Youtube Trademark and Copyright Info

Last updated: 4/6/2018

In short: Yes, you can trademark a YouTube channel. You can trademark the name, logo, or slogan that you are using to promote your YouTube channel. As a YouTube channel is considered to be an entertainment service, it can be subject to the standard protections under trademark law.

Why Bother Trademarking Your Channel?

A trademark will prevent another YouTube channel from using your name, slogan, or logo. This is an important step in building a specific brand identity for your channel. In order to register a trademark, you must prove that the name or logo is distinct and specifically associated with your channel.

Limits of Channel Name or Logo Trademarks

A trademark will not prevent a competitor from creating videos that are similar to yours. Trademarks do not protect content, but rather the way that the content is identified and promoted. A trademark will not prevent the general public from using the slogan or logo. Trademarks only prevent direct competitors from using your branding materials to mislead consumers.

Some Current Examples of Trademarked Channels

When discussing trademarks or servicemarks like this, it’s always helpful to have some examples. Let’s look at two.

How to Wow! Show

The “How to Wow! Show” on youtube has, at the time of this writing, about 35,000 subscribers to its channel and has amassed nearly 14,000,000 views of the videos.

The channel is from Maya Toys, the makers of Pom Pom Wow! and Cutie Stix – the toys that are featured prominently in the DIY videos produced for the How to Wow! Show.

The trademark application is careful to caveat that no claim is being made on the exclusive right to use “how to” apart from within the full name of the show. While the channel began in January of 2016, the trademark filing for the name was dated June 22, 2017. It is described as…

Entertainment and Educational services, namely, an ongoing series of videos provided through YouTube to demonstrate various play patterns for toys and toy hobby craft kits.

Fine Brothers Entertainment

Brother Benny and Rafi Fine are the guys behind the wildly popular “react” videos like “Teens React” and “Kids React” as well as the “Do They Know It?” series. Their videos have reached a huge audience – for example, their video playing 90’s music for teens has be viewed nearly 16,000,000 times:

However, the Fine Brothers looked to take their “React” franchise a bit farther than the YouTube community seemed to be comfortable with. FBE attempted the trademark “react” in the context of YouTube videos in an effort to license the concept out to other creators. They also attempted to trademark “kids react”, “celebrities react” and other names. This caused a huge backlash, and ultimately ended with the brothers not only giving up on the licensing effort, but abandoning their trademark applications as well (save their main Fine Brothers Entertainment mark.)

Copyright on YouTube

Youtube provides resources for content creators to file copyright complaints, as well as respond to copyright strikes on their youtube account.

Trademarks and Other Social Platforms

We’ve also compiled information on other social platforms and their stance on trademarks and copyright. You can see those here:

Registering Your Trademark

We have a simple, 5 step process we use to help our clients secure their trademark. Check out the video below for an explanation of the process:

 

Trademark attorney Xavier Morales

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