KEY POINTS
- According to the rules, names that could offend, contain symbols, or breach trademark or copyright laws are all off-limits.
- The name on a customer's passport application must also match the name on their UK or overseas supporting documents, such as their birth certificate.
The UK Home Office recently denied a seven-year-old boy's passport application due to concerns over copyright issues surrounding his name, putting a much-anticipated family holiday at risk.
Christian Mowbray, a 48-year-old soldier serving in the Corps of Royal Engineers at Rock Barracks in Suffolk, applied for a passport for his son, Loki Skywalker Mowbray, ahead of a long-awaited family trip to the Dominican Republic.
The Mowbray family, who had not had a holiday since 2014, were eagerly anticipating their break, particularly as Beck Mowbray, Christian's wife and a former soldier, has been grappling with Complex PTSD.
Home Office officials, however, unexpectedly rejected Loki Skywalker's passport application due to "copyright issues."
The problem stemmed from Loki's middle name, Skywalker, which is associated with character Luke Skywalker of the iconic Star Wars franchise and is copyrighted by Disney. The Mowbrays were told that they would need permission from Disney for a passport, or face the possibility of changing their son's name in order to proceed with the passport application.
A Tribute to a Childhood Favorite
Loki was born on May 4, a date beloved by Star Wars fans worldwide, often celebrated as "Star Wars Day." May 4 is a twist on the popular Star Wars phrase "May the Force be with you," used by fictional Jedi knights as a hope for goodwill and good luck.
For Christian Mowbray, a lifelong fan of the series, it seemed fitting to honor the day by giving his son the middle name Skywalker. As Mowbray explained, the choice of name was a tribute to something that had been a significant part of his life since childhood.
"We were not aware that this could be a potential issue," Mowbray said, shocked at the officials' decision. "We understand that Loki's middle name is copyrighted, but we have no intention of using it for personal gain."
Mowbray, who had been looking forward to the family holiday, added: "I understand the Home Office's position and reasoning, but I believe they need to recognize that modern names are evolving. It's caused significant stress for the entire family as we may have to cancel our holiday, and we would be deeply saddened if we had to change our son's name."
The Home Office's Position on Copyrighted Names
In an email to the Mowbray family, the Home Office explained that Loki's middle name was deemed to "relate to a trademark or copyright" and that a passport could not be issued without written permission from the copyright holder.
According to the Home Office's guidelines, names that breach trademark or copyright laws, contain offensive language, or feature symbols are not permissible for passport applications.
The rules further stipulate that the name on a passport application must match the applicant's official documents, such as a birth certificate. The Home Office stressed that names linked to commercial entities, like Loki's middle name, Skywalker, could be subject to trademark restrictions unless proper consent is obtained.
After reviewing the case, the Home Office reversed its decision, allowing Loki's passport application to proceed. Despite the relief of receiving approval, the ordeal has highlighted the strict nature of the UK's passport naming rules.
Navigating UK Passport Name Rules
This incident reminds parents and individuals considering name changes, especially those involving well-known characters or trademarks, to be cautious when applying for passports. The Passport Office has stringent guidelines that must be followed to ensure that applications do not violate copyright or trademarks or offend public sensibilities.
For example, names containing symbols are often rejected because they can cause technical issues during processing. Similarly, names tied to commercial or copyrighted entities require written confirmation from the trademark or copyright holder, ensuring the applicant has permission to use the name.
The official guidelines state: "An application using an existing trade or commercial name will require the applicant to provide written confirmation from the owner of that trademark or copyright that they consent to the use of that name." Failure to do so can result in the refusal of the passport, as in the Mowbrays case.
A Close Call for the Mowbrays
Though their passport application was eventually accepted, the Mowbrays' experience has left a lasting impact. What began as a simple administrative task quickly escalated into a potential holiday cancellation, causing stress and frustration for the family.
Christian Mowbray expressed relief that the issue was resolved in time for their holiday, but the situation highlights the complexities that can arise from naming choices. "We're just happy we can go on our holiday as planned," he said, "but I hope others are aware of the rules to avoid the same stress."
For others considering unique or pop-culture-inspired names for their children, the Mowbrays' experience underscores the importance of understanding how copyright laws intersect with seemingly personal decisions.
A Warning for Other Parents
The Mowbray family's ordeal has sparked broader discussions about naming conventions for children and how they may conflict with intellectual property laws. While the use of names inspired by movies, books, and other media has become more common, parents must be mindful of legal restrictions when choosing names, especially when it comes to official documentation like passports.
For now, the Mowbray family can breathe a sigh of relief. Still, their story warns other parents to tread carefully when naming their children after beloved fictional characters.
