Can you trademark a hashtag

Can You trademark a hashtag? Yes, you can trademark a hashtag so long as you are providing a product or service to the general public associated with that hashtag. You can use a hashtag as a brand name or slogan for your product or service, in much the same way that any other name or phrase or combination of words can be used to brand a product or service. Consumers can use them to rate products or services and even to promote a business.

Which then poses the question, can you trademark a hashtag ? This means that in order to trademark a hashtag , you must. The law remains unsettled when it comes to trademarking a hashtag. Thus, before you seek to trademark your hashtag, you must evaluate your reasons.

For example, it’s not a good idea to try to trademark your hashtag so you can stop others from using it because the use of a hashtag is not regulated by the trademark law. Can you trademark a hashtag ? However, just as with other trademarks, there are hurdles you need to clear to be granted official registration with the United States Patent and Trademark Office (USPTO), and there are limits to what kind of. Hashtag trademarks: what can be protected? Social media platforms have become indispensable marketing channels for brand owners.

According to some sources we foun the answer is yes. A hashtag can be trademarked. As stated before, a trademarked hashtag is often an extension of a business trademark.

You can trademark a hashtag so long as you are providing a product or service to the general public associated with that hashtag. Just like you can register a trademark in a company name, product name, or slogan, you can register a trademark in a hashtag. The first rule is your trademark can ’t be the generic product. In Fraternity Collection, LLC v. If you obtain a registration on a hashtag trademark , your rights will be the same as other trademark owners. That is, you can prevent other companies from using your trademark in a way that would be likely to lead to consumer confusion.

Yes, a hashtag followed by a word or phrase can be trademarked in the United States as long as the hashtag meets the trademark requirement that it identifies the source of a particular good or service. It appears that the USPTO’s treatment of hashtag marks is similar to its treatment of domain names, which it generally regards as addresses on the Internet but which can sometimes serve a source. Even if you don’t intend to register a hashtag trademark , and you just want to use the hashtag for your next social media campaign, it’s a good idea to check to see if the hashtag is already in use and what it is associated with. Trademarking a hashtag can be a valuable part of your overall IP strategy.

Also, you can ’t just take someone else’s trademark , slap an octothorp on the front, and think you ’ll be able to trademark that. Companies of all sizes and descriptions are leveraging hashtags to get their message out there. Which leads to today’s trademark question : can you use another company’s trademark as a hashtag ? As a refresher, a trademark is anything that identifies the source of goods or services. Hey guys, welcome to Vancouver Trademark. AR: Almost anything can be a trademark.

In the context of hashtags, we’re talking. But analyses of whether something qualifies for trademark protection often focus on what that thing is, rather than what it does. Of course, trademark registration can give brand owners enforceable rights (particularly under the theories of trademark dilution and initial interest confusion), especially against other companies and competitors who try to misappropriate a hashtag trademark.

You may have been aware of the benefits of federal trademark protection long before you got to the hashtag issue. Perhaps you have already registered your business name, dba, logo and other signature business identifiers. Without federal trademark registration, you will have only common law protection or perhaps protection under state law. You often see companies register their tag lines or slogans so they can protect those trademarks and prevent competitors from using them.

Recently, hashtags have become important tools for driving online interaction between entertainers and consumers on social media. The law is still being developed in this area, but the increased use of hashtags has nevertheless gotten the attention of brands and companies, who have rushed to trademark hashtags in an effort to stake a claim to this gray area.