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Repair Windows errors before they cause bigger problemsFix Now →Scan for outdated or missing drivers - takes under a minuteDriver Scan →In the United States, having the legal name McDonalds does not automatically give you the right to use McDonalds as a restaurant brand. The USPTO identifies McDonald’s® as a registered trademark for restaurant services owned by McDonald’s Corporation. Whether a particular proposed use is lawful depends on the facts and applicable law; the official guidance cited here does not decide this hypothetical.
Why the name creates a trademark issue
The USPTO lists McDonald’s® for restaurant services as a registered mark owned by McDonald’s Corporation. That makes a restaurant using the same or a similar name a sensitive branding choice, even if the owner’s surname really is McDonalds. USPTO guidance on common application problems gives McDonald’s as an example of a surname that is also a registered trademark.
Trademark questions concern how a name is used to identify the source of goods or services. A name used as a restaurant brand raises a different issue from simply having McDonalds as a personal or legal name. The sources cited here do not establish the outcome of a specific dispute over a restaurant proposed by a person with that name.
Does it matter that McDonalds is your real name?
It may matter for a trademark application, but it is not a blanket permission to use the name as a brand. The USPTO says, “If your trademark includes your own name, image, or likeness, we presume consent.” That is an application rule about consent to use the applicant’s own identity; it does not resolve other parties’ trademark rights or determine whether a particular use is lawful. Read the USPTO’s guidance on using a living person’s name or likeness in a trademark.
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There is a separate registration issue: a mark that is primarily merely a surname generally cannot be registered on the Principal Register unless the applicant can show acquired distinctiveness. The USPTO’s current Trademark Manual of Examining Procedure discusses that rule and cites a McDonald’s Corporation matter. This registration standard is not itself a ruling that every use of a surname is prohibited or permitted. See TMEP §1200.
A business-name filing does not clear the brand
Registering a company or assumed business name with a state or local agency is distinct from obtaining trademark rights. A business-name filing does not by itself establish that you can safely use the name to identify a restaurant. The USPTO explains the distinction between trademarks and business-name registrations. Separately, commercial use of a name as a source identifier may create trademark rights even without federal registration; the USPTO explains how trademarks work.
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What to check before choosing the restaurant name
Before investing in signs, menus, advertising, or a lease tied to a brand, have a qualified trademark lawyer review the proposed use in the jurisdiction where the restaurant will operate. A clearance review should consider:
- How closely the proposed name resembles existing marks, including the registered McDonald’s restaurant-services mark.
- Whether the businesses offer overlapping goods or services; in this case, the relevant category includes restaurant services.
- How the name and overall branding would appear to customers, including whether the presentation could suggest an association.
- Which jurisdiction’s trademark law applies.
These are issues to investigate, not a prediction of how a court or agency would decide. The answer is limited here to U.S. sources; trademark rights and rules vary by jurisdiction. Do not assume that dropping the apostrophe, changing punctuation, or adding a generic word guarantees a different legal result.
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