We all see hashtags every day on various social networks. But can a hashtag be used not only to promote something, but also as a trademark?
Let’s try to understand
Interestingly, in combination with the product name, the hashtag can perform the same functions as a trademark.
For the first time about such The US Patent and Trademark Office (USPTO) has stated that a mark that includes a hashtag symbol (“#”) or the term “hashtag” itself may be registered as a trademark if such a mark identifies the source of the applicant’s goods or services»
‼️However, USPTO must provide evidence that you use or intend to use a trademark with the hashtag to promote your own goods and services. (The Coca-Cola Company), # McDstories (McDonalds) and # makeitcount (Nike).
The current legislation does not contain any reference to the term “hashtag”. In accordance with Part 2 of Art. 5 of the Law of Ukraine “On protection of rights to marks for goods and services”, the object of the trademark may be! any designation or any combination of designations.
Such designations may include words, including proper names, letters, numbers, figurative elements, colors, shapes of goods or their packaging.
That is, a symbol or term of a hashtag in combination with a word / phrase MAY be registered (except for the cases provided for in Part 2 of Article 6 of the above-mentioned Law (in particular, when the TM is not distinctive; may enter in misconceptions about goods or services, in particular about their properties, quality or geographical origin, etc.). in practice.