When a surname can be registered as a trademark

Description

Abstract: Family businesses often like to use their surname as a mark for their products and services, whether as a point of pride or simply because they feel the name is memorable. These businesses can run into obstacles, though, when it comes time to register trademarks with the surname. This article summarizes a prolonged court battle over one such mark showing how problems can arise — and how businesses can overcome them. A short sidebar discusses why the opposers’ First and Fifth Amendment claims also failed. Schlafly v. St. Louis Brewery, LLC, No. 17-1468, Nov. 26, 2018, Fed. Cir.