Name or likeness of a particular living individual in a trademark

Individuals have a right to privacy and a right to control how their name, likeness, and identity is used. If your trademark appears to include the name, signature, or portrait of a particular living individual, your trademark can only be registered with the written consent of that individual.

If your trademark includes the following, the USPTO will usually issue an office action asking if the name or likeness identifies a particular living individual and requires you to provide a written consent from that individual:

A full name (first name or initials followed by a surname (a last name)) that could identify a particular living individual.
A first name only, nickname, stage name, title, pseudonym (such as a pen name), or surname only that identifies a well-known or famous person or someone who has some public recognition under that name in connection with the relevant industry, business entity, goods, or services.
A fairly realistic likeness or portrait that could identify a particular living individual.

The USPTO may refuse registration of the trademark if either consent is not provided or the trademark falsely suggests a connection with the identified individual. For more information about these refusals, see TMEP Sections 1203.03(b)-(b)(iii), 1206-1206.05.

Examples of names or likenesses that could identify or show a particular living individual

Full name: MICHAEL DOUGLAS, J.J. ABRAMS, and DWAYNE JOHNSON
First name only: BEYONCÉ, USHER, and OPRAH
Surname only: FENTY, BECKHAM, and TRUMP
Pseudonym: ROBERT GALBRAITH, J. K. ROWLING for the writer Joanna Rowling, and RALPH LAUREN for the designer Ralph Rueben Lifshitz
Stage name: CHER, POST MALONE, and MR. T
Title: PRINCE WILLIAM, MRS. FIELDS, and UNCLE BEN’S
Nickname: THE BOSS for Bruce Springsteen, and TIGER WOODS for Eldrick Woods
Signature of a full name:

signature of professional athlete Shaquille O’Neal

(signature of Shaquille O'Neal)

(signature of Anthony Hopkins)

Portrait of an individual(s):

(portrait of former President Obama)

photograph of Chef Paul Prudhomme framed in a gold line with a banner at the bottom containing his name

(portrait of Paul Prudhomme)

Likeness of an individual(s):

white silhouette of a football player holding a football while mid-air

(likeness of Priest Holmes)

black silhouette images of Elwood and Jake, the Blue Brothers

(likeness of Dan Aykroyd and John Belushi)

For more information about these requirements, see TMEP Sections 813-813.01(c), 1206.04.

Response options and TEAS form instructions

If you received an office action, you must explain to the USPTO whether the name, portrait, likeness, or signature identifies or shows a particular living person.

When the name, portrait, or signature identifies or shows a particular living individual

You must provide the following:

A statement that identifies the living individual identified in the trademark.
If the name in your trademark is a pseudonym, nickname, surname preceded by initials, first name only, or a surname only, and a consent statement is required, you must identify the actual name of the individual and indicate that the name shown in the trademark identifies that individual.

Examples of acceptable statements

"The name shown in the mark identifies a living individual whose consent to register is made of record."

"The pseudonym, stage name, or nickname shown in the mark identifies a living individual, [specify name of individual], whose consent to register is made of record."

"The signature shown in the mark identifies a living individual, [specify name of individual], whose consent to register is made of record."

"The portrait or likeness shown in the mark identifies a living individual, [specify name of individual], whose consent to register is made of record."
A written consent to registration, personally signed by the individual identified in the trademark. The signatory’s name must match the name, pseudonym, stage name, nickname, or signature appearing in the trademark.

Examples of consent language

“I, [specify name of individual], consent to the registration of my name, [specify name in the mark], as a trademark and/or service mark with the USPTO.”

“I, [specify name of individual], consent to the registration of my nickname, [specify name in the mark], as a trademark and/or service mark with the USPTO.”

“I, [specify name of individual], consent to the registration of my likeness as a trademark and/or service mark with the USPTO.”

TEAS response form instructions for submitting the statement and written consent

Open the TEAS response or request for reconsideration form by selecting the appropriate link in the “How to respond” section in your office action.
Answer “Yes” to question 3 in the form. If there are other refusals and/or requirements you need to address, select “Yes” to each applicable question(s).
Do the following under the "Name(s), Portrait(s), Signature(s) of Individual(s)" heading in the "Additional Statement(s)" section:
1. Enter the name of the individual whose consent is being made of record.
2. Select the "Click here to Attach/Remove Consent(s)" button to upload the JPG/PDF image file of the personally signed written consent. The file cannot exceed 5 megabytes per attachment.

When the name, portrait, or signature does not identify or show a particular living individual

You must provide a statement that the name, signature, or portrait does not identify a particular living individual.

TEAS response form instructions for submitting the statement that consent is not required

Open the TEAS response or request for reconsideration form by selecting the appropriate link in the “How to respond” section in your office action.
Answer “Yes” to question 3 in the form. If there are other refusals and/or requirements you need to address, select “Yes” to each applicable question(s).
Check the box next to the following statement under the "Name(s), Portrait(s), Signature(s) of Individual(s)" heading in the "Additional Statement(s)" section: “The name(s), portrait(s), and/or signature(s) shown in the mark does not identify a particular living individual.”