Can I 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.
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 products or services.
Trademarking a hashtag will not prevent people from using it on Twitter. It is important to keep in mind that others may use the Twitter hashtag, and a trademark will not give you legal recourse if someone uses it in a way that you disagree with. Trademark protection serves to prevent companies and service providers within the same industry from using your hashtag to compete with you. While Twitter does respond to trademark violations, they only do so when one party is using another party’s trademark to mislead consumers.
Large companies like Coca-Cola have already registered twitter hashtags as trademarks, specifically #cokecanpics and #smilewithacoke. Pepsi also recently launched a campaign around a hashtag they’ve trademarked, #sayitwithpepsi
— Firo (@itsfiro) February 23, 2017
If you would like to discuss trademarking Twitter hashtags, or hashtags for other social media sites, contact us today and speak to the top trademark attorney in the US.
Last Updated: 3/1/2017
Feedback from Clients
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Owner, Break Summit