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Archives for September 2021

Which Trademark Symbols Should You Use? – In Plain Language

registered trademark symbol

If you have a Federal trademark registration, you should use the letter R in a circle — ®. Otherwise, you should use TM or SM.  Trademark Symbols matter.

 

Knowing which trademark symbol you should use (and when to use that symbol) can be confusing. There are different symbols for different types of trademarks. This blog answers these questions – in plain language.  This post discusses and answers the following important questions:

  1. How many trademark symbols there are
  2. What the different trademark symbols mean
  3. When to use each of the different trademark symbols

 

How many trademark symbols are there?

There are three trademark symbols. 

 

What are the different trademark symbols? 

The three trademark symbols are:

  1. the small capitalized letters TM
  2. the small capitalized letters SM, and
  3. the letter R in a circle — ®

 

Which trademark symbol should I use?

It depends on whether you have a federal registration for your trademark.  Read about all of the advantages of Federal trademark protection here.

If you have a federal registration for your trademark, then you can and should use the ® symbol, which is sometimes referred to as “the circle r.” The ® is the most recognizable trademark symbol and signals that a trademark is protected by federal law.

If you DO NOT have a federal registration for your trademark, then you should use the TM or SM symbols next to your trademark.  This includes while your application for federal trademark registration is pending at the U.S. Patent and Trademark Office (USPTO).  Until the USPTO issues your official registration certificate, you should not use the ® symbol.

A word of warning.  It is unlawful to use the R if you have not registered your trademark with the U.S. Patent and Trademark Office. So, just don’t do it.

 

 

 

What does the TM trademark symbol mean?

The TM symbol is short for trademark. The TM symbol is often seen in superscript like this: TM If your brand is for a product (toothbrushes, t-shirts, mobile apps), you should use the TM symbol.

 

What does the SM trademark symbol mean?

The SM symbol is short for service mark. The SM symbol is often seen in superscript like this: SM If your brand is for a service (accounting, landscaping, entertainment), then you should use SM.

 

What does the ® trademark symbol mean?

The ® symbol is short for registered trademark. This symbol can be used with any type of registered trademark, including names, logos, phrases, and slogans.  Read more about when and how to use Trademark Symbols here.   

 

Ready to take the next step toward LEGALLY owning your Brand?

We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in protecting your name, logo, or slogan, we invite you to book a FREE brand protection strategy session with us here.

Can You Trademark A YouTube Channel Name?

Branding on YouTube is as important as content. You need to know how to protect both.

Can You Trademark YouTube Channel

By Michael Kondoudis, YouTube Trademark Attorney

Consistent branding, through your copy, images, and artwork, tells your story and the “why” behind your channel.  It is a powerful way to make a connection with viewers and subscribers. Branding is the key to attracting and retaining viewers and subscribers. The importance of protecting your YouTube Channel Brand cannot be overstated.

This blog answers the question: Can you use trademarks to protect a YouTube Channel?

If you need to know if trademarking can help you, read on.  This guide is for you.

Let’s get started!

Can You Trademark a YouTube Channel?

Yes, you can trademark a YouTube channel. A YouTube Channel is an entertainment service, which is protectable by trademarks. So, you can trademark your YouTube Channel name, logo, and slogan used to promote your YouTube channel.

®  Want help with your trademark?  

Do You Need to Trademark a YouTube Channel Name?

Yes, you need to trademark the name of your YouTube Channel. YouTube is becoming more popular every day.  Great names for great channels are very valuable.  If you do not protect the name of your YouTube Channel, anyone can use it and possibly even steal it.  If that happens, you would be forced to rebrand.

What Parts of a YouTube Channel Brand Can Be Trademarked?

The name, logo, or slogan used to promote your YouTube channel can be trademarked.

It is helpful to think of a YouTube Channel like a television network. After all, both provide audiovisual entertainment. Television networks like ABC, CBS, and NBC trademark their names, their logos, and their slogans (e.g., “proud as a peacock” or “must-see tv”).  So, you can (and should) do the same with your YouTube Channel Brand.

Read why trademarks are the ultimate protection for any brand.

What Parts of a YouTube Channel Cannot be Trademarked?

Not every part of a YouTube channel can be trademarked.  You cannot trademark content, such as videos and photos. Trademarks protect how you identify and promote your content. A trademark will not prevent another YouTuber from creating videos that are similar to yours. 

But, there is good news.  YouTube provides resources for content creators to file copyright complaints to stop unauthorized use of your content. 

We make trademarks easy!

How Do You Trademark a YouTube Channel?   

To trademark a YouTube Channel name, logo, or slogan, you need to apply to the U.S. Patent and Trademark Office.  Learn about how here

A word of warning – filing an application starts a Federal legal proceeding that can be very confusing and complicated.  For this reason, and many others, the U.S. Patent and Trademark Office recommends that you work with a trademark attorney.  Learn why.

When Should You Trademark a YouTube Channel?

Most experts agree that you should trademark a YouTube channel brand earlier rather than later. If you plan on investing your valuable time, energy, and creativity into building a YouTube brand, if it generates a decent amount of income, or you are interested in live streaming, you should trademark your YouTube Channel name as soon as possible. 

Condensed Summary

When It Comes to YouTube Channel Names, Trademarks are Your Best Friend

The answer is clear – you trademark a YouTube channel name. Trademarks are specifically designed to protect brand identifiers like YouTube channel names, logos, and slogans.

The U.S. Patent and Trademark Office (USPTO) accepts applications to trademark YouTube channel names, and applicants register trademarks for YouTube channel names every day. Trademarking a YouTube channel name offers stronger and broader protection, ensuring that you have the exclusive legal right to use the mark and prevent the use of any mark that is identical or confusingly similar to your trademark.

 

When It Comes to YouTube Content, Copyrights are What’s Called For

You copyright YouTube content, like vidoes. Copyrights shield creative and expressive works like movies, TV shows, songs, and plays from copying.

 

Why Trademark a YouTube Channel Name Instead of Copyrighting It?

Trademarks protect brands, like names of YouTube Channels.  Copyrights protect expressive and creative works, like YouTube videos and other content.  So, you trademark the name of a YouTube Channel and you copyright the vidoes you put on your channel. 

 

Summing Up: Trademark Your YouTube Channel Name for the Best Protection

So there you have it! Next time someone asks you whether to copyright or trademark a YouTube channel name, you can confidently tell them to go for a trademark registration. This option provides stronger and more comprehensive legal protection for business owners looking to safeguard their YouTube channel names and brand identifiers.

Take the Next Step and Legally 

Own Your Trademark

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Take the Next Step Legally Own Your Trademark

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Seven Killer Ways to Brand Your YouTube Channel

It can be a hard truth to accept. YouTube audiences have short attention spans.  Even though you make entertaining and valuable content, you will still miss subscribers and views – unless you do one thing.  What is that one thing?  You need to develop and nurture your YouTube brand.

 

Why Do You Need to Brand Your YouTube Channel

To increase views and subscribers and, later, sponsorship revenue and live streaming opportunities. Branding makes it easier for viewers to find and identify your content. The easier you make it for visitors to quickly find and identify your content, the more likely they are to discover your content and subscribe.

 

How Do You Brand a YouTube Channel? 

The good news is that developing and nurturing your YouTube Channel brand does not have to be complicated.  Here are seven tips that will help you grow and protect any YouTube Channel Brand:

1. Choose a protectable name

2. Use a stylized channel banner

3. Make a channel trailer

4. Use consistent, custom thumbnails and profile pictures

5. Use a video bumper with a name and/or logo

6. Organize your content into playlists

7. Use the correct trademark symbol

8. Consult a trademark professional

 

1. Choose a Protectable Name for a YouTube Channel

Picking names that cannot be trademarked is the #1 mistake YouTubers make when naming their channels.  By picking unprotectable names, many YouTubers discover too late that their brands are at risk.

The hallmark of a trademark is that it is a “source identifier” for a product.  On YouTube, the product is content and the sources are content creators.  So, on YouTube, avoid names that describe the subject matter of your videos.  For example, a YouTube channel about hiking should not be named “The Hiking Channel.” A channel about vintage cars should not be named “Vintage Cars.” 

Read more about how to pick a strong trademark here.

 

2. Make a Customized YouTube Channel Banner

A YouTube Banner is the large banner that goes across the top of your channel page. A banner visually communicates a channel’s brand and personality.

Channel banners are prime real estate. They can do much more than just show off logos and graphics. Use yours to start educating your viewers on what kind of channel you are, how often you upload, and share helpful links. This will help viewers understand what to expect from your content and the value your channel presents.

Remember that your banner is the first impression that visitors get when they visit your channel home page.  So, use an image that represents your channel. 

Tip: You can brand your banner by either including your logo or creating a unique image in the same color palette that you use in your other marketing material. Your channel art should be attractive and consistent with your brand. Canva is a great resource for making banners.

 

3. Make and Enable a YouTube Channel Trailer

A trailer is a video that appears when someone visits your channel. In many ways, it is like a personal greeting to visitors to your channel.  A Channel Trailer helps people quickly learn about your YouTube channel. This trailer is automatically displayed at the top of a YouTube Channel Page for non-subscribed visitors.

A channel trailer is an opportunity to almost personally shake the hand of every viewer who comes to your YouTube channel, capture their attention, explain your cause, and earn their attention.

Remember that a majority of your visitors will only visit your channel home page once, YouTube statistics show. So, create a short video keeping first-time visitors in mind. A simple formula to follow would be to introduce yourself, explain your channel, describe the type of content you upload, and how often you upload.

While there’s no perfect length for a trailer, YouTube recommends keeping your channel trailer “short.” YouTube marketing experts recommend that you limit the length of your trailer to 30-60 seconds.

Enabling a YouTube channel trailer takes just four steps. 

  1. Sign in to YouTube Studio.
  2. From the left menu, select Customization. Layout.
  3. Under Video spotlight, click ADD and select a video for your channel trailer.
  4. Click Publish.

 

4. Use Consistent, Custom Thumbnails and Profile Pictures

YouTube is about more than just video content.  Images play an important role. Consistent, custom thumbnails essentially stamp your content with your brand and help viewers find your content in search and suggested results. High-quality profile pictures, because they appear in more places than any other channel element, are indispensable.

Profile picture: Your YouTube profile picture makes the first impression people will have on YouTube, which may determine whether or not people click on your channel. 

If you are a company, consider using your logo or an image with your business name on it. If you are a vlogger, you can use your headshot. Just make sure that you use the same logo/headshot on your other social media channels and your website to maintain brand consistency. 

Thumbnail: The thumbnail is what YouTubers will see when your content is suggested to them. So, obviously, it matters. Also, keep in mind that the better it looks, the more people will click on your video and watch it.

 

5. Use a Bumper with a Name and/or Logo

This one may seem like overkill but remember that a new viewer will not be familiar with your channel and its content.  Even a simple 5-second bumper can be effective, and this practice has become widespread.  Don’t be shy – plug away! 

 

6. Organize Your Content into Playlists.

Playlists are a group of related YouTube videos grouped by topic or theme. When a user watches a playlist, the other videos in that playlist automatically play.

Playlists are important, and a lot of YouTubers don’t take advantage of this feature. Some of the benefits include:

  • giving a potential subscriber a look into the types of videos you create without having to watch them. 
  • making it easy to curate your content into different categories, which makes it easier for visitors to find the right content for them.
  • increased watch time because playlists automatically play all of the videos in that playlist.
  • improved video SEO because playlists can rank for keywords that your audience searches for on YouTube.

Tip: make a “best of” playlist.

 

7. Use the Correct Trademark Symbols With Your Channel Name, Logo and Catchphrase

Trademarks convey scale a gravitas by showing that you take your channel seriously.  Using the correct symbol is essential.  For a Federally registered trademark, you should use the ® symbol.

Learn all about trademark symbols and how to use them here.

 

8.  Consult a Trademark Professional

We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in protecting your YouTube Channel name, we invite you to book a free brand protection strategy session with us here.

How To Trademark Your YouTube Channel – ALL YOU NEED TO KNOW

Trademark YouTube Channel

By Michael Kondoudis, YouTube Trademark Attorney

You know how to make engaging and creative YouTube videos. And, now you’re starting to grow a community of loyal subscribers. As your channel grows, legally protecting it becomes important.

But how do you safeguard this valuable asset? How do you protect a YouTube Channel Brand?

This blog post discusses protecting a YouTube Channel Brand with trademarks and answers important questions about trademarking a YouTube channel.

Let’s get started!

CONTENTS

I. PROTECTING A YOUTUBE CHANNEL

How Do You Protect A YouTube Channel?

The best way to protect a YouTube Channel is to trademark the name, logo, and any slogan that you use to promote the channel. Trademarks protect brands, including YouTube Channel brands. Trademarking your YouTube Channel is the best way to protect it.

Can you legally protect your YouTube Channel name?

Yes, you can legally protect the name of your YouTube Chanel with a trademark. Trademarking your YouTube Channel name is official confirmation that you legally own it. Confirming the legal ownership of the name of your YouTube Channel ensures name recognition for your content.

How do you protect your YouTube Channel name?

The most effective way to protect the name of your YouTube Channel is to trademark it. Trademarking your YouTube Channel name will protect it by giving you exclusive rights to your channel name and preventing others from using the same or similar name.

Many YouTubers wonder if they can trademark the name of a YouTube Channel.

To be clear; the answer is YES. You can trademark a YouTube Channel name, and many YouTubers have! Trademarking the name of your YouTube Channel is the most effective way to protect it and the brand identity you’re building in your channel.

II. A BIT ABOUT TRADEMARKS

What is a Trademark?

A trademark is a badge of origin that distinguishes the source of goods (or services) from one enterprise from those of others.  The most common trademarks are words (names), phrases, logos, and designs.

The primary purpose of a trademark is to prevent consumer confusion by making sure that competitors do not use the same or similar name or symbol.

A Federal trademark is an enhanced trademark that has been certified by the U.S. government. It comes with exclusive nationwide legal rights.

Protecting a YouTube Channel Infographic

III. WHICH PARTS CAN BE TRADEMARKED?

Which Parts Of A YouTube Channel Can You Trademark? 

The name, logo, or slogan that you use to promote your YouTube channel can be trademarked.  

A great example is the Youtuber MrBeast, with over 165 million subscribers. He has trademarked his unique name and logo for online content, clothing, and more.

U.S. Trademark No. 5,930,575 for MRBEAST Name

MrBeast Name Trademark Registration

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New Applications – Legally own your trademark.

Office Actions – We can navigate the trademarking process at the USPTO.

Enforcement – Flex your trademark rights. Stop copycats.

IV. TRADEMARKING A YOUTUBE CHANNEL

How Do You Trademark A YouTube Channel?

You trademark the name of your YouTube Channel by applying to the U.S. Patent and Trademark Office (USPTO) and getting your application approved for registration. Trademarking a YouTube Channel name is a legal process that usually takes about 12 months. So, the sooner you start trademarking your YouTube Channel name, the better.

Here’s how to start the process to trademark the name of your YouTube Channel:

  • Select a unique name and logo. Read more about how to pick a strong trademark here
  • Check whether anyone else has registered or applied to register the name and logo
  • Collect the required information and decide on a trademarking strategy
  • Prepare and file your new application (correctly) with the U.S. Patent and Trademark Office, or “USPTO,” for short.
  • Navigate the USPTO application review process, which takes several months.
  • Use the correct trademark symbol with your channel name.  Read more about trademark symbols here

     

The USPTO will grant your application and add your trademark to the list of Federal (registered) trademarks IF your application meets all of the requirements of the Federal Trademark Statute. If the USPTO does not initially grant your application (which happens over 80% of the time), you would need to respond to the reasons for the rejection.

When Should You Trademark A YouTube Channel?

Most experts agree that you should trademark a YouTube channel brand sooner rather than later. So, if you are serious about your YouTube channel, it generates a decent amount of income, or you are interested in live streaming, you should trademark the YouTube channel name as soon as possible. The urgency is even greater when your YouTube channel is established, and you are frequently creating and uploading videos.

Simply put, the sooner you file your trademark application, the better.

V. WHY YOU SHOULD TRADEMARK YOUR YOUTUBE CHANNEL

Why Should You Trademark Your YouTube Channel? 

Branding on YouTube is as important as content.

A trademark will prevent any other YouTube channel from using your name, logo, and slogan. This is an essential step in building your YouTube channel’s brand.

Trademarking your YouTube Channel confirms YOUR legal ownership of it and how it is used. Legal ownership means that no one can take it from you, and you won’t ever be forced to rebrand.

Also, trademarking your YouTube channel prevents other YouTubers from using your name, logo, and slogan for their channels.  This, in turn, ensures that your channel remains distinctive.

Plus, trademarking your YouTube Channel makes merchandising easier.  For example, the YouTuber PewDiePie (100+ million subscribers) uses his distinctive PEWDIEPIE name and his caricature logo to brand his channel. These brand elements protect the way that his content is identified and promoted. This protection can also extend to promotional materials, or even merchandise like clothing, though it’s probably a good idea to also file for a separate mark on merchandise if it is a major revenue stream.

Trademarking your YouTube channel is an essential step in building a specific brand identity for your channel. Building and protecting a brand identity makes it easier:

  • for your followers to find your newest content
  • to leverage your channel into merchandise like t-shirts, hats, and posters
  • to have profitable live streams and sponsorship opportunities.

If you don’t trademark your YouTube Channel, then you won’t have exclusive rights to it. Other YouTubers could use your name and logo or ones that are really close.

IMPORTANT UPDATE FOR 2023: YouTube has recently implemented a system to stop trademark infringement. YouTube already has policies that specifically prohibit infringement of registered trademarks. Now, YouTube has an automatic trademark infringement scanning service. Any videos that are found to infringe existing trademarks are blocked and channels suspended. More information about this system can be found here.

VI. DO YOU NEED A TRADEMARK LAWYER?

Do You Need A Trademark Attorney To Protect A YouTube Channel?

No, but the U.S. Patent and Trademark Office strongly recommends that all applicants work with a trademark attorney – for several reasons. (see below).

Why Should You Consult a Trademark Attorney to Protect Your YouTube Channel?

Filing a trademark application with the U.S. Patent and Trademark Office to register your YouTube Channel Brand starts a legal process that can get complicated, expensive and confusing.  Working with a trademark attorney can make the process go smoother, faster, and result in better protection. That’s why the USPTO strongly recommends you work with a trademark attorney.

Also, studies show that working with a trademark attorney can increase your chances of successfully trademarking your brand by over 50%.

Your YouTube Channel Brand is essential to your online success. Filing a trademark isn’t a simple process, but the protection it affords your brand is worth your time and effort. If you do it correctly, you can secure your brand for years to come.

Take the Next Step and Legally 

Own Your YouTube Channel Name!

Schedule a Free Strategy Call

Take the Next Step Legally Own Your YouTube Name!

Request a Free Strategy Call

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