Then i would suggest you fire your IP rights attorney and get a new one.
ANYONE can trademark their name, whether it has been used as part of a business or not.
Our competant attorneys in the UK (Rouse+Co in case you would like to check them out) actually told me several years ago that i could trademark my legal birth name if i wanted, along with the 'handle' i use on some of the industries message boards.
So LEE WINDSOR + EUROPEAN LEE can both be trademarked.
I would suggest you look up tradmark opposition law, there have been several cases even in the past few years where an individual has trademarked their name and won a case because another individual or company used that in relation to advertising a product or servce.
I would also hire a new intellectual property rights attorney because he/she has told you incorrrect information.
Regards,
Lee





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