How to Trademark Hashtags in Australia
Art Law

How to Trademark Hashtags in Australia

“The more often the social media community uses a hashtag, the more likely others are to see it and make a connection with your brand. This means you have less control over a trademark than you would traditionally, but the risk comes with a positive outcome.” A hashtag is a useful way to promote your brand on social media platforms such as Twitter, Facebook, and Instagram. When the name of a brand, a tagline or catchphrase is hashtagged in a post, other users of the platform can find the hashtag easily by simply searching for that particular tag. It’s become an essential part of every brand’s social media marketing strategy. It can be used to attract new customers and engage with them. Can you trademark a hashtag? It makes sense that anything that has been formalized as part of a marketing plan should have trademark protection to protect the brand. And it is indeed possible to trademark a hashtag. A hashtag trademark follows the same registration rules as traditional trademarks. The Australian legislation that defines this is Section 17 of the Trade Marks Act 1995. It states that “A trademark is a sign used, or intended to be used, […]

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