In the Great britain, Victoria and David Beckham have registered the name of their v year onetime daughter, Harper, with the United Kingdom Intellectual Belongings Function.  Across the pond in the United States, Jay-Z and Beyoncé have recently applied to annals their daughter's proper noun, Blueish Ivy, with the United States Patent & Trademark Role for a broad diverseness of appurtenances and services after a failed first attempt. But can you really protect your kid'due south name?

In the United states, the answer might surprise you lot – yes, just merely if you utilize it as a trademark.

Why would someone desire to protect their kid's proper name as a trademark?

When an private or business organization applies for a trademark registration, they practise so because they want to protect their "make" or something that uniquely identifies their products or services.  This can be anything from a brand name, to a logo, to a slogan, to…a name.  There is a long history of individuals protecting their names under trademark police force and preventing others from using a similar name for like products or services. For example, Ernest and Julio Gallo have successfully prevented others with the concluding proper noun "Gallo" from using it in connection with wine, even their ain brother . The Kardashian Family's "Kardashian" brand is worth millions, if not billions. President Trump's "Trump" brand is a large portion of his reported "billion dollar" cocky-worth.

Simply because you were built-in with a certain first or terminal name does not hateful you can use it in concern however you want. The same holds true for children. If you proper noun your child Beyoncé, and so your child, by mere virtue of receiving that legal name, would non be able to start a singing career using that proper noun.

But why become through the trouble and expense of protecting your kid's proper noun? Well, if you're a celebrity, like it or not, at that place is a certain obsession in U.s.a. pop-civilization with celebrity children. Magazines and tabloids item every aspect of the relationship, down to hair cuts, style and fifty-fifty manner sense. To be sure, it's an odd earth, but in that location may be a market place for a celebrity child's brand of shoes, socks, toys, or any number of other items.

There is also the possibility that your kid, celebrity or not, has a special talent or ability that he or she may exist able to brand money from. In the age of five-year old fashion bloggers and infant YouTube celebrities, it is possible that your child's name is being used to make money and should exist protected from copycats trying to trade off the recognition of the child's proper noun. A parent may consent to the registration on behalf of a minor kid.

Sometimes, you just want to utilise your child's proper name in connection with a new business venture. For example, American businessman Dave Thomas decided to open a fast-food eating house and named it afterwards his fourth child. Thus, "Wendy'due south" was created.

The risk of copy-cats attempting to have advantage of a celebrity child's name is real – a third-party individual attempted to register the proper name Blue Ivy Carter NYC with the The states Patent and Trademark Office without the consent of the Carters.  This application was ultimately abased.

How can someone protect a child's name for future utilise when there's no immediate plans to use it in commerce?

In the United States, you can only own a trademark if yous have used information technology in commerce. Nevertheless, you can reserve rights in a trademark if you have an "intent to utilize" the trademark in commerce for upwardly to three years. This allows parents like Beyoncé and Jay Z to file an awarding earlier they take sold any product or service in connexion with their child's name. One time the trademark awarding is approved by the U.s. Patent & Trademark Office, and then the Carter family business will accept up to 3 years to provide "proof of utilize." Every vi months, nonetheless, they volition have to pay a fee to extend the life of the application.

An "intent to apply" is not only wishful thinking that one day you may use a trademark. "Intent to utilize" means that you can testify that you have taken business steps to use the mark, such every bit establishing a business programme, reaching out to manufacturers, etc. If y'all file without a proper "intent to use" then the entire trademark application (and any resulting registration) will exist VOID.

Are there steps that non-celebrities should take to protect their kids from an intellectual holding standpoint?

If yous are particularly enterprising or if your child has a unique skill or talent and may make money using that skill or talent, and so trademark registration tin brand a lot of sense.  Make certain, however, that your production timeline accounts for legal and regime fees needed to file for necessary extensions.

ane.       File as soon every bit you can establish an "intent to use" the name in commerce

Every bit soon as you have a business programme and have started business activities related to the utilise of the name on goods and services, file the intent-to-use application. Proceed in mind, all the same, that this starts the clock.

2.       Monitor the USPTO website and the marketplace

One time you apply with the USPTO, you lot should make certain no 1 else begins using a like trademark for similar goods and services. While you practice not have a trademark until use begins, you can put potential infringers on notice of your potential rights.

3.       Brand certain that you practise not miss any deadlines

Missing deadlines is fatal to a trademark registration and can be particularly important when you are reserving rights in a proper noun. If your application is abandoned for missing a deadline, you will lose your awarding appointment and volition have to start from scratch.

Don't Forget About Other Forms of Intellectual Property, Similar Your Photos

We've established why (and how) to protect the proper noun of your kid under trademark law. Withal, intellectual holding is non limited to simply brands. Copyright protection protects your photos, your child'south drawings, and a number of other artistic "works." Whether you are putting your child's face on a new line of babe bibs, or posting their picture to your Facebook contour to share with family and friends, these come up with their own pitfalls, as well, in today'south digital world.  Many social media services tin can employ your images in certain ways without your permission (i.e. for advertising and more), so y'all should make sure you know what each policy is earlier posting. Likewise, if you come across unauthorized use of your photos, you should be proactive to remove the infringing use of your photographs and more to prevent someone else from profiting off of something you created.

Conclusion

If you or your child decide to apply his or her name on specific products or for specific services, then you may desire to consider protecting and registering your kid'due south name as a trademark. There are many pitfalls when it comes to protecting a name with the USPTO, but with careful consideration and proper evolution, you and your child can benefit from trademark protection.