Social Media and Trademark Registration
Photo by Sara Kurfeß
Trademarks are protected by common law. This means that, in the United States, once you begin to use a trademark in commerce you gain a certain level of protection through common law.
But obtaining federal registration with the USPTO is a good idea for many reasons. You gain nationwide rights and recognition in your trademark once registered, you can use the registration symbol with your mark, and your mark will appear on the Federal Register — making it more likely other brands see it and stay away from using it. These are just a few of the many reasons why filing for and obtaining federal trademark registration is a great idea.
A recent event with a client has inspired me to put this article together and give you yet another great reason why registration of your brand’s trademarks is so very important. The invention of the internet, the rise of our global economy, and the ease with which businesses can connect with clients through social media has spurned a whole new set of issues for unregistered trademarks.
“Most social media and third-party sellers (like Amazon) have a mechanism in place for intellectual property holders to file complaints and have these fake accounts removed. Much of the time the platform will require the rights holder to identify in their report their trademark registration number to file the report. If you don’t have that registration, the platform may not do anything to help you.”
The Rise of Fake Accounts
As our lives become more and more influenced by our time spent online, how we do business has followed right along with the evolution. Businesses no longer only have a website you visit to view, learn more about, or purchase a product or service. Third-party websites such as Amazon exist so you can find all your favorite items in one spot! Businesses have taken to social media to build trust and interact with their consumer base. Admit it— if you can’t find them on Instagram, you’re a little hesitant to make a purchase.
But all this interaction, ease of use, and new opportunities for businesses have their downside. The doors for trademark infringement have been blown wide open. It is extremely easy for anyone with an email address to get on a social media platform and set up an account. This account might be confusingly similar to your business name or, worse, be your business name before you’ve had a chance to grab the handle. And maybe this account is linked to a site that sells your items without your permission. Or maybe they’re not selling anything but using the goodwill of your brand to create a false association from which they can profit.
Not only does this fake account confuse the consuming public and take business from you, but it may do things that reflect poorly on your business. If the general consumer thinks your business is associated with this fake account, it’s going to be an uphill battle for you prove that you’re not associated at all.
What Can You Do?
Most social media and third-party sellers (like Amazon) have a mechanism in place for intellectual property holders to file complaints and have these fake accounts removed. Much of the time the platform will require the rights holder to identify in their report their trademark registration number to file the report. If you don’t have that registration, the platform may not do anything to help you. Or they will require you to fill out an in-depth form that proves you are the owner of the trademark.
In the case with my client, the platform was not helpful in having the fake account removed. Was this account using my client’s business name, logo, and referencing their product? Absolutely. But, against my best advice, this client had not wanted to register their trademarks yet. Of course, we’ve taken steps to remedy this and will be more successful at handling any fake account that is created once we receive the registration. But we would have been able to get rid of this account swiftly had the registration been in hand at the time the account was created.
If you’re second guessing whether it’s worth it to register your trademarks, there are a whole host of reasons that you should — and the rise of fake social media accounts is certainly one of them.
For more information on this article and this topic, contact Shannon Straughan.