Trademarking is an essential component of modern branding strategies. Put another way, “branding” is about trademarking. One key aspect of branding is the consistent use of a brand/trademark across social media platforms (like TikTok, Instagram, YouTube, X, personal websites, and more). Influencers spend enormous effort using a unique brand name or concept across multiple platforms. It is that unique brand that allows your fans to find and follow you across the social media landscape.
Failing to trademark could mean a waste of all of that effort. At a minimum, failing to trademark could lead to costly litigation to establish the priority of use for your brand. The cost of that litigation will far exceed any costs associated with filing for and obtaining a federal trademark registration. Let’s examine a hypothetical. Imagine you’ve established a number of social media accounts using the brand SUPERINFLUENCER. Because of talent and hard work, you have great success, and the number of followers and subscribers has skyrocketed. Now imagine that someone else starts using the brand SUPERINFLUENCER, which begins to take away engagement from your accounts. Even worse, imagine that the other person HAS successfully obtained a federal trademark registration for the word SUPERINFLUENCER even though you have been using the word-mark for years. That is a “nightmare scenario.” You can now be sued in federal court for infringing on THEIR trademark (which might cost a lot of money if you lose the litigation). Another option is for you to begin federal trademark litigation to cancel their registration by proving that you are the true owner of the SUPERINFLUENCER brand. It goes without saying that litigation is expensive. The final option is to abandon the use of your brand/trademark and create a new one. That option will also be expensive as the shift will surely cause a loss of subscribers, followers, and engagement.
As this hypothetical demonstrates, registering your brand as a federal trademark is far better and less costly than the alternatives. Once registered, you are in the “driver’s seat” when it comes to claims of infringement. The owner of a brand/trademark has the right to exclusive use and can sue another who attempts to use that trademark (or one that is confusingly similar). In short, by registering your trademarks, you sue THEM — not the other way around. Registration also creates a legal assumption that you actually own your trademarks.
Other benefits of social media influencers trademarking
Social media influencers experience other benefits from trademarking. For example, over the years, trademarks become financial assets that can be exploited to increase revenue and wealth. In some cases, trademarks can be used as collateral for financing. In other cases, trademarks can form the core value of a business for selling the business or attracting investors for a business expansion. (And, yes, social media influencers are running businesses.) Trademarks can also be licensed for use by others – another way to expand awareness, reach, and influence.
Other benefits include:
- Enhanced legal protections, including potential enhanced damages against an infringer
- After a time, a famous trademark obtains even more legal protection against brand tarnishment
- Easing efforts to register the trademark internationally
- Simplifying entry onto new social media platforms
- Allowing easy transition to marketing and sale of physical products (such as t-shirts, mugs, etc.)
- And more
Contact the Trademark Attorneys at Revision Legal
For more information, contact the experienced Trademark Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.
