If you’ve ever thought about trademarking your last name for your business, you’re not alone. Many entrepreneurs want to build a brand around their family name — it feels personal, authentic, and tied to legacy. But here’s the catch: the U.S. Patent and Trademark Office (USPTO) often views last names as “primarily merely a surname.”
That means the trademark office is cautious about granting one person exclusive rights to a surname. After all, lots of people share the same last name, and everyone should have the right to use it in their business — unless one company builds such strong recognition that consumers automatically link that name to their goods or services.
So, “Can I trademark my last name?” The short answer: yes, but with some challenges. Let’s break it down.
What Does “Primarily Merely a Surname” Mean?
When deciding whether a name is “primarily merely a surname,” the USPTO considers:
Rarity – Is the surname common (e.g., Smith, Johnson) or unusual? (But the bar is set very low!)
Connection – Is the name associated with the applicant, or someone connected to the business?
Other Meanings – Does the name have a non-surname meaning (e.g., “Baker” as a profession)?
Structure & Sound – Does the mark look and sound like a surname, even if spelled differently?
Stylization – Does the logo or lettering create a distinct commercial impression?
If the USPTO finds that your mark is “primarily merely a surname,” it can’t go on the Principal Register until it has acquired distinctiveness, which takes years. Instead, it will likely be placed on the Supplemental Register, for descriptive marks (per the “spectrum of distinctiveness”), until consumers recognize the mark because of use over time.
Why Surname Trademarks Can Be a Problem for Amazon Sellers
Being on the Supplemental Register isn’t always a dealbreaker — you still get some protections. But there’s one big catch: Amazon Brand Registry does not currently accept trademarks on the Supplemental Register.
That means if your business depends on Amazon sales, relying on a surname trademark alone may not be your best option.
Options If You Want to Register a Trademark For Your Last Name
If you’d like to move forward with your surname, here are three options:
1. Apply for the Mark As-Is
You can accept some risk and file your surname as a standard character trademark, hoping the USPTO does not recognize the wording as “merely a surname.”
Our firm can conduct a trademark search (FAQ #9) to see how similar names have been treated in the past.
If your mark ends up on the Supplemental Register, you may still use it — but Amazon could eventually remove it from Brand Registry.
2. Apply as a Logo or Design Mark
By filing your surname with a distinctive logo or graphic element, you increase the chances of registration on the Principal Register based on the design elements alone. Check out FAQ #24c for more on how this works, including a table showing what’s required.
3. Choose a More Distinctive Brand Name
If you’re early in the branding process, you may want to select a name that isn’t recognizable as a surname. Distinctive marks give you stronger legal protection and long-term flexibility — especially if Amazon Brand Registry is a priority.
FAQs About Using Your Last Name as a Trademark
Q: Can I trademark my last name for my small business?
Yes, but it may face refusal as “primarily merely a surname” unless you have a distinctive logo or you can show the wording has acquired distinctiveness.
Q: Can I enroll in Amazon Brand Registry with a surname trademark?
Only by following a strategy to get your mark on the Principal Register. Amazon does not accept marks on the Supplemental Register.
Q: Is it better to trademark my surname as a logo?
Often yes. A stylized design or logo with your surname can help create a distinctive impression and improve your chances of Principal Register approval. FAQ #24c.
Final Thoughts
Using your last name as a trademark can be powerful, but it comes with legal challenges. If Amazon Brand Registry or long-term brand protection is important to your business, you’ll want to carefully consider whether to proceed with a surname, a logo version, or a new, distinctive mark.
At IdeaLegal, we help businesses navigate these trademark questions every day. We can run a surname trademark search, evaluate your chances of success, and guide you toward the best filing strategy for your business goals.
👉 Thinking about trademarking your last name? Contact us to discuss your options.