[E-trademarks] Surname as part of composite mark

[Jessica R. Friedman]

This is a “d’uh” question, but I’ve been going around and around with a difficult client and annoying facts, so I’m going to ask it anyway.

Let’s say I apply to register a logo that consists of a heart and the name FRIEDMAN. Am I not going to get a surname objection, even though FRIEDMAN is only one component of the logo? And if I can’t prove distinctiveness, there is not going to be any way to overcome that objection except by disclaiming FRIEDMAN?

I would love to be wrong here, so please speak up.

Jessica R. Friedman
Attorney at Law
300 East 59 Street, Ste. 2406
New York, NY 10022
Phone: 212-220-0900
Cell: 917-647-1884
E-mail: jrfriedman at litproplaw.com<mailto:jrfriedman at litproplaw.com>
URL: www.literarypropertylaw.com<http://www.literarypropertylaw.com>

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