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.

What Developers Need to Know About New Jersey’s Rent Control Exemption Law to Ensure Entitlement to Exemption for Newly Constructed Multi-family Housing. A property owner in Jersey City is facing a $400 million federal class action lawsuit alleging that the landlord did not follow the procedural steps required to be eligible for exemption from local […]
Author: Patrick T. Conlon

The application of traditional federal securities laws to crypto assets continues to evolve. In some cases, the Securities and Exchange Commission (SEC) considers tokens and other digital assets to be securities. This makes them subject to federal securities law, including the Securities Act of 1933 and the Securities Exchange Act of 1934. This classification has […]
Author: Bryce S. Robins

While the New York City real estate market can be extremely competitive, moving too quickly often backfires. Before purchasing a condominium or cooperative in New York City, it is important to do you homework. Purchasing property in NYC can involve a dizzying number of legal issues. These include condo and co-op rules, rent restrictions, and […]
Author: Jesse M. Dimitro

Smart contracts feature a unique blend of legal agreement and technical code. This innovation has the potential to reshape how business is conducted. At the same time, smart contract legal issues around enforceability, jurisdiction, identity, and compliance are common. The legal framework for these self-executing agreements is still evolving. What Are Smart Contracts? Smart contracts, […]
Author: Bryce S. Robins

Retaining top talent continues to be one of the greatest challenges facing employers today. Even in an employer’s market, the loss of a key employee can disrupt operations and result in significant costs. While compensation plays a role, long-term retention often depends on workplace culture, communication, and employee engagement. One increasingly popular strategy for improving […]
Author: Angela A. Turiano

Secured transactions form the backbone of a wide range of business dealings, including business loans, mortgages, and inventory financing. Because the stakes are often high and relatively minor oversights can have drastic consequences, lenders and borrowers should thoroughly understand how to form an enforceable security agreement that protects their legal rights. What Is a Secured […]
Author: Dan Brecher
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!