A Name Inquiry generally occurs when there is a name in your trademark, and the USPTO needs additional information as to whether that name identifies a living person.

The reason behind a name inquiry is to protect an individual’s right of privacy, and an individual’s right to make money off of their name.

For instance, let’s say I applied for the trademark, KIM KARDASHIAN’S CELEBRITY MAKEUP.  Well, you can see why this trademark clearly identifies a living person, Kim Kardashian.

And, you can also imagine that Kim Kardashian wouldn’t be happy to have another person making money off of HER name and identity with this trademark.  

So, this Name Inquiry is the USPTO’s way of asking additional information to prevent people from registering trademarks that identify other living individuals.

Now, Kim Kardashian was a pretty obvious example, but name inquiries can extend to a wide variety of examples.  For instance, name inquiries can be issued for pseudonyms, nicknames, or even stage names.

‍

So, how do you respond to a Name Inquiry?

Well, it depends on whether the name in your trademark does identify a living individual, or if it doesn’t.  

Let’s begin with responding to a Name Inquiry when the trademark does identify a living individual.

For instance, let’s say my nickname is LISA MAC, and my trademark is LISA MAC’S FLIPPIN’ HOT DOGS.  Well, the nickname LISA MAC refers to me.  In that case, I would need to inform the USPTO that LISA MAC refers to me, a living individual, and that I give my consent to use this trademark.

Here, I could respond with the following two steps.  

‍

First, on the USPTO response form, under the “Name, Portrait, and Signature Section,” I’d choose the first option, and fill in the nick name.  So, the response would be: 

The name, portrait, or signature in the mark identifies “LISA MAC” whose consent to register is made of record.

Then, there’s one more step.  

On the USPTO web site there will be a part that says “Click here to Attach/Remove Consent”. You’ll click on that.  

Here, you’ll upload a PDF in which you provide your signature under the following statement:

“I consent to the use and registration of my name, portrait, and/or signature as a trademark and/or service mark with the USPTO.” 

By following those steps, you make it clear that the name in the trademark does refer to a living individual that is you, and that you are providing your consent to use your name in your trademark.

Now, let’s say you made up the name Lisa Mac, and it doesn’t refer to a living individual. 

If Lisa Mac is simply a fictional name that doesn’t identify an actual living person, I would need to inform the USPTO that this name does not identify an actual living person.

Here, you would respond with just one step:

"The name, portrait, and/or signature shown in the mark does not identify a particular living individual."

That way, you’re simply letting the USPTO know that the name in your trademark does not identify a living person.