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.

For New Jersey data center owners and operators, a service agreement may look routine when it is signed. The network is functioning, the vendor is meeting its installation schedule, and the parties have agreed on pricing and performance specifications. The provisions that seem most important at that stage are often the technical ones. That changes […]
Author: George McGowan

The Fort Monmouth redevelopment has entered its execution phase, and it is repositioning the broader Monmouth County real estate market. When Netflix and the Fort Monmouth Economic Revitalization Authority closed on the 292-acre Mega Parcel in December 2025, the transaction did more than hand over a deed. It marked the moment Fort Monmouth stopped being […]
Author: Donald M. Pepe

Owning a residential rental property in New Jersey involves more than finding tenants and collecting rent. Property owners must comply with a combination of state laws, municipal ordinances, building and housing codes, and zoning and land use regulations. These requirements can affect everything from the number of dwelling units permitted at a property to whether […]
Author: Donald M. Pepe

The five most common real estate disputes are breach of contract claims, landlord-tenant conflicts, zoning and land use disagreements, construction claims, and boundary disputes. Understanding why each arises, and taking preventive steps early, can help property owners, tenants, developers, and investors avoid costly litigation. Key Takeaways: Real estate transactions are complex endeavors involving numerous parties […]
Author: Paul Grossman

Once a child turns 18, parents lose the automatic legal authority to make medical and financial decisions on their behalf, even if the child still lives at home or remains on the family’s insurance. Three documents close that gap: a durable power of attorney, a health care proxy or directive, and a HIPAA authorization. For […]
Author: George McGowan

Business mediation is a confidential, voluntary process in which a neutral third party helps companies negotiate a resolution to a commercial dispute without going to trial. Because working with a mediator is very different from litigating in the courtroom, it is important to understand how commercial mediation works, when it makes sense for your dispute, […]
Author: Paul Grossman
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!