Branded hashtags: The next big thing?

AuthorRandy Michels
PositionPartner, Stites & Harbison, PLLC, USA, and co-founder of the Trademarkology blog
Pages33-33
p. 33WIPO | MAGAZINE
BRANDED
HASHTAGS:
e next
big thing ?
By Randy Michels, Partner,
Stites & Harbis on, PLLC, USA,
and co-found er of the Trademarkolog y blog
Photo: © Birds Eye
Merriam-Webster announce d on May 19, 2014, in a press release that it was addi ng
the word “hashtag” to the dictionar y. “Hashtag” is dened as:
“a word or phrase preceded by the symbol # that c lassies or categorizes the
accompanying text (such as a tweet).”
Conveniently, the press release provide s an example of proper hashtag usage: “Join
the New Words conversation on Twitter using hashtag #MW2014NewWords.”
The hashtag phenomenon has created new branding opportunities. It is now common
for TV shows to promote themselves throu gh branded hashtags. Singing shows like
NBC ’s The Voice and Fox’s American Idol are known for their extensive use of hashtags.
Consumer product com panies are also getting in on the act. Frozen food maker Birds
Eye recently launched a pop-up re staurant that allows customers to pay for their
meals by posting photos of their meals o n Instagram with the hashtag #BirdsEyeIn-
spirations. Thanks to Birds Eye, you can also li terally eat hashtags with its Mashtags
fried potato snacks.
The increased usage of ha shtags has led to a number of new trademark application
lings. #RISETOTHRIVE, and #HELMETSA RECOOL are recent examples. One par-
ticularly enterprisi ng applicant even tried to obtain trademark protection in the US for
the word “hashtag” in connection with TV advertising; various electronic transmis-
sion and broadcasting ser vices; and entertainment ser vices such as development,
distribution and production of programs, contest and incentive award programs for
people who contribute to shows and othe r interactive entertain ment programs. The
United States Patent and Trademark Ofce (US PTO) rejected the application on the
grounds that it was merely des criptive of the applicant’s services “because i t imme-
diately tells consumers that the i nteractive nature of these services involves th e use of
hashtags, as that term is widely u sed by others in the industry.” In hashtag parlance,
the application was a #fail.
The popularity of ha shtags shows no signs of letting up. Therefore, it is import ant
for brand owners to consider th e use of hashtags in their branding strategies. If the
decision is made to use brand ed hashtags, then it would be wise to seek trademark
protection to effectively protect your reputati on and prevent consumer confusion.
Otherwise, you might nd yourself #notwinning.
e hashtag phenome non is creating new
branding op portunitie s. anks to Bir ds
Eye, you can als o literally eat ha shtags
with its Ma shtags fried p otato snacks.

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