podcast trademark class

Do you have to trademark a podcast?

However, it's not absolutely necessary. Just consider whether naming your podcast something completely different might end up confusing people in the end. The last thing you want to do is segment your audience or make it difficult for them to consume your awesome content!

Is the word podcast trademarked?

Between February March 10 and 25, 2005, Shae Spencer Management, LLC of Fairport, New York filed a trademark application to register the term "podcast" for an "online prerecorded radio program over the internet".

How do you name a trade mark on a podcast?

0:212:57Should You Trademark Your Podcast Name? - YouTubeYouTubeStart of suggested clipEnd of suggested clipFor something you own the name or the identity. For something so that no one can come along andMoreFor something you own the name or the identity. For something so that no one can come along and usurp. You and steal it we've gone through this process many times at rubble based media with various

Is a podcast considered intellectual property?

What is Considered Intellectual Property in Podcasts? Many people associate IP with inventions, books, and televised media – but podcasts also contain significant IP assets. It is rare to have patentable assets for a podcast.

Is a podcast copyrighted?

If you can think of a topic, it probably exists as one of the millions of podcasts available in the United States. That being said, ideas are not protected by US copyright law. Additionally, facts, concepts, systems and methods of doing something are likewise not protected by copyright.

Are podcast titles copyrighted?

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.

How do I 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.

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.

How do you license a podcast?

Podcast Music Licensing: 4 Things You Need to Know1) Podcasts Require Sync Licenses. In order to use any copyrighted music in their show, a podcaster needs to obtain a synchronization license. ... 2) Don't Rely on Fair Use. ... 3) You Need to License Your Guests' Music. ... 4) Solutions Are on the Way.

How do I register a podcast for copyright?

You can register the copyright in your podcast as a basic claim using the Copyright Office's online registration system or using a paper application form available from the Copyright Office's website. Online registration is less expensive and has a faster processing time.

Can I make a podcast reading books?

Not all books can be turned into podcasts. If your book was published by a traditional publisher, it (not you) owns the rights to the book. You'll need to get the publisher's permission before turning your book into a podcast. If you self-published your book, you're free and clear to create your own podcast.

Can you name your podcast the same as someone else?

Does that mean you can't name your show the same as another podcast? 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 do I get a 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...•

What is the difference between a trademark and a copyright?

A trademark is a word, symbol, design, or phrase that denotes a specific product and differentiates it from similar products. Copyrights protect “original works of authorship,” such as writings, art, architecture, and music.

How do I know if a podcast name is taken?

Use Namecheckr and Instant Domain Search to get for a name's availability across multiple networks. Do Google searches, type the name into every podcast directory, and make sure it's not already trademarked.

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

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.

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 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.

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.

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 .

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.

3 attorney answers

Q: For the sake of argument assume it's as simple as "How bout them apples!" R: BEFORE you adopt any phrase as a trademark you're obligated to investigate whether anyone else is already the phrase or one similar to brand related goods or services.

Daniel Nathan Ballard

As noted by my colleague, you need to preliminarily find out whether your chosen phrase and image is viable and available BEFORE you apply.

Pamela Koslyn

You are correct that taglines and catch phrases are protectable (if at all) as trademarks. General information about appropriate classifications can be found on the USPTO's web site at http://www.uspto.gov/trademarks/resources/index.jsp (see the Acceptable Identification of Goods and Services Manual).