If you have your own business and are active on social media, you might be wondering if you can trademark a hashtag for your company. As an experienced trademark attorney, this is a question I’ve come across many times, and the answer depends on how you’re using the hashtag. Let me break it down for you.
Let’s say I want to trademark #socialmedialawandorder for my company. If I’ve only been using this hashtag in my social media posts, the trademark office will likely say no. Why? Because I’m just it on social media, and not using it to identify our particular type of product or service.
Now, let’s say I’m using #socialmedialawandorder in an advertisement or on our website in a prominent manner to promote a specific product or service. This is an entirely different situation, because now I am using it to identify my services with my company. In this way, I may be able to get protection over that hashtag itself, and if I do, I may be able to stop my competitors from using it in a manner that creates confusion or tries to steal the goodwill associated with my brand’s use of the hashtag.
So, if you’re interested in trademarking a specific hashtag, my advice as a social media trademark attorney is twofold:
• First, trademark the words that would otherwise be in the hashtag, so long as those words are used in the trademark sense. You can do that by putting these words onto your website, as well as in your marketing and advertising materials.
• Second, use the hashtag in a trademark sense. You could do that by putting it on your website and creating a logo using the hashtag. That way, you’ve shown that you are using that hashtag to identify your particular goods and services. Then when you use it on social media, you may be able to get protection over competitors who are trying to use those unique words and the hashtag to steal your business away.
If you’re interested in getting a trademark on your hashtag, you need to consult with a trademark law firm who understands precisely what the United States Patent and Trademark Office needs to approve your request. Don’t forget – you can always contact us with your questions. As a team of dedicated social media lawyers at The Social Media Law Firm, we have over 10 years of experience helping our clients understand social media law, including trademark issues. Contact us anytime, and we can work together to make sure your brand, and your hashtag, are #protected.
