If you are a podcaster – or you wish to begin the journey of podcasting – and you have arrived at this page, it shows that you are serious about your work and you wish to safeguard it in the best manner possible. By approaching a trademark attorney you have made the right decision. Why? Because registering your podcast name as a trademark is as important as trademarking a business name. Similar to brands, your podcast name also has goodwill and reputation which can be potentially hijacked and misused by your competitors. You’ve put in efforts to bring this idea to fruition so acquiring protection from intellectual property law is worth it. In this blog, we will walk you through the process of trademarking a podcast in a step-by-step manner.  

Importance of acquiring Trademark Registration for Podcast Name

Although you have arrived at this page with the mindset of protecting your podcast name, but deep down you might have slightly wondered if it’s even necessary to go through the hassle of trademark registration for your podcast name. After all, what would anyone get from doing so? But this is where many podcasters are unfortunately at fault. 

You know better that the podcast competition has grown over the past decade and it is not stopping. Today, it is estimated that there are more than 2 million podcasters in cyberspace and over 400 million podcast listeners. The statistics are proof that the competition in the world of podcasts has grown significantly and over time it would acquire importance within the mainstream media also. With the advent of earning from home, starting a podcast business has become an equally flourishing opportunity to earn. 

Considering the large scale on which this industry has expanded, skipping podcast registration in this time and age might be a big mistake on your part. The competition has become extremely fierce and with the non-stop emergence of new podcast brands, it has almost become mandatory to gain trademark protection for your brand. If you are at an elementary level in your podcast journey and you don’t have much following, you might consider getting the registration after your brand name reaches a certain level of popularity. However, this is a wrong mindset. It’s better to be done with this right at the start since not only will you be carefree about the safety aspect of your brand but also the process is very time-consuming and you need a considerable time for it.

Again, bear in mind that there is a risk that any part of your podcast name – whether it’s the logo, symbol, or even the slogan – can be infringed by anyone and you cannot make a claim over it unless you have acquired registration for it. 

How to Register a Podcast Name?

Podcast registration under the trademark law is a multi-step process. Read further to understand what this process entails. 

Step 1: Conducting a Name Search 

You might have put effort into naming your podcast and it must be very dear to you. However, the actual challenge lies in checking the availability of that name as the process to check if the name you intend to take is not already in use is not that easy. This doesn’t mean that the importance of coming up with the name is being undermined. It has its value but it is equally important to see that the name you might think of as unique is not already used by someone else. 

For this, you will have to conduct a name search. This is not an easy task as this type of search is not like a simple Google search. It is usually conducted on a trademark database since it is not necessary for every podcast brand to come up on Google. You also have to keep in mind that even unregistered podcast names hold certain trademark rights. The trademark law takes into account the first use of the name and not the first filing. Therefore, make sure that you don’t become an infringer when coming up with your podcast name. 

Step 2: Coin a Unique Podcast Brand Name

Coming up with a unique name or content is not an easy task, especially in such a bustling and competitive market, however, its importance and benefit cannot be emphasized enough. Having a unique name not only decreases the chances of infringement of your brand but also eases the trademark registration process. Therefore, you need to find one that is not even remotely similar to an already existing/registered name. You also have to keep in mind that you cannot form a unique term by simply shuffling a few letters from an already existing name – as this also constitutes as infringement in the eyes of trademark law. Failing to keep these aspects in view could most likely result in a legal claim from the opposing party/parties. 

It might be disappointing if you already have a name but it didn’t turn out to be distinct, and now you are clueless as to how to make a new name. Worry not as you can hire a trademark attorney who can help in doing this step for you. 

Step 3: Apply to Register the Trademark

Having completed these steps, you now have to complete the final and main step of this process, i.e., filing a trademark application to register the name of your podcast. Following are three main filing steps which you should thoroughly review:

1. The first step is to file the trademark application with the United States Patent and Trademark Office (USPTO). In your application, mention the name of your podcast brand in accurate spelling, and the logos and/or slogans, if any. 
2. You need to choose from a list of trademark classes (the NICE Classification) for your application. Choosing the correct class is extremely important because if the applicant makes an error here, they have a high chance of receiving a rejection from the trademark office. For podcasts, the relevant classes are class 9 and/or class 41. If you wish to file in both classes, then you have to lodge a separate application for each class. 
3. Submit the application to the trademark office and they will assign you a unique application number which you can use to track the status of your application. 

If the application is approved, your trademark will be published in the trademark journal for opposition. If there is no opposition, then your registration will be approved and you will receive a trademark registration certificate. 

Conclusion

Although you can run your podcast without any legal protection, since registering it with IP law is not mandatory, you will be doing so at a considerable risk. However, at a minimal budget, you can delegate all these tasks to an experienced trademark attorney who would take it upon themselves to ensure a professional completion of registering the trademark for your podcast – and even its copyright! You don’t have to go far. At Drishti Law, we would be happy to schedule a discovery call with you and provide you with legal advice suitable for protecting your podcast brand.