In the United kingdom, Victoria and David Beckham have registered the name of their 5 year old daughter, Harper, with the United Kingdom Intellectual Property Office.  Across the swimming in the U.s., Jay-Z and Beyoncé have recently applied to annals their daughter'southward name, Blue Ivy, with the United States Patent & Trademark Office for a broad multifariousness of appurtenances and services after a failed first endeavour. But can you really protect your kid's name?

In the U.s., the respond might surprise you – yep, merely only if you use information technology as a trademark.

Why would someone desire to protect their kid'due south proper noun every bit a trademark?

When an individual or business applies for a trademark registration, they do so because they want to protect their "brand" 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 proper noun.  There is a long history of individuals protecting their names nether trademark law and preventing others from using a similar name for similar products or services. For example, Ernest and Julio Gallo accept successfully prevented others with the final proper name "Gallo" from using it in connexion with wine, fifty-fifty their own blood brother . The Kardashian Family'due south "Kardashian" brand is worth millions, if not billions. President Trump's "Trump" make is a large portion of his reported "billion dollar" self-worth.

Just considering you lot were born with a certain first or last name does non mean you tin use information technology in business organisation however you lot want. The same holds true for children. If you name your kid Beyoncé, then your child, by mere virtue of receiving that legal proper name, would not be able to kickoff a singing career using that name.

But why go through the trouble and expense of protecting your child's name? Well, if y'all're a celebrity, like it or not, there is a certain obsession in U.s.a. pop-culture with glory children. Magazines and tabloids particular every aspect of the relationship, down to pilus cuts, style and even fashion sense. To be sure, it's an odd world, just there may be a market for a celebrity child's brand of shoes, socks, toys, or any number of other items.

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

Sometimes, you just want to use your child's name in connection with a new business concern venture. For example, American businessman Dave Thomas decided to open up a fast-food restaurant and named information technology after his fourth child. Thus, "Wendy'due south" was created.

The hazard of re-create-cats attempting to have advantage of a glory child's proper name is existent – a tertiary-party individual attempted to register the name Blueish Ivy Carter NYC with the U.s.a. Patent and Trademark Role without the consent of the Carters.  This awarding was ultimately abandoned.

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

In the United States, you can only own a trademark if yous have used it in commerce. All the same, you tin can reserve rights in a trademark if you take an "intent to use" the trademark in commerce for up to three years. This allows parents like Beyoncé and Jay Z to file an application before they accept sold whatsoever product or service in connection with their child's name. Once the trademark application is approved past the United States Patent & Trademark Part, and then the Carter family business will have upwardly to three years to provide "proof of use." Every half dozen months, yet, they will accept to pay a fee to extend the life of the application.

An "intent to employ" is non merely wishful thinking that one twenty-four hour period you may use a trademark. "Intent to use" means that you can show that you have taken business steps to utilise the mark, such as establishing a business plan, reaching out to manufacturers, etc. If you file without a proper "intent to use" then the entire trademark application (and whatever resulting registration) will be VOID.

Are at that place steps that non-celebrities should have to protect their kids from an intellectual property standpoint?

If y'all are particularly enterprising or if your child has a unique skill or talent and may make money using that skill or talent, then trademark registration can make a lot of sense.  Brand sure, still, that your product timeline accounts for legal and government fees needed to file for necessary extensions.

1.       File every bit soon every bit yous can establish an "intent to use" the proper noun in commerce

As presently as yous have a business concern plan and accept started business activities related to the use of the name on appurtenances and services, file the intent-to-use application. Keep in mind, however, that this starts the clock.

2.       Monitor the USPTO website and the marketplace

Once you apply with the USPTO, yous should make sure no 1 else begins using a similar trademark for like goods and services. While you do not take a trademark until use begins, you can put potential infringers on notice of your potential rights.

iii.       Make sure that y'all exercise not miss any deadlines

Missing deadlines is fatal to a trademark registration and can be specially important when yous are reserving rights in a name. If your awarding is abandoned for missing a deadline, y'all will lose your application date and will have to start from scratch.

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

Nosotros've established why (and how) to protect the name of your kid nether trademark police force. However, intellectual property is not express to just brands. Copyright protection protects your photos, your child'south drawings, and a number of other creative "works." Whether you are putting your kid'southward face up on a new line of infant bibs, or posting their movie to your Facebook profile to share with family and friends, these come with their ain pitfalls, likewise, in today's digital world.  Many social media services can use your images in certain ways without your permission (i.e. for advertizing and more), so you should brand certain y'all know what each policy is before posting. Also, if you see unauthorized use of your photos, you should be proactive to remove the infringing utilise of your photographs and more to prevent someone else from profiting off of something you lot created.

Determination

If y'all or your child make up one's mind to use his or her proper name on specific products or for specific services, then you may want to consider protecting and registering your child's name equally a trademark. There are many pitfalls when information technology comes to protecting a name with the USPTO, only with careful consideration and proper evolution, you and your child tin benefit from trademark protection.