In Macau, personal names can be registered as trademarks, but they must meet the requirements of distinctiveness, authorization, and legal compliance. Otherwise, they may be rejected by the Macao Intellectual Property Office.
Key Considerations for Personal Name Trademark Registration
In Macau, personal names can be registered as trademarks, but there are several important points to consider:
1 Distinctiveness
The personal name must possess sufficient distinctiveness to clearly distinguish the source of goods or services. If the name is too common (e.g., Mary, John or Mr. Chan), it may be rejected by the Macao Intellectual Property Office as it's unlikely to be considered a unique trademark.
2 Authorization
If the personal name belongs to someone else (such as a private individual, celebrity, or public figure), you must obtain their consent. Unauthorized use can lead to the failure of the Macao trademark registration and potential legal disputes.
3 Legal Compliance
Not all personal names can be used simply by obtaining consent. The trademark must also comply with Macau's laws and social moral standards, meaning it cannot contain obscene, defamatory, vulgar, or racially discriminatory language.
4 Trademark Search
Before submitting an application, it is advisable to conduct a trademark search to ensure that the chosen name does not conflict with existing registered trademarks.
