Social Media Marketing: Can You Trademark a Hashtag?

StartupNation

Social Media Marketing: Can You Trademark a Hashtag?

Given that a hashtag can be used in advertising and commerce, can they be registered as official trademarks? How to decide if you need to trademark yours.

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Imran Sayyad

trademark is very serious issue.. it popups exact at the time your growth starts.

Olivia Caitlin

Well trademarks are brand specific and if some brand has a trademark over general terms then this will largely affect the small businesses.

marketinggal

Yes, you can indeed trademark a hashtag in the US if it is a source-identifying word for the business owner's goods and services.  

According to the Trademark Manual of Examining Procedure (“TMEP”), a hashtag mark (consisting of the pound/hash sign or the term “HASHTAG”) is registrable as a trademark or service mark if it “functions as an identifier of the source of the [trademark] applicant’s goods or services,” just like any other word or phrase that is sought to be trademarked. See TMEP §1202.18.

Anna Everson

Helpful article for people, who just start business and it's promotion.