March 18, 2011
The news that the founder of the website ‘wikileaks’ has applied to register a trade mark for his name has surprised many people given his association with freedom of speech and information.
Registering a trade mark creates a limited monopoly over that name so that only the trade mark owner is permitted to use it for the goods and services for which it is registered. This can benefit business owners who can use their trade mark to set themselves apart from their competitors.
It is possible to register a first name and a surname as a trademark. However, there are criteria that must be satisfied in order for the mark to be accepted for registration.
First, the applicant must intend to use the mark in connection with a business and it can only be registered for use in connection with specified goods and services.
Next, the name must not be so common or widespread that it is incapable of operating as an indication of origin for the goods and services in question. So, the name John Smith is unlikely to be granted to any particular applicant as it would be unfair to grant a monopoly in a common name and also because the name is not distinctive enough to make the public think of only one particular business.
Given the unusual nature of the name Julian Assange, it is likely that this application may be granted.
For further trade mark advice, please consult a solicitor or agent specialising in this area.
