Name Trademarks: Legal Rights, Ownership, and Divorce Risks
Brooklyn Beckham and the Legal Drama Behind Name Rights
The recent comments by Brooklyn Beckham, alleging that he was pressured to sign away commercial rights to his name, have raised timely legal questions about how personal names can become business assets. In today’s world of celebrity branding, luxury fashion houses, and influencer economies, a name is often more than just a personal identifier—it’s intellectual property. The Beckham family case illustrates how names can be protected through trademark law and treated as divisible property in marriage and divorce. This article explores the legal framework behind a name trademark, how these rights are acquired and enforced, and the financial and strategic implications of transferring or losing control over your own name.
Why Personal Names Are Valuable Under Trademark Law
When a personal name becomes associated with a product or service, it gains commercial meaning. This transformation allows names to function as trademarks, which can be registered, licensed, sold, and enforced like any other intellectual property. Fashion designers such as Ralph Lauren, Thierry Hermès, Karen Millen, and Jo Malone have all built globally recognized brands using their personal names. Similarly, celebrities like Beyoncé, Jay-Z, and Lionel Messi have protected their names to safeguard brand value and commercial opportunities.
Once a name is used in commerce and gains recognition, it becomes protectable. But this protection isn’t automatic—distinctiveness, consent, and ongoing use all play critical roles in qualifying a name for trademark registration.
What the Brooklyn Beckham Case Reveals About Name Trademark Rights
In early 2026, Brooklyn Beckham alleged that his parents pressured him into signing away his rights to his name before his 2022 wedding. This sparked public interest because Victoria Beckham owns registered UK, EU and China trademark registrations for “BROOKLYN BECKHAM,” covering categories like clothing and cosmetics. These marks, filed in 2016, are set to expire in 2026.
UK and EU law allow individuals to rely on the “own-name” defense, enabling them to use their legal names in commerce, provided the use is honest. However, this defense can be overridden by a contract. If Brooklyn signed an agreement assigning or licensing those rights, he could be legally barred from using his own name as a brand.
This case mirrors other examples in which personal names became commercial property. Karen Millen, for instance, lost the ability to use her own name in fashion after selling her brand. Football manager Jose Mourinho’s name was trademarked by Chelsea FC, and Jo Malone had to launch a new fragrance company under “Jo Loves” because her name had become the intellectual property of Estée Lauder.
These outcomes highlight the need for careful planning before signing agreements that assign name rights. Once transferred, reclaiming control is rarely simple.
How to Register a Personal Name as a Trademark
To register a personal name as a trademark, it must act as a source identifier rather than merely describing the individual. In the United States, the USPTO evaluates factors like rarity, distinctiveness, and public recognition. Names with high public recognition may be eligible for the Principal Register, which offers national protection.
The law also requires the written consent of any living individual whose name appears in the application. Section 2(c) of the Lanham Act bars registration without this consent, a rule affirmed by the U.S. Supreme Court in Vidal v. Elster (2024).
In the European Union, both first and last names may be registrable if they are distinctive. The MILEY CYRUS decision reinforced this principle, finding that her combined name had enough commercial recognition to merit protection.
For successful name trademark protection, applicants should consider combining the name with distinctive design elements, filing in multiple jurisdictions, and maintaining consistent commercial use. Licensing agreements can also allow shared use while retaining control.
When Trademarks Become Marital Property in Divorce
As intellectual property, trademarks can be treated like any other form of property in divorce proceedings. The key legal issue is whether the trademark was acquired or developed during the marriage. If so, it may be classified as marital property and subject to division.
Courts often assess whether the trademark was created with joint resources or efforts, even if the name used is that of only one spouse. In cases where a brand or trademark was started before marriage but continued afterward, valuation experts may allocate value between pre-marital and post-marital contributions.
Valuation methods include estimating potential licensing income, reviewing comparable trademark sales, and calculating replacement costs. Ultimately, one spouse may receive the trademark while the other is compensated financially—either through a buyout or ongoing royalties.
Prenuptial and postnuptial agreements can preempt these disputes by defining ownership and outlining how trademark assets will be treated in the event of a separation.
What Happens When You Lose Control of Your Name
Once a personal name becomes a registered trademark—and especially once it is transferred—it can be used, licensed, or enforced by someone other than the original individual. Corporate ownership of name trademarks is common in fashion and entertainment industries.
Karen Millen was restricted from launching new fashion lines under her own name after selling the brand. Jose Mourinho’s trademark was controlled by his employer, limiting his ability to exploit his own name for commercial purposes. Founders like Jo Malone and Bobbi Brown had to rebrand after selling their original name-based businesses.
Trademark rights are not permanent unless actively renewed. The Beckham family trademarks for their children, filed in 2016, must be renewed in 2026. Failing to renew could open the door to new registrations by others—including Brooklyn himself or opportunistic third parties. Additionally, if a name trademark is not enforced, it can become diluted or lost altogether.
Strategic Tips for Safeguarding Name Trademarks
- Register your name only if it functions as a brand in commerce.
- Add unique stylization or combine with design elements for distinctiveness.
- File early and in multiple jurisdictions.
- Use clear contracts when licensing or assigning rights.
- Address ownership in prenuptial or business agreements.
- Monitor renewals and watch for unauthorized use.
FAQs
The Bottom Line on Trademarking Your Name
A personal name can be much more than an identity—it can be a brand, a trademark, and an asset. As the Brooklyn Beckham case highlights, names tied to celebrity or commercial value must be handled with strategic care. From distinctiveness and registration to contracts and family law, protecting a name trademark requires foresight, legal planning, and regular enforcement. For founders, families, and public figures alike, trademarking your name is both a shield and a tool in controlling your brand and legacy.
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Kennington is a highly organized and motivated individual with a strong work ethic, who brings a unique blend of legal and industry experience to her clients. She is dedicated to registering, protecting, enforcing, and defending the rights of individuals and companies throughout the United States and abroad.
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