry White, David Jones, Kylie Minogue, Greg Norman, and Sam Kerr, you can ensure that your name or image is safeguarded from misuse and remains a powerful asset for your business.

For expert advice on how to trademark your name, image, or signature, visit our contact page to get started.