Friday Factoid: Hashtags Sometimes Function As a Mark

7/23/15

By Jonathan Wachs, Esq., Offit Kurman, Attorneys at Law

Jonathan R. Wachs

The USPTO in some cases will register a mark that includes a hashtag. A hashtag is a character string preceded with the symbol #, used to facilitate an Internet search on a specific keyword or topic. The USPTO may register a mark that includes HASHTAG or # symbol if the mark serves to identify the source of the applicant’s goods or services, but not if it merely describes the general goods or services being offered. For example, the USPTO would likely not register #RUNNER for running clothes, but it could register #I WILL for Under Armour in connection with such goods.

Sources: USPTO

If you have any questions regarding the content of this communication, please contact Jonathan R. Wachs: jwachs@offitkurman.com | 301.575.0302. If you would like to subscribe to receive Friday Factoids® in your inbox click here.

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