How are Trademark Rights Acquired in Podcasts?
- Create Common Law Trademark Rights By Releasing Branded Content
- Use the Mark Prominently – Loud and Proud – Should be the Podcast Name – Should be in the Title & Intro
- Use the Mark Uniformly – Randomly adding words / phrases randomly to you mark dilutes the brand
What is a trademark for a 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.
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.
What class of goods can I file a podcast in?
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 podcast name?
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.
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.
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.
Can you use a brand name in a podcast title?
Title & Name: After you confirm that the title for your podcast is a word that is not a registered or common law trademark owned by someone else, you're in the clear! To avoid people infringing on your mark, successfully register your mark and use the ® symbol to denote that your trademark is registered.
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.
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.
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 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.
Should my podcast name be the same as my business 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.
Does it cost money to publish a podcast?
In fact, if you already have a computer and you're operating on a shoestring budget, you can record, edit, and launch a podcast for less than $200. On the other hand, if you want to use higher-end equipment, starting a podcast can cost a few thousand dollars.
How much does it cost to put a podcast on Spotify?
Podcasters will be able to select one of three price tiers for subscriptions through Spotify: $2.99, $4.99 or $7.99 per month. “We felt like rather than put the burden on creators [to set pricing], we should make a recommendation on what we feel are strong price points,” said Mignano.
Is there a charge for a podcast?
Music fans who are used to purchasing songs through iTunes may be accustomed to paying a dollar or more per song, but podcasts are almost always completely free.
How much do podcasts make per ad?
The amount of money a podcast can charge for an ad is charged per hundred thousand listeners (CPM). Advertisement rates can range from $20 CPM to $100 CPM.
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.
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.
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.
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).
How much does it cost to file a trademark?
The initial application fee ranges from $225 to $400 per class of goods/services. Before completing your application, make sure that you will meet all of the application requirements. If you fail to meet certain requirements, you will be required to pay an additional fee.
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 is the Madrid Protocol?
Consider other filings outside of the U.S., including through Madrid Protocol. The Madrid system helps brand owners register trademarks in multiple jurisdictions across the globe. The treaty ensures protection for brand owners in multiple countries, using one filing application and fee.
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.
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.
Bruno W Tarabichi
You should first clear the mark. If available, you can federally register your brand. You should seek the advice and assistance of an experienced trademark attorney. You should only register your mark in California, if you only plan to broadcast and market locally and if federal trademark protection is not available for your mark.
Alan Martin Sack
If you plan on investing in the mark then of course you should seek to obtain a federal registration.
Frank A. Natoli
RE: Service mark - are you providing goods in commerce or is it a service? Re: the cost - fees are a problem for start-ups. If the start-up is highly successful and there is no nationwide trademark protection then, of course, someone will attempt to conduct similar commerce using a similar mark.
Floyd Edwin Ivey
I would guess that you could register the title of a podcast show just as "MEET THE PRESS" was registrable for "ENTERTAINMENT SERVICES, THROUGH THE MEDIUM OF RADIO AND TELEVISION PANEL DISCUSSION PROGRAM". The important thing is that you should contact qualified legal counsel and get help so that you file correctly.
William F. Bernard
I suggest you start by speaking with a trademark attorney about clearing the rights to use the name, for all the goods or services on which you're thinking of using it. After that, a federal trademark registration application would likely be most useful for your podcast.
