Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: November 21, 2017
The Firm
201-896-4100 info@sh-law.comWhile the # symbol once referred to numbers, it is now synonymous with social media. As a result, businesses are increasingly seeking to incorporate hashtags into their trademark registrations. While hashtags may be a relatively recent phenomenon, the standard rules generally apply when seeking to register a trademark that incorporates the symbol.
Hashtags started on Twitter as a way to link posts on the site, but are now used on a wide range of social media platforms. From social causes to television shows, to news events, there is virtually no limit to what word or phrase can be used as a hashtag. In 2014, the word “hashtag” gained official recognition in the Merriam-Webster Dictionary. The official definition is: “A word or phrase preceded by the symbol # that classifies or categorizes the accompanying text (such as a tweet).”
According to a recent trademark study conducted by CompuMark, the number of hashtag trademark applications filed globally increased 64 percent from 2015 to 2016. Since the first ever trademark application for a hashtag was filed in 2010, there have been well over 5,000 applications. Nearly half were filed in 2016. Not surprisingly, CompuMark found that the United States overwhelmingly led the world with regard to the number hashtag trademark applications filed in 2016, with 608 in total.
In response to a flood of registration applications for trademarks containing hashtags, the U.S. Patent and Trademark Office (USPTO) advised its trademark examiners in 2013 that a mark comprising or including the hash symbol (#) or the term HASHTAG can be registered as a trademark or service mark so long as it “functions as an identifier of the source of the applicant’s goods or services.” This is the same standard that applies to any other word or phrase that is sought to be trademarked.
Accordingly, combining a hashtag with generic or merely descriptive words or phrases does not qualify for registration as a trademark. However, pairing arbitrary or suggestive words and phrases with the # symbol or “HASHTAG” term does entitle the owner to trademark protection, so long as they function to identify the source of goods or services. Examples of successfully registered marks include the Coca-Cola Company’s #Smilewithacoke and Mucinex’s #Blamemucas.
As social media hashtags have grown in popularity, their business value has also grown. If your company has successfully incorporated social media hashtags into your marketing campaigns, it may be time to think about protecting their intellectual property value as well. In addition to deterring others from using similar marks, owners of registered trademarks are entitled to sue for damages in federal court.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Corporate consolidation involves two or more businesses merging to become a single larger entity. The result is often a stronger and more competitive company that can better navigate today’s competitive marketplace. What Is Corporate Consolidation? Corporate consolidation closely resembles a basic merger transaction. The primary difference is that a consolidation creates an entirely new business […]
Author: Dan Brecher
Business law plays a critical role in nearly every aspect of running a successful enterprise, from negotiating a commercial lease to drafting employee policies to fulfilling corporate disclosure obligations. Understanding what is business law and your legal obligations can help your business run smoothly and build productive relationships with clients, business partners, regulators, and others. […]
Author: Dan Brecher
Corporate transactions can have significant implications for a corporation and its stakeholders. For deals to be successful, companies must act strategically to maximize value and minimize risk. It is also important to fully understand the legal and financial ramifications of corporate transactions, both in the near and long term. Understanding Corporate Transactions The term “corporate […]
Author: Dan Brecher
Ongoing economic uncertainty is forcing many companies to make tough decisions, which includes lowering staff levels. The legal landscape on both the state and federal level also continues to evolve, especially with significant changes to the priorities of the Equal Employment Opportunity Commission (“EEOC”) under the Trump Administration. Terminating an employee is one of the […]
Author: Angela A. Turiano
While filing annual reports may seem like a nuisance, failing to do so can have significant ramifications. These include fines, reputational harm, and interruption of your business operations. In basic terms, “admin dissolution for annual report” means that a company is dissolved by the government. This happens because it failed to submit its annual report […]
Author: Dan Brecher
Antitrust laws are designed to ensure that businesses compete fairly. There are three federal antitrust laws that businesses must navigate. These include the Sherman Act, the Federal Trade Commission Act, and the Clayton Act. States also have their own antitrust regimes. These may vary from federal regulations. Understanding antitrust litigation helps businesses navigate these complex […]
Author: Robert E. Levy
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!