April 2, 2026

Hello Reader,

Most founders assume famous names are off-limits.

You can’t use them.
You can’t trademark them.
They’re already “taken.”

But U.S. trademark law doesn’t work that way.

In many cases, famous names are actually available.

For example, you’ll find trademarks based on:

• historical figures
• long-deceased individuals
• well-known names from the past

So the real question isn’t:

“Is this name famous?”

It’s:

“Will consumers think this brand is connected to that person?”

That’s where things get more complicated.

In fact, you can find examples of both outcomes.

Some trademarks based on historical or well-known names have been successfully registered.

Others have been refused when the name created a strong association with a particular person or legacy.

That’s because the outcome doesn’t depend on the name alone.

It depends on how consumers are likely to interpret it.

Under U.S. trademark law, a few key rules come into play.

If the person is living, you generally need their written consent to register their name.

If the person is recently deceased, similar issues can arise—especially if their estate is still actively managing their name and likeness.

But even when those restrictions don’t apply, there’s still an important limitation.

If consumers would assume your brand is:

• affiliated with that person
• endorsed by that person
• connected to their legacy

the application can still be refused.

This is known as false association.

And it comes down to perception—not just availability.

This creates a distinction that many founders miss.

There’s a difference between:

A name that is available

and

A name that is protectable

Those are not the same thing.

And this is where I’ve seen a lot of costly mistakes happen.

A founder finds a name that feels strong.

It’s recognizable. It has meaning. It stands out.

It even looks “available” in a quick search.

So they move forward.

Build branding.
Buy domains.
Invest in marketing.

Only to find out later that the name runs into issues during the trademark process.

At that point, the cost isn’t just the filing.

It’s everything built around the name.

After helping register over 7,500 trademarks, I’ve seen this pattern play out more times than most founders expect.

The brands that move forward smoothly are usually the ones that:

• are distinctive
• are not tied to existing fame
• and clearly function as source identifiers

That doesn’t mean you can’t use a well-known name.

But it does mean the decision should be made carefully—before you build around it.

Because the real question isn’t:

“Can I use this name?”

It’s:

“Can I protect this name once I do?”

Founder takeaway

Fame alone doesn’t block a trademark.

But perceived connection can.

If you're thinking about filing a trademark, this is exactly where mistakes like this usually start.

Recent trademark registrations this week

Congratulations to these founders whose trademarks were successfully registered by our firm this week:

All the best,

J.J. Lee and the Trademark Lawyer Law Firm Team

P.S. If you are considering filing a trademark and want to understand the safest strategy, you can review the filing options here:

​Trademark Registration Options Here​

If you know another founder who is building a brand, feel free to forward this email to them.

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