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. Contrary to what many believe, it is not necessary to register your trademark with the United States Patent and Trademark Office (USPTO) to have a trademark. However ...
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.
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).
How do I choose a name for my podcast?
If you have a podcast name you think might work, first you should search for that name in the common podcast directories (such as Apple Podcasts, Stitcher, and Spotify) to check and see if there’s a conflict. Pro Tip: the podcast name doesn’t have to be identical for there to be a legal conflict.
Can I name my podcast entrepreneurzz on fire?
Pro Tip: the podcast name doesn’t have to be identical for there to be a legal conflict. So don’t try to call your podcast “Entrepreneurzz on Fire”, wise guy!
Do I need a trademark for a podcast?
Contrary to popular belief, you don't have to register your trademark with the United States Patent and Trademark Office (USPTO) to have a trademark. As soon as you publish a podcast using your show name and logo, technically you have created your trademark.
Can I use a podcast name that is already taken?
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 podcasts have the same name?
If it is the same name, the next step is to see whether the other person has registered a trademark for the name of their podcast in the United States and, if so, when they obtained the trademark.
How do I know if a podcast name is trademarked?
At a minimum, check the trademark database in the country where your podcast will be based. For example, if your podcast is based in the US, go to https://www.uspto.gov/trademarks-application-process/search-trademark-database to search the trademark database of the US Patent & Trademark Office (USPTO).
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.
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.
Are podcasts copyrighted protected?
Copyright law is relevant to podcasts because it applies to creative and expressive works, which are most of the things that are included in a podcast. This includes, for example, performances, scripts, interviews, musical works and sound recordings.
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.
Are podcast names copyrighted?
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 do I get 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...•
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.
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.
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.
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.
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.
