Baby names and trade marks have been in the news recently! A British couple welcomed their son on May 4th in 2017 which is known as an unofficial annual Star Wars day for its connotations to “May the force be with you” (May the fourth).
They named their son Loki Skywalker Mowbray and when they went to register his passport in the UK for an upcoming trip it was denied. The reason? The passport office said it was in breach of the registered trade mark “Skywalker” owned by Disney. They were told they needed permission from Disney before they could proceed with their passport application.
As it turns out, the issue was rectified and the family were eventually granted a passport for travel (you can read more here).
This follows a similar story out of the UK when a mother tried to get her daughter “Khalessi” a passport. She was also advised it was a breach of the trade marked name (from Game of Thrones fame) owned by Warner Brother’s before this issue was also eventually resolved (you can read that story here)
While most business owners consider trade marking their business name, have you ever wondered if you can trade mark your own name? Let’s explore this further below.
Katy Perry and Katie Perry
Katie Jane Taylor, an Australian designer who sells clothing under her maiden name Katie Perry, launched Federal Court proceedings against pop star Katy Perry (Katheryn Elizabeth Hudson) in October 2019 for her range of clothing she released.
In court documents, Katie Taylor said she had used the brand Katie Perry to sell clothing since about November 2006 and registered the trade mark in Australia in September 2008.
In a written defence for Katy Perry at the time, lawyers admitted the Katy Perry brand is “deceptively similar” to the Australian designer’s trade mark but denied infringing it. They said the performer used her name in good faith, which is a defence under the Trade Marks Act.
The Federal Court of Australia in 2023 decided in favour of Katie Taylor. Taylor said after years of limbo and concerns that she could lose her trade mark and business, she can now go back to focusing on the future.
However, Katy Perry’s legal team appealed the Federal Court of Australia’s decision. In an interview with A Current Affair, Katie Taylor shared she was “reeling” over the pop star’s decision to appeal. Check out the ACA episode below:
Trade Marking a Name in Australia
In Australia you can trade mark your own name as long as it’s linked to goods and services which are easily distinguishable by your name. An example of famous Aussie names that are trade marked are:
- Dick Smith
- Steve Irwin
- Kylie Minogue
- Don Bradman
Celebrities are a good example of being able to trade mark their own names when commercialising goods & services. This is because the goods and services offered by them are easily distinguishable in the marketplace thanks to their well known name.
Note – If your name is very common it may be hard to successfully obtain trade mark registration. It’s always best to seek legal advice first before filing trade mark registrations.
