Can You Trademark a Hashtag for Your Brand?

Key Takeaways

• Yes, you can trademark a hashtag — but only if it functions as a source identifier for goods or services, not just as a descriptive or generic tag.
• The USPTO and other trademark offices evaluate whether a hashtag is distinctive, used in commerce, and associated with a specific brand or product.
• Generic or merely descriptive hashtags (e.g., #icecream or #fashion) usually cannot be trademarked, while unique, brand-specific phrases (e.g., #ShareACoke) can be.
• Trademarking a hashtag offers significant legal protections, including exclusive rights to use it in commerce and the ability to prevent competitors from using confusingly similar tags.
• Businesses should carefully document commercial use, ensure the hashtag is not already registered, and consider international protections if operating globally.

Businesses that want to trademark a hashtag often go through the trademark process, so they can protect what they consider to be their intellectual property.

What Is a Hashtag?

A hashtag is a pound sign or hash character (#), followed by a word or phrase. Hashtags are used on social media to help categorize the content of the post. On social media, posts containing hashtags can be searched by keyword, and groups of posts can be created that are based on certain topics or interests. When businesses use hashtags, they can promote their services and products, engage with customers and consumers, and share news through social media platforms.

Are Hashtags Intellectual Property?

Twitter was the first social media platform to start using hashtags. Since then, the use of hashtags has spread to Instagram, Google+, and Facebook. Additionally, people use hashtags in regular communication, not just on social media. When a tweet contains a hashtag, audience engagement in that tweet can be doubled. For businesses, using hashtags is an important aspect of their marketing and engagement strategies.

A hashtag is too short to be considered for copyright protection. It isn't an invention or idea that would be subject to protection under patent laws. Therefore, the only option to protect a hashtag is filing for trademark protection.

Trademarks

A trademark is a design, word, symbol, phrase, or a combination of these that can distinguish the services or products of one organization or individual from the services or products of another.

Trademarks have two main purposes:

• Giving businesses an incentive to provide quality services and products
• Helping consumers to identify where services or products are coming from, which is a form of protection

The owner of a trademark has the exclusive right to use the mark on its goods or packaging, as well as in connection with its services. Although trademark rights in the United States are connected to the use of the mark, registering your mark on a federal level will increase the rights to use it. 

Benefits of registering your trademark include:

• The exclusive right and privilege to use the mark on a national basis on products and services
• Use of the registered symbol ®
• Nationwide notice of trademark registration
• Improved protection for domain names
• Inclusion in trademark searches on the United States Patent and Trademark Office (USPTO) website
• Legal ownership of the mark
• Foreign trademark registration facilitation in more than 50 countries (offered through the Madrid Protocol)
• The option to register with U.S. Customs to prevent confusingly similar or counterfeit products from being imported into the U.S.
• Incontestable legal status (comes after the trademark has been registered for five years)
• Potential monetary remedies from an infringer, including legal fees, damages, profits, treble damages, and cost

Trademarking Hashtags

According to the USPTO's definition, a hashtag is a phrase or word that includes the hash or pound symbol as its prefix. Some examples include #SCOTUS (Supreme Court of the United States) and #Chicago. Hashtags are commonly used on social media platforms to facilitate a search for a topic or keyword. A hashtag can also identify the content or topic of a post.

When determining whether a hashtag can be registered and protected under trademark laws, USPTO reviewers look at several factors:

• Types of services or goods being identified
• Context
• Use of the hashtag
• Where the hash symbol is placed in the mark

The types of services or goods being identified have an impact on whether the hashtag qualifies for trademark protection. A generic word or description will not be eligible. For example, if an ice cream shop used #icecream on all of its social media posts, this would be too generic. It doesn't clearly state the ice cream's source. Instead, it only identifies the class of product.

As the reviewers look at the context, they will determine whether it fits the requirements for trademark protection. In one example, a sewing company submitted an application to register #SEWFUN for use around sewing classes. This company used the mark on social media platforms to categorize and organize comments from users about the classes. In this case, the USPTO did not register the hashtag as it was not functioning as a trademark. The hashtag's placement will also impact whether it is protectable. 

When a Hashtag Can and Cannot Be Trademarked

The question “Can you trademark a hashtag?” depends on whether the hashtag is being used as a trademark — meaning it identifies the source of goods or services — rather than merely categorizing or describing content. The USPTO and courts look for several key factors to make this determination:

• Distinctiveness: The hashtag must be more than a generic term. It should be unique and capable of distinguishing your goods or services from others.
• Use in Commerce: The hashtag must be used in a commercial context, such as on product packaging, in advertising, or as part of brand promotion — not just in casual social media posts.
• Source Identifier: The hashtag should point consumers toward your brand. If it’s primarily being used as a social media trend or descriptor, it likely won’t qualify.

For example, a bakery using #BestCupcakes to describe its products is unlikely to succeed. But if that same bakery consistently uses #BestCupcakes as a brand element on packaging, ads, and promotions, it has a stronger claim. Conversely, a hashtag that merely references a movement, slogan, or topic without indicating source — like #Love or #ThrowbackThursday — would generally not be eligible for registration.

Steps to Trademark a Hashtag

Once you’ve determined that your hashtag qualifies for protection, the trademark application process is similar to that for traditional marks:

1. Search Existing Marks: Start with a comprehensive trademark search in the USPTO database (and internationally if applicable) to ensure your hashtag isn’t already registered or confusingly similar to another mark.
2. Document Use in Commerce: Gather evidence of your hashtag being used in marketing materials, packaging, website copy, or other business communications that show it as a source identifier.
3. File an Application: Submit a trademark application through the USPTO, specifying the goods or services associated with the hashtag.
4. Respond to Examiner Queries: Be prepared to explain how the hashtag is used as a trademark if the examiner requests additional information.
5. Maintain and Enforce: Once registered, actively use the hashtag and monitor for infringement. Enforcement can include cease-and-desist letters or legal action if necessary.

Examples of Successful Hashtag Trademarks

Many major brands have successfully trademarked hashtags to strengthen their digital presence and protect their marketing investments. Examples include:

• #ShareACoke – Registered by Coca-Cola for its global marketing campaign.
• #LikeAGirl – Owned by Procter & Gamble for its Always brand.
• #SmellLikeABook – Registered by Penguin Books as part of its social campaign.

These examples show that a well-conceived hashtag — tied directly to branding and used consistently in commerce — can qualify for trademark protection. On the other hand, generic terms like #Coffee or #Sale remain unprotectable due to their broad and descriptive nature.

Enforcement and Global Considerations

Trademarking a hashtag grants you exclusive rights to its commercial use within the jurisdictions where it’s registered. However, enforcement can be complex due to the international nature of social media. Consider these points:

• Global Registration: If your campaign or business operates internationally, consider registering the hashtag under the Madrid Protocol for protection in multiple countries.
• Monitoring Use: Use trademark watch services or social listening tools to track unauthorized use of your hashtag and respond quickly to infringement.
• Defending Your Rights: If competitors misuse your hashtag, you may have grounds to pursue legal action, provided the mark is distinctive and registered.

Frequently Asked Questions

1. Can you trademark a hashtag if it’s already widely used?
   Only if you can show that the hashtag functions as a source identifier for your goods or services. Generic, widely used tags are rarely protectable.
2. How much does it cost to trademark a hashtag?
   Filing fees in the U.S. typically range from $250–$350 per class of goods/services, not including attorney fees. Costs may be higher if filing internationally.
3. Do I need to use the hashtag before applying?
   Yes, generally the USPTO requires proof of commercial use, although you can file an “intent-to-use” application if you plan to use it soon.
4. Can I stop others from using my hashtag once it’s trademarked?
   You can prevent competitors from using it in a way that causes confusion or infringes on your brand, but you may not be able to stop all casual uses on social media.
5. Is it worth trademarking a hashtag for a short campaign?
   It depends on the campaign’s scale and importance. For major brand launches or recurring promotions, trademark protection can add significant legal and marketing value.

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