Should You Trademark Your Blog Name?

In the era of digital branding, I hear a question more and more frequently: “Should you trademark your blog name and logo?” The internet has effectively lowered the bar to entry for many fields, spawning new brands at unprecedented rates. This rise prompts bloggers, big and small, to contemplate the legal protections they need for their intellectual property.

The answer, as in most issues regarding trademarks, is that it depends. Different bloggers have different needs and will answer the question based on their unique situations.

You Should Trademark Your Blog Name If…

If you spend a lot of time creating unique, original, and valuable information to share with readers on your blog, you may have thought about how to trademark your blog name already. You’re not alone. Many bloggers, large and small, have already taken this step.

For example, the AOL-owned blog THE HUFFINGTON POST is a registered trademark, as is the niche independent blog NOM NOM PALEO. How can you decide if your blog is worth trademarking? If any of the statements below are true for you and your blog, you might want to apply for a trademark and start the trademark electronic application system (TEAS) process:

• You share unique, original information on your blog that readers can’t find anywhere else.
• You use your blog to communicate messages about your business name or brand.
• A large amount of readers/visitors/subscribers regularly come to your blog for the valuable information you provide.
• You are starting to find other blogs that look and sound a lot like yours.
• Your personal blog has evolved into a business opportunity.

If you’re still unsure about whether your blog is worth trademarking, consult with a common law trademark or intellectual property attorney.

You Probably Should Not Trademark Your Blog Name If…

Not every blog is worth trademarking. If any of the statements below are true for you and your blog, you should think twice before starting the process of registering a trademark:

• You primarily use your blog to share personal information.
• Your blog and blog name are confusingly similar to another well-known blog that has already registered trademark protection.
• You’ve copied or repurposed a lot of content from other places on the web.
• You haven’t started sharing anything on your blog yet.
• You don’t ever really intend to use your blog for business or branding purposes.

Again, if you’re still unsure about whether your blog is worth trademarking, consult with a trademark attorney.

Do I Need to Trademark My Blog?

Whether you need to trademark your blog depends largely on how you use it and your goals for the future. If your blog is a personal platform where you share anecdotes, hobbies, or other casual content, you may not need to pursue trademark registration. However, if your blog represents a brand, generates revenue, or is integral to a business strategy, trademarking your blog name and logo can provide essential legal protections. Registering your blog as a trademark ensures you have exclusive rights to its use in connection with your goods and services, helps prevent competitors from adopting a similar trademark, and solidifies your rights in cases of infringement. It also allows you to build credibility, secure your brand identity, and create a foundation for potential growth, both domestically and internationally. To decide, consider whether your blog is a critical part of your business or branding efforts, and if so, it’s wise to consult with a trademark attorney.

The Benefits of Trademarking Your Blog Name

You may be asking yourself, “should I trademark my blog name?” This can be especially difficult if your blog name is mostly just your name, or you’re not sure which direction you want to take your blog. However, with trademark ownership comes many advantages. If your blog meets the criteria listed above, it might be time to think about getting a federal register for your trademark. You can then realize the many exclusive rights of trademark registration, including:

• Legal ownership of the blog name as a trademark.
• The ability to pursue legal action against infringement.
• Your trademark will appear in the trademark electronic search system (TESS), which serves as notice of your rights.
• The ability to block imported goods from using your mark.
• An easier path to international trademark rights.
• Use of the ® registered trademark symbol.

Trademarking your blog name can also help you build brand recognition and strengthen your brand’s reputation. You will build credibility among your followers and prospects, and help convince others (especially your competitors) that your content is original and valuable, and shouldn’t be copied or used without your permission.

How to Trademark Your Blog Name: Initial Steps

The need to trademark your blog depends on your goals. The trademark registration process is complex, but the structure is straightforward. Anyone filing a trademark application will typically need to follow the same steps:

1. Determine whether you need to trademark your blog. Blogs with business or branding elements typically warrant a closer look at trademark registration. For personal blogs, it is probably not necessary unless you attain significant traffic and people recognize your name as a trademark.
   
2. Decide whether you should hire a trademark attorney. While it is advisable to do so, you do not need to hire a trademark attorney to handle your filing. There are, however, many benefits to doing so. For instance, trademark applications filed by an attorney have a higher chance of approval.
   
3. Identify your mark format. You can file a trademark in three formats: (1) standard characters, as in a name; (2) stylized/designed, as in a logo; or (3) sound. For a blog, you might choose to trademark both the name and logo. While your word mark might appear in your logo, you should still file separate trademark applications for each mark.
   
4. Identify the precise goods or services. You must classify your blog under the accepted trademark classes. For a blog, this often includes services related to publishing or providing valuable information.
   
5. Perform a trademark search. Before submitting your application, you must perform a comprehensive trademark search to ensure your mark is not confusingly similar to a similar trademark. This means more than simply searching the USPTO database for your mark. There are other considerations, such as common law trademark rights, that make deep searches a requirement before submitting an application.
   
6. Determine your basis for filing. Existing bloggers will file a “current use” application, meaning the mark is already in use in commerce. If you plan to launch a blog, particularly if it’s a commercial endeavor, and want to trademark the name before competitors can think of it, you can file under “intent to use”. According to the USPTO, this means that you “have a bona fide intent to use the mark in commerce; that is, you have more than just an idea but are less than market ready (for example, having a business plan, creating sample products, or performing other initial business activities).” After receiving approval, you must start using your mark, and prove it to the USPTO, within six months, or else file for an extension.
   
7. File your application. Once you’ve completed the steps above, file your application using the trademark electronic application system (TEAS) provided by the United States Patent and Trademark Office (USPTO). If you’ve hired an attorney, he or she will do this for you. Otherwise, you can find the application on the USPTO website. After you file a trademark application, patience is key. Even if everything goes smoothly, it will take at least four months to hear back from the USPTO, and oftentimes the wait is six months. You might need to file additional paperwork at that point, which can extend the process further. But if you file and respond properly to all USPTO correspondence, you should have your trademark rights within 13-18 months.

How long will it take to trademark a blog name? 

It typically takes 12 to 18 months to register a trademark for a blog name in the United States. It will usually take 4 to 6 months for an examiner to review the application, then once approved, the application will be published for 30 days. Then after the publication, you will be sent the official Registration Certificate. It’s important to note that this process can take longer if there are objections or opposition proceedings, which is why it can be helpful to enlist a trademark attorney as it minimizes this risk. 

Role of the U.S. Patent and Trademark Office

The United States Patent and Trademark Office is the federal agency that oversees the registration of trademarks. If you plan to use your blog name for commercial purposes, a critical step will be to register your trademark filing through the USPTO. You can file under “intent to use“. This indicates that you “have a bona fide intent to use the mark in commerce”. Existing bloggers will file a “current use” application, meaning the mark is currently in use in commerce.

After Trademarking Your Blog Name

Once you’ve successfully registered your blog name, it’s crucial to maintain consistent branding and presence. As part of your ongoing responsibilities, you may need to provide evidence to the USPTO showing you are actively using your mark in commerce. However, once you’ve got your trademark for your blog’s name, you can relax knowing that trademarking and copyrighting will help shield you from unauthorized use and legal issues.

Further Reading for Bloggers

These other articles and tips are likely of interest if you’re currently running, or thinking about launching a blog:

• Does a Trademark Registration Give You Rights To the Corresponding Domain Name?
• Can I Trademark a Hashtag?
• Branding Yourself: Why Freelancers Need a Personal Brand
• Can I Trademark a YouTube Channel?

Protect Your Blog

Protect your blog today by securing exclusive rights to its name and logo. Whether you’re starting out or already well-established, registering your blog’s trademark is a vital step to safeguarding your brand.