Many entrepreneurs choose to name their business after themselves. In certain industries, a personal name can lend credibility and build client trust in ways that a coined brand name may not. That said, this decision carries legal and commercial implications that are worth understanding before committing.

Trademark Registration Considerations

Under U.S. trademark law, a surname on its own is generally not registrable on the Principal Register. The USPTO’s position is that common surnames, shared by many people, do not inherently identify a single commercial source.

To get a surname on the Principal Register, you have to prove that consumers have come to associate that name specifically with your business, not just with you as a person, but as a reliable indicator of the source of particular goods or services. That typically means years of continuous use, substantial advertising, and documented sales. For a new or growing business, that can be a high bar.

Full name combinations — first and last together — are easier to register if the pairing is distinctive enough. But even then, you’re starting from a weaker position than a business that built its brand around a coined word or a distinctive phrase from day one.

Selling a Business That Bears Your Name

When a business built around a personal name is sold, ownership of that name in connection with the relevant goods or services is typically transferred to the buyer. The buyer acquires that right as part of the transaction.

Non-compete and non-use provisions in acquisition agreements commonly restrict sellers from using their own name in competing businesses for a defined period. Restrictions of three to five years covering the same industry are fairly standard, and some agreements extend further depending on the sector and negotiation. Kate Spade and Paul Mitchell are frequently cited examples. Both faced restrictions on using their names in new ventures after selling their respective brands. Kate Spade’s follow-on line launched under the name “Frances Valentine” as a result.

Sellers can negotiate carve-outs for activities such as personal consulting, speaking, or work in unrelated sectors. Those concessions are generally reflected in the transaction value, so it’s worth identifying them early in the process and being deliberate about what matters most.

Practical Considerations

Personal name branding works well in many industries, and the considerations above are not arguments against it. They are factors worth considering and addressing proactively.

A few approaches that may be helpful:

File for trademark registration early. Trademark distinctiveness builds over time through documented use. Starting the process at launch and keeping organized records of advertising, sales, and market recognition establishes the foundation for a stronger mark.

Consider a hybrid mark. Pairing a personal name with a distinctive word or design element can make registration more straightforward and create some separation between the individual and the brand.

Address name rights in your entity’s governing documents. If the business has multiple owners or may eventually be sold, specifying how the name can be used, licensed, or transferred before those events arise is worthwhile.

Think through exit terms in advance. Reviewing the scope of proposed name restrictions before entering acquisition discussions gives you more room to negotiate carve-outs that matter to you.

Using a personal name as a brand has real advantages, particularly in fields where individual reputation drives business development. Understanding the trademark and contractual dimensions of that choice and structuring things accordingly from the start puts you in a better position regardless of where the business goes.

If you have questions about personal name branding or are working through a related transaction, we are happy to help you think through the options.

Contact us to schedule a consultation.