Contrary to popular belief, you don’t have to register your trademark with the United States Patent and Trademark Office (USPTO
United States Patent and Trademark Office
The United States Patent and Trademark Office is an agency in the U.S. Department of Commerce that issues patents to inventors and businesses for their inventions, and trademark registration for product and intellectual property identification.
How to choose a name for your podcast?
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- Brainstorm, Brainstorm, Brainstorm First thing’s first, you need some ideas. Make sure you know exactly what your podcast is about. ...
- Check If Names Are Already Taken The week is up, and you’ve hopefully got a long list of potential names. ...
- Say It Out Loud Pick out your favourite ideas and say them out loud a few times throughout the day. ...
How many people do you need to start a podcast?
How to Start a Podcast: Every Single Step for 2021
- What's Your Podcast For? So firstly, why do you want to make a podcast? ...
- Who is Your Podcast For? So first day, get the big question in: Who are you making this podcast for? ...
- Give Them a Reason to Listen Whether you're providing information that will help someone to lose weight (in the case of our personal trainer), or doing a really entertaining ...
How to choose the best podcast name?
How to Choose a Podcast Name: 5 Best Tips. 1. Keep It Simple. A simple name rids you of unnecessary words that would be detrimental to your SEO rankings. Plus, it will be easier to remember your podcast. Succinct podcast names usually have only three to four words and a maximum of 20 characters. Preferably, embody the general concept in the ...
How can you create your own podcast?
How to Start a Podcast
- Step #1: Choose a topic you love. ...
- Step #2: Pick a podcast title. ...
- Step #3: Write a sound description. ...
- Step #4: Get your artwork created. ...
- Step #5: Pre-plan your episodes. ...
- Step #6: Pick your podcast hosting provider. ...
- Step #7: Prepare and make a recording. ...
- Step #8: Publish an episode. ...
- Step #9: Submit to directories. ...
Can you own a 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.
Do you trademark a podcast?
0:102:57Should You Trademark Your Podcast Name? - YouTubeYouTubeStart of suggested clipEnd of suggested clipName erin it's a really. Good question trademarks let's just very quickly recap trademark just meansMoreName erin it's a really. Good question trademarks let's just very quickly recap trademark just means that you own the mark. For something you own the name or the identity. For something so that no one
How do I know if a podcast name is taken?
Double check to see if your show name isn't already taken by doing a search online with your show name idea. Branding is relatively important as well, as you'll want to have a social media presence on sites like Twitter and Facebook. A service like NameChk.com will search over 100 services to see if a name is taken.
Do you need to copyright your 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 do I protect my podcast name?
You might want to consider registering the mark with the United States Patent and Trademark Office (USPTO) and/or the trademark offices of other countries where your podcast is heard. Registration provides a variety of benefits, including a legal presumption that you're the rightful owner of the mark.
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.
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.
How much does it cost to trademark a podcast name?
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 do you license a podcast?
In order to use any copyrighted music in their show, a podcaster needs to obtain a synchronization license. These types of licenses traditionally govern music use in TV shows, films, and commercials, as those media require the music be “synced” with the visuals on screen.
Do you trademark or copyright a podcast?
There are all the legal reasons for filing a trademark, but there are creative aspects, too. You don't want to name your podcast, start recording, and then decide to file a trademark only to realize that your podcast's title is already someone else's trademark.
Do I own my podcast?
Your unique podcast feed is Intellectual Property. By keeping that under your own Web domain (example.com) it remains under your ownership.
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 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.
How to name a podcast?
When it comes to naming your podcast, the most important considerations are: 1 Does the name clearly and immediately communicate what your podcast is about? 2 Will this name resonate with your ideal listener? 3 Is it short enough? (ideally less than 5 words) 4 Is the URL available? (this is part of making sure the name is actually available) 5 Is it easy to speak the name, and will it be easy for others to remember and look up? 6 Remember: you can always leverage your tagline to add even more clarity and detail
What can a trademark lawyer do?
A trademark lawyer can do a more thorough search to make sure your name is available.
How long do trademarks last?
One important point about trademark law is easy to remember: Use It or Lose It. Trademark rights only last as long as they’re “in use”. 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.
What is the benefit of registering a trademark?
Registration provides a variety of benefits, including a legal presumption that you’re the rightful owner of the mark. This just means that in the case of a dispute, you have the benefit of the doubt on your side.
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.
Check the availability of the name
Once you have come up with a name or logo, it is important to remember that someone might have used the same name and a similar logo and they might have even trademarked it. Even in cases when a trademark has not been filed, there will be laws that could prohibit you from using the name or logo.
GETTING YOUR NAME TRADEMARKED AND CONTENT COPYRIGHTED
Trademark as defined by the United States Patent and Trademark Office (USPTO), “is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others.” whereas copyright is the protection of “original works of authorship fixed in a tangible medium of expression.” So basically, a trademark is used to cover things like the name of the podcast, the logo, or the tagline.
OBTAINING A DOMAIN NAME AND A HOSTING SERVICE FOR YOUR PODCAST
To obtain a domain name for your podcast make sure that the domain name and the name of your podcast are same or at the very least similar, so that followers can quickly and easily find your website.
YOUR FUTURE AS A PODCASTER
Let’s say you have made it as a successful podcaster with a large following, don’t you think you should make the most out of it? Maybe you can expand to other business or services. The large following that you gained might pave the way for more future successes. Or maybe you are already running a successful business.
What is Bluehost hosting?
Bluehost is a popular web hosting company that will give you a free domain name when you sign up for a hosting package. You can search right here:
What extension is used for podcasts?
There isn’t a .podcast extension at this time and others are hard to remember. You could use a .fm TLD (top-level domain) as those are becoming more popular with podcasters and podcast companies.
Why is it so hard to talk about art of charm?
Art of Charm had a difficult time talking about topics beyond dating and similar self-improvement topics because of their name. Using your real name is a great way to let yourself be flexible when it comes to topics you speak about. Avoid copyrights.
Why do people use their real names?
Using your real name is a great way to let yourself be flexible when it comes to topics you speak about.
Where is Name.com based?
Name.com is another great domain name registrar that is based in Colorado (like I am) and I like to support local companies… that costs me a little more though.
Can you take a podcast down?
They can force you to take it down (or worse) which means you’ll probably have to redo your entire podcast brand.
Who is Ross Winn?
Ross Winn. Ross Winn is the founder of Podcast Insights, the industry-leading podcast education site. He has helped thousands of people start and grow a podcast and loves to test out new gear and software.
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.
What are the benefits of filing with the copyright office?
There are a few benefits of filing with the U.S. Copyright Office, which come in handy if you have a legal issue you need solving. For example, if someone infringes on your copyright and you need to send a cease and desist letter.
What does it mean to be a copyright official?
By filing and making your copyright official, you have the backing of the government should you need to take any further legal action. An official registration also entitles you to damages should your case become a lawsuit.
How to file copyright?
To officially complete the process, you can file through the U.S. Copyright Office. You can file electronically or the old-fashioned paper way, but e-filing is the cheapest, fastest, and easiest option.
What is a trademark in a podcast?
According to the United States Patent and Trademark Office (USPTO), a trademark “is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others.”. In other words, a trademark covers things like your podcast’s title, logo, and slogan. A copyright, on the other hand, is ...
Can you copyright a podcast?
The only thing a copyright claims is your unique way of conveying that idea. Your copyright ensures that no one can lift clips directly from your podcast without permission, nor can they say your words verbatim.
Do copyrights cover a subject?
Copyrights cover your unique take on a subject; they don’t cover the subject itself . For example, you can’t trademark the idea of “healthy eating.” Even if you make it more specific, say “paleo recipes for women in their 20s,” you can’t claim ownership of an idea.
What is a podcast host?
Media or Podcast hosts are services that store your audio and allow your listeners to listen, download, and subscribe to your podcast. One common misconception when learning how to start a podcast is that you upload your podcast to places like iTunes. This actually isn’t the case.
What are some good websites to host a podcast?
When you sign up for media hosting, you often get a free website with it too. Buzzsprout, Captivate, and Transistor all give you a simple but decent-looking site for your podcast. If you’re running a hobby show, this is a good option to keep things nice and easy. You might also fancy taking a look at Podpage which can build a great looking podcast website for you in minutes.
What is podcast host academy?
The Podcast Host Academy is our coaching and support community, which includes a huge collection of courses, resources and tools to help you get your show out there.
What is a podcast summary?
Your podcast's description (also known as a show summary) is THE most important thing potential new listeners will judge your show on? That's according to our 2020 Podcast Discovery Survey.
What is the point of a podcast?
The whole point of a podcast is that people listen to it, so give them a reason to click on one of your episodes. Make it clear to people what they will get from listening to your show. If you look on any podcast directory you will see shows with titles like “How To…”, “Five Tips For…” etc.
How many episodes of a season of podcast?
When you start a seasonal podcast, each season will usually have a theme. You might create episodes based on that theme or topic for 6-12 episodes, then have a break. After a month or two, you’ll launch a new season (with another theme/topic) and repeat the process.
Can you name a podcast after Mike Smith?
Again, you can incorporate this into your show’s name along with something descriptive (‘ Rock Climbing, with Mike Smith ’). But avoid naming the show after you without any other details .
What is a pen name?
You might be thinking to yourself, “isn’t a pen name for authors?” And you’d be right.
What about a nickname instead?
If your drive to podcast under a pen name is more related to branding than security, consider using a nickname. It surprises many to know that Tae isn’t the name on my birth certificate. It’s not far off, but I use it for a specific reason.
What does it mean when you don't use your real name?
1. Could indicate a lack of professionalism. Not using your real name could mean people don’t take you seriously. This is, of course, assuming that it’s obvious you’re using a pseudonym—like if you’re podcasting under code-name “Bunny Ears” or using the moniker “Girl in the Window.”.
Why do people use pseudonyms?
Many people use pseudonyms to keep themselves anonymous when they’re working on a project they don’t want to be personally associated with, or they simply don’t want everyone to know about the project (or just certain people).
Can you stay anonymous on podcasts?
If done right, a simple Google search of your name shouldn’t bring up your podcast and vice-versa. Note that simply because you’re using a pseudo nym, there's no guarantee that you’ll be able to stay anonymous.
Can you change your name later?
While you can always change it later on, chances are it’ll end up being a hassle. Not only will you have to make administrative changes, but you’ll have built a rapport with your audience. A name change can be a big thing to get used to. However, it offers benefits, such as privacy and brand memorability. So, let’s take a little dive ...
Is it hard to be yourself on a podcast?
Being yourself in your everyday life is hard enough as it is, when you add a second identity—your podcasting pen name—you need to start compartmentalizing the two different identities. This gets more complex when your podcast life bleeds into your personal life.
Can you change your Podcast name later?
Like every other process, a channel grows. Similarly, there might be situations where you need to change the name of your podcast. Under such circumstances, it is crucial to not lose on your audience base and retain them. The best idea is to always come clear and explain the need for the change to your listener. This helps the podcast gain more traffic.
What makes a good podcast name?
1. Short podcast names are catchy and more memorable. 2. Convey your podcasts tone or personality. 3. Above all the podcast name should be unique.
Should you use your real name when podcasting?
The biggest question behind keeping your real name on your podcast is your privacy and security. Your name will henceforth always have the tag with your podcast, which can compromise your privacy at any time. On the other hand, using a pseudonym saves you from that but opens up newer problems. Listeners often do not take these podcasts seriously, making it imperative for creators to have a fanbase.
What are some examples of podcasts?
Some examples of this can be seen in popular podcasts like: 1 Dissect – Dissect is a music podcast whose host breaks down the musical theory and inspirations behind popular music. A typical episode length is 45 mins to an hour, using the word ‘Dissect’ conveys a show that is in-depth and provides well thoughtout ideas. 2 This Week in Tech – A much more straight forward podcast name, this show lets audiences know exactly what they can expect and what it’s about. 3 Murder Minute – With a typical length of 30 minutes, this podcast is made for audiences on a short commute or wanting a quick fix of true crime drama.
How long is a Dissect podcast?
Dissect – Dissect is a music podcast whose host breaks down the musical theory and inspirations behind popular music. A typical episode length is 45 mins to an hour, using the word ‘Dissect’ conveys a show that is in-depth and provides well thoughtout ideas.
What is a fantastical tale?
Fantastical Tales: A podcast about tales.The word fantastical implies incredible fantasy, whilst tales is a description of the content. A more creative name could be beneficial for this kind of Podcast.
What is a pod save America?
Pod Save America is a News podcast that addresses current political stories in the US. The name plays on the phrase ‘God Save America’, the play on words hints at it’s satirical nature whilst also showing they are discussing serious topics.
What is the “trademark class” for goods and services for my podcast’s name?
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).
Do you have to trademark a 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. If you want to indicate that it is trademarked (but not a registered trademark), simply use the unregistered trademark symbol — the letters ‘TM’.
Can you trademark a podcast name?
Generally, the law treats words or phrases that sound similar to the same trademark as infringing of that trade mark. 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. 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.
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 I file a trademark for my podcast myself or should I use a lawyer or one of those services that file for me?
The safest way is to have a lawyer file your trademark for you. As many as half of trademark applications are filed incorrectly. If cost is an issue and you’re willing to take a bit of time to figure it out and make sure you do it correctly, you can register your trademark yourself by following this guide on the USPTO website. You’ll want to make sure you avoid the common pitfalls. Again, applications filed by lawyers are much more likely to be successful. There’s probably little advantage to using one of the “file for me” services, which usually are little more than automated filing services that upcharge you on the filing fees.
