intellectual-property trademark authorship
Register own surname as a trademark
<p>Can I legally register my own surname as a trademark? </p>

<p>Supposing my name is <strong>Jeck Galifianakis</strong>, can I sue by law all the business entities (or maybe individuals too) that hold name <strong>Galifianakis</strong> in its name or merchandise but don't posses trademark for this name? </p>

<p>Will I have right to sue them if their name is <em>Galifianakis LTD</em> or <em>Galifianakis GMBH</em> or maybe <em>Galifianakis Family LLC</em> and I hold only trademark for <em>Galifianakis</em> word?</p>

<p>What about websites and domains? Will I have priority right when resolving disputes with cybersquatters for domain <a href="http://galifianakis.com" rel="nofollow noreferrer">galifianakis.com</a> or <a href="http://galifianakis-is-shit.com" rel="nofollow noreferrer">galifianakis-is-shit.com</a>?</p>

<p><strong>UPDATE:</strong> I was suggested that I can register trademark only for certain business activity code. OK, I conduct consulting services in EEA area, is it enough to register trademark in US or worldwide? What about geographical coverage for my trademark? <strong>How to make it worldwide?</strong></p>

<p>Answers for all jurisdictions you are competent with are welcome (US, UK, EU, etc).</p>

<p>P.S. I saw <a href="https://law.stackexchange.com/q/7401/18866">this question</a> but I want quite an opposite thing. I want to prevent businesses from using my name first served, until they don't realized they have no trademark for it ;)</p>

<p>Trademarks are registered for the marketing of particular categories of products by product class codes. If you get a U.S. trademark for Galifianakis brand ice cream that will not affect all of the other Galifianakis's you have mentioned unless they start selling ice cream. If they are already selling ice cream under the Galifianakis name, you may not get your trademark. In the U.S. there are both state trademarks and federal trademarks so it is complicated.</p>

<p>You can register your last name only if it is synonymous with a specific product or service in a way that consumers would recognize the name as being closely associated with that product. <a href="https://secureyourtrademark.com/can-you-trademark/last-name/" rel="nofollow noreferrer">https://secureyourtrademark.com/can-you-trademark/last-name/</a></p>

<p>However, you can't stop someone from using their own name, just as a matter of speech. If the second person with the same last name would infringe on your right to do business, the name of the second company may have to be modified, but the last name can still be used. 
<a href="https://www.nolo.com/legal-encyclopedia/using-surname-family-name-trademark.html" rel="nofollow noreferrer">https://www.nolo.com/legal-encyclopedia/using-surname-family-name-trademark.html</a></p>

<p>There are a number of misconceptions about registering popular and personal names as trademarks. It is clear that we are surrounded by names, and that they are well safeguarded. The key to protecting such a mark is acquired distinctiveness, which, although not granting exclusive rights, makes it more difficult for others to register the mark. As a result, a distinctive surname can give a company its identity, or you can create one.</p>

<h2>Sure, what goods or services do you sell?</h2>
<p>You can't just &quot;register a trademark&quot;, you have to register a trademark in relation to the business of selling goods or services. For example, Omo is a trademark about washing powder, Intel's 'ting' is a trademark about microprocessors, Ernst and Young's logo is a trademark about business consulting services, the NFL's logo is a trademark about American football.</p>
<p>So, if you are selling something using your surname to identify that thing then you can register it as a trademark for that thing. If someone else uses your name to sell the same thing in an area where you have a trademark or uses your name in a way that could otherwise cause confusion between your goods and services and theirs, then you can sue them.</p>
<p>Further a trademark has to be more than just a word - it has to be a word in a particular style or as part of a distinctive logo.</p>
