This article is about how to trademark a podcast name.
In a nutshell, trademarks are essentially any names, phrases, or designs used to identify and represent a certain brand, product, or service.
Registering the trademark for the name of a podcast, as well as the logo you use with it, gives you the exclusive right to use the name or logo in all 50 states. This helps to ensure your podcast name and brand remains unique and legally protects your intellectual property rights.
The Trademarking Process
Here’s how to trademark a podcast name. There are two main parts you need to remember.
First is the trademark clearance search.
This step requires doing an in-depth search through all trademarks to ensure that yours won’t conflict with ones used by other businesses. The scope of the search includes existing trademarks, common law, and pending trademark applications.
The actual application process comes next.
All federal trademark applications are handled by the United States Patent and Trademark Office (USPTO). Once you have a USPTO.gov account, you submit all necessary documents and pay the required fees through their Trademark Electronic Application System (TEAS).
The USPTO strongly recommends hiring a licensed trademark attorney to avoid unwanted legal complications.
Choosing a Podcast Name
Easy to remember, distinguishable, and not confusing — these are three hallmarks of a good trademark name. As such, these three factors are also applicable for naming your podcast if you plan to register it as a trademark.
Below are other factors to keep in mind:
Use a name that isn’t too similar to another existing brand.
Avoid generic words.
Try using fanciful, made-up words or portmanteaus.
Avoid only using descriptive words.
Choose arbitrary or suggestive marks.
Avoid surnames.
Avoid three-letter acronyms and numbers.
Consequences of Trademark Infringement
When choosing and trademarking a podcast name, it’s crucial to ensure uniqueness. Changing a few letters, such as S to Z or adding a couple of A’s and E’s can still land you in a legal conflict.
If you’re found guilty of trademark infringement, the consequences you may have to bear include:
Disgorging profits
Paying damages and fines
Shouldering excessive attorneys fees
You may also have to struggle with having your brand name tarnished or even need to consider a rebranding to stay afloat.
Legal Assistance for Trademarking
Having an experienced trademark attorney advising you is the best way to ensure both the uniqueness and trademark validity of your podcast name.
I am more than happy to assist you in trademarking your podcast name. To learn more about your trademark legal rights, you may call my office at (754) 800-4481 or visit our contact page to schedule a consultation today.
Legal Disclaimer: The information provided in this article is purely for educational purposes. The blog post does not contain nor does it intend to provide legal advice. Legal advice will only be provided by Attorney Melissa Goolsarran Ramnauth, Esq. after signing a legal retainer agreement.
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