I’m a blogger – Do I really need to trademark my blog name?
If you have not already read my blog post titled, “Why Should I Trademark,” then you should do that now. This blog post will refer to that post a few times. It’s a quick read, promise!
So you’re a blogger or an influencer, but you’re really not sure if you should trademark your name or if it would even be beneficial to you. Well if you did read the post mentioned above, you would know that a trademark refers to the branding of a company. Even if you think, “I barely have a company,” or “I’ve only made $20 from my blog,” guess what! You have a brand that’s used in commerce!
Now, I’m not saying if you’ve made $20 from your blog you should run out and spend it on trademarking. The process is long and can be quite an investment. However, if you’re making money or trying to make money off of your blog, then you certainly have a brand that is protected my common law trademark rights. Again, if you’re not sure what common law rights are, refer to the post above!
So when is the right time to file? ***Cliché attorney response*** IT DEPENDS. I know, lame, right. But, seriously it will depend on where you are and how confident you are with your brand. When any type of client comes to me asking when is the best time to file for a trademark, I usually respond with, “When you’re confident that you will be sticking with your business.” Basically, you shouldn’t file when you think you may think about quitting or folding your business in the near future.
Besides the reasons posted in the aforementioned blog post – Constructive Notice, Value, and Less Work – the number 1 reason bloggers should file for a trademark is because bloggers have a truly global brand. The number one platform for bloggers and influencers to be discovered is Instagram, and obviously Instagram is almost entirely visual. Someone across the world that has no idea what your caption says may still be moved by your latest look, or they may still purchase what ever it is that you’re promoting. Further, global brands want to work with bloggers and influencers because they know their reach is global.
Unlike many small businesses, the majority of bloggers don’t have products to ship. More times than not, if a blogger wants to sell a product, it will be a digital product that is downloadable. There’s no need to worry about shipping costs, so even the products a blogger sells are global.
With a global brand, you will want to ensure your brand is protected globally. Once again, that doesn’t mean you have to run out and get a trademark filed in every country. But a United States trademark is a great place to start. Even more, brands will recognize your new asset and your seriousness to run your blog as a business.
It depends where you are in your business, but yes, even bloggers and influencers need to trademark their brand.
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