Hashtag Trademarks: Legal and Practical Implications of Use by Brand Owners or Third Parties
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will guide trademark counsel on the use of trademarks as hashtags. The panel will examine the pros and cons of using a mark as a hashtag. The panel will discuss determining whether to use a mark as a hashtag, how to use it, and the steps to take to protect the mark when using it as a hashtag. The panel will also address the pros and cons of registering hashtags as trademarks.
Outline
- Can a hashtag function as a trademark?
- Using one's own trademark as a hashtag
- Pros and cons
- Fair use and other considerations when determining whether to use the mark as a hashtag
- When can the use of a hashtag give rise to liability?
- Case examples
- Approval process
- Monitoring marks
- IP protection
- Can it be registered as a mark? Should it be?
- Enforcement considerations
Benefits
The panel will review these and other key issues:
- What considerations should brand owners and their counsel weigh when determining whether to use a trademark as a hashtag?
- What should a brand owner consider before using a hashtag?
- What are some best practices for the protection of your hashtags?
Faculty

Stephen J. Coates
Founder
Coates IP
Mr. Coates is an expert on areas surrounding trademarks, copyright, domain names, unfair competition, marketing,... | Read More
Mr. Coates is an expert on areas surrounding trademarks, copyright, domain names, unfair competition, marketing, technology products, as well as litigation surrounding these topics. While at Amazon.com, he and his team managed trademarks for a diverse array of industries and the company’s domain portfolio. He served as Twitter’s first IP counsel and managed the trademark, marketing, domain and internet governance practices.
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Dina Roumiantseva
Counsel
Tucker Ellis
Ms. Roumiantseva focuses her IP practice on trademark counseling, prosecution, and litigation, as well as copyright... | Read More
Ms. Roumiantseva focuses her IP practice on trademark counseling, prosecution, and litigation, as well as copyright infringement, cybersquatting, trade secrets, and contract disputes. With experience handling proceedings in federal and state courts and in arbitration, she counsels clients ranging from startups to established multinational brands on selecting and protecting strong trademark portfolios, managing risks associated with new product designs, trademark and copyright enforcement – including opposition and cancellation proceedings before the TTAB – and on IP aspects of corporate transactions. Ms. Roumiantseva is regularly called upon by clients for her deep working knowledge of trademarks and copyrights and her innovative approach to problem-solving. She is actively involved with the Publications Committee of the International Trademark Association, developing up-to-date content for practitioners and the public.
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