On Wednesday, February 27, Marc P. Misthal spoke in a Strafford live webinar, “Hashtag Trademarks: Legal and Practical Implications of Use by Brand Owners or Third Parties.”
More and more brand owners are using hashtags that integrate their trademarks. Brand owners also see third parties using their marks as hashtags on social media. Should registered marks be used as hashtags? Can the mark be damaged or weakened by using it as a hashtag? Should a hashtag be registered as a trademark?
The panel guided trademark counsel on the use of trademarks as hashtags. The panel examined the pros and cons as well as the implications of using a mark as a hashtag. The panel also discussed the considerations for determining whether to use a mark as a hashtag, how to use it, and the steps to take to protect the mark when using it as a hashtag. The panel addressed trademarking hashtags.