With over 300 million members who share more than 70 million photos and videos each day, Instagram has become a popular global community where individuals and brands can share photos and videos. In the spring of 2014, more than 3 million users interacted with more than 2,500 brand posts, which generated a per-follower engagement rate of 4.21 percent. Id. Instagram delivered 58 times more enhancement per follower than Facebook and 120 times more engagement per follower than Twitter. Id.

Since Instagram has a greater percentage of brand-follower engagement, it is especially important for trademark owners to select their trademarked name as their Instagram username.

Because “[a] trademark is a mechanism for identifying the source of a good or service and a technique for providing marketing advantages for the owner of the trademark,” the use of their mark provides other Instagram users and consumers with a mechanism to easily search for the trademarked name and the ability to receive information and communication pertaining to that brand or individual associated with the trademarked name. See Trade Dress Protection.

As a result, we are often asked about how to claim your trademark as an Instagram username.

Can I Trademark My Instagram Username?

Similar to Twitter as discussed in How to Claim Your Trademark as a Username on Twitter, Instagram usernames are obtained on a first-come, first-served basis. With this in mind, it is best for trademark owners to try and obtain their trademarked name as their username as soon any social media app is launched. Instagram differs from other social media networking sites because accounts with prolonged inactivity may be permanently removed. Therefore, if your desired username is not available, Instagram recommends that users should consider choosing an available version of the username. Instagram suggests adding periods, numbers, underscores, or abbreviations. Moreover, it is important that owners of a trademark who have selected their trademarked name as their username on Instagram actively use their account in order to ensure permanent ownership of their username. A username can be edited after the original selection by choosing to edit your profile.

Instagram Trademark Violations

Similar to a trademark violation on Twitter, an Instagram trademark violation occurs when another uses “a company or business name, logo or other trademark-protected materials in a manner that may mislead or confuse others with regard to its brand or business affiliation.” However, using another’s trademark in a way that has nothing to do with the product or service it represents, such as using the mark to comment on an unrelated issue, is not a violation.

Instagram’s Intellectual Property Policies in Detail

Instagram’s trademark enforcement framework is part of the broader intellectual property policy enforced by Meta Platforms, Inc. (formerly Facebook, Inc.), which acquired Instagram in 2012. Understanding how that policy works in practice is essential for brand owners who want to protect their marks on the platform.

Filing a Trademark Report on Instagram

Instagram allows trademark owners to submit reports through its online reporting portal when they believe their trademark is being infringed. The process requires the following information:

• The trademark owner’s legal name and contact information;
• The trademark registration number and country of registration;
• A description of the trademark, including the goods or services it covers;
• The username or URL of the infringing account;
• A description of how the account’s use of the mark is likely to mislead or confuse consumers.

Instagram reviews these reports and may disable or modify the offending account if it determines that a violation has occurred. Instagram can take several remedial actions, including removing the infringing username, disabling the account, or requiring the user to modify the account in ways that reduce confusion. However, Instagram does not automatically transfer a disputed username to the trademark holder—it simply removes the infringing account, leaving the trademark owner to establish a fresh account with the desired handle.

Instagram’s Verified Badge and Brand Protection

Instagram’s verified badge—the blue checkmark—serves an important function for trademark holders. It signals to users that an account is the authentic presence of a notable person, brand, or entity. For trademark owners, obtaining verification is a proactive brand protection measure. A verified account is significantly less vulnerable to consumer confusion from copycat accounts because users can identify the official account at a glance.

To be eligible for verification, an account must represent a real person, registered business, or entity, and must be unique (only one account per brand may be verified), complete (with a bio, profile photo, and at least one post), and notable (representing a well-known brand or person). Verification applications are evaluated on these criteria, and not all trademark holders will qualify. For those who do not yet qualify, maintaining an active, professional account with consistent branding is the best alternative.

The Lanham Act and Instagram Infringement

Platform-level reporting is often the fastest path to resolving a username dispute, but it is not the only avenue available to trademark owners. Where another party’s Instagram presence causes actual consumer confusion about the source or affiliation of goods or services, a civil trademark infringement claim under the Lanham Act, 15 U.S.C. §1051 et seq., may be available.

Courts analyzing social media trademark infringement cases apply the same likelihood of confusion factors used in traditional trademark disputes. These factors, derived from cases like AMF Inc. v. Sleekcraft Boats, 599 F.2d 341 (9th Cir. 1979), include:

• The strength of the plaintiff’s mark;
• The proximity of the goods or services;
• The similarity of the marks;
• Evidence of actual confusion;
• Marketing channels used;
• The degree of care likely to be exercised by the buyer;
• The defendant’s intent in selecting the mark; and
• The likelihood of expansion of the product lines.

In the Instagram context, the most powerful evidence of infringement is typically screenshots showing consumers expressing confusion about whether an account is official, or direct messages sent to the infringing account under the mistaken belief that they are communicating with the brand.

Copyright Considerations on Instagram

Trademark is not the only intellectual property concern on Instagram. Copyright also plays a significant role. Under Instagram’s Terms of Use, users grant Instagram and other users a license to use content they post. This license is broad enough to allow Instagram to display the content, but it does not authorize other users to download and repost a rights holder’s photos, videos, or other creative works without permission.

Brands that create original visual content for Instagram should understand that posting that content to Instagram does not eliminate their copyright. They retain ownership of the underlying work. If another user reposts that content without permission, the original creator can file a DMCA takedown notice with Instagram, which is required to respond expeditiously under 17 U.S.C. §512.

Proactive Steps for Protecting Your Trademark on Instagram

• Register on Instagram immediately. When you launch a brand or obtain a trademark registration, claim the corresponding Instagram handle the same day. The cost of registering an unused account is zero; the cost of reclaiming a disputed handle can be significant.
• Post consistently. Instagram’s policy allows it to reclaim inactive handles. Posting at least several times per month keeps your account active and your handle secure.
• Monitor for infringement. Set up Google Alerts and use Instagram’s search function to periodically check for accounts using your brand name or similar handles. Early detection dramatically reduces the damage caused by infringement.
• Register your trademark. Federal trademark registration provides the strongest foundation for platform complaints and litigation. Unregistered mark holders can file complaints, but registration significantly streamlines the process and strengthens the legal claim.
• Pursue verification. A verified badge distinguishes your official account from impostor accounts and is one of the most cost-effective brand protection tools available on the platform.

If you have questions about protecting your trademark on Instagram or other social media platforms, contact Revision Legal’s trademark attorneys at 855-473-8474.