Can I trademark my podcast name?
Trademarks commonly include brand names, product names, logos, and tag lines. Most likely, the highest priority will be the name of your podcast. That’s your trademark.
How do I choose a name and logo for my podcast?
When you choose your podcast name and logo, be sure to pick something that is unique. Generally, the law treats words or phrases that sound similar to the same trademark as infringing of that trademark.
Can I use the same podcast name as someone else?
Generally, the law treats words or phrases that sound similar to the same trademark as infringing of that trademark. This means that you cannot have the same podcast name as someone else but spell it slightly differently, thinking that your brand will be protected.
Do I have any legal recourse if my podcast name is stolen?
So just because you haven’t registered your podcast name with the USPTO doesn’t mean you have no legal recourse if someone rips off your podcast name.
Can 2 podcasts have the same name?
Podcast names don't work the same as domain names so technically you can have multiple podcasts out there with the same name but it's not a smart strategy if you want to grow your audience.
Can you use another podcast name?
Your name needs to be unique to your show. Using the same name as another show is never a good idea. Your first step is to contact the show host to see if the show is still active. If they no longer produce episodes, they may be willing to remove their podcast so you can use the name.
How do I patent my podcast name?
Go to the website of any domain registrar — you can simply search online for "domain registrar" if you don't already have one in mind. Enter your podcast name in the registrar's search bar to see if you can register the domain. If your podcast name is more than 2 or 3 words, you might also try a shortened version.
How do I know if a podcast name is taken?
A service like NameChk.com will search over 100 services to see if a name is taken. Also do a quick search on your favorite domain registrar to see if you can get an easy URL to go along with your show.
Can you get sued for a podcast name?
If you created it on your own and it is your original work, your podcast and your feed is an intellectual property asset that you own and you created, so you can sell as much of it as you want. Your last choice, which is not really a good one for anyone, is to get into a legal dispute as to who owns the name.
Do podcasters use their real names?
Your real name is already taken If you have a more common name, it's possible that someone might already be podcasting with it. This is a case where it makes sense to podcast under a pen name, especially if your name is a significant factor in the podcast name or overall brand.
Should I copyright my podcast?
Using any portion of copyrighted material for a podcast without permission may be copyright infringement if an exception or limitation on the copyright owner's rights does not apply. Fair use is one such limitation and discussed further below. It would be wise to secure the rights before using any copyrighted material.
How much does it cost to trademark a podcast?
Registering your trademark can cost between $225 to $600, depending on the specific requirements for your entity. Attorney fees can vary depending on the lawyer or law firm you decide to hire. Attorney fees can be charged hourly or at a fixed rate.
How can I legally protect my podcast?
Legally Protecting Your Podcast You should always check whether the name of your podcast is in use by anyone else, or if it's already been trademarked. If it hasn't, you'll want to trademark your name yourself. Doing this prevents brand dilution, which is important as you grow an audience and expand your reach.
Do you need a license for a podcast?
It's easy to think that because we hear music on the radio all the time, that it's ok to use music in a podcast.
What is a trademark for podcast?
A trademark is anything that identifies you as the source of goods or services. Trademarks commonly include brand names, product names, logos, and tag lines. Most likely, the highest priority will be the name of your podcast. That’s your trademark.
What is the rule of thumb when putting your name on a podcast?
A good rule of thumb is to always make sure your name is clear first, and clever second (but only if it fits). If you try and be clever or use an inside joke, that will not do you any favors when it comes to gaining visibility and new listeners.
Why do podcasts stumble out of the gate?
Many podcasters stumble out of the gate because they don’t realize that naming your podcast requires some understanding of trademark law. Fortunately, a few simple tips will help you create a podcast brand you can use and own – and also avoid (most) legal trouble.
What happens if a trademark is not used in 3 years?
The rule of thumb is this: if a trademark hasn’t been used in three years, then it’s been abandoned and it’s up for grabs. But it’s not always that simple. For example, the prior user may still be using that brand name in another context, and if you try to use it, then you could run into legal trouble.
Can a podcast name be identical?
Pro Tip: the podcast name doesn’t have to be identical for there to be a legal conflict .
Can you use a podcast name in public?
So just because you haven’t registered your podcast name with the USPTO doesn’t mean you have no legal recourse if someone rips off your podcast name.
Thinking Outside the Box
Today's talk about Podcast Trademarks was inspired by a Facebook post. As a tech support person for Libsyn I see a large number of podcasts on a weekly basis (get a free month at Libsyn.com using the coupon code sopfree ).
Podcast Honeymoons
Sometimes we skip steps like this because we are so excited, and we just can't hide it, and we move forward without doing something like a quick Google Search or a search in Apple. This can also continue as you enter what I'm calling Podcast Honeymoon.
Talking Podcast Trademarks with Gordon Firemark
Gordon is the producer and host of Entertainment Law Update ., a podcast for artists and professionals in the entertainment industries. His practice also covers intellectual property, cyberspace, new media and business/corporate matters for clients in the entertainment industry.
Mentioned In This Episode
Question of the Month: “What is your biggest pain in creating a podcast?” Deliver your answer via our contact page (don't forget to mention your show and website)
Work With Me
Owner of the School of Podcasting. Also produces the "Ask the Podcast Coach." He is also the author of the book "More Podcast Money" and is a regular speaker at podcasting and media conventions.
Why Do Trademarks Exist?
While you can protect your creative work—photos, songs, or books—with copyrights, trademarks protect the elements that make your small business memorable.
What Criteria Do You Have To Meet To Trademark a Podcast Title?
Before starting a trademark registration procedure, you must ensure you comply with the following requirements proposed by law:
How To File a Trademark With the USPTO Yourself
Once you are positive that you meet the necessary criteria, it is time to initiate the registration process. You should:
What Happens After Submitting Your Trademark Application
After filing your request with the USPTO, the agency forwards it to an examining attorney for review. If everything looks good, your trademark gets published in the Trademark Official Gazette along with other new trademarks.
DoNotPay Can Apply for a Trademark in Your Stead
Due to a confusing and complicated registration process, many people entrust their trademark applications to lawyers. Even though legal services can reduce your efforts, they are rather costly.
DoNotPay Goes the Extra Mile
Our app has much more to offer—products that will protect and elevate your business.
Keep Your Company Safe
For your business to thrive, you need to be prepared for any problem that may come your way. This is where DoNotPay comes in! We can help you trademark your company name and even the logo or slogan. To avoid any copyright infringement issues in the future, you can use our app to register your DMCA agent.
What class is podcasting?
Podcasts generally fall into either class 9 goods (downloadable MP3 files) or class 41 services (entertainment services, specifically podcast content). You may want to file in other or different classes depending on why you are podcasting (i.e. if it is for the sale of goods and/or services of a particular nature).
How long does a trademark last?
If you fail to meet certain requirements, you will be required to pay an additional fee. You should also note that your trademark won’t necessarily last forever. If you don’t use your trademark in commerce for a period of three years, you are considered to have abandoned your trademark.
What does the ® symbol mean?
Once your trademark is registered, you can use the ® symbol — the registered trademark symbol — to indicate that it is registered, but it is not required that you do so in order to have the full protection of it having been registered.
Is it hard to trademark your name?
If you do this, you’re likely to find it hard to trademark your name, you are at risk of potential trademark claims by others, and could be accused of being a bad actor by cybersquatting or typosquatting. Also note that it’s more difficult to get a trademark on ordinary words and phrases.
Can a trademark be copied?
This puts EVERYONE on notice regarding your trademark ownership and gives you a presumption that it is yours and can’t be copied.
Do you have to trademark a podcast?
As soon as you publish a podcast using your show name and logo, technically you have created your trademark. You don’t HAVE to trademark it for legal protection against unauthorized use. If the mark is original, it becomes intellectual property as soon as it is made.
What is a podcast trademark?
As a podcaster you have spent hours developing your show, finding topics, locating people to interview, writing show notes, putting together intros and outros, recording and editing. Your show is uniquely yours with topics that are dear to you and the show is produced with a style your listeners love.
Why might you need a podcast trademark?
What if another podcaster decides to create a show and brands his new show with a show name and logo that is similar to your show’s title and logo? The answer is that new listeners may choose the new show over yours, and your current listeners may become confused not knowing which show is yours and which show is the new show.
How do you obtain a podcast trademark?
You obtain a podcast trademark when you first use your branding in commerce. When you pick a show name and logo and you publish a podcast using that show name and logo you have created your trademark. Of course your show name and logo must be unique and not a copy or something similar to another podcaster’s show name and logo.
Who has the right to use a trademark?
However, the person who has the legal right to use that trademark is the person who registers it first. This is known as trademark priority, and once you have it you are given nationwide exclusive use of the trademark name and have the right to sue anyone else who uses it.
What are some examples of trademarks?
Patents cover inventions, copyright covers content, and trademarks protect your brand. Examples of a trademark include business names, logos, colors, and sounds. Essentially, trademarks are specific indicators that help people identify and remember your brand more efficiently.
How much does an attorney charge for trademarks?
Christian suggests working with an attorney that charges a fixed rate for their work with trademark law. Generally, you should expect to pay about $500 to $2500 in attorney fees.
How long does it take to register a trademark?
When it comes to trademark registration, the sooner you do it, the better. Christian suggests that you plan ahead as registration can take about 9-18 months to complete.
What is trademarked property?
A trademark is a type of intellectual property. It is a property we cannot physically touch. Your ideas and creative genius fall under the category of intellectual property, and there are three things you should know when it comes to such property. These are:
Can a podcaster sue a business owner for trademark squatting?
They can sue the other business owner and secure their brand. Beware of trademark squatting! One thing every podcaster should be aware of is trademark squatting.
Is a trademark protected by common law?
If, in this case, both business owners have not registered said trademark, then it is only protected by common law.