By Tikwiza Nkowane|www.amdlawgroup.com Ever since Twitter used hashtags, the phenomenon took off with a storm and is not letting up. Businesses and individuals are now using this as a powerful...
Originally posted 2014-08-05 11:00:49.
By Ann Marie Sallusti | amdlawgroup.com
Hashtags are any word or words that have the pound (or hash) symbol in front of them. They are used to get certain words to trend on the Internet via twitter, instagram, Facebook and other social media networks. Anything can be a hashtag. For example, #mybrand, #awesome, #dolls, #trademark, and #fashion. Hashtags can be used to trigger discussions via twitter and other social media websites. A user can register their hashtag using the twubs website and track the use their hashtag receives from the Internet and social media networks. Hashtags can help get a user circulate his/her idea across the market. Additionally, hashtags can emphasize a point the user is trying to make about an event in the world or a personal experience.
Registering your hashtag will give you protection against others trying to register the same hashtag on twubs. Twubs allows users to search twitter for hashtags, join and create chats with other twitter users regarding a specific hashtags, and create their own original hashtags. When searching on twubs, a user can search a specific hashtag and be instantly connected with tweets and conversations from other people around the globe. Twubs allows a user to browse conversation and follow hashtags around the world. Twubs organizes chats so a user is able to communicate with other users easily. The website allows users to add hashtags to events and monitor them via the website at no cost. Twubs connects the topics in twitterworld with other users.
There is now a trademark application that accommodates hashtags when federally registering a hashtag. To be federally registered, a hashtag has to be registered with the United States Patent and Trademark Office. Registering a hashtag with the United States Patent and Trademark Office will federally protect your mark from subsequent users under the law. Therefore, a user can federally protect his/her hashtag under trademark law and prevent subsequent users from infringing on their rights. First, the user will have to search different sources for similar or the same hashtags that they are trying to register with the United States Patent and Trademark Office. Users can search the United States patent and Trademark Office, the Internet and twubs for similar hashtags. The user will have to pick an original hashtag that is not easily confused with other trademarks. The user can then fill out an application and pay the appropriate fees to get their trademark/hashtag protected. Registering your hashtag/trademark will differentiate your product from competitors and allow consumers to recognize your product without confusion.
Users can now use hashtags as a trademark. Utilizing hashtags as trademarks will connect conversations and topics around the globe involving a creator’s product. Also, it will allow other competitors to be aware of the creator’s work. The creator will then have protection over his/her product and the brand it represents. Twubs states, “Hashtags are a great way to organize your followers and get the word out about your brand. With Twubs, they are even better because we give you a great place to send your audience.” Registering your hashtag will consumers to find you and your brand easier. Registering will allow consumers to connect and observe the conversations, topics and news is surrounding a creator’s hashtag and brand.