Trademarking Your Influence: Tips For Protecting Your Personal Brand
In today’s digital landscape, influencers are not just content creators; they are brands. From distinctive taglines to signature product lines and unique logos, influencers invest significant time and effort into crafting identities that resonate with their audiences. However, without proper trademark protection, these valuable assets can be vulnerable to imitation and misuse. Here’s a guide to the best practices influencers can follow to secure trademark protection and safeguard their personal brands.
Understand What You Can Trademark
Trademarks protect names, logos, slogans, and other identifiers that distinguish your brand from others. As an influencer, you can trademark:
Your actual name, stage name, or pseudonym (e.g., "The Kitcenista")
Taglines or catchphrases (e.g., "Glow Up with Confidence")
Logos and brand symbols
Unique names for product lines, podcasts, or courses associated with your brand
Conduct a Thorough Trademark Search
Before you start using a name or logo, it’s critical to ensure it’s not already in use. A trademark search will help you avoid potential legal disputes and wasted marketing efforts. You can perform a basic search using the U.S. Patent and Trademark Office (USPTO) database or hire an attorney for a more comprehensive search.
File with the Right Classification
Trademarks are filed under specific classes of goods and services. For influencers, common classes may include:
Class 35: Advertising and marketing services
Class 41: Entertainment and education services
Class 25: Clothing and merchandise
The Trademark Trial and Appeal board recently heard a case, In re Gail Weiss, and instructed that simply providing a site that promotes the goods of others with links to complete the transaction on another site is not sufficient to constitute a trademark use for “online retail services” under Class 35. Without completing a direct sale of products to consumers, influencers will not be considered as offering the more direct online retail store service to consumers.
Unless influencers are going to be directly selling items that they are affiliated with, influencers should continue to file trademark applications for their main blogging and entertainment and entertainment media production services in Classes 35 and 41, as well as including more direct identifications for advertising, marketing, affiliate marketing, and potentially even items such as event marketing, if applicable. Influencers should also consider including more general descriptions for the promotion of the goods and services of others or promotional sponsorship services in Class 35 as an additional way for creators to cover the broader scope of services they are likely offering.
Trademark Early
Waiting too long to file a trademark can leave your brand vulnerable to copycats. As soon as you’ve settled on a name, logo, or tagline and are confident in its uniqueness, start the trademark process. Filing early ensures that you can establish priority over others who might attempt to use the same mark.
Document Your Brand Use
Maintaining proof of your use of the trademark in commerce is essential. Save screenshots of your website, social media posts, and marketing materials that feature the trademark. This documentation will strengthen your case in the event of a dispute.
Monitor and Enforce Your Trademark
A trademark is only as strong as its enforcement. Regularly monitor online platforms, marketplaces, and social media for unauthorized use of your trademark. Tools like Google Alerts and third-party monitoring services can help you stay vigilant. If you spot infringement, take action promptly by issuing a cease-and-desist letter or pursuing legal remedies.
Work with an Intellectual Property Attorney
The trademark process can be complex, especially if you’re filing internationally or face opposition. An experienced intellectual property attorney can:
Guide you through the application process
Help conduct a thorough trademark search
Provide counsel on enforcement strategies Investing in legal expertise early can save time and money in the long run.
Stay Current with Renewals
Trademark protection isn’t indefinite. In the U.S., trademarks must be renewed between the 5th and 6th year after registration and then every 10 years. Mark these dates on your calendar to maintain your trademark rights.
Leverage Your Trademark as a Brand Asset
Once your trademark is registered, use the ® symbol to signify its protected status. This not only deters potential infringers but also adds credibility to your brand. Additionally, your trademark can become a valuable asset for licensing, partnerships, or expansion opportunities.
As an influencer, your brand is your livelihood. Securing trademark protection is an investment in the longevity and authenticity of your identity. By following these best practices, you can shield your brand from infringement, build credibility, and pave the way for sustained success in the competitive world of digital influence. Don’t wait until your brand’s reputation is at risk—take proactive steps today to protect what you’ve built.
