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.

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