A registered trade mark gives a monopoly over the use of that trade mark for certain goods or services. There are therefore dangers in allowing the registration of a name.

It is a long established rule that a person is entitled to use his or her personal name and address, fairly and honestly without it comprising an infringement (s11(2) TMA 1994). However just because you can legitimately use your name does not mean that you can register it. Most names are common and are unable to distinguish goods or services of one undertaking from that of another and will therefore fall foul of the absolute grounds of refusal (s3(1)(b)). One option may be to add a distinctive feature to the mark such as a logo etc.

One interesting case in this area is that of Nichols plc v The Registrar of Trade Marks (Case C-404/02) [2004] ALL ER (D) 114 where the use of a telephone directory to determine how common a name was, was determined to be useless. The ECJ decided that an individual assessment needs to be made for each application looking at the marks, products, range etc.

Of course if you have an extremely distinctive name you may well be able to avoid all of the above and get the name registered as a trade mark, after all a number of celebrities have!