Owning your name personally doesn’t guarantee the right to use it commercially, says commercial lawyer Millie Bradshaw at national law firm Clarke Willmott, in relation to Brooklyn Beckham’s recent social media posts.
“Trade mark ownership, not personal identity, decides who can legally use a name for business purposes,” says Millie, who advises on intellectual property and commercial law.
“Many public figures register names as trade marks to protect their reputations and prevent unauthorised use. Brooklyn’s experience shows why it’s important to know who controls the commercial rights to a name before using it in business or branding.
“Even high-profile individuals can face limits on using their names commercially. Ownership of a trade mark determines who can use the name for business, what it can be used for, and who can prevent its commercial use.”
Brooklyn Beckham took to Instagram to express frustration that his parents registered trade marks covering the names of the Beckham children when they were minors, saying he was pressured to “sign away the rights to his name” ahead of his marriage to Nicola Peltz.
He added that this could affect him, his wife and their future children. The posts have attracted global attention, not only for revealing aspects of the Beckham family dynamic but also for highlighting the legal complexities around personal names as trade marks.
Records show the Beckham children’s names were registered while they were minors, with Victoria Beckham listed as the owner. Under UK law, personal names can be registered as trade marks if they are used to identify the source of goods or services.
“While not unusual, this means that she, rather than the individuals named, holds the commercial rights associated with those registrations,” added Millie Bradshaw.
“Trade mark rights are separate from personal identity. Commercial rights depend entirely on who owns the registration and the classes it covers. Brooklyn will always be able to use his name in everyday life, but the owner of the trade mark can control its commercial use.”
The dispute demonstrates how even high-profile individuals can encounter limitations on using their names commercially. If family tensions continue, it could result in a dispute at the Intellectual Property Office (the UK authority that registers and oversees trade marks) or in court.
“Brooklyn’s experience demonstrates that simply being the owner of your own name does not guarantee control over its commercial use.”
Speak to our intellectual property lawyers
For more information, please contact a member of our specialist intellectual property team.
Posted:
