Drawbacks of Naming a Business Brand after Name of a Person
Although there are great examples of successful businesses named after some person, for example, Tesla, McDonald’s, Hugo Boss.
However, there are some challenges too as discussed below. Personally, I am not in favor of naming a company after yourself - see the reasons below.
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There are many examples of companies, which were named after a person’ name but later rebranded to a fanciful business name, for example, Andersen Consulting changed its name to Accenture. You can consult our detailed article on this Dozro website for list of current businesses named after personal name of its founder.
Difficult to Find the Exact Brand Matching Website Domain
In the past it was easier to register domain after a person’s name. However, presently, it is very difficult to find domain for your name. The domain names against all popular names are already taken.
Difficulty in Protection of Trademark Rights
Generally, it is very difficult to protect a brand name from infringement which was named after a person’s name – unless such business trademark has become really popular and gains distinctiveness through use.
There are many examples where even a registered trade name of founder could not restrain other parties to select similar names. [RD]
For example, Siemens AG is famous international company headquartered in Munich and Berlin, Germany. URL: https://www.siemens.com/
It was co-founded by Werner von Siemens in 1847. The Siemens AG, in 2018 complained WIPO UDRP that a domain name <siemensconsulting.com> (registered by someone else) is infringement of their trademark rights.
The disputed domain was registered by Rod Siemens of the United States, and he responded that Siemens is his birth name.
As the disputed domain name was not being used in bad faith, so the judges panel decided in favor of Rod Siemens and allowed him to retain the domain name. [RD]
This case proves that business name should not be after a person’s name. Anyone else with same legal name can also register similar business name if it is in good faith – even if your business name (Siemens AG) is really popular with acquired distinctiveness.
Therefore, you should not name a company after yourself or a common name of persons, for example, Cecia, Jennifer, Robert, Sarah, Maria, Stephen. However, defending registrant’s own legal name is comparatively easier than naming brand name after names of other people.
Perception of One-Man Show
The disadvantage of naming your startup business after your own name, is that your audience will develop a perception that this business is just one man show and such perception may be detrimental in most cases.
Challenge for Flipping the Business
What would you do if you wanted to flip your business for profit? In this case, your personal name will be used by others that may be a nightmare and painful for you.
There are many examples, where personally branded businesses were sold. For example, Calvin Richard Klein established his fashion brand, Calvin Klein Inc. after his own name. But he had to sell his company to PVH Corp. in 2003. URL: https://www.calvinklein.us/
Please consider all factors before using your own name as brand name. You will not even want to sell your business in future.
In Some Countries, Personal Names are Not Registrable
In Canada, it is very difficult to get registered trademark after your personal name because it is necessary that a name should have acquired distinctiveness before getting trademarked. It is prohibited to trademark "primarily merely" a name or family name in Canada.
And practically, it becomes highly difficult to prove that distinctiveness in Canada. [RD]
Similarly, USPTO will not allow you to register surnames such as Williams, Smith, Jones, Garcia, Brown in principal register because other people also use similar surnames. You cannot even use some generic information with surname to get it approved – for Smith Shoes, Williams Store will not be approved. [RD]
However, a surname trademark will be allowed when a significant number of people recognize the business with that name. Example of already registered surnames with established distinctiveness include the McDonald’s® for restaurant services.
You can register such non-distinctive trademarks in the Supplemental Register of USPTO and wait for it to become distinctive. You can force to make the surname distinctive through advertising and digital marketing.
Examples of Companies Having Named after a Person but Later Changed to Fancy Business Names
There are many examples of companies which replaced their previous names of persons to fanciful names. For example,
Andersen Consulting rebranded as Accenture.
Philip Morris became Altria.
Jerry and David's guide was dropped in favor of Yahoo.
Joseph Nathan and Co. was rebranded as Glaxo which would later become GSK after mergers.
Confiseriefabrik Richterich & Co. Laufen was founded by Emil Wilhelm Richterich in 1930. But in 1967, it was rebranded as Ricola.
These examples suggest that you should avoid naming your business after yourself. Start your company with a unique and fanciful name.
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