Are there any first names that are considered to be trademarked names? (Deed Poll & Passport)
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John_Lodge
Posts: 14 Forumite
I remember reading about a woman that was refused a passport with the name 'Skywalker' as one of her middle names because her first name began with an L and she signed the form L. Skywalker.
The UK Deed Poll Service states:
Apparently there is no copyright or trademark protection from even using full names.
Nevertheless, what about the first names of singers that are widely known by their first names?
For example, Madonna Ciccone is widely known by the single name Madonna. If a woman called 'Sarah Smith' were to change her name to 'Madonna Smith', would the HM Passport Office accept the change?
Or, would Sarah end up having a passport in her current name (Sarah Smith) with an observation stating "The holder is also known as Madonna Smith".
I cannot see how it is a trademark since it is not the full name and there were people with the name before Madonna the entertainer. In fact the famous Madonna's own mother was called Madonna.
The UK Deed Poll Service states:
5. Copyright and trade mark protection of names
There is no copyright or trade mark protection of people's names. Therefore, if you want to change your name to David Beckham or Aston Martin, you can. However, you cannot use your new name if it results in passing-off or deception. For example, if you changed your name to Elton John and you published songs in that name, you will find yourself subject to trade mark infringement legal action by the artist Sir Elton John on the grounds that you are passing yourself off as him.
On a more every-day level, because there is no copyright or trade mark protection of people's names, following divorce, a man cannot stop his ex-wife from continuing to use his surname (unless his ex-wife is deceiving people or companies into believing she is still married to him).
If you are considering changing your name to a trade marked name, please read the next section.
6. Applying for a passport in a fun, temporary or trade marked name
HM Passport Office (HMPO) have introduced a policy for inappropriate and temporary name changes in passports. Under this policy, HMPO will not issue a passport in a name that is temporary or contains: a political statement, a string of words that will not normally be considered a name or a trade marked name (there are other restrictions in HMPO's policy but our own restrictions on new names mean that a Deed Poll issued by us would not be in breach of the other restrictions in their policy). However, if you provide HMPO with documentary evidence that you are using your new name for all purpose, HMPO will issue you a passport (in your current name) with an observation stating "The holder is also known as new name".
Therefore, when you apply for your new passport, you will need to enclose at least two documents you have changed to your new name to demonstrate you are using your new name for all purposes e.g. your driving licence and a utility bill. We will also enclose with your Deed Poll documentation, the suggested wording of a letter you should enclose with your passport application in support of your request for a passport in your new name.
Apparently there is no copyright or trademark protection from even using full names.
Nevertheless, what about the first names of singers that are widely known by their first names?
For example, Madonna Ciccone is widely known by the single name Madonna. If a woman called 'Sarah Smith' were to change her name to 'Madonna Smith', would the HM Passport Office accept the change?
Or, would Sarah end up having a passport in her current name (Sarah Smith) with an observation stating "The holder is also known as Madonna Smith".
I cannot see how it is a trademark since it is not the full name and there were people with the name before Madonna the entertainer. In fact the famous Madonna's own mother was called Madonna.
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There is no problem at all in using any first name you like. Madonna is a fairly common name in some countries and no reason at all you couldn't use it if you want to.
And the "UK Deed Poll Service" is not an official organisation - just a company trying to sell you a deed poll (that in most cases isn't needed at all).0 -
John_Lodge wrote: »I remember reading about a woman that was refused a passport with the name 'Skywalker' as one of her middle names because her first name began with an L and she signed the form L. Skywalker. - in the UK, not a chance.
The UK Deed Poll Service states:
Apparently there is no copyright or trademark protection from even using full names. - indeed.
Nevertheless, what about the first names of singers that are widely known by their first names? - No
For example, Madonna Ciccone is widely known by the single name Madonna. If a woman called 'Sarah Smith' were to change her name to 'Madonna Smith', would the HM Passport Office accept the change? - yes, they have no choice
Or, would Sarah end up having a passport in her current name (Sarah Smith) with an observation stating "The holder is also known as Madonna Smith".
I cannot see how it is a trademark since it is not the full name and there were people with the name before Madonna the entertainer. In fact the famous Madonna's own mother was called Madonna.
What name were you thinking of0 -
https://www.independent.co.uk/news/uk/home-news/woman-with-skywalker-as-middle-name-has-passport-application-rejected-by-home-office-9638043.html It seems the problem is not so much adding the Skywalker name but the signature not matching the name.
As the quote explains - it's about whether you are "passing off" or intending to deceive. If "Sarah Smith" was a Madonna lookalike/impersonator and rocked up to the airport in full gear and tried to blag an upgrade there might be an argument. US law might differ. There, you can trademark a name when it's also the name of your business - f'r example Blue Ivy Carter is a trademark in the US.Wash your Knobs and Knockers... Keep the Postie safe!0 -
I know there was a John B&Q in the motor sport world.
https://en.wikipedia.org/wiki/John_Batchelor_(racing)No longer a spouse, or trailing, but MSE won't allow me to change my username...0 -
There is no problem at all in using any first name you like. Madonna is a fairly common name in some countries and no reason at all you couldn't use it if you want to.
And the "UK Deed Poll Service" is not an official organisation - just a company trying to sell you a deed poll (that in most cases isn't needed at all).
Where is Madonna a fairly common name?
I am in my 40s and have traveled the world and have never met anyone in real life called Madonna. How many people in real life do you know with the name?
The name Madonna is strongly associated with one person – the singer Madonna. Although there is the religious aspect of the name Madonna, it is perfectly reasonable to assume that if one were to name their daughter Madonna then most people would think she was named after the singer.
Although it is perfectly legal to make your own deed poll, there are some places that require a more formal one which is why companies like the UK Deed Poll Service is so widely used by people.0 -
What name were you thinking of
Singers that are well known by their first names e.g Madonna, Prince, Donovan, Elvis, Cher, Björk, Enya, Shakira, Tiffany, Kesha, etc.
As far as I know, a name cannot be copyrighted or trademarked. Thus, if someone wanted to change their name to any one of the listed above, would it actually cause any problems?[link] It seems the problem is not so much adding the Skywalker name but the signature not matching the name.
As the quote explains - it's about whether you are "passing off" or intending to deceive. If "Sarah Smith" was a Madonna lookalike/impersonator and rocked up to the airport in full gear and tried to blag an upgrade there might be an argument. US law might differ. There, you can trademark a name when it's also the name of your business - f'r example Blue Ivy Carter is a trademark in the US.
You are right. So having the name 'Skywalker' as part of one's name is not actually infringing on a trademark.
I don't even think that would cause an argument; there is no copyright or trademark over an appearance. A man could quite easily dress up as David Bowie in his Ziggy Stardust ego and change his name to David Bowie.0 -
John_Lodge wrote: »Where is Madonna a fairly common name?
I am in my 40s and have traveled the world and have never met anyone in real life called Madonna. How many people in real life do you know with the name?
The name Madonna is strongly associated with one person – the singer Madonna. Although there is the religious aspect of the name Madonna, it is perfectly reasonable to assume that if one were to name their daughter Madonna then most people would think she was named after the singer.
Although it is perfectly legal to make your own deed poll, there are some places that require a more formal one which is why companies like the UK Deed Poll Service is so widely used by people.
Actually, I know no less than FIVE Madonnas - all originally from Australia! All around the same age (45-51) - and all sucessful business women with international careers.0 -
And of course there is the famous Fallen Madonna with the Big Boobies and that goes back to at least the 1940s0
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John_Lodge wrote: »Where is Madonna a fairly common name?
I am in my 40s and have traveled the world and have never met anyone in real life called Madonna. How many people in real life do you know with the name?
This is for the USA
https://www.babynamewizard.com/d3js-voyager/popup.html#prefix=madonna&sw=both&exact=false
Common from the 1900's to 1950's. Then fell off a cliff. So you'd pretty much need to be interacting with people your parents ages and older to meet one.John_Lodge wrote: »
The name Madonna is strongly associated with one person – the singer Madonna. Although there is the religious aspect of the name Madonna, it is perfectly reasonable to assume that if one were to name their daughter Madonna then most people would think she was named after the singer.
And your point is?
Many name their child after someone famous.
If you put US presidents names in the link above you'll get see plenty named to coincide with the presidents dates in office.Theodore, Howard, Calvin etc.
Well it would make them look like a stalker/obsessive perhaps?.John_Lodge wrote: »Singers that are well known by their first names e.g Madonna, Prince, Donovan, Elvis, Cher, Björk, Enya, Shakira, Tiffany, Kesha, etc.
As far as I know, a name cannot be copyrighted or trademarked. Thus, if someone wanted to change their name to any one of the listed above, would it actually cause any problems?
And if they named a child one of those names, they would likely be one of several in their class as these name fads come and go, and they'd have a lifetime of "yeh i was named after that stupid singer from decades ago dont even like the music"0 -
Actually, I know no less than FIVE Madonnas - all originally from Australia! All around the same age (45-51) - and all sucessful business women with international careers.
I knew that it was a name used before the singer Madonna, especially within religious circles. The ages of the Madonnas you know explains this as well.
As far as I know, before Madonna Ciccone there was not a famous singer, actress, etc, with the name Madonna which is why she is widely known as Madonna.unforeseen wrote: »And of course there is the famous Fallen Madonna with the Big Boobies and that goes back to at least the 1940s
I am not claiming that the name was never used before the singer Madonna, but rather that most people will associate the name with her these days.0
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