An ordinary surname filed alone as a trademark is usually difficult to register for lack of distinctive character; however, a surname combined with other words or devices so as to be distinctive as a whole, or one that has acquired considerable renown through long-term use, can be registered.
Why Surnames Struggle to Pass Examination
Surnames are appellation resources in the public domain: a single surname by itself hardly serves to distinguish the source of goods, and allowing one operator to monopolize a surname would impair the legitimate use of it by other operators bearing the same surname. In examination practice, standalone common surnames are generally treated strictly.
Which Surname Trademarks Can Be Registered
First, a surname combined with other elements: for example, "王致和", "张小泉", "李宁"—a surname plus a given name or other wording forms a complete original sign that is distinctive as a whole. Second, rare surnames or special combinations of surnames that are themselves fairly recognizable. Third, surname trademarks that have acquired distinctiveness through use—that is, where long-term use has led the public to associate the surname stably with a particular source—though the evidentiary burden is relatively high.
Do Not Touch Someone Else's Prior Surname Brand
Applying for a similar mark modeled on another party's already well-known surname brand will not only be rejected but may also involve infringement of prior rights or bad-faith registration. The names of famous persons receive especially strong protection: Article 32 of the Trademark Law protects prior rights, which include name rights.
Practical Suggestions
If you want to build a brand on the founder's surname, adopt a complete form such as "surname + given name" or "surname + coined word", and run a prior-rights search to confirm that no prior trademark in the same form exists before filing.
If you are facing the issues described above, you can first run a trademark registration assessment on MyTMBee and decide whether to file only after confirming feasibility, avoiding wasted official fees from blind filings.