Registering a Personal Name as a trade mark In Australia: What Founders, Influencers And Public Figures Need To Know

Can I register my personal name as a trade mark?

The issue of personal trade marks is becoming increasingly relevant as a result of the burgeoning world of social media influencing where individual identity is paramount.  However, registering a personal name as a trade mark isn’t limited to the digital landscape – it’s an important issue that sole traders, business founders, entrepreneurs, artists and public figures need to know about.

This article covers all aspects of personal brand trade marks including:

• Reasons to register a trade mark for a name
• Eligibility criteria
• Benefits of trade mark registration
• Common names vs famous names
• Who should own the trade mark

Registering a personal name as a trade mark in Australia – is it even possible?

The short answer is yes.  IP Australia will accept any name for trade mark registration provided it is sufficiently distinctive, that it enables customers to identify nominated goods/services as belonging to the trader and that it meets all other legislative requirements.

Reasons why someone would want to trade mark a personal name

A registered trade mark is the typically the best way to get exclusive and legally enforceable rights to a brand.

An individual would look to trade mark their personal name if that name distinguished their business, products or services from any other trader in their market.

Well-known celebrities may want to protect their brand through personal trade mark registration to claim exclusivity and deter copycats and unscrupulous operators riding on their coattails.  Likewise, public figures who have built a strong reputation in their field of expertise may want to register their name as a trade mark in order to capitalise on that public recognition.

In today’s rapidly evolving digital world, the explosion of content creators vying for attention and misuse of AI adding a very real threat to the mix, it’s understandable why there’s a strong interest from individuals looking for brand protection through a personal name trade mark.   We’re certainly seeing an increasing number of social media personalities and influencers such as YouTubers, fashion and lifestyle commentators looking to register their names as trade marks to protect their turf, defend unauthorised use of their brand identities, sell branded merchandise and secure endorsements with third parties.

Eligibility of a personal name for a trade mark

As with any other identifier such as a business name, logo, slogan, aspect of packaging, sound or even smell, a personal name has to be sufficiently original and distinctive in order for IP Australia to consider it for trade mark registration.

Uncommon names are more likely to be considered for trade mark registration.  Whereas common names (e.g. John Smith) may receive objections from the trade mark office as other persons named John Smith may need to use their name for similar goods/services.

As is the case with all trade marks in Australia, the scope of registration is limited to specific classes of goods or services nominated in the registration application – and therefore you can have the same trade marks registered, provided they are for different areas of operation and not likely to cause confusion or conflict.  If you do intend to register a name, it is imperative to make carefully considered choices of classes in order to safeguard your name effectively.

Individuals who have built a reputation for their personal name over time which has made it possible to distinguish their brand over another may be able to register their name as a result of this fame and recognition.  It is important to consider whether your personal name is indeed used ‘as a trade mark’ – e.g. is your name a brand? Does it service to tell consumers when they purchase your products or services that it did indeed come from you?

A further note, for well-known names, if a person files an application seeking to register a well-known name, they may require consent from the well-known person. Otherwise, it would be deceptive for someone else to hold that right. An example would be, a small business operator opening a shop selling clothing and then deciding to call that shop “Kylie Minogue Clothing” – this name would automatically imply an association with the well-known person Kylie Minogue. As such, Ms. Minogue’s consent would be required for another party to register a trade mark featuring her name.

A comprehensive availability and infringement Australian trade mark search will identify any conflicting trade marks, ensure your name meets registration requirements and will consider whether any other party has unregistered rights that may be problematic.

The benefits of registering a personal name as a trade mark:

• A trade mark is a commercial, tradeable and valuable business asset.
• A personal name trade mark provides exclusive ownership rights over that name for specific classes of goods and services. However, enforcement can be complicated if another person uses their actual name in good faith.
• Registering a name as a trade mark will provide robust legal protections for your personal brand identity.
• When you register a personal name as a trade mark, you not only protect your personal brand from infringers, you also protect your customers from being confused by someone (either wittingly or unknowingly) using the same or very similar brand.
• A trade mark will make it easier to claim authority on social media platforms and digital networks because they generally prioritise holders of registered trade marks.

Common name trade marks vs famous names

Just as common or non-distinctive names like John Smith are likely to be rejected, if you share a name with a famous person, it’s unlikely that you will succeed in registering it.

There are always exceptions however, with a case in point being the long-running legal battle between Sydney businesswoman, Katie Jane Taylor (nee Perry) and global megastar, Katy Perry.   The 17-year seesawing battle of the Katie/Katy Perrys ended in March 2026 when the High Court of Australia finally ruled in favour of the clothing designer.

The final judgement attested to the fact that regardless of the size, scale and scope of a brand, that brand’s legal rights will stand up to scrutiny when tested in a court of law if it has the appropriate trade mark protections. The “Perry” dispute has gone on for YEARS, and, has a lot of complexities, so it is very much an exception to the rule. Whilst we hope this will set good foundations for others seeking to use their own names as their brands, if you are considering doing so, when there is already a famous person with that name in the market, we do encourage seeking advice.

Personal name trade marks – who should own them?

Firstly, Australian trade mark legislation dictates ‘who’ as the right to file a trade mark application. If the application is for a brand/name already in use, the right to file lies with the first user. Often this may be an individual who later registers a company. As an individual and their company are 2 separate legal persons, unless proper arrangements to transfer ownership of unregistered trade marks have been made, the initial application may need to be filed by the individual’s name and then transferred to the corporate entity. If the brand/name is not in use, then typically the right to apply vests in the legal entity that intends to use the brand – whether that’s an individual or a company.

Many people don’t fully understand the commercial value of a trade mark and as a result, they don’t future-proof the asset in terms of ownership.

A registered trade mark can be sold, licensed, assigned to another party and used as collateral to attract investment or funding.  This makes it a valuable tradeable asset – and ownership of that asset should be carefully considered when filing for registration.

For example, if you’re a sole trader, you may register the trade mark in your name.  However, it may be beneficial to then transfer to an alternative legal entity such as a company to own the asset to make future licensing of the mark as well as any future expansion or restructuring of the business more cost-effective.

Remember it may there may be a cost to transfer ownership, and, for a brand that has acquired reputation or goodwill in the marketplace, there could even be tax considerations to transfer the ownership,  so it is a good idea to get qualified advice from not a trade marks attorney and your accountant upfront so that you make the correct commercial decisions for your brand.

Another key question to ask yourself is how you will protect yourself from legal liability should you shift to a new line of business.  Again, it is always advisable to seek an expert opinion on risk management and mitigation when setting up a brand identity.

Key takeaways

• It is only possible to register a personal name as a trade mark in Australia if that name meets the legislative requirements
• Registering a name as a trade mark can be a valuable commercial decision to safeguard your brand, take legal action against infringers and grow your business
• Careful consideration should be given to trade mark ownership

Mark My Words Trademark Services can assist with all aspects of trade mark search, application and registration – as well as with ongoing maintenance and management of a trade mark portfolio.  Contact our friendly team through the website or give us a call on 03 8288 1432 for an obligation-free chat.