People have a right to control how their name, likeness, and identity are used. Generally, you must provide written consent to use another living person’s name, portrait, or signature in your trademark. This includes their:
- Name (full name or partial)
- Nickname, pseudonym, or title
- Signature
- Portrait or likeness
Get consent before you apply
You won’t be able to submit your application in Trademark Center until you’ve uploaded the other person’s written consent. The consent document must include:
- Statement consenting to registration
- Signature of the living person
- Date of signature
Exceptions to the consent requirement
If your trademark includes your own name, image, or likeness, we presume consent.
If your trademark includes a name or likeness that could reasonably be perceived as that of a living individual but does not actually identify a specific living individual, no consent is required.
Respond to an office action
We likely asked you to clarify whether your trademark identifies a living person because it appears to include a specific living person’s name, portrait, or signature.
We may refuse registration if:
- Your mark identifies a living person, and you don’t provide written consent
- The trademark falsely suggests a connection with that person.
See TMEP Sections 813-813.01(c) and 1206.04 for more information.
Your response to the office action must clearly state one of two things:
- Your trademark does identify a living person, and you have their written consent, or
- Your trademark doesn’t identify a living person, so you don’t need consent.
Choose the option that matches your situation and respond by the deadline in your office action.
When the name, portrait, or signature identifies a living person
You must send:
A statement that identifies the person and confirms their consent is on the record.
If the name in your trademark is a pseudonym, nickname, last name preceded by initials, first name only, or a last name only, you must identify the actual name of the person and indicate that the name shown in the trademark identifies them.
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, [full name], whose consent to register is made of record."
"The signature shown in the mark identifies a living individual, [full name], whose consent to register is made of record."
"The portrait or likeness shown in the mark identifies a living individual, [full name], whose consent to register is made of record."- A written consent, personally signed by the identified person. The name in the consent must match the name, pseudonym, nickname, or signature in the trademark.
Examples of consent language
“I, [full name], consent to the registration of my name, [specify name in the mark], as a trademark and/or service mark with the USPTO.”
“I, [full name], consent to the registration of my nickname, [specify name in the mark], as a trademark and/or service mark with the USPTO.”
“I, [full name], consent to the registration of my likeness as a trademark and/or service mark with the USPTO.”
How to submit in TEAS
- Open the TEAS response or request for reconsideration form (linked in the “How to respond” section of your office action).
- Answer Yes to question 3.
- Under the Name(s), Portrait(s), Signature(s) of Individual(s) in the Additional Statement(s) section:
- Enter the name of the person giving consent.
- Select Click here to Attach/Remove Consent(s) to upload the signed consent (JPG/PDF, max 5 MB).
When the name, portrait, or signature does not identify a living person
You must send a statement confirming that the name, signature, or portrait doesn’t identify a specific living person.
How to submit in TEAS
- Open the TEAS response or request for reconsideration form (linked in the “How to respond” section of your office action).
- Answer Yes to question 3.
- Under Name(s), Portrait(s), Signature(s) of Individual(s) in the Additional Statement(s) section, check the box next to the statement, “The name(s), portrait(s), and/or signature(s) shown in the mark does not identify a particular living individual.”