Can I Trademark a Hashtag?

Small Business


Hello – welcome to 2019.


Because it is 2019, this is a legitimate conversation we need to have.


In the world of Instagram fame and viral tweets, creatives need to know whether or not their unique hashtags can count as intellectual property and whether or not that property can be properly trademarked.


With a bit of guidance form Erica DiAngelo from DiAngelo Law, we found out that YES, you absolutely can trademark your unique hashtags.


The difference here is that other people are still able to use the hashtag even though you own it.


Hashtags are now searchable tools that people use on social media – ideally, you would want people to use them all the time if it was synonymous with your brand.


To qualify for a trademark of your hashtag, it must be used to directly identify a product or service. If you qualify, you can protect yourself from the infringement of other entities on your hashtag and prevent them from impersonating your brand. As stated, others are still free to use your hashtag reasonably on social media.


As an example, our company My Clone Solution provides an array or lead generation services. Because the phrase “lead gen” is descriptive in nature, it could not qualify for trademarking. Whereas if My Clone Solution offered a service called the “Super Lead Solution,” we could trademark it because it describes a specific service we offer.


The Golden Rules for trademarking your hashtag are to make sure that it actually works for your business and that it is not too generalized or descriptive. Again, these are general guidelines to trademarking. We always recommend seeking out a local expert for all your trademarking needs.



sign up now

to get the BEST offers and deals!


sign up now

to get the BEST offers and deals!

So Many Great Ideas

so little time

Are you an entrepreneur that can't remember which way you are going right now?

You don't have enough hands, time, clients... or maybe all three?

We specialize in helping you with the things you hate to do or frankly just suck at doing...

When is now the right time to admit that you need help with that growing task list?

You don't have to know what to get done first we can work on that plan together.

Yes, we work with all types of businesses, all over the world and in all budgets.

The time is NOW!

Free Offer Of The Month

5 Profile Tips for More Yeses on LinkedIn

LinkedIn is a huge social media for business connections. If you want to see what people are looking at when determining when to say yes to a connection or a message we have that for you. Click Here For The Free Checklist...

Skip the DIY & Get Your Profile Upgraded by a Clone

You are a smart business owner so let's jump in and get this done now. Our professional copywriters will have a call with you and optimize your profile for you, SPELLCHECK and proper GRAMMER included!. Click Here To Purchase Now...

The Big Leagues... LinkedIn Lead Gen Done For You

Are you wondering how people spend so much time to find leads on social media and you haven't had time for laundry this week? It's because they have help. Santa's elves need something to do the other 11 months of the year. SHHH they are working for us.  Click Here For Program Details...

Pin It on Pinterest

Share This