Key Takeaways

  • YouTube trademark infringement involves unauthorized use of a protected name, logo, or phrase in a way that confuses consumers.
  • Registering a trademark helps secure your YouTube brand and provides legal recourse.
  • Trademark owners can report infringement through YouTube’s complaint form or contact the channel directly.
  • YouTube does not resolve trademark disputes between parties in different industries.
  • Creators can protect their brands by registering trademarks and securing their YouTube channel name early.

YouTube trademark infringement occurs when a YouTube account uses the trademark of another in a way that causes marketplace confusion. Any word, slogan, symbol, or combination of elements that distinguishes a product from other products is a trademark. A business or entity legally acquires a trademark, which gives them exclusive rights to use the symbol, name, or slogan in question.

What Is Trademark Infringement?

Unauthorized or improper use of a trademark that causes confusion in the marketplace constitutes trademark infringement. YouTube has policies in place that prohibit creators that use the platform from infringing on the trademarks of others. Channels that upload trademark-infringing content can have their videos blocked and/or their channels suspended.

YouTube is not the right outlet through which to mediate trademark disputes if you believe a YouTube account has violated your trademark. However, you can report infringement violations through the platform using a system that YouTube has put in place. You may get faster, more amenable results if you contact the infringing account directly. YouTube has a private messaging feature that can be used for this purpose. If contacting the perpetrator does not lead to a resolution, you can then submit a trademark complaint form.

In the near future, you may be able to register your real name as a YouTube URL. When it comes to business names, YouTube cannot mediate trademark disputes if the businesses in question are in different industries. If you have your own YouTube channel, you are probably aware that copyright claims are common. This occurs when YouTube indicates that the person who uploaded a video is violating the copyright of specific elements in the video, such as music.

Common Examples of YouTube Trademark Infringement

Trademark infringement on YouTube can take many forms. Understanding these examples can help creators recognize when a violation occurs:

  • Using another brand’s logo or name in video titles, thumbnails, or channel names to gain views or followers.
  • Mimicking brand elements, such as slogans or jingles, that cause confusion among viewers.
  • Selling or promoting counterfeit products via YouTube videos or links in video descriptions.
  • Passing off content as affiliated with or endorsed by a known brand when it is not.

While parody or commentary may fall under fair use, directly using a trademark in a misleading or commercial way often constitutes infringement.

Submit a Trademark Complaint

YouTube will review and respond to reasonable trademark complaints and remove clearly infringing content. They will give the accused infringer the opportunity to address trademark issues before removing the video in question. You can submit trademark complaints to YouTube via postal mail, email, or fax. A counterfeit complaint should be filed if your issue relates to counterfeit goods being sold or promoted through the platform. Copyright complaints are appropriate when the copied work in question is a book, movie, song, or other previously published work.

What Happens After You File a Complaint?

Once a trademark complaint is submitted, YouTube conducts a review to determine whether infringement has occurred. Here’s what to expect:

  • Initial Review: YouTube verifies the complaint’s completeness and whether it reasonably alleges a violation.
  • Notice to Infringer: If the complaint is deemed valid, the alleged infringer is notified and given a chance to respond.
  • Content Removal: Infringing videos or channels may be removed or restricted if the violation is confirmed.
  • Repeat Offenses: Repeated violations may lead to channel termination.

Trademark owners should provide as much detail as possible to aid YouTube’s decision-making and protect their rights effectively.

Trademark Complaint Requirements

YouTube offers an easy reporting form through which you can file a trademark complaint. You'll need to provide the following details:

  • Your information, including your legal name, company name, the name of the trademark owner and your relationship to him or her, and an address, telephone number, or email address where you can be contacted
  • The details of the trademark, including the jurisdiction where it is registered
  • The trademark registration number and grounds for use-based rights, if any
  • The specific URLs of the channels and/or videos that infringe on your trademark
  • The details of the alleged infringement
  • The legal affirmations that you believe that the use of your trademark is unauthorized and not permissible by law, that the information you have provided is correct and true, and that you consent to your complaint being forwarded to the alleged infringer
  • Your physical or electronic signature

By filling out this complaint form, you agree that YouTube may forward your information to the Chilling Effects Clearinghouse. They may publicly post a notice about your submission but will remove any of your personal contact information before doing so.

How to Claim Your Trademark on YouTube

Creatives should be concerned about the fact that just about any phrase can be legally trademarked. Content that includes a trademarked phrase can then be removed from YouTube. For example, a YouTube creator known as devinsupertramp got 400,000 views in 36 hours for a video partially titled "People Are Awesome." The video was subsequently removed because another company trademarked that common phrase. YouTube replaced the video with a message saying, “Video Removed: Trademark Issue.”

Little case law currently exists on trademark infringement via social networks like YouTube. Most cases are resolved through YouTube dispute mechanisms or mediation and few go to court. For this reason, it's much easier to accuse others of social media trademark infringement than it is to recover handles that were not trademarked. When you decide on a product, brand, or company name, reserve social media profiles right away.

Follow these steps to claim your trademark on YouTube:

  • Go to YouTube.
  • Log in with your Gmail address.
  • Select the profile icon located in the top right corner.
  • Select the wheel icon next to “Creative Studio.”
  • Select “Create New Channel.”
  • The name of your channel should be the same as your trademark name. Then, choose the category that best fits your business.
  • Upload a profile image that reflects your business activities and target audience. Change the background color and appearance settings to match your company's colors.
  • It is recommended that you upgrade to a “Branded Channel,” which gives you more design options and a personalized URL to solidify your trademark ownership on YouTube.

Can You Use a Similar YouTube Name as Someone Else?

YouTube allows multiple channels to have similar or even identical names unless one party has a registered trademark. However, using a similar name can still lead to legal consequences if:

  • It creates confusion among viewers.
  • The name implies association or endorsement by the trademark holder.
  • It dilutes the original brand’s identity or reputation.

To avoid potential disputes, YouTubers should research existing trademarks before choosing a name and prioritize originality.

Steps to Register a Trademark for Your Channel

Registering a trademark adds a layer of legal protection for your YouTube brand. Follow these general steps to register:

  1. Choose a Unique Name: Ensure your channel name is distinct and not already in use.
  2. Conduct a Trademark Search: Use the USPTO database or consult an attorney to check for existing trademarks.
  3. File with the USPTO: Submit your application online, including details about your mark and intended use.
  4. Monitor Progress: Stay updated as your application goes through examination, possible objections, and publication.
  5. Maintain Your Trademark: Once registered, you must renew it and monitor for infringement.

This process is essential for YouTubers seeking to expand into merchandise, licensing, or broader brand ventures.

Frequently Asked Questions

  1. Can I get in trouble for using a brand name in my YouTube video?
    Yes. If your use of a brand name implies affiliation or causes confusion, it could be considered trademark infringement.
  2. What should I do if someone is using my trademark on YouTube?
    Start by contacting the user directly. If that fails, file a complaint with YouTube using their trademark complaint form.
  3. Is registering a trademark necessary for my YouTube channel?
    While not required, registering your trademark offers stronger legal protection and helps prevent others from using your brand.
  4. Can two YouTube channels have the same name?
    Yes, unless one of the names is trademarked. Even then, YouTube does not automatically resolve such disputes unless there's clear infringement.
  5. How long does it take to register a trademark for a YouTube name?
    It typically takes 8 to 12 months through the USPTO, though this can vary depending on the application and any objections raised.

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