Is it possible to trademark an Instagram or Facebook account?

The short answer is, yes, you can. Like any other name or logo, Instagram and Facebook accounts accrue good will and reputation that businesses wish to protect. And they can be legally protected by a registered trademark like any other name or logo.

Trademarking Instagram and Facebook usernames

The same principles apply when seeking a trademark for your Instagram and Facebook usernames as for more traditional names. If your username is not too descriptive and not too similar to a prior registered trademark (regardless of whether it’s a Facebook or Instagram prior trademark) then it will likely qualify for a trademark. This means you could not trademark a descriptive name such as “Sydney Hairdresser” because it is too descriptive. Also, you could not protect a usernames such as IBM, Bonds, or Nike because these names would already be registered trademarks.

To protect your username, you need to apply for a trademark to the USPTO by following these steps:

1. Prepare for applying. Ensure that your username has not been protected already. At this stage, it is wise to get assistance by a trademark attorney to help determine whether someone else claim trademark rights on a similar username already.

2. Submit your application. You need to supply your details to the government for examination.

3. Receive the acceptance or rejection letter from the government for your application. Wait for them to decide upon your application and accept their decision. 

4. Get your trademark certificate. Your trademark will then be formally protected by law and you can prevent others from using usernames similar to yours in relation to the offering of similar goods or services. 

If you have any questions, our experienced intellectual property lawyers will help you trademark your social media accounts. You can then be assured you are protected and get back to focusing on engaging your fans and doing business while we ensure no one steals business from you.

Need some advice on this?

If you need some more advice in your particualr case, we offer a free initial consultation.

Protect Your Logo as a Trademark

Many trademarks have a descriptive element to them, most commonly being the words of the trademark itself. However, during the examination by the government your trademark will be examined as to whether it is too descriptive in relation to your goods or services, and...

Can I patent or trademark my business method?

Under Australian patent law, there is no statutory position on whether a business method ispatentable subject matter, and so it is legal precedent that provides guidance. The watershed NRDC (1) case opened the door to what can be considered patentable subject matter...

New Code for trade mark attorneys

The Professional Standards Board for Patent and Trade Marks Attorneys (the PSB), which is the government body charged with regulating our profession, has recently undertaken a major review of its Code of Conduct for attorneys.  The new Code, which is to come into...

Difference Between Trademarks, Copyright and Patents

There is often confusion about the differences between trademarks, patents and copyright.  This is no surprise as the law in this area is quite complex and very conceptual.  This post provides a brief overview of the differences. But firstly, let’s start with the...

Five Reasons Why You Need A Trademark Attorney

Some people ask before applying for a trademark whether they need a trademark attorney to assist in protecting their brand. For the relatively small costs involved, we certainly recommend you use a legal expert to handle your trademark registration. And here’s our 5...

Difference Between Trademarks, Copyright and Patents

There is often confusion about the differences between trademarks, patents and copyright.  This is no surprise as the law in this area is quite complex and very conceptual.  This post provides a brief overview of the differences. But firstly, let’s start with the...

Protect Your Logo as a Trademark

Many trademarks have a descriptive element to them, most commonly being the words of the trademark itself. However, during the examination by the government your trademark will be examined as to whether it is too descriptive in relation to your goods or services, and...

What is the Amazon Brand Registry and Why I Need a Trademark?

Amazon has recently updated its brand registry.  The main change for sellers is that their brand must be a live registered trademark.  That is, in order to be eligible for the Amazon Brand Registry, the brand can no longer be just a name or logo, it needs to be one...

Can I patent or trademark my business method?

Under Australian patent law, there is no statutory position on whether a business method ispatentable subject matter, and so it is legal precedent that provides guidance. The watershed NRDC (1) case opened the door to what can be considered patentable subject matter...

Protect your trade mark in the United States

There is no single worldwide trade mark registration.  You will need to apply to each country in which you would like to have a registered trade mark.  Even for large companies, this task can prove too cumbersome and expensive.  Therefore, the pragmatic route is to...