Okay, you’ve picked a unique podcast name… now what?
Before you hit record, there’s an important step you should take: register your podcast name as a trademark. It might not be the most exciting part of launching your show, but it’s crucial for protecting your brand.
By trademarking your podcast name, you’re not just safeguarding your intellectual property—you’re also building a stronger, more credible brand with legal backing if someone else tries to use it.
Let’s walk through the process of getting your podcast name trademarked so you can focus on what matters most: creating great content!
What Is a Trademark?
A trademark is a form of legal protection that helps safeguard your brand’s identity. It covers things like your podcast’s name, logo, slogan, and even unique segment names—anything that sets your brand apart.
Think of it as your way of saying, “This is mine, and no one else can use it.”
You may have heard the term “trademark” used interchangeably with words like “patent” and “copyright,” but these are all different types of protection. For example, patents protect inventions, and copyrights cover literary works, like your podcast content or blog posts.
Trademarking gives you the exclusive right to use your podcast name, but keep in mind that not every name or logo is legally protectable. It’s a good idea to consult with a trademark attorney to make sure your name is eligible for trademarking and to navigate the registration process smoothly.
Do I Have To Register a Trademark?
Technically, you don’t have to register a trademark to start using your podcast name. In fact, you automatically get some protection just by using it, thanks to something called a common law trademark rights. This gives you limited rights to your podcast name in the geographic area where it's being used.
However, common law trademarks are much weaker compared to registered trademarks, especially if you want to protect your brand on a larger scale.
By officially registering your trademark with the United States Patent and Trademark Office (USPTO), you gain stronger legal protection and a few key benefits:
- Nationwide protection: Instead of just covering your local area, your trademark is protected across the entire U.S.
- Exclusive rights: You’ll have the exclusive right to use your podcast name and can take legal action if someone else tries to use it.
- Legal presumption of ownership: If a dispute arises, your registration serves as proof that you own the rights to your podcast name.
- Public notice: When your trademark is registered, it’s publicly listed, making it clear that your name is off-limits.
While it’s not mandatory, registering your trademark offers stronger protection and more peace of mind as your podcast grows.
How to Register A Podcast Name
The process of registering a trademark for your podcast name can take some time, so it’s a good idea to get started as early as possible. Here’s a step-by-step guide to help you protect your podcast name:
1. Pick a Name
Make sure your podcast name is unique and stands out from the crowd. You want something that reflects your brand and is memorable for your audience.
2. Hire a Trademark Attorney (Optional, but Recommended)
While you can handle the trademark process on your own, working with a trademark attorney can make things smoother. They’ll guide you through the legal aspects and ensure everything is done correctly.
3. Perform a Trademark Search
Before filing, it’s crucial to make sure your podcast name isn’t already in use. You can do this by performing a search on the USPTO’s Trademark Electronic Search System (TESS). Don’t forget to check search engines and podcast directories, too—common law trademarks may exist even if they’re not registered with the USPTO.
4. Set Up an Account with the USPTO
You’ll need to create an account with the United States Patent and Trademark Office (USPTO) in order to submit your application.
5. File Your Trademark Application
Once your account is set up, you can file an application for your podcast name. There’s a non-refundable fee, so double-check everything before submitting.
6. Case Assignment
If your application meets the minimum requirements, it will be assigned to a USPTO examining attorney who will review your case.
7. Wait for a Decision
After the review process, you’ll either receive an approval or a refusal letter. If approved, your podcast name is officially trademarked!
The process may seem lengthy, but securing a trademark for your podcast name is a great investment in your brand’s future.
Maintaining Your Trademark
Once you’ve successfully registered your podcast name as a trademark, your job isn’t done just yet. To keep your trademark active, you’ll need to continue using it in commerce and follow a few important steps to maintain it over the years.
1. Use Your Trademark in Commerce
In order to keep your trademark valid, it must be actively used in connection with your podcast. This means that your podcast should be active and recognizable under the trademarked name.
2. File a Declaration of Use
Between the fifth and sixth year after registering your trademark, you’ll need to file a Declaration of Use and/or Excusable Non-Use under Section 8. This is a statement showing that your trademark is still in use or explaining why it hasn’t been.
3. File for Renewal
Between the ninth and tenth year after trademark registration—and every ten years after that—you’ll need to file both a Declaration of Use and/or Excusable Non-Use and application for renewal under Sections 8 and 9. These filings ensure that your trademark remains active and protected.
Keeping up with these filings is essential for maintaining your trademark and continuing to enjoy its legal benefits. Failing to file on time could result in the cancellation of your trademark, leaving your podcast name vulnerable.
Rules For Naming Your Podcast
When picking a name for your podcast, it’s important to think ahead—especially if you plan to register it.
Your podcast name needs to be distinct enough from others, even if those other names haven’t been officially trademarked yet. Remember, if someone has been using a name for a while, they may still have legal rights to it through common law trademark protections.
For example, you wouldn’t want to create a podcast called “Stuff You Need to Know” because “Stuff You Should Know” is already a popular podcast. Even though the names are slightly different, they’re still too similar, which could lead to legal trouble or confusion for your audience.
Another key step in choosing your name is checking whether the URL is available. Having a matching website URL is important for your podcast’s branding and online presence down the line. So, make sure you’ve found a name that not only stands out but is also available for use both legally and digitally.
Conclusion
Trademarking your podcast name is a smart move to protect your brand and give yourself legal peace of mind.
While the process might seem a bit daunting, it’s well worth the effort to secure exclusive rights to your podcast’s identity. From choosing a unique name and filing with the USPTO, to maintaining your trademark for years to come, taking these steps ensures that your brand is safe as your podcast grows. So, whether you’re just starting out or already have a loyal audience, investing in a trademark is a key part of building a successful podcast.
Another key part of starting a podcast? Creating your podcast website! Podpage offers an easy way to build and host a great website that allows you to engage with your listeners, monetize your show, and organize your content, all in one place.
Ready to get started? The sooner you begin, the sooner you can focus on what you love—creating great content!
