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Social Media Marketing: Can You Trademark a Hashtag?

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  • February 20, 2022February 20, 2022

Social Media Advertising and marketing: Can You Trademark a Hashtag?

Relation between Social Media and a Hashtag
The phrase or phrase Hashtag is preceded by a hash signal (#) extremely used on social media web sites and functions to determine messages on a particular subject. Primarily it’s used for social media Advertising and marketing function. The initiator has launched hashtag with the intention to maximise the attain of the subject to the individuals and it’s also a typical platform for a subject. It has a capability to know the eye of numerous viewers on account of which it results in a era known as #tag. Social media is rising as an indispensable on-line advertising and marketing channel for the model homeowners for over 10 years utilizing #hashtag. Now, probably the most highly effective weapon on the earth of social media is after all #hashtag. This text will aid you to know when and how are you going to undergo the method of Trademark registration even when it involves Trademark a Hashtag.

Can You Trademark a Hashtag below Indian Trademark Act 1999?
In fact, you may Trademark a hashtag similar to different phrase or phrase which is straight linked to your product or providers. There’s a particular definition offered below part 2 (m) of the Indian Trademark Act, 1999 and in accordance with this “A Mark that consists of a tool, model, heading, label, ticket, title, signature, phrase, letter, numeral, form of products, packaging or perhaps a mixture of colours thereof”. By contemplating the above definition a Hashtag can qualify as a mark that’s countable below a mixture of phrases and numeral however to register it as a Trademark, the definition offered below the Indian Trademark Act,1999 part 2 (ZB)-

“Trademark refers back to the mark which is being succesful to be represented graphically and distinguishing the products or providers of 1 particular person from these of others both contains the form of products or their packaging and mixture of colours”

As per the above definition, the primary situation is immediately fulfilled as a result of hashtag is a mixture of phrases and numerals which might be represented graphically. The query arises within the second situation which is an final take a look at for a Hashtag to qualify as a Trademark. Though, it’s not that simple to realize the important or principally, the second situation. The Hashtags have a really restricted shelf life due to the matters which have a tendency for a short interval earlier than they die their very own dying in a brief span of time and another subject and hashtag takes over.

The Trademark is a supply identifier and the Hashtag that may fulfill these standards can qualify for registration as per the Act.

What are the explanations for Refusal?
Beneath part 9 of the Indian Trademark Act 1999, the precise causes for the refusals are given below sub-section (1) of part 9. It states that-

“A Trademark which is devoid of any distinctive character that’s to say, not able to distinguishing items or providers of One particular person from these of one other, shall not be registered.”

If we analyze this part, we are able to say that the Hashtag which may totally fulfill each the situations of the Indian Trademark Act 1999 can solely be certified to be protected below the Regulation. The distinctive nature which is talked about below the Act could also be labeled into two classes:

(1) Inherent

(2) Acquired

Hashtag could simply fall below the above two classes as it may be an invented phrase and it may be one thing which tends for an extended time period in order that the individuals can begin figuring out the actual supply by means of #Hashtag solely. Furthermore, one factor also needs to be stored in thoughts whereas making use of for Trademark Hashtag, the phrase which is for use with a Hashtag shouldn’t be a typical or generic phrase in any other case it won’t make it distinctive. The Trademark should move the take a look at of distinctiveness of Trademark offered below the Act.

Conclusion
Nevertheless, these digital instruments turn out to be a really regular function of the panorama. The sharing tradition wherein they often rely can current some mental property associated challenges. Other than it, the Trademark registration of Hashtags are nonetheless not very fashionable in India however the fondness of Social Media is reaching to a mass stage as a result of availability of low-cost information with the introduction of Reliance Jio out there. All of a sudden, the web is flooded past everybody’s creativeness. It will certainly result in the emergence of Hashtags as Emblems within the upcoming future as a sizzling subject within the IP market.

Perry Mason S01E06

#Social #Media #Advertising and marketing #Trademark #Hashtag

Social Media Advertising and marketing: Can You Trademark a Hashtag?

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