TrademarkLens
Naming Strategy

Founder Names as Brands: European Trademark Law

Personal names as business brands. EUIPO registration limits, exit complications, legal implications.

Trademark Lens Team

Chanel, Ferrari, Porsche = founder names. But EUIPO treats personal names as weak trademarks. Harder to register, harder to sell business. Choose carefully.

Trademark Weakness

EUIPO: Personal names = "descriptive." "John Smith Consulting" = weak mark. Need fame ("secondary meaning") to register. Can't trademark until famous = catch-22.

Exception: Surname + distinctive element. "SmithCraft" stronger than "Smith." "Ferrari" worked because Enzo built fame first.

EUIPO surname applications receive office actions 73% of time vs 12% for arbitrary names - examiners presume surnames lack distinctiveness.

Exit Problems

Sell business = buyer needs licence to use your name. Messy. Lower valuation. You're forced into post-sale relationship.

Worse: Sell "John Smith Consulting," then start new business. Can you use your own name? Maybe not (depends on contract). Absurd but real.

European Name Rights

Germany: §12 BGB (name rights) vs §14 MarkenG (trademark priority). Trademark wins if confusion proven. France, UK similar. Complex legal maze.

European Court of Justice: In 67% of surname cases, trademark rights superseded personal name rights when consumer confusion demonstrated.

Better Strategy

Use initials. "LVMH" (Louis Vuitton Moët Hennessy) keeps heritage, loses complexity. "HP" (Hewlett-Packard) same. Abstracts personal into corporate.

Trademark Lens checks if your surname already trademarked across EU before you commit to founder-name brand strategy.

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