Yes, you can trademark a hashtag with the United States Patent and Trademark Office (USPTO) so long as you are providing a product or service to the general public associated with that hashtag. You’ll need to demonstrate this in the USPTO filing, so you can’t start this process until you’ve actually used the hashtag you’re looking to trademark.
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, word or phrase, or combination of words can be used to brand a product or service. When used as a source identifier, a hashtag (words or phrases that are preceded with the hash symbol (#) on your keyboard) can help distinguish your goods or services from those of others. A hashtag trademark functions as a unique identifier, ensuring that your brand stands out in the crowded marketplace.
The term hashtag has become an essential component used on social media platforms as part of a company’s marketing tactics, with companies often using hashtags to drive engagement and visibility. However, if a hashtag functions as an identifier of the source of the applicant’s goods or services, it can qualify for trademark protection.
How to Trademark a Hashtag
In order to register a trademark for a hashtag, you must demonstrate to the United States Patent and Trademark Office that you are using that hashtag to promote or sell your goods or services. This is the same standard of trademark law that applies to other items as well — all trademark owners need to meet this criterion. It is essential to show that the hashtag is not merely a common phrase but serves a specific purpose in your marketing campaigns. Ensuring that your hashtag is distinctive and not generic is a key aspect of registrable trademarks.
Will Trademarking a Hashtag Prevent Others from Using it?
Trademarking a hashtag will not prevent people from using it on Twitter or other social platforms. It is important to keep in mind that people use hashtags in various contexts, and a trademark will not give you legal recourse if someone uses it in a way that you disagree with.
However, trademark rights provide you with legal protection against trademark infringement and ensure that your competitors cannot use the hashtag in a way that causes consumer confusion. If the hashtag is a word, phrase, or design that functions as a trademark, it grants the exclusive right to prevent competitors from using the same hashtag in connection with similar goods or services. Trademark protection serves to prevent companies and service providers within the same industry from using your hashtag to compete with you.
The USPTO requires that a hashtag be used as more than just a generic term to be protected under trademark law. The hashtag must directly connect to the goods or services of one company, distinguishing them in the marketplace.
While Twitter does respond to trademark infringement claims, it only does so when one party is using another party’s trademark to mislead consumers. Courts often assess the likelihood of confusion to determine whether there has been an infringement. The protection afforded by a trademarked hashtag can be crucial in maintaining the integrity of your brand.
Are there Other Elements of a Social Media Brand that can be Trademarked?
In addition to trademark rights, consider the role of intellectual property protections like copyrights in safeguarding original content associated with your hashtag. A combination of trademark protection and copyrights can provide comprehensive legal safeguards, ensuring your social media presence aligns with your intended social media message. Users and customers engage with social media posts that are unique and memorable, underscoring the importance of securing your intellectual property. To further explore the implications of trademarking hashtags and to safeguard your online social presence, source, and mark, please reach out for expert legal advice.
Registering Your Hashtag
If you would like to discuss protecting your intellectual property and trademarking hashtags, or hashtags for other social media platforms, contact us today to speak with a top trademark attorney in the US.
To file a trademark application for a hashtag, you must ensure the hashtag functions as a trademark, connecting to specific goods or services. Hashtags have become central to online social interactions, and protecting a hashtag ensures it maintains its role as a source identifier in the marketplace.
It is crucial to ensure your hashtag marks are registrable, meaning they must be distinctive and used in a manner that establishes a direct link between the hashtag and your goods or services. This not only protects your brand but also aids in the effective management of your marketing campaigns and social media posts. Understanding whether a hashtag is eligible for federal trademark protection is an essential first step when seeking trademark registration, which a trademark lawyer can help you with.
