It is absolutely possible, and it is protected by our country’s laws!
The law stipulates: Personal rights specifically include: right to life, body, health, personal freedom, privacy, reputation, honor, name, name, portrait, identity, spouse Quan and so on.
The right to name includes the following:
1. The right to self-naming
The right to self-naming is the right of a natural person to decide his or her own name, and no one has the right to interfere. In principle, a natural person cannot choose a surname. In real life in our country, it is customary for children to take their father's surname, but Article 22 of my country's current Marriage Law stipulates: "Children can take their father's surname, or they can take their mother's surname." If a natural person re-chooses a surname in accordance with the law, the law should not interfere. Even if a woman adds her husband's surname to her own name after marriage, it is based on the will of the parties involved.
The name is generally determined by the parents when a natural person is born, but this is not a denial of the right to self-naming. In fact, it is a manifestation of parental authority and an act of agency by parents to implement parental authority. After a natural person reaches adulthood, he or she can also change his or her name through name change procedures. Another manifestation of the right to self-naming is the right of natural persons to choose their own aliases. They can determine pen names, stage names and other corresponding names other than their registered names according to their own will and wishes. No one is allowed to interfere.
2. Right to use name
The right to use name is the exclusive right of a natural person to use his or her name. The use of one's own name is an important part of a natural person's right to name. In civil activities, a natural person may use his or her real name, or his or her pen name, stage name or pseudonym, etc., unless otherwise provided by law. No organization or individual may force a natural person to use or not use a certain name.
The right to use your name is an exclusive right to use, and others may not intentionally use other people's names. In reality, the phenomenon of duplicate names is not an infringement. Duplicate names are also called parallel names, that is, several people legally acquire the same name. In such a situation, everyone has the right to use his or her own name, and all rights are exercised legitimately, except for intentional confusion.
The name can also be transferred to others for use. Usually, the names of celebrities often contain huge commercial value. Because the history of celebrities' struggles can usually give people great encouragement, and people's love for their homes makes their names a symbol of celebrities, so their names have a certain commercial value. For example, Li Ning brand sportswear; Jordan brand sports shoes. This kind of transfer of the right to use the name can be realized by making shares in the name, or by paying business remuneration. This actually reflects the property interests of name rights. The interests embodied in the right to name, analyzed from the above content, are spiritual interests. In modern society, the spiritual benefits of name rights may also bring certain economic benefits. For example, using the pseudonym of a famous writer to publish works can earn royalties, and using the stage name of a famous entertainer can increase box office value. However, among specific personality rights, the economic benefits of a natural person's name right are not only very different from the name rights of legal persons and business names, but also have a large gap with other personality rights of natural persons, such as portrait rights. The spiritual interest of name rights is its basic and most important interest.
It is worth noting that the transfer of the right to use the name is usually limited to the commercial field. If the identity attribute is strictly required, the right to use the name cannot be transferred. That is, others must not be allowed to pretend to be someone else. The plaintiff, Zhou, was recruited as a coal miner by a certain mining bureau. Fearing hardship, he left the mine and returned home without permission. The agreement was that Zou would go to the mining bureau to impersonate him, and Zou would work in the mine under the name of Zhou. Later, Zhou claimed that he had infringed on his right to name and sued the court. The court held that the original agreement between the original defendant and the original defendant on the use of names was illegal and was not protected by law, so it dismissed the lawsuit
3. The right to change one's name
The right to change one's name means that a natural person can change himself or herself in accordance with the law. The right to name, also known as the right to name change. The meaning is that natural persons can change their names according to their own wishes and in accordance with regulations without other restrictions. Although this kind of name change can be effective only based on a unilateral expression of intention, it cannot be used against a third party without publicity.
Changes in registered names must also be registered and will not take effect unless the change registration procedures are followed.
Performance of infringement: 1. Interfering with other people’s decision, use, or name change.
2. Stealing other people’s names. Misappropriation of another person's name refers to carrying out certain activities in the name of another person without the other person's consent or authorization in order to increase one's own worth or seek improper benefits.
3. Impersonating other people’s names. It refers to using other people's names and pretending to be others to carry out activities in order to achieve a certain purpose.
The difference between misappropriation and impersonation of a name: Misappropriation mainly refers to stealing someone's name, and you are not necessarily the person who made the name. For example, A steals B's name, tells C that he is B's friend, and defrauds C's trust to obtain certain benefits. To impersonate is to impersonate someone's name, pretending to be the person who gave the name. For example, A assumes that he is B and deceives to obtain some benefit.
Basic common sense about the infringement of the right of name
The right of name is a specific personality right, which refers to the right of natural persons to decide, change and use their names. Names include formal names registered in household registration books, stage names, pen names and other informal names.
The right to name mainly includes three rights:
1. The right to determine the name, also known as the right to name, which is the right of a natural person to decide what gender, name, and combination thereof to adopt. The naming right of a natural person is exercised by the head of the household, relatives, caregivers, or neighbors after birth, but this does not affect the right to change the name after the person has the ability to name.
2. The right to name change refers to the right of natural persons to change their surname or given name in accordance with the law. As long as it does not violate the mandatory provisions of the law and public order and good customs, it is allowed, but it needs to be handled by the nursing management department. Change registration procedures.
3. The right to use one's name refers to the right of a natural person to use one's own name in accordance with the law, including active exercise: marking one's own name on one's own items and works as a sign of the right owner; using one's name on specific occasions, To distinguish oneself from other members of society; to exercise passively: not to sign one’s work; to refuse to reveal one’s name after committing a specific act. The restriction is that under certain conditions, natural persons are not allowed to use informal names. For example, formal names must be used in household registration, ID cards, and passports.
The infringement of name rights is mainly manifested in interference, misappropriation, and counterfeiting by others. If the above situations are discovered, the right holder can request to stop the infringement, eliminate obstacles, eliminate the impact, apologize, compensate for damages, etc.
The main legal basis for adjusting the above issues are:
1. "General Principles of the People's Republic of China and Civil Law"
2. "The People's Republic of China" *Marriage Law of the People's Republic of China"
3. "Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the General Principles of the People's Republic of China and Civil Law (Trial)"
4. " Household Registration Ordinance