How To Trademark a Podcast Name

Introduction.

Starting a podcast can be incredibly exciting! Crafting unique content, building a loyal audience, and creating an identifiable brand voice are all essential.

But have you thought about protecting that brand with a trademark?

If you’re serious about your podcast, trademarking its name might be worth considering to safeguard it from copycats or accidental infringement.

Let’s break down the steps, pros and cons, and key details for trademarking a podcast name so you can make an informed decision.

What Does It Mean to Trademark a Podcast Name?

A trademark is essentially a legal protection for any brand identifier — like a name, logo, or slogan — that helps distinguish one brand from another in a crowded market.

When you trademark a podcast name, you gain the exclusive right to use it in a particular class of goods or services, typically within entertainment or media.

Think of it as owning your brand’s identity so others can’t use it or misrepresent your podcast.

How Do I Trademark a Podcast Name?

1. Check Availability.

The first step is to check if your podcast name is available. This involves looking up the name in the USPTO’s (United States Patent and Trademark Office) Trademark Electronic Search System (TESS).

If the name or something too similar is already registered, it’s time to rethink your name, as a similar name can risk a denial or an infringement issue.

2. Determine Eligibility.

Not all podcast names qualify for a trademark. A name that’s too descriptive or generic might not cut. Unique, memorable names are more likely to be approved.

For example, something unique like “Brainstorm Cast” is more likely to get trademarked than simply calling it “Podcast Talk.”

3. File the Trademark Application.

Once you’ve confirmed the name is eligible, head to the USPTO’s online application system (TEAS). Here, you’ll need to submit various details, including the name of the podcast, your personal information, and an application fee (usually around $225-$400 per class of goods or services).

4. Choose Your Class.

Since podcasts fall under different services, you’ll want to ensure your application covers the correct class (typically Class 41, which covers entertainment services).

5. Provide Proof of Use.

You’ll need to show that the name is actively in use by submitting a sample, like a screenshot of your podcast listing, cover art, or other marketing materials featuring the name.

6. Wait for Approval.

Trademark approval can be a long process. After submitting, expect to wait anywhere from six months to over a year for a response.

During this time, an examining attorney reviews your application. If they have questions or need further details, they’ll contact you, giving you the chance to respond and make any adjustments.

7. Renew Your Trademark.

Once approved, you’ll need to maintain your trademark by filing renewals. The first filing is between the 5th and 6th year, and then every 10 years after that.

Pros and Cons of Trademarking a Podcast Name

Pros:

Exclusive Rights: Once your podcast name is trademarked, you’re legally protected against others using it.
Brand Security: A trademark solidifies your brand identity, ensuring fans don’t confuse your podcast with others.
Asset Value: A registered trademark can increase your podcast’s market value, especially if you plan to expand it into other media or merchandise.
Prevent Confusion: You avoid unintentional brand overlap with other podcasters, which could potentially impact your reputation.

Cons:

Cost: Trademarking isn’t cheap. Between filing fees and possible attorney costs, it can add up, especially if you’re just starting out.
Time-Consuming: The entire process, from application to approval, can take months, sometimes longer.
Renewal Requirements: Keeping a trademark isn’t a one-time task. Periodic renewals mean ongoing costs and effort.
Not Guaranteed: The USPTO may deny your application if they feel the name is too generic or similar to existing trademarks.

FAQ

Q: Can I trademark a podcast name on my own, or do I need a lawyer?

A: You can absolutely file a trademark application on your own. However, a trademark lawyer can help navigate potential pitfalls, especially if there are questions or objections from the USPTO.

Q: How long does a podcast name trademark last?

A: Trademarks can last indefinitely as long as they’re actively used in commerce and renewed as required.

Q: What if someone else is already using my podcast name, but they haven’t trademarked it?

A: If someone else uses the name but hasn’t trademarked it, it may still be possible for you to claim the trademark, especially if you can prove that your podcast’s usage predates theirs or that theirs doesn’t meet trademark eligibility.

Q: Can I trademark a podcast name internationally?

A: U.S. trademarks protect your name only within the U.S. If you’re looking for international protection, you’d need to apply separately in each country or use the Madrid Protocol for multi-country applications.

Q: How much does it cost to trademark a podcast name?

A: Filing fees with the USPTO start around $225 per class of goods/services, but the costs can rise if you add classes or work with a trademark lawyer.