Introduction

When considering the use of a surname in a business name, especially one as well-known as McDonalds, there are several legal and trademark considerations to take into account. This article explores whether individuals with the surname McDonalds must legally change their name to open a restaurant, or if they can use it in their business without restriction.

The Reality of the Surname McDonalds

The surname McDonalds is uniquely identifiable, with the “s” at the end being a distinctive feature. According to Google search records, there is no known legal or historical precedent for the “s” in the surname McDonalds. This is not surprising, as McDonald appears far more commonly than McDonalds. This naming variation is a unique case worth examining.

CAN YOU OWN A BUSINESS WITH YOUR LAST NAME?

It’s important to note that individuals with the surname McDonalds do not have to legally change their name to open a business. However, their ability to use the name in a business context may be limited due to trademark rights. For example, Ralph McDonald could own a restaurant named McDonald’s BBQ, and Frank McDonald could use a company name like McDonald’s Heating and Air. However, Dave McDonald would face restrictions if he attempted to open a burger joint under the name McDonald's.

Understanding Trademarks and Legal Restrictions

The use of a surname in business names is subject to trademark laws. In the United States, for instance, a well-known company like McDonald's has a strong trademark on its brand. This means that individuals cannot use a business name that is too similar to the trademarked McDonald's name without permission. Using the exact name or a name that closely resembles it can lead to legal issues or disputes.

Historical Precedents of Surnames as Trademarks

It is not uncommon for surnames to become trademarked. For example, the last names Phillips, Welch, and others have been trademarked in specific contexts. These examples illustrate that while individuals can keep their surnames, they may not be able to use them in the same way as a well-established brand.

Implications for Surnames in Business Names

While there is no mandatory legal obligation to change a last name like McDonalds to open a restaurant, individuals must be cautious about how they use the name in a business context. The primary restriction is that the business name cannot be too similar to the trademarked name. For example:

This restriction protects consumers who are familiar with the McDonald's brand and ensures that consumers are not misled into believing they are purchasing goods from the well-known chain.

Conclusion

In summary, individuals with the surname McDonalds do not have to legally change their name to open a restaurant. However, they must adhere to trademark laws and avoid using names that are too closely similar to the McDonald's brand. This ensures that consumers are not confused and that the well-known brand's identity remains distinct and protected.