How To Trademark A Hashtag?

In today’s digital age, hashtags play a significant role in brand identity and marketing strategies. Trademarking a hashtag can protect your brand’s unique identity and prevent others from using it in a way that could dilute your brand or cause confusion among your audience. Here’s to learning how to trademark a hashtag.

Why Trademark Your Hashtag?

Trademarking your hashtag grants you the exclusive right to use it in connection with your products or services. This legal protection helps prevent others from using a similar hashtag that could cause confusion among your audience. For instance, if you create a campaign with the hashtag #BestCoffeeEver, trademarking it ensures that no other coffee company can legally use a similar hashtag, safeguarding your brand identity.

By trademarking your hashtag, you ensure that you have exclusive rights to use it in commerce. This exclusivity is vital in a competitive market where brand differentiation is key. For example, the hashtag #ShareACoke, used by Coca-Cola, is trademarked to prevent other companies from using the same or a confusingly similar hashtag in their marketing campaigns.

A registered trademark adds significant value to your brand. It is a tangible asset that enhances your overall business worth. This can be particularly important if you plan to license your hashtag, sell your business, or seek investment. A trademarked hashtag adds credibility and can attract potential investors or partners.

Trademarking your hashtag acts as a deterrent to others who might consider using a similar hashtag. When other businesses see that your hashtag is trademarked, they are less likely to use a similar hashtag, knowing it could lead to legal repercussions. This helps protect your brand from infringement and maintains its uniqueness.

Registering a trademark for your hashtag demonstrates professionalism and a serious commitment to your brand. It shows that you are dedicated to protecting your digital identity, which can enhance your reputation and build trust with your audience, partners, and investors.

Rebranding can be a costly and time-consuming process. By trademarking your hashtag early on, you can avoid the potential expenses associated with rebranding if another business claims your hashtag or a similar one. This foresight can save you significant time and money in the long run.

If you plan to expand your marketing campaigns or business, having a trademark provides legal protection in other areas as well. Whether you’re launching new products, entering new markets, or creating additional marketing campaigns, a trademark ensures your hashtag is protected across various platforms and initiatives.

How to Trademark a Hashtag

Trademarking a hashtag involves several steps. Each step is crucial to ensure that your application is successful and that your hashtag is adequately protected.

Step 1: Decide How to File

Before starting the trademarking process, decide how you want to file your application. You have three main options:

Direct Filing with USPTO
- File directly with the United States Patent and Trademark Office (USPTO). This option is the most cost-effective but requires you to handle all aspects of the application yourself.
Online Legal Services
- Use online legal services that specialize in trademark registrations. These websites can simplify the process and ensure that your application is correctly filed.
Hiring a Trademark Attorney
- Hire a trademark attorney to handle the process for you. This option is the most expensive but provides expert guidance and increases the likelihood of a successful application.

Step 2: Review the Current Fee Schedule

The USPTO updates its fee schedule periodically. Before submitting your application, review the current fees to understand the costs involved. Being aware of the fees upfront helps you budget for the trademarking process and avoid surprises.

Step 3: Conduct a Thorough Search

Conduct a search in the USPTO’s Trademark Electronic Search System (TESS) to ensure that no similar trademarks are already registered. This step is crucial to avoid potential legal issues and application rejection.

Tips for a Comprehensive Search:

Search Variations: Look for different variations of your hashtag, including common misspellings and similar phrases.
Check Related Classes: Ensure that the term is not already used in related classes of goods or services.
Review Abandoned Trademarks: Understand why previous attempts to trademark the term were abandoned, as this can provide valuable insights.

Step 4: Develop a Strong Argument for Use in Commerce

To convince the USPTO that your hashtag is eligible for trademark protection, you need to provide substantial evidence of its use in commerce. This may include:

Length of Use: Demonstrate how long the hashtag has been used in marketing and promotional materials.

Advertising and Marketing: Show extensive use of the hashtag in advertising and marketing campaigns, highlighting its association with your brand.

Consumer Recognition: Provide surveys, customer testimonials, and other evidence showing that consumers associate the hashtag with your brand.

Step 5: File Your Trademark Application

Once you have developed a strong argument for the hashtag’s use in commerce, you can file your trademark application through the USPTO’s Trademark Electronic Application System (TEAS).

Choose the Appropriate Form: Depending on your circumstances, choose between TEAS Plus, TEAS RF, or TEAS Regular.

Provide Detailed Information: Include all necessary information in your application, such as the hashtag itself, the goods or services it will be used with, and the evidence supporting its use in commerce.

Submit Specimens: Provide specimens showing how the hashtag is used in commerce. This could include screenshots of social media posts, advertisements, or marketing materials.

Step 6: Monitor and Respond to Office Actions

After filing your application, the USPTO will review it and may issue an office action if there are any issues or objections. You will need to respond to these office actions promptly and effectively.

Common Objections: Be prepared to address common objections such as descriptiveness, likelihood of confusion, or lack of distinctiveness.

Legal Assistance: Consider hiring a trademark attorney to help you navigate the office action process and strengthen your case.

Costs of Trademarking a Hashtag

The cost to trademark a hashtag varies depending on the filing option you choose. Here are the three basic options provided by the USPTO:

Direct Filing Fees

When you file directly with the USPTO’s TEAS, you can choose from three basic options:

TEAS Plus
- Basic Filing Fee: $250 per class of goods or services.
- Additional Class Fee: $125 for each additional class.
- Email Communications: Required for further communications.
TEAS Reduced Fee (TEAS RF)
- Basic Filing Fee: $275 per class of goods or services.
- Additional Class Fee: $125 for each additional class (payable later).
- Email Communications: Required for further communications.
TEAS Regular
- Basic Filing Fee: $350 per class of goods or services.
- Additional Class Fee: Fees apply for adding classes of goods and services.

Additional Costs

Trademark Attorney: Hiring a trademark attorney can cost anywhere from a few hundred to several thousand dollars, depending on the complexity of your case.
Marketing and Surveys: Gathering evidence for the hashtag’s use in commerce may involve costs related to marketing materials, consumer surveys, and other forms of proof.

Famous Trademarked Hashtags

#ShareACoke

This campaign was highly successful in creating a personal connection with consumers. By trademarking “#ShareACoke,” Coca-Cola ensured that the hashtag remained exclusive to their brand, preventing others from using it in ways that could dilute its impact or confuse consumers.

#LikeAGirl

The campaign was widely praised for its positive message and impact on gender perceptions. Trademarking “#LikeAGirl” helped Procter & Gamble protect the campaign’s integrity and prevent misuse of the hashtag that could undermine its empowering message.

#IceBucketChallenge

The Ice Bucket Challenge became a global phenomenon, raising millions of dollars for ALS research. By trademarking the hashtag, the ALS Association aimed to protect the campaign from unauthorized commercial use and ensure that the funds raised were directed towards their cause.

#TweetFromTheSeat

This playful campaign helped Charmin engage with their audience in a fun and memorable way. Trademarking “#TweetFromTheSeat” protected the campaign’s uniqueness and prevented competitors from using the hashtag in similar promotions.

#HowDoYouKFC

By trademarking “#HowDoYouKFC,” the company ensured that the hashtag remained associated with their brand, allowing them to monitor and control its use on social media, thus maintaining the campaign’s effectiveness and brand consistency.

#LoveWins

Trademarking “#LoveWins” allowed the Human Rights Campaign to protect this important slogan and ensure it was used in a manner consistent with the values and goals of the LGBTQ+ rights movement.

#MarchMadness

Trademarking “#MarchMadness” helps the NCAA protect the brand and marketing rights associated with the tournament. This ensures that the excitement and commercial potential of March Madness are exclusively tied to their event and official sponsors.

#SFBatKid

Trademarking “#SFBatKid” allowed Make-A-Wish to control the use of the hashtag and protect the integrity of the event. This ensured that the goodwill and positive publicity generated by the campaign remained aligned with the foundation’s mission.

#OptOutside

The “#OptOutside” campaign resonated with consumers who valued outdoor experiences over traditional consumerism. Trademarking the hashtag helped REI protect this unique and impactful campaign, ensuring it remained associated with their brand values and initiatives.

#ThisBudsForYou

Trademarking “#ThisBudsForYou” allows Anheuser-Busch to maintain control over the use of this iconic phrase in social media and marketing. This ensures that the slogan continues to strengthen Budweiser’s brand identity and consumer engagement.

Contact Us:

If you have any questions or need assistance with trademarking your hashtag, our team of experts is here to help. We offer comprehensive support and guidance throughout the trademarking process to ensure your digital identity is protected. Contact us today to learn more about how we can help you safeguard your hashtag and enhance your business. Reach out via email at info@trademarkregistrationagency.com or call us at (760) 309-6650. We look forward to assisting you!

Sissie Hsiao

Sissie Hsiao is the Vice President of Content Marketing and an innovator at heart. With a deep expertise in law, she specializes in the cutting-edge application of trademark and copyright. Sissie's unique blend of legal knowledge and marketing acumen drives her passion for developing forward-thinking content strategies that protect and promote creative works.