Preface
This brief note is not legal advice and is for educational purposes only.
Trademark – So you’ve got a great idea for a trademark and it involves using a name of a living person, a likeness or portrait, a signature, a stage name, a nick name, or a pseudonym of perhaps yourself. Well, the USPTO (US Patent and Trademark Office) is likely to say – not so fast. (See TMEP 813: Consent to Register by Particular Living Individual Whose Name or Likeness Appears in the Mark)
The TM Office is particular about such use and will often require permission from the individual.
Here’s some language that you can use for such a consent form.
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
CONSENT OF LIVING INDIVIDUAL
The name, portrait, and/or signature shown in the trademark application identifies a living individual whose consent to register is hereby made of record. I consent to the use and registration of my name, nickname, stage name, portrait, and/or signature of, _[insert living individual name here]________ as a trademark and/or service mark with the USPTO.
Signature: __[living individual signature here]______________
Name: __[living individual name here]_________________
Date: __[date signed]_____________________________
Conclusion
Properly done you might just be able to us an individual’s name and/or likeness (even your own) in a trademark/service mark. Consulting an attorney is advised.
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