Can You Trademark a Hashtag? What Business Owners Need to Know

Hashtags are everywhere. You see them on Instagram, TikTok, LinkedIn, and even in TV commercials. Businesses use hashtags to promote products, build brand awareness, and connect with customers. But many business owners ask an important question: Can you trademark a hashtag?

The short answer is yes — but only in certain situations. Let’s break down what that really means and how it could affect your business.

What Is a Trademark?

A trademark is a word, phrase, symbol, or design that identifies your business as the source of goods or services. It helps customers know that a product or service comes from you and not from someone else.

For example, a business name, slogan, or logo can all be trademarks if they meet certain legal requirements. The key purpose of a trademark is to prevent confusion in the marketplace.

What Is a Hashtag?

A hashtag is a word or phrase with the “#” symbol in front of it. On social media, hashtags make content searchable. When someone clicks a hashtag, they can see other posts using that same tag.

For example, a fitness brand might use #StrongLife to promote workouts and products.

But just because you create a hashtag does not mean you automatically own it.

Can a Hashtag Be Trademarked?

Yes, a hashtag can be trademarked — but only if it functions as a brand name or slogan, not just a search tool.

The United States Patent and Trademark Office (USPTO) has made it clear that adding the “#” symbol to a word does not automatically make it unique or protectable. The hashtag must identify your goods or services in a way that tells customers the source of the product.

For example, #BestCoffeeEver would likely not qualify because it is generic and promotional. But a unique phrase tied directly to your brand might qualify if it meets trademark rules.

The “#” symbol itself usually does not add special legal power. The focus is on the wording that follows it.

When Does a Hashtag Qualify for Trademark Protection?

A hashtag may qualify for trademark protection if:

• It is distinctive and not generic
  

• It is directly connected to your goods or services
  

• You are using it in commerce (meaning you are actually selling something under that hashtag)
  

• It acts as a source identifier, not just a social media label
  

For example, if a clothing company consistently uses #UrbanTrailWear on product packaging, website banners, and advertisements, and customers associate that phrase with the company’s products, it may qualify for protection.

But if you only use a hashtag casually in posts, it may not meet the legal standard.

Common Mistakes Business Owners Make

Many business owners assume that creating a hashtag gives them ownership. That is not true. Social media use alone does not create automatic trademark rights.

Another mistake is choosing a hashtag that is too descriptive. If your hashtag simply describes what you sell, it may not be protectable. For example, #FreshBakeryBread is likely too generic.

Some business owners also forget to search existing trademarks before using a hashtag. If another company already owns a similar trademark, you could face a cease and desist letter or even a lawsuit.

What Happens If Someone Else Uses “Your” Hashtag?

If you do not register your hashtag as a trademark, it can be difficult to stop others from using it. Even if you register it, enforcement can be challenging if the hashtag is used in a general way.

Trademark law focuses on whether the use causes “likelihood of confusion.” That means customers might think the other business is connected to you. If there is no confusion, it may not be infringement.

This is why proper registration and legal guidance are important before investing heavily in a branded hashtag campaign.

Should You Trademark Your Hashtag?

Not every hashtag needs trademark protection. If you are using hashtags simply for marketing trends or seasonal campaigns, registration may not be necessary.

However, you should consider trademark protection if:

• The hashtag is central to your brand
  

• You use it on packaging or merchandise
  

• You plan to build long-term recognition around it
  

• It represents a major marketing investment
  

Registering early can help prevent future disputes and strengthen your brand’s value.

How to Get Started

If you are thinking about trademarking a hashtag, the first step is a proper trademark search. This helps determine whether the phrase is already in use or registered.

Next, you must show that the hashtag is being used in commerce in connection with your goods or services. The application process includes submitting examples of how it appears in real-world business use.

Because trademark law can be complex, working with an experienced intellectual property attorney can help you avoid costly mistakes. An attorney can evaluate whether your hashtag is strong enough for protection and guide you through the registration process.

If you have questions about protecting your brand, the team at Braslow Legal can help you understand your options and take the right steps to secure your intellectual property.

Final Thoughts

Yes, you can trademark a hashtag — but only if it truly functions as a brand identifier. The “#” symbol alone does not create protection. The phrase must be distinctive and tied directly to your goods or services.

Before investing time and money into building a campaign around a hashtag, make sure you understand whether it can actually be protected. A smart legal strategy today can prevent serious problems tomorrow.

Your brand is one of your most valuable business assets. Protect it wisely.