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How to Copyright a YouTube Channel Name

     By Michael Kondoudis, YouTube Trademark Lawyer

The correct way to protect a YouTube Channel name is with a trademark, not a copyright.  This article explains how and why a trademark can protect the name of a YouTube Channel.

 

Can you copyright the name of a YouTube Channel?

No, you cannot copyright the name of a YouTube Channel. Names, including the name of a YouTube Channel, do not qualify for copyright protection.  Examples of names that cannot be copyrighted include:

  • The name of an individual (including pseudonyms, pen names, or stage names)
  • The name of a business or organization
  • The name of a band or recording artist
  • The name of a product or service
  • The name of a character
  • A domain name or URL

The way to protect a name, including a YouTube Channel Name, is with a trademark. Read more about how to trademark Your YouTube Channel.

 

How do you copyright a YouTube Channel Name?

In short, you cannot copyright the name of a YouTube Channel. Names, including the name of your YouTube Channel cannot be copyrighted. But you can often TRADEMARK the name of a YouTube Channel. 

 

How do you protect a YouTube Channel Name?

The best way to protect a YouTube Channel Brand is to trademark the name, logo (artwork), and slogan that you use to promote it. Trademarks are the easiest and best way to protect any brand. Read more about when you can trademark a YouTube Channel.

 

Why should you protect the name of your YouTube Channel?

The name of your YouTube Channel is the cornerstone of your YouTube Brand, and branding on YouTube is as important as your content.  Trademarking your YouTube Channel Name will:

  • identify you as the source of your YouTube content
  • provide legal protections for your YouTube Channel Brand
  • help guard against imitations and copycats

Read more about why you should trademark your YouTube Channel.

 

Do you need help with your trademark?

What is a trademark?

A trademark is a signal to consumers that distinguishes the source of goods or services from one enterprise from those of others.  Trademarks represent and protect brands, including YouTube Channel brands. The most common trademarks are words (names), phrases, and logos. 

 

What is a copyright?

A copyright is a type of intellectual property that protects creative works, including performances, musical, and artistic works. Examples of copyrightable works include novels, songs, paintings, photography, and movies.

Since the name of a YouTube Channel is not a creative work, it does not qualify for copyright. Read more about the differences between trademarks and copyrights.

 

Register Your Trademark or Copyright

Federal registration of the name of your YouTube Channel ensures that it is protected.  And, working with an experienced trademark attorney maximizes your chances of success during the application process; maximizes your trademark protections; and minimizes how long it will take.  Learn why here.

For these reasons (and many others that are far beyond the scope of this article), the U.S. Patent and Trademark Office encourages applicants to work with a trademark attorney. So, do yourself and your business a favor. Hire an experienced trademark attorney. You’ll maximize your chances of success, minimize the risk of overpaying the Government for your trademark, get a better result, and save yourself time and worry.

TAKE THE NEXT STEP

Ready to LEGALLY own your YouTube channel?

We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in legally owning your YouTube channel name, we invite you to book a FREE brand protection strategy session with us here.

Trademark vs. Copyright – AN EASY GUIDE

Trademarks protect brands from imitations.  Copyrights protect creative works from copying.

This is our new EASY guide to trademarks, copyrights, and the differences between them.  So if you want to understand how to use trademarks and copyrights to protect your hard work, then this guide is for you.

PART I: Trademark 

    • What is a trademark?
    • How do trademarks do?
    • What can be a trademark?
    • How do you protect a trademark?
    • Where do you register a trademark?

PART II: Copyright

    • What is a copyright?
    • What does a copyright do?
    • What can be copyrighted?
    • How do you protect a copyright?
    • Where do you register a copyright?
    • What goes into a copyright notice?

PART III: Differences Between Copyright and Trademark

PART IV: Trademark vs Copyright vs Patent

PART V: Frequently Asked Questions

PART I: TRADEMARKS

In this section, we’ll go over the basics of trademarks and what they protect.

What Is A Trademark?

A trademark is a distinctive word, phrase, symbol, or other “signal” that represents your brand identity. They tell customers which products or services come from your business. A trademark distinguishes your products (or services) from the competition and helps stop imitations

When you protect a trademark, you protect the brand that goes with it.

What Does A Trademark Do?

Trademarks represent brands. A trademark tells customers which products or services come from your business. So, trademarks help customers identify your business as the source of a product or service. A trademark individualizes a product or service and differentiates it from the competition.

• Trademarks help customers find the products and services that they like, which helps make them repeat customers.

• Trademarks also help customers recommend products and services to their friends, which is free marketing.

• Trademarks convey stability and trust and tap the human preference for visuals, which makes your marketing more effective and less expensive.

What Can Be A Trademark?

Almost anything that identifies and distinguishes a business’s products or services can be trademarked, including  words, names, phrases, symbols, designs, sounds, characters, colors, and color schemesso long as they are used as a brand

The most popular types of marks are names, logos, and slogans because they represent brands so well.

How Do You Protect a Trademark?

The best way to protect a trademark is to register it and get a Federal Trademark. 

Where Do You Register a Trademark?

The U.S. Patent and Trademark Office (USPTO) registers trademarks. To get a trademark registration, you need to apply to the USPTO and then navigate an examination process. Trademark registrations are granted by the USPTO.

PART II: COPYRIGHTS

In this section, we’ll go over the basics of copyrights and what they protect. 

What Is A Copyright?

A copyright protects creative and artistic works like songs, books, photographs, movies, and performances.  Copyrights ensure that artists and creatives are rewarded for their artistry.

A copyright gives you the exclusive right to use a work in a variety of ways: including:

    • Reproducing the work
    • Preparing derivative works based upon the work
    • Performing the work publicly
    • Displaying the work publicly

What Does A Copyright Do?

Copyrights empower authors and creatives to control how their artistic works are reproduced, distributed, performed, and displayed.

The primary purpose of copyrights is to encourage and reward authors and creatives. By protecting creative works, artists and creatives are encouraged to create new works.

What Can Be Copyrighted?

Almost any artistic or creative work can be copyrighted.  They protect against unauthorized copying of creative works. Examples of artistic and creative works that can be copyrighted include:

  • Books, novels, and stories
  • Poems
  • Photographs and paintings
  • Movies and videos
  • Song lyrics and sheet music
  • Sound recordings

How Do You Protect A Copyright?

Copyright protections are automatic.  They begin the very instant that you create an artistic work.  This means you do not need to register your work for it to be protected. But unregistered works may be difficult to protect if they are copied, and you can only file a copyright infringement lawsuit if your copyright is registered. So, while registration isn’t required for copyright protection, registration with the U.S. Copyright Office is usually a good choice.  

Where Do You Register A Copyright?

The U.S. Copyright Office, which is part of the Library of Congress, registers copyrights. To get a copyright registration, you need to apply to the Copyright Office and then navigate an examination process. Copyright registrations are granted by the U.S. Copyright Office. 

After applying to the Copyright Office, you should consider adding a copyright notice to your work.  It is not a requirement but is a good practice because it shows that you own the creative work and deters others from using it without permission. 

What Goes Into A Copyright Notice?

A copyright notice includes the following three items:

  • The copyright symbol © or the word “copyright”
  • The name of the copyright owner
  • The year of publication

PART III: DIFFERENCES BETWEEN COPYRIGHT AND TRADEMARK

In this section, we answer the question “what is the difference between copyright and trademark?”

A Difference Between Copyright And Trademark And Copyright

One difference between copyright and trademark is what they protect. Copyrights protect artistic, creative works of authorship such as plays, books, movies, and songs. Trademarks protect brands such as names, logos, and phrases.

Another Difference Between Copyright And Trademark 

Another difference between copyright and trademark is how they are registered. Copyrights are administered by the U.S. Copyright Office, a part of the Library of Congress. In contrast, trademarks are administered by the U.S. Patent and Trademark Office.

Other Differences Between Copyright and Trademark

Additional differences between copyright and trademark is duration and legal protection. 

Copyrights last for the life of the author plus 70 years, while trademarks can last indefinitely, as long as they are renewed every 10 years. Also, copyrights give the owner the exclusive right to reproduce, distribute, and display their work, while trademarks only give the owner exclusive rights to use the mark in connection with their products or services.

Do you need help with your  trademark?

Top 7 Differences Between Trademark And Copyright

1. Trademarks protect brands, copyrights do not

2 Copyrights protect creative and artistic works, trademarks do not

3. Trademarks must be used in commerce, copyrighted works do not need to be used in commerce

4. Trademarks are administered by the U.S. Patent and Trademark Office, copyrights are not

5. Copyrights are administered by the Copyright Office of the Library of Congress, trademarks are not

6. Copyrights last for the life of the author plus 70 years, while trademarks can last indefinitely

7. Copyrights give an owner the exclusive right to reproduce, distribute, and display their work, while trademarks give an owner exclusive rights to use the mark in commerce

PART IV: TRADEMARK VS COPYRIGHT VS PATENT

In this section, we compare protections of trademarks vs. copyrights vs. patents.

Patents, copyrights, and trademarks are different types of intellectual property. Each one offers different protections for different types of intangible properties (i.e., brands, creative works, and inventions). The distinctions among the three can be subtle, and often the same product or service may involve more than one of these intellectual property or “IP” rights.

The key to understanding the differences between trademarks, copyrights, and patents is in what they protect.

 

Trademarks protect brands.

Trademarks distinguish a company’s products from the competition and help customers find and rely on brands they know and trust.

Names, logos, colors, and even sounds can all be trademarks – if they are used to distinguish products.

Federal trademarks, the most common and most valuable type, are granted by the U.S. Patent and Trademark Office. They continue indefinitely so long as they are renewed.

 

Copyrights protect creative works.

Copyrights ensure that artists and creatives are rewarded for their artistry.

Novels, movies, poetry, photographs, songs, and even computer software can be protected by copyrights.

Copyright protects the form of expression (e.g., words) rather than the mode of expression (i.e., paper).

Copyrights are administered by the Copyright Office of the Library of Congress.

 

Patents protect inventions.

Patents help encourage inventors to keep inventing.

Patentable works include “new” and “useful” machines, industrial processes, chemical compositions, and even some plants. There are two main types of patents:

(1) Utility patents for how something works (e.g., machines, articles of manufacture, or compositions of matter);

(2) Design patents for how something looks (ornamental features).

Patents are granted exclusively by the U.S. Patent and Trademark Office in exchange for public disclosure of the invention in the patent document.

PART V: FREQUENTLY ASKED QUESTIONS ABOUT COPYRIGHT VS TRADEMARK

In this section, we answer frequently asked questions about copyrights vs. trademarks .

1. Do you trademark or copyright a logo?

You trademark a logo.  Logos are trademarked.  You protect a logo by trademarking it. With a logo trademark, you can prevent competitors from using your logo in connection with their products or services. Logos are not copyrighted.

If you have a logo, and you want to protect it, then you need a trademark.  Famous examples of trademarked logos are the McDonald’s “Golden Arches” and the Nike “Swoosh.”

When a logo is trademarked, competitors will not be permitted to offer products or services under the same logo or anything similar.

Logo = trademark

 

2. Do you trademark or copyright a name?

You trademark a name.  Names are trademarked.  You protect a brand name by trademarking it. With a name trademark, you can prevent competitors from using your name in connection with their products or services. Names are not copyrighted.

If you have a product and want to protect the name, you would need a trademark.  Famous examples of name trademarks include IPHONE® and BIG MAC®.   

When a name is trademarked, competitors will not be permitted to offer products or services under the same name or anything similar.

Name = trademark

 

3. Do you trademark or copyright a business name?

You trademark a business name.  Business names are trademarked.  You protect the name of a business by trademarking it. With a name trademark, you can prevent competitors from using your business name in connection with their products or services. Business names are not copyrighted.

If you have a business and want to protect its name, you would need a trademark.  Famous examples of trademarks for business names include GOOGLE®, APPLE®, and COKE®.

When a business name is trademarked, competitors will not be permitted to offer products or services under the same name or anything similar.

Business name = trademark

 

4. Do you trademark or copyright a phrase?

You trademark a phrase.  Phrases are trademarked.  You protect a phrase by trademarking it. With a trademark, you can prevent competitors from using your phrase in connection with their products or services. Phrases are not copyrighted.

If you have a service and want to protect a phrase that you use to brand it, you would need a trademark.  Famous examples of trademarks for phrases include DON’T LEAVE HOME WITHOUT IT® and WHAT’S IN YOUR WALLET?®.

When a phrase is trademarked, competitors will not be permitted to offer products or services under the same phrase or anything similar.

Phrase = trademark

 

5. Do you trademark or copyright a slogan?

You trademark a slogan.  Slogans are trademarked.  You protect the slogan of a business by trademarking it. With a trademark, you can prevent competitors from using your slogan in connection with their products or services. Slogans are not copyrighted.

Well-known examples of slogans for businesses include and Apple’s THINK DIFFERENT® and McDonald’s I’M LOVIN’ IT®.

When a slogan is trademarked, competitors will not be permitted to offer products or services under the same slogan or anything similar.

Slogan = trademark

 

6. Do you trademark or copyright a stage name?

You trademark a stage name.  Stage names are trademarked.  You protect a stage name by trademarking it. With a stage name trademark, you can prevent competitors from using your stage. Stage names are not copyrighted.

If you have a stage name that you want to protect, you would need a trademark. Famous examples of trademarks for stage names include LADY GAGA, DRAKE, SPIKE LEE.

Stage name = trademark

How We Secure Trademarks for Our Clients

Ready to legally own your trademark?

We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in protecting your character, we invite you to book a FREE brand protection strategy session with us here.

Which Trademark Symbols Should You Use? – In Plain Language

registered trademark symbol

If you have a Federal trademark registration, you should use the letter R in a circle — ®. Otherwise, you should use TM or SM.  Trademark Symbols matter.

 

Knowing which trademark symbol you should use (and when to use that symbol) can be confusing. There are different symbols for different types of trademarks. This blog answers these questions – in plain language.  This post discusses and answers the following important questions:

  1. How many trademark symbols there are
  2. What the different trademark symbols mean
  3. When to use each of the different trademark symbols

 

How many trademark symbols are there?

There are three trademark symbols. 

 

What are the different trademark symbols? 

The three trademark symbols are:

  1. the small capitalized letters TM
  2. the small capitalized letters SM, and
  3. the letter R in a circle — ®

 

Which trademark symbol should I use?

It depends on whether you have a federal registration for your trademark.  Read about all of the advantages of Federal trademark protection here.

If you have a federal registration for your trademark, then you can and should use the ® symbol, which is sometimes referred to as “the circle r.” The ® is the most recognizable trademark symbol and signals that a trademark is protected by federal law.

If you DO NOT have a federal registration for your trademark, then you should use the TM or SM symbols next to your trademark.  This includes while your application for federal trademark registration is pending at the U.S. Patent and Trademark Office (USPTO).  Until the USPTO issues your official registration certificate, you should not use the ® symbol.

A word of warning.  It is unlawful to use the R if you have not registered your trademark with the U.S. Patent and Trademark Office. So, just don’t do it.

 

 

 

What does the TM trademark symbol mean?

The TM symbol is short for trademark. The TM symbol is often seen in superscript like this: TM If your brand is for a product (toothbrushes, t-shirts, mobile apps), you should use the TM symbol.

 

What does the SM trademark symbol mean?

The SM symbol is short for service mark. The SM symbol is often seen in superscript like this: SM If your brand is for a service (accounting, landscaping, entertainment), then you should use SM.

 

What does the ® trademark symbol mean?

The ® symbol is short for registered trademark. This symbol can be used with any type of registered trademark, including names, logos, phrases, and slogans.  Read more about when and how to use Trademark Symbols here.   

 

Ready to take the next step toward LEGALLY owning your Brand?

We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in protecting your name, logo, or slogan, we invite you to book a FREE brand protection strategy session with us here.

Can You Trademark A YouTube Channel Name?

Branding on YouTube is as important as content. You need to know how to protect both.

Can You Trademark YouTube Channel

By Michael Kondoudis, YouTube Trademark Attorney

Consistent branding, through your copy, images, and artwork, tells your story and the “why” behind your channel.  It is a powerful way to make a connection with viewers and subscribers. Branding is the key to attracting and retaining viewers and subscribers. The importance of protecting your YouTube Channel Brand cannot be overstated.

This blog answers the question: Can you use trademarks to protect a YouTube Channel?

If you need to know if trademarking can help you, read on.  This guide is for you.

Let’s get started!

Can You Trademark a YouTube Channel?

Yes, you can trademark a YouTube channel. A YouTube Channel is an entertainment service, which is protectable by trademarks. So, you can trademark your YouTube Channel name, logo, and slogan used to promote your YouTube channel.

®  Want help with your trademark?  

Do You Need to Trademark a YouTube Channel Name?

Yes, you need to trademark the name of your YouTube Channel. YouTube is becoming more popular every day.  Great names for great channels are very valuable.  If you do not protect the name of your YouTube Channel, anyone can use it and possibly even steal it.  If that happens, you would be forced to rebrand.

What Parts of a YouTube Channel Brand Can Be Trademarked?

The name, logo, or slogan used to promote your YouTube channel can be trademarked.

It is helpful to think of a YouTube Channel like a television network. After all, both provide audiovisual entertainment. Television networks like ABC, CBS, and NBC trademark their names, their logos, and their slogans (e.g., “proud as a peacock” or “must-see tv”).  So, you can (and should) do the same with your YouTube Channel Brand.

Read why trademarks are the ultimate protection for any brand.

What Parts of a YouTube Channel Cannot be Trademarked?

Not every part of a YouTube channel can be trademarked.  You cannot trademark content, such as videos and photos. Trademarks protect how you identify and promote your content. A trademark will not prevent another YouTuber from creating videos that are similar to yours. 

But, there is good news.  YouTube provides resources for content creators to file copyright complaints to stop unauthorized use of your content. 

We make trademarks easy!

How Do You Trademark a YouTube Channel?   

To trademark a YouTube Channel name, logo, or slogan, you need to apply to the U.S. Patent and Trademark Office.  Learn about how here

A word of warning – filing an application starts a Federal legal proceeding that can be very confusing and complicated.  For this reason, and many others, the U.S. Patent and Trademark Office recommends that you work with a trademark attorney.  Learn why.

When Should You Trademark a YouTube Channel?

Most experts agree that you should trademark a YouTube channel brand earlier rather than later. If you plan on investing your valuable time, energy, and creativity into building a YouTube brand, if it generates a decent amount of income, or you are interested in live streaming, you should trademark your YouTube Channel name as soon as possible. 

Condensed Summary

When It Comes to YouTube Channel Names, Trademarks are Your Best Friend

The answer is clear – you trademark a YouTube channel name. Trademarks are specifically designed to protect brand identifiers like YouTube channel names, logos, and slogans.

The U.S. Patent and Trademark Office (USPTO) accepts applications to trademark YouTube channel names, and applicants register trademarks for YouTube channel names every day. Trademarking a YouTube channel name offers stronger and broader protection, ensuring that you have the exclusive legal right to use the mark and prevent the use of any mark that is identical or confusingly similar to your trademark.

 

When It Comes to YouTube Content, Copyrights are What’s Called For

You copyright YouTube content, like vidoes. Copyrights shield creative and expressive works like movies, TV shows, songs, and plays from copying.

 

Why Trademark a YouTube Channel Name Instead of Copyrighting It?

Trademarks protect brands, like names of YouTube Channels.  Copyrights protect expressive and creative works, like YouTube videos and other content.  So, you trademark the name of a YouTube Channel and you copyright the vidoes you put on your channel. 

 

Summing Up: Trademark Your YouTube Channel Name for the Best Protection

So there you have it! Next time someone asks you whether to copyright or trademark a YouTube channel name, you can confidently tell them to go for a trademark registration. This option provides stronger and more comprehensive legal protection for business owners looking to safeguard their YouTube channel names and brand identifiers.

Take the Next Step and Legally 

Own Your Trademark

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Take the Next Step Legally Own Your Trademark

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Seven Killer Ways to Brand Your YouTube Channel

It can be a hard truth to accept. YouTube audiences have short attention spans.  Even though you make entertaining and valuable content, you will still miss subscribers and views – unless you do one thing.  What is that one thing?  You need to develop and nurture your YouTube brand.

 

Why Do You Need to Brand Your YouTube Channel

To increase views and subscribers and, later, sponsorship revenue and live streaming opportunities. Branding makes it easier for viewers to find and identify your content. The easier you make it for visitors to quickly find and identify your content, the more likely they are to discover your content and subscribe.

 

How Do You Brand a YouTube Channel? 

The good news is that developing and nurturing your YouTube Channel brand does not have to be complicated.  Here are seven tips that will help you grow and protect any YouTube Channel Brand:

1. Choose a protectable name

2. Use a stylized channel banner

3. Make a channel trailer

4. Use consistent, custom thumbnails and profile pictures

5. Use a video bumper with a name and/or logo

6. Organize your content into playlists

7. Use the correct trademark symbol

8. Consult a trademark professional

 

1. Choose a Protectable Name for a YouTube Channel

Picking names that cannot be trademarked is the #1 mistake YouTubers make when naming their channels.  By picking unprotectable names, many YouTubers discover too late that their brands are at risk.

The hallmark of a trademark is that it is a “source identifier” for a product.  On YouTube, the product is content and the sources are content creators.  So, on YouTube, avoid names that describe the subject matter of your videos.  For example, a YouTube channel about hiking should not be named “The Hiking Channel.” A channel about vintage cars should not be named “Vintage Cars.” 

Read more about how to pick a strong trademark here.

 

2. Make a Customized YouTube Channel Banner

A YouTube Banner is the large banner that goes across the top of your channel page. A banner visually communicates a channel’s brand and personality.

Channel banners are prime real estate. They can do much more than just show off logos and graphics. Use yours to start educating your viewers on what kind of channel you are, how often you upload, and share helpful links. This will help viewers understand what to expect from your content and the value your channel presents.

Remember that your banner is the first impression that visitors get when they visit your channel home page.  So, use an image that represents your channel. 

Tip: You can brand your banner by either including your logo or creating a unique image in the same color palette that you use in your other marketing material. Your channel art should be attractive and consistent with your brand. Canva is a great resource for making banners.

 

3. Make and Enable a YouTube Channel Trailer

A trailer is a video that appears when someone visits your channel. In many ways, it is like a personal greeting to visitors to your channel.  A Channel Trailer helps people quickly learn about your YouTube channel. This trailer is automatically displayed at the top of a YouTube Channel Page for non-subscribed visitors.

A channel trailer is an opportunity to almost personally shake the hand of every viewer who comes to your YouTube channel, capture their attention, explain your cause, and earn their attention.

Remember that a majority of your visitors will only visit your channel home page once, YouTube statistics show. So, create a short video keeping first-time visitors in mind. A simple formula to follow would be to introduce yourself, explain your channel, describe the type of content you upload, and how often you upload.

While there’s no perfect length for a trailer, YouTube recommends keeping your channel trailer “short.” YouTube marketing experts recommend that you limit the length of your trailer to 30-60 seconds.

Enabling a YouTube channel trailer takes just four steps. 

  1. Sign in to YouTube Studio.
  2. From the left menu, select Customization. Layout.
  3. Under Video spotlight, click ADD and select a video for your channel trailer.
  4. Click Publish.

 

4. Use Consistent, Custom Thumbnails and Profile Pictures

YouTube is about more than just video content.  Images play an important role. Consistent, custom thumbnails essentially stamp your content with your brand and help viewers find your content in search and suggested results. High-quality profile pictures, because they appear in more places than any other channel element, are indispensable.

Profile picture: Your YouTube profile picture makes the first impression people will have on YouTube, which may determine whether or not people click on your channel. 

If you are a company, consider using your logo or an image with your business name on it. If you are a vlogger, you can use your headshot. Just make sure that you use the same logo/headshot on your other social media channels and your website to maintain brand consistency. 

Thumbnail: The thumbnail is what YouTubers will see when your content is suggested to them. So, obviously, it matters. Also, keep in mind that the better it looks, the more people will click on your video and watch it.

 

5. Use a Bumper with a Name and/or Logo

This one may seem like overkill but remember that a new viewer will not be familiar with your channel and its content.  Even a simple 5-second bumper can be effective, and this practice has become widespread.  Don’t be shy – plug away! 

 

6. Organize Your Content into Playlists.

Playlists are a group of related YouTube videos grouped by topic or theme. When a user watches a playlist, the other videos in that playlist automatically play.

Playlists are important, and a lot of YouTubers don’t take advantage of this feature. Some of the benefits include:

  • giving a potential subscriber a look into the types of videos you create without having to watch them. 
  • making it easy to curate your content into different categories, which makes it easier for visitors to find the right content for them.
  • increased watch time because playlists automatically play all of the videos in that playlist.
  • improved video SEO because playlists can rank for keywords that your audience searches for on YouTube.

Tip: make a “best of” playlist.

 

7. Use the Correct Trademark Symbols With Your Channel Name, Logo and Catchphrase

Trademarks convey scale a gravitas by showing that you take your channel seriously.  Using the correct symbol is essential.  For a Federally registered trademark, you should use the ® symbol.

Learn all about trademark symbols and how to use them here.

 

8.  Consult a Trademark Professional

We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in protecting your YouTube Channel name, we invite you to book a free brand protection strategy session with us here.

How To Trademark Your YouTube Channel – ALL YOU NEED TO KNOW

The name of your channel is your brand. Trademarks protect brands, like YouTube channel names. If you want prevent anyone else from using it or taking it from you, you need to trademark it.

Trademark YouTube Channel

By Michael Kondoudis, YouTube Trademark Attorney

This is our ULTIMATE guide to how to trademark the name of a YouTube channel.

As a YouTuber, one of the most valuable assets you own is your name. It plays a crucial role in setting you apart from other content creators. All of your hard work, creativity, dedication and investment is tied to your name. That is what makes it so valuable.

But how do you safeguard this valuable asset? How do you protect the name of a YouTube channel?

That’s where trademarks come in.  Registering your YouTube channel name is the best way to protect it.

In this ultimate guide, we discuss protecting YouTube channels with trademarks and answer important questions about trademarking. In fact, this is some of the same information that we use to register YouTube channel trademarks for our clients

If need to learn about trademarking your YouTube channel name, then read on. This guide is for you.

Let’s get started!

YouTube Channel Trademark

CONTENTS

I. PROTECTING A YOUTUBE CHANNEL

How Do You Protect A YouTube Channel?

The best way to protect a YouTube Channel is to trademark the name, logo, and any slogan that you use to promote the channel. Trademarks protect brands, including YouTube Channel brands. Trademarking your YouTube Channel is the best way to protect it.

Can you legally protect your YouTube Channel name?

Yes, you can legally protect the name of your YouTube Chanel with a trademark. Trademarking your YouTube Channel name is official confirmation that you legally own it. Confirming the legal ownership of the name of your YouTube Channel ensures name recognition for your content.

How do you protect your YouTube Channel name?

The most effective way to protect the name of your YouTube Channel is to trademark it. Trademarking your YouTube Channel name will protect it by giving you exclusive rights to your channel name and preventing others from using the same or similar name.

Many YouTubers wonder if they can trademark the name of a YouTube Channel.

To be clear; the answer is YES. You can trademark a YouTube Channel name, and many YouTubers have! Trademarking the name of your YouTube Channel is the most effective way to protect it and the brand identity you’re building in your channel.

II. A BIT ABOUT TRADEMARKS

What is a Trademark?

A trademark is a badge of origin that distinguishes the source of goods (or services) from one enterprise from those of others.  The most common trademarks are words (names), phrases, logos, and designs.

The primary purpose of a trademark is to prevent consumer confusion by making sure that competitors do not use the same or similar name or symbol.

A Federal trademark is an enhanced trademark that has been certified by the U.S. government. It comes with exclusive nationwide legal rights.

Protecting a YouTube Channel Infographic

III. WHICH PARTS CAN BE TRADEMARKED?

Which Parts Of A YouTube Channel Can You Trademark? 

The name, logo, or slogan that you use to promote your YouTube channel can be trademarked.  

A great example is the Youtuber MrBeast, with over 165 million subscribers. He has trademarked his unique name and logo for online content, clothing, and more.

U.S. Trademark No. 5,930,575 for MRBEAST Name

MrBeast Name Trademark Registration

Stop Worrying About Your Trademark!

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New Applications – Legally own your trademark.

Office Actions – We can navigate the trademarking process at the USPTO.

Enforcement – Flex your trademark rights. Stop copycats.

IV. TRADEMARKING A YOUTUBE CHANNEL

How Do You Trademark A YouTube Channel?

You trademark the name of your YouTube Channel by applying to the U.S. Patent and Trademark Office (USPTO) and getting your application approved for registration. Trademarking a YouTube Channel name is a legal process that usually takes about 12 months. So, the sooner you start trademarking your YouTube Channel name, the better.

Here’s how to start the process to trademark the name of your YouTube Channel:

  • Select a unique name and logo. Read more about how to pick a strong trademark here
  • Check whether anyone else has registered or applied to register the name and logo
  • Collect the required information and decide on a trademarking strategy
  • Prepare and file your new application (correctly) with the U.S. Patent and Trademark Office, or “USPTO,” for short.
  • Navigate the USPTO application review process, which takes several months.
  • Use the correct trademark symbol with your channel name.  Read more about trademark symbols here

     

The USPTO will grant your application and add your trademark to the list of Federal (registered) trademarks IF your application meets all of the requirements of the Federal Trademark Statute. If the USPTO does not initially grant your application (which happens over 80% of the time), you would need to respond to the reasons for the rejection.

When Should You Trademark A YouTube Channel?

Most experts agree that you should trademark a YouTube channel brand sooner rather than later. So, if you are serious about your YouTube channel, it generates a decent amount of income, or you are interested in live streaming, you should trademark the YouTube channel name as soon as possible. The urgency is even greater when your YouTube channel is established, and you are frequently creating and uploading videos.

Simply put, the sooner you file your trademark application, the better.

V. WHY YOU SHOULD TRADEMARK YOUR YOUTUBE CHANNEL

Why Should You Trademark Your YouTube Channel? 

Branding on YouTube is as important as content.

A trademark will prevent any other YouTube channel from using your name, logo, and slogan. This is an essential step in building your YouTube channel’s brand.

Trademarking your YouTube Channel confirms YOUR legal ownership of it and how it is used. Legal ownership means that no one can take it from you, and you won’t ever be forced to rebrand.

Also, trademarking your YouTube channel prevents other YouTubers from using your name, logo, and slogan for their channels.  This, in turn, ensures that your channel remains distinctive.

Plus, trademarking your YouTube Channel makes merchandising easier.  For example, the YouTuber PewDiePie (100+ million subscribers) uses his distinctive PEWDIEPIE name and his caricature logo to brand his channel. These brand elements protect the way that his content is identified and promoted. This protection can also extend to promotional materials, or even merchandise like clothing, though it’s probably a good idea to also file for a separate mark on merchandise if it is a major revenue stream.

Trademarking your YouTube channel is an essential step in building a specific brand identity for your channel. Building and protecting a brand identity makes it easier:

  • for your followers to find your newest content
  • to leverage your channel into merchandise like t-shirts, hats, and posters
  • to have profitable live streams and sponsorship opportunities.

If you don’t trademark your YouTube Channel, then you won’t have exclusive rights to it. Other YouTubers could use your name and logo or ones that are really close.

IMPORTANT UPDATE FOR 2023: YouTube has recently implemented a system to stop trademark infringement. YouTube already has policies that specifically prohibit infringement of registered trademarks. Now, YouTube has an automatic trademark infringement scanning service. Any videos that are found to infringe existing trademarks are blocked and channels suspended. More information about this system can be found here.

VI. DO YOU NEED A TRADEMARK LAWYER?

Do Have to Use a Trademark Attorney ?

No, but the U.S. Patent and Trademark Office strongly recommends that all applicants work with a trademark attorney – for several reasons. (see below).

Why You Should Work With a Trademark Attorney

Filing a trademark application with the U.S. Patent and Trademark Office to register your YouTube Channel Brand starts a legal process that can get complicated, expensive and confusing.  Working with a trademark attorney can make the process go smoother, faster, and result in better protection. That’s why the USPTO strongly recommends you work with a trademark attorney.

Also, studies show that working with a trademark attorney can increase your chances of successfully trademarking your brand by over 50%.

Your YouTube Channel Brand is essential to your online success. Filing a trademark isn’t a simple process, but the protection it affords your brand is worth your time and effort. If you do it correctly, you can secure your brand for years to come.

Take the Next Step and Legally 

Own Your YouTube Channel Name!

Schedule a Free Strategy Call

Take the Next Step Legally Own Your YouTube Name!

Request a Free Strategy Call

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Why Should You Hire A Trademark Attorney?

If you are considering applying for a trademark, either by doing it yourself or using a trademark filing service, please read this.

Working with a Trademark Attorney

There’s a lot of noise on the Internet about trademarks. Don’t be fooled – it’s more than just filling out online forms. That is only the first part of the process.

Trademarking involves making dozens of legal decisions and judgment calls – and you’re not likely to make all of the right choices. It’s very easy to make a filing mistake that you cannot fix later. This is why most attorneys stay away from trademarks! 

They know that when you apply for a Federal trademark, you start a Federal legal proceeding. They also know that the U.S. Patent and Trademark Office’s rules severely limit how you can change your application after filing.  That is why they send their clients to us.

How does a trademark attorney help?

  1. We’ll increase your probability of success by up to 50%.
  2. We’ll give you legal advice.
  3. The USPTO encourages you to hire a trademark attorney
  4. 80% of all applications require a response to an initial refusal.
  5. You’ll avoid overpaying the non-refundable USPTO filing fees.
  6. You’ll save time.
  7. You’re running a business, not learning trademark law.

1. We’ll increase your probability of success by up to 50%.

According to the Wall Street Journal, Federal trademark applications filed by trademark attorneys are 50% more likely to be approved than those filed by applicants on their own.

 

2. We’ll give you legal advice.

Although the USPTO will try to help you during the process, trademark examiners cannot give you legal advice. Federal law prohibits it. Without an attorney, you are on your own for the toughest decisions. Plus, you’ll need to comply with every statutory requirement and every USPTO rule – the USPTO cannot give you a break.

 

 

3. The USPTO encourages you to hire a trademark attorney.

Related to reason # 2 above. Federal trademarks are Federal legal proceedings. Plus, the USPTO’s rules are specific and unforgiving. It is very easy to file an application with a mistake that cannot be corrected.

 

Not every trademark attorney is registered with the USPTO.  We are. Contact us.

 

4. 80% of all applications require a response to an initial refusal.

An experienced trademark attorney can effectively respond to initial refusals to register your trademark. We know the Federal trademark statute and the USPTO’s rules and procedures.

 

5. You’ll avoid overpaying the non-refundable USPTO filing fees.

Some applications (those with many goods and services) can require over $1000 in USPTO filing fees. These fees are non-refundable. An experienced trademark attorney can make sure that you don’t pay for products and services that have little or no hope of being accepted.

 

6. You’ll save time.

The Federal trademarking process routinely takes between 8-12 months. Working with a trademark attorney can help ensure that you are closer to the 8-month timeframe and not the 12. USPTO trademark examiners are far more likely to negotiate with us, which speeds up approvals. Plus, we already know the laws and procedures to get applications approved.

 

7. You’re running a business, not learning trademark law.

Federal Trademark law is complex. The USPTO has too many rules and procedures to count. It takes years to learn how the trademarking process works. There are a lot of attorneys who can’t even do it.

Wouldn’t it be better to focus your skills where they’re needed most: running your business?

Do yourself and your business a favor. Hire an experienced trademark attorney. You’ll maximize your chances of success, minimize the risk of overpaying the Government for your trademark, get a better result, and save yourself time and worry. Your brand is worth it.

 

Trademark Registration Application

How to Handle Trademark Infringement

How to Handle Trademark Infringement

Your brand is WHO you are, WHAT you do, and WHY you do it. It’s how consumers will first encounter your business. It’s the common thread throughout your marketing. Your website, business cards, and invoices all reflect it. That’s why brands are important.

Trademarks (name + logo + slogan) represent brands. Federal trademarks protect brands. If you discover that another company is infringing your trademark, you can and should take action to enforce your rights.

How should you handle trademark infringement?

1. Learn What You Can About Them

The first thing to do is to learn about them. Visit their website and social media pages. Grab screenshots. Take pictures of their products or advertisements.

You’ll want to find out:

  1. What they sell
  2. Where they sell it
  3. When they first used the brand
  4. Whether they have a Federal trademark

 

2. Keep it Off Social Media

You don’t want to post about it on social media. It can get you into legal trouble and won’t help.

We’ve seen defamation lawsuits that started when one company posted an Instagram story about another company stealing their brand. Handle it offline – away from your customers.

 

Trademark infringement is a complicated Federal legal matter. We can help.

 

3. Ask Yourself: Are They Too Close?

You’ll need to weigh whether they are using a trademark that is legally too close to yours. This test can get complex. Still, they’re probably too similar if they meet these three conditions.

You’ll want to be broad about what sounds and looks similar. For example, if the brands share a keyword, they may be too similar. Words like “Inc.” “The” or “And” won’t make a difference. You can ignore them.

You’ll also want to consider what the brands mean. If the brands allude to related feelings or even geographic locations, they may be too similar. The use of another language won’t make a difference. In the US, hello and “hola,” for example, are treated as the same.

You’ll want to be broad about what is a similar product or service.  They don’t need to be the same.  Even complementary products and services can be “similar” for trademark infringement.

For example, shirts and bags could be too similar because many stores sell both.

If their products and services can be sold in the same way that you sell yours, then they need to stay further away from your trademarks.

  
 

 

4. Know Your Trademark Rights

A (Federal) trademark gives you the exclusive right to use your name + logo + slogan.  This exclusive right extends to all 50 States.

This exclusive right extends to all trademarks that are “confusingly similar.” If (1) you have a Federal trademark, (2) the new brand is similar to (or the same as) your trademark, and (3) they started their business after you, then you can take steps to stop them. Keep reading to see what to do next.

If you don’t have a Federal trademark, you can’t stop them yet. You may still be able to trademark the brand and stop these copycats. Consider talking with an experienced trademark lawyer.

 

5. Get Legal Help to Handle Trademark Infringement

If you decide that someone is using a trademark that is too close to yours, contact a trademark lawyer to help you work through your many options.

Most trademark-infringement enforcement strategies start with sending a cease and desist letter addressed to the trademark infringer demanding that they stop infringement.  Many times, however, other options are preferable.  These include applying for a Federal trademark, sending a reservation of rights letter, or continued monitoring.

In the US, you are responsible for enforcing/protecting your trademark property rights. You can lose your trademark rights if you do not enforce them.

Trademark enforcement is not a DIY project. It involves Federal Statutes, legal analyses, and strategy.  Also, you may inadvertently say something that can be used against you.

Trademark Registration Application

 

 

How to Trademark a Phrase or Slogan

Trademark a Phrase or Slogan

Most business owners and entrepreneurs know the importance of a name and logos. They are the cornerstones of most brands. Unfortunately, these owners sometimes overlook a keystone to their brands – catchphrases, slogans, and taglines.

Phases, slogans, and taglines are examples of phrases that can resonate with consumers long after they see (or hear) an advertisement. Sometimes, these phrases can even surpass names and logos. Consider:

  • “Just Do It.®” (Nike)
  • “Don’t leave home without it.®” (American Express)
  • “I’m lovin’ it.®” (McDonald’s)
  • “Nationwide is on your side.®” (Nationwide Insurance)

These phrases show the power of trademarks.

The single best way to protect a trademark is with Federal trademark registration.

They come with important nationwide protections that ensure that no one else can use your phrase. A few reasonable proactive steps will go a long way toward safeguarding and securing your phrase.

Whether you’ve been running a successful business for years, just started a business, are considering launching one, here’s what you need to know:

 

A Bit About Trademarks and Protecting a Brand

Phrases, like all trademarks, represent brands. They help customers find the products that they like and distinguish them from the competition.

Trademarking your phrase gives you the exclusive right to use it. If you don’t, then your competition can use it or develop one that is really close. Also, only one business can own a brand in each industry. Typically, it’s whoever trademarks it first.

If someone else trademarks your phrase first, they’ll own the exclusive right to use it nationally. You’ll likely have to rebrand.

Here’s how to start the process to trademark your phrase, slogan, or tagline:

  1. Select a strong, protectable phrase.
  2. Check the availability of your phrase name as a trademark.
  3. Collect your information and decide on a strategy for your Federal trademark application.
  4. Prepare and file your new application (correctly).
  5. Start using the right trademark symbol with your phrase.

 

1. Select a strong, protectable phrase.

The key to getting a Federal trademark is to first select a phrase that’s strong in a trademark sense. Trademarks are not created equally. There are different kinds, and some are more effective and easier to protect than others.

The best trademarks are distinctive and memorable. They are strong because they excel at reflecting brands.

Some trademarks, however, are weak because they only describe aspects of products or services. Others are legally unprotectable, meaning anyone can use them.

  1. Start by trying to include invented words or words that have no association with your products or services (“Just Do It.®” for footwear). If that does not work, then…
  2. Try words that allude to your products and services (“Don’t leave home without it.®” for credit card services).
  3. Always try to avoid away from using only words that:
  • are generic for a product or service;
  • are often used in business or industry;
  • only describe characteristics and features; or
  • are already part of everyday speech.

 

Read More: The Four Types of Trademarks + Strength

If you don’t know whether your phrase is arbitrary (strong) or descriptive (weaker), you may be better off consulting an experienced trademark attorney.  In any event, knowing which kinds of trademarks are strong important. Otherwise, you could be wasting your time and money.

 

2. Check the availability with a trademark search for similar marks.

The next step is to determine if your phrase has been trademarked by anyone else. This is because a lot of phrases are already trademarked. So, you may want to run a trademark search of the Federal trademark database to find exact and close matches. It can also be useful to conduct Internet searches.

These searches aren’t as straightforward as inputting your phrase and hitting search. Exact and similar trademarks used by other businesses are relevant to the Federal registration of your trademark. So, too, are misspellings, similar-sounding words and spellings, and foreign translations.

The objective here is to make sure that your phrase is not similar or easily confused with someone else’s mark. For all of these reasons and others, it’s usually best to have an attorney run your trademark search.

 

Get customized legal advice and help every step of the way through the registration process. Contact us today.

 

 
3. Collect your information and decide on a strategy for your Federal trademark application.

Applying for a Federal trademark is more than just filling out online forms. That is the easiest part of the process.

The preparation of a new trademark application begins by making some tactical decisions about the protection for which you will want to apply.

When you apply for a Federal trademark, you start a Federal legal proceeding – and it can get complex in a hurry. The Federal trademarking process involves making dozens of legal decisions and judgment calls.  Plus, these decisions and judgment calls are interrelated, and some wrong choices can sink your application from the start – without you even knowing it.  So, the most successful applicants start the application process with a strategy.

For starters, you’ll need to decide which products/services are included in your application and which ones should be excluded. You’ll also need to figure out the correct filing basis for their application, as well as how you are going to show the USPTO that consumers perceive your phrase as a brand.

If you don’t understand the legal consequences of each of these options, you’re very likely going to get one or more of them wrong, which will impact your brand protection.

Also, every application must be filed in the name of the owner of the mark. The owner may be an individual, a corporation, a partnership, or an LLC, for example. The right choice depends on several factors. If you get this wrong, you’ll need to refile the application and start again.

Further, you’ll also be required to swear to the truth of specific statements about the choices in your application. If you get any of them wrong, your application may be unenforceable.

These are just some of the reasons why DIY applications are 50% less likely to succeed at the USPTO.

 

4. Prepare and file your trademark application with the United States Patent and Trademark Office (correctly).

Every application starts a Federal legal proceeding, involving countless U.S. Patent and Trademark Office rules and regulations. These rules and regulations impact EVERY aspect of a new Federal trademark application. And, you’ll be required to comply with them even if you don’t know or understand them.

Also, the application system uses trademark jargon and “terms of art,” which are words that have specific meanings only in the world of trademarks.

Here, it is important to understand that not all applications result in registrations. The USPTO severely limits the types of changes you can make to an application after it is filed. So, mistakes during submission can easily sink an application.

 

5. Start using your mark and use it with the right trademark symbol.

Using a trademark symbol is an important signal to consumers (and the competition) that your logo represents your brand.

There are three trademark symbols. They are:

  • the letters TM
  • the letters SM, and
  • the letter R in a circle — ®

The letters TM are a trademark symbol for unregistered trademarks (marks for products like shoes or computers).

The letters SM are a trademark symbol for unregistered service marks (marks for services such as legal services).

The ® is a trademark symbol for Federal trademarks (trademarks or service marks registered with the U.S. Patent and Trademark Office). The ® trademark symbol is reserved for Federal trademarks only – after you have a Federal trademark registration.

Read more: All About Trademark Symbols (in Plain English)

 

Trademark Registration Application

 

How to Register Your Company Name Trademark

Trademark a Company Name

Nothing represents your business more and sets the stage for all that follows than your company name. They are the cornerstones of most brands. But, how do you safeguard this valuable asset?

That’s where trademarks come in. A Federal trademark provides many nationwide protections and ensures that your brand is exclusively yours. Plus, a few reasonable proactive steps can go a long way toward safeguarding and securing your brand.

Whether you’ve been running a successful business for years, just started a business, are considering launching one, here’s what you need to know:

The single best way to protect a trademark is with Federal trademark registration.

Why Trademark a Company Name?

Company names, like all trademarks, represent brands. They help customers find the products that they like and distinguish them from the competition.

When you trademark a company name, you’re granted the exclusive right to use it. If you don’t, then your competition can use it or one that is really close. Also, only one business can own a brand in each industry. Typically, it’s whoever trademarks it first.

If someone else trademarks a company name first, they’ll own the exclusive right to use it nationally. You’ll likely have to rebrand. That’s why it’s important to protect your trademarks.

Here’s how to start the process to trademark a company name:

  1. Select a strong, protectable name.
  2. Check the availability of your company name as a trademark.
  3. Collect your information and decide on a strategy for your Federal trademark application.
  4. Prepare and file your new application (correctly).
  5. Start using the right trademark symbol with your company name.

 

1. Select a strong, protectable name.

The key to getting a Federal trademark is to first select a name that’s a strong trademark.

Trademarks are not created equally. There are different kinds, and some are more effective and easier to protect than others.

The best trademarks are distinctive and memorable. They are strong because they excel at reflecting brands.

Some trademarks, however, are weak because they only describe aspects of products or services. Others are legally unprotectable, meaning anyone can use them.

  1. Start by trying to include an invented word (Exxon®). If that does not work, then…
  2. Try to use a word that has no association with your products or services (Amazon®). If that does not work, then…
  3. Try words that allude to your products and services (Netflix®).
  4. Always try to avoid away from using only words that:
  • are generic for a product or service;
  • are often used in business or industry;
  • only describe characteristics and features; or
  • are already part of everyday speech.

Read More: The Four Types of Trademarks + Strength

If you don’t know whether your mark is arbitrary (strong) or descriptive (weaker), you may be better off consulting an experienced trademark attorney.  In any event, knowing which kinds of trademarks are strong important. Otherwise, you could be wasting your time and money.

 

2. Check the availability with a trademark search for similar marks.

The next step is to determine if your company name has been trademarked by anyone else. So, you may want to run a trademark search of the Federal trademark database to find exact and close matches. It can also be useful to conduct Internet searches.

These searches aren’t as straightforward as inputting your company name and hitting search. Exact and similar trademarks used by other businesses are relevant to the Federal registration of your trademark. So, too, are misspellings, similar-sounding words and spellings, and foreign translations.

The objective here is to make sure that your company name is not similar or easily confused with someone else’s mark.

For all of these reasons and others, it’s usually best to have an attorney run your trademark search.

 

Get a customized trademarking strategy for your brand. Contact us today.

 

 


3. Collect your information and decide on a strategy for your Federal trademark application.

Applying for a Federal trademark is more than just filling out online forms. That is the easiest part of the process. The preparation of a new trademark application begins by making some tactical decisions about the protection for which you will want to apply.

When you apply for a Federal trademark, you start a Federal legal proceeding – and it can get complex in a hurry. The Federal trademarking process involves making dozens of legal decisions and judgment calls.  Plus, these decisions and judgment calls are interrelated, and some wrong choices can sink your application from the start – without you even knowing it.  So, the most successful applicants start the application process with a strategy.

For starters, you’ll need to decide:

  • what is the best format for your mark – is a composite mark better than standard characters? Will you need a “drawing”?
  • which products/services you should include in your application and which ones should be excluded?
  • what is the correct filing basis for their application?

If you don’t understand the legal consequences of each of these options, you’re very likely going to get one or more of them wrong, which will impact your brand protection.

Also, every application must be filed in the name of the owner of the mark. The owner may be an individual, a corporation, a partnership, or an LLC, for example. The right choice depends on several factors. If you get this wrong, you’ll need to refile the application and start again.

Further, you’ll also be required to swear to the truth of specific statements about the choices in your application. If you get any of them wrong, your application may be unenforceable.

These are just some of the reasons why DIY applications are 50% less likely to succeed at the USPTO.

 

4. Prepare and file your trademark application with the United States Patent and Trademark Office (correctly).

Every application starts a Federal legal proceeding, involving countless U.S. Patent and Trademark Office rules and regulations. These rules and regulations impact EVERY aspect of a new Federal trademark application. And, you’ll be required to comply with them even if you don’t know or understand them.

Also, the application system uses trademark jargon and “terms of art,” which are words that have specific meanings only in the world of trademarks.

Here, it is important to understand that not all applications result in registrations. The USPTO severely limits the types of changes you can make to an application after it is filed. So, mistakes during submission can easily sink an application.

 

5. Start using your mark and use it with the right trademark symbol.

Using a trademark symbol is an important signal to consumers (and the competition) that your logo represents your brand. There are three trademark symbols. They are:

  • the letters TM
  • the letters SM, and
  • the letter R in a circle — ®

The letters TM are a trademark symbol for unregistered trademarks (marks for products like shoes or computers).

The letters SM are a trademark symbol for unregistered service marks (marks for services such as legal services).

The ® is a trademark symbol for Federal trademarks (trademarks or service marks registered with the U.S. Patent and Trademark Office). The ® trademark symbol is reserved for Federal trademarks only – after you have a Federal trademark registration.

Read more: All About Trademark Symbols (in Plain English)