Yes, it’s true. A person can trademark his own name. It has been reported by newsfeed.time.com and many other sources that Governor Sarah Palin applied for the trademark “Sarah Palin” and her application was rejected. There is a very simple explanation for this.

When a person’s name is the trademark, a written consent needs to be included in the application. Sarah Palin did not include this written consent.

So, while the news is hyped up about her not getting her trademark accepted, this is a mere technicality that occurs to over 80% of all trademark applications filed. It can be corrected and then, will continue on it’s way through the regular examination process.

If a person wants to use his or her name for a trademark, he has to have it used in commerce. One cannot simply trademark his name for the heck of it. There must be a bona fide intent to use the name in commerce, in connection with goods or services. Of course, if the name is already in use, that is fine, too.

Many superstars have trademarked their names: Tina Turner (for clothing, music, posters, entertainment services),  ‘Madonna’ (for clothing), and David Letterman (for entertainment services, t-shirts, mugs) to name just a few. And more and more famous name are being protected with a trademark every day.  It’s smart business.

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