You might want to consider registering the mark with the United States Patent and Trademark Office (USPTO 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.United States Patent and Trademark Office
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 register a podcast name?
How to Register a Podcast Name 1 Method 1 of 3: Choosing a Unique Podcast Name. Brainstorm phrases related to your podcast topic. ... 2 Method 2 of 3: Securing a Domain. Confirm the domain for your podcast name is available. ... 3 Method 3 of 3: Getting a Registered Trademark. Check the trademark database for similar marks. ...
Do you have the perfect business name for your podcast?
So, you've come up with the perfect podcast idea, but in order to launch, you need a good business name. And not just a name, but a creative and descriptive name that will make your podcast stand out.
How much does it cost to trademark a podcast name?
The cost of registering a trademark will vary depending on which filing basis you select, and what application form is used in your initial filing. The initial application fee ranges from $225 to $400 per class of goods/services.
Do I have to copyright my podcast name?
So, for example, using the word podcast is allowed as long as you have other words that separate your trademark name from others. You should note that federal law affects everyone, but state law does not. You should know the various laws according to the state your business is registered.
Should I trademark my podcast?
0:592:56Should You Trademark Your Podcast Name? - YouTubeYouTubeStart of suggested clipEnd of suggested clipYes you should look at doing that it's not that complex it does cost a little bit of money. But iMoreYes you should look at doing that it's not that complex it does cost a little bit of money. But i think ultimately. It's worth doing it in my view. It's not essential. That you do it because if you
How do I brand my podcast name?
In short, here are some guidelines for picking a great podcast name:Aim for 4 words or less.Choose a name that aligns with your content.Keep it succinct and intriguing.Try to avoid the words “The” and “Podcast.”Avoid special characters, misspellings, abbreviations, and punctuation.More items...•
Can someone steal your podcast name?
In the U.S., you do gain certain legal rights just from using your brand name in public (these are referred to as “Common Law Trademark Rights”). 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.
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 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.
Should I Llc my podcast?
Is an LLC good for a podcasting business? Yes. An LLC will give you personal liability protection against potential business risks as well as give your podcasting business more tax options and credibility. It is relatively inexpensive and simple to form and maintain an LLC.
Do I need insurance for a podcast?
If you're a content creator who makes podcasts, you should protect yourself with errors & omissions (E&O) insurance.
Is my podcast name 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.
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.
Should I use my real name on a podcast?
Your real name is already taken This is not to say that if you have a complex name you should use a pseudonym to simplify it, in fact, having a unique name can make you and your show more memorable. But if you want to, it's definitely an option.
Do copyright laws apply to podcasts?
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.
Are podcasts automatically copyrighted?
U.S. copyright law protects both published and unpublished works, so your work is technically copyrighted from the second you make it “fixed in a tangible medium.” In podcasting's case, this means as soon as you've written a script or recorded an episode.
Do I need a license for a podcast?
The music industry has organized and established that a synchronization license is needed as the “permission” for a podcast. Usually, these are the licenses that are issued when music is “synchronized” to an image – like for film and television.
Is my podcast name 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.
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 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.
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.
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.
Can a podcast name be identical?
Pro Tip: the podcast name doesn’t have to be identical for there to be a legal conflict .
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.
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.
How to make a podcast name?
If you haven't yet come up with potential names that you like, take 10 to 15 minutes to think about your topic and write down words and phrases that are associated with it. Then, go through those words and phrases to attempt to build a creative and unique name.
How to get a trademark for a podcast?
1. Check the trademark database for similar marks. Before you apply for a trademark, it is your responsibility to make sure that someone else hasn't already registered a mark for a name that is the same or similar. At a minimum, check the trademark database in the country where your podcast will be based. [10]
How long can you register a podcast?
Some registrars allow you to register for several years at a time. However, keep in mind that you have no way of knowing if that particular registrar is still going to be in business after 3, 5, or 10 years. You don't know if your podcast is going to be around for that long either.
What is a fan suggested podcast name?
A fan-suggested name also connects you to your fans and signals that you have their interests at heart. Even if you don't already have an online following, you can get your friends or colleagues to weigh in on podcast name ideas.
What to do when you start a podcast?
If you've decided to start a podcast to share your voice with the world, one of the first things you want to do is make sure the name of your podcast is protected. Otherwise, someone else could come along and use the same name, which could end up costing you listeners. Podcast platforms, such as iTunes, aren't in the business ...
Can you miss a podcast that isn't distributed through iTunes?
There's still a chance that a podcast with a similar name will slip through the cracks. For example, if you only do a search on iTunes, you might miss a podcast that isn't distributed through iTunes. Search multiple directories and the internet generally to cover as much ground as possible.
Do podcasts need a social media presence?
While your podcast doesn't necessarily need a presence on every social media platform, having accounts on 2 or 3 will help you spread the word about your podcast. Avoid using hyphens or complicated spellings, which don't look as professional and are easy to forget. Aim for a .com or .org address.
Podcast name ideas
Starting a podcast is a multistep process, from choosing a topic to recording your first episode. But don’t rush choosing the right podcast name as it sets the show’s tone.
Podcast names invented for you
Looking for names you can claim? We did the heavy lifting and came up with these new podcast names for the most popular genres.
How we came up with the podcast name for Now What? by Wix
Rob Goodman, the host of Now What? by Wix, helped create the podcast's name. Goodman interviews leaders in eCommerce, design, development, and technology who redefine the future of business. He explains the show’s title stems from how technology forever changes the way teams work and what consumers expect from their favorite brands.
Secure your podcast domain name
You chose a podcast name that makes you proud, now secure the domain. Mark your online territory and follow this detailed guide on registering a domain name. Remember, you can incorporate an associated keyword to improve SEO.
Showcase your podcast with a website
Help people discover and experience your podcast with a dedicated website. These podcast website templates come with a built-in Podcast Player where visitors can listen to episodes. Just connect your podcast hosting RSS feed and all your episodes auto-populate.
Frequently asked questions
Search the name on popular podcast directories, including Apple Podcasts, Spotify and Google Podcasts. Also, check on social media and conduct a web search.
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.
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 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.
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.
Why is the podcast called Philosophy Podcast?
This is a philosophy podcast that is to bring philosophical ideas to bigger audience. The punctuation in the name is important as philosophy is traditionally a very dry subject and the name, punctuated with an exclamation mark shows that there is a lighter passionate side to this podcast.
What is no such thing as a fish?
No Such Thing as a Fish is a weekly British podcast series produced and presented by the researchers behind the BBC Two panel game QI. The topics are weird facts and features the like of which feature on the show QI. This name is less descriptive, and you don’t instantly know what the show is about. However, it grabs your attention and makes you curious to find out. Once you know it makes perfects sense.
Do you have to change the name of your podcast?
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.
Can you use a pseudonym on a podcast?
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.
