Can I Trademark My Likeness?

Yes, you can trademark your likeness provided that you use it to brand your goods or services.

You can trademark your likeness in the same way that you can trademark your own name, as your likeness can be utilized to distinguish associated products and build a particular brand. If your desire is to build a brand associated with your likeness, you should not have too much difficulty securing that trademark.

You cannot trademark your likeness just to prevent its use without your express permission; there must be a commercial activity associated with your likeness in order for you to register for a trademark. The United States Patent and Trademark Office will not register a trademark simply for the sake of registration.

If you wish to prevent the unauthorized use of your name and likeness, there are other methods that are available; you should consult with an attorney to determine which one would be the best.

Further Reading:

The Trademarking Process

FAQs

What is the primary purpose of trademarking my likeness?

The primary purpose of trademarking your likeness is for commercial activities. This means that your likeness should be associated with a specific product or service for which you intend to establish a brand.

Can I trademark my likeness just to prevent others from using it without my permission?

No, you cannot trademark your likeness simply to prevent its unauthorized use. The United States Patent and Trademark Office will not register a trademark solely for this purpose. The trademark must be associated with commercial activity.

How can I prevent the unauthorized use of my name and likeness if I can’t trademark it?

There are other legal methods available to prevent unauthorized use of your name and likeness. It is advisable to consult with an attorney to determine the best course of action according to your specific needs and circumstances.


About the author
Xavier Morales, Esq.
Xavier Morales, Esq.
Founder, Law Office of Xavier Morales
Mr. Morales founded this trademark law practice in January 2007 with the goal of providing intellectual property expertise to entrepreneurs and businesses around the country. Since then, he has filed more than 6,000 trademarks with the USPTO. You can learn more about Xavier here.

Let's Protect Your Brand

Take the first step to securing your trademark today.