Can You Trademark a Hashtag?

The hashtag has become an ever-present aspect of social media, spreading across platforms including Facebook, Instagram, Pinterest and more.

 

Originally developed on Twitter, a hashtag is a word or a phrase following the pound sign used to categorize messages on a specific topic.

 

Searching a hashtagged term will produce all messages or photos tagged with it, so hashtags have the potential to be extremely useful in several areas. Hashtags are used by television shows, celebrities, politicians, companies, and more to gather messages together under one topic. Couples use them to keep track of photos posted on their wedding day. 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?

 

According to the Trademark Manual of Examining Procedure, you can trademark a hashtag if it is used to promote or sell a product or service. This means that in order to trademark a hashtag, you must demonstrate to the United States Patent and Trademark Office (USPTO) that the hashtag is used in this capacity.

 

Trademarking a hashtag allows one to promote a business or a product in a creative and unique way and protects against others trying to register the same hashtag. Since social media has become consumers’ main source for information, tags are becoming an increasingly used commodity. Businesses often use hashtags as a way for their customers to express their experience with their business or product, hold contests, and more.

 

How to Trademark a Hashtag

Before applying to trademark a hashtag, it is imperative to research potential similar hashtags and marks without tags that may exist to keep from confusing the consumer. You can do some cursory research yourself on sites such as http://twubs.com/ that allow you to enter a hashtag and see what similar hashtags exist.

 

When you have carefully selected the proper hashtag for your product or business, you can work with your trademark attorney to begin the process of filing for trademark protection with the USPTO.

 

Select Proper Filing Basis

Your filing basis is either “use in commerce” or “intent to use.” If you have already used your trademark in commerce with all the goods or services listed on your application, you will file under “use in commerce” basis. If you have not yet used the trademark in commerce but will in the future, you will file under “intent to use.”

 

Application

Next your attorney will fill out your application and submit it to the U.S. Patent and Trademark Office. The application process is nuanced.  You’ll need to compile certain logistical information about the business, craft an accurate description of your product or services, know the specifics of your mark, and supply proof of your use of the mark in commerce (for “use in commerce” applications).

Minnesota Trademark Registration

The state of Minnesota trademark application process is separate from the federal one. If you would like to register your trademark only in Minnesota, you will need to visit the Minnesota Secretary of State’s registration form resource page. Here you will find the documents you need to register, renew or change the markholder for the trademark. There is also a guide for determining the classification number for your trademark. It’s important to remember that in Minnesota, trademarks are only valid 10 years from the day of filing with the Office of the Secretary of State.

 

Trademark Approval

If the USPTO examining attorney does not raise any objections, or if potential objections are overcome by the applicant, the trademark will be approved for publication and noted in the “Official Gazette” published weekly by the USPTO. You will then receive a notice of publication that states the date on which your trademark officially began being protected.

 

How We Can Help

Our experienced attorneys are here to help you identify the type of trademark you need, register for protection and defend your trademark rights. Whether it’s a hashtag or a brand slogan, your intellectual property is worth protecting. We leverage years of experience in intellectual property law to provide personalized and qualified representation for your unique circumstances. Instead of wondering how to protect your intellectual property rights, get a team that understands the requirements and nuances of this important law area.

 

Before you begin the trademarking process, it’s important to consult with a trademark attorney to ensure that you are aware of your rights, any potential issues, and your requirements.

 

Contact a Minnesota trademark attorney at Bernick Lifson to help with your hashtag trademarking needs today.

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