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
RELATED: 7 Killer Ways to Brand a YouTube Channel.
See How My Law Firm Can Help You Protect Your Trademark
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!
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Take the Next Step Legally Own Your YouTube Name!
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For more than twenty years, Michael Kondoudis has been the go-to trademarking expert for businesses of all shapes and sizes. Michael is a USPTO-licensed trademark and patent attorney, educator, speaker, and author of the Amazon best-seller: Going From Business Owner to Brand Owner. He is also an authority trusted by national news media on major trademark stories.
Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).