Can I Trademark a Hashtag?
You can absolutely apply for trademark registration for a hashtag if you are using that hashtag as part of the brand image for a product or service you’re selling. Simply put, in the eyes of the United States Patent and Trademark Office (USPTO), a hashtag is no different from any other word, phrase, or slogan you use to brand your products and services. However, the hashtag must be unique enough to warrant protection, so it can’t be generic or merely descriptive of your products or services. Also, you can’t just take someone else’s trademark, slap an octothorp on the front, and think you’ll be able to trademark that.
Now, keep in mind that getting a registered trademark for a hashtag will not allow you to prevent people from using it on Twitter, Facebook, Google+, or any other social media platform. Instead, you can prevent your competitors from using the hashtag to market their own goods and services.
If you are using a particular hashtag to promote your goods and services, contact us today to speak with trademark attorney Eric Norton to discuss the importance of trademarking your company’s chosen hashtag.