How to Patent a Podcast Name

Rich Goldstein

Founder & Principal Patent Attorney
Podcast playing on a mobile phone

Your podcast brand is important–and one of the most important elements of your podcast brand is your name. If you’re starting a podcast, talk to a lawyer about getting legal protection for your hard work. Did you know that there are more than 42,000 records at the trademark office that include the term “podcast?”

Out of these 42,000 records, around 18,000 are formally registered trademarks that are related to podcasts, and more 15,000 are active registrations. It’s clear to see that podcasting is becoming more and more popular every year. At Goldstein Patent Law, we help our podcasting clients submit successful trademark applications to safeguard their intellectual property.

If you’re starting a podcast or other media, your rights vary depending on what you’re looking to protect. Don’t rely on someone else to give you advice–go to the experts at Goldstein Patent Law before you start creating.

As a best practice, consult with a trademark lawyer early on in the process of starting this new business endeavor. Before you pick a title or name and start podcasting, or begin the trademark registration process, you likely have a few questions about the trademark registering process for your podcast brand. We’ll help you get your ideas (and business) protected.

What Is a Podcast Trademark?

A podcast trademark is a name, phrase, or logo that works as a source identifier for a podcast and distinguishes it from other podcasts or creative works. You can’t use someone else’s trademark, and must file a successful trademark application in order to get legal protection. Podcast trademark protection has its own unique set of challenges, so as a best practice, always talk to a lawyer before filing trademark applications. 

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How Do I Get a Trademark Registered for My Podcast?

Trademark rights can be acquired through common law use, where the name is used prominently and consistently in the podcast’s content. Trademark rights for a podcast can be acquired by filing a trademark application before the podcast gets up and running through an intent-to-use application process

To get any kind of intellectual property trademarked, you will need to file with the United States patent office. A podcast trademark is only one kind–you can safeguard most inventions and creations with the help of the right attorney. To learn more about trademarks, talk to the trademark team at Goldstein Patent Law.

We’re knowledgeable regarding trademarks for podcasts and the law surrounding trademarks in general and will help you with the registration process, search process, getting your ideas protected, and much more. Aside from common law, the trademark filing process can be lengthy, and there are many important documents required, so contact a lawyer for help

What Does Trademark Protection Provide?

Trademark protection provides several benefits for a podcast team. First, it gives you exclusive rights to use your unique podcast name, logo, or slogan in any way that you choose. This means other people or podcasters cannot use the same or similar words or icons, which can confuse your listeners and audience.

Trademark registration for a podcast name is helpful because it helps you establish your brand identity and grow trust among your audience and listeners. For example, getting a trademarked podcast title means you can sell goods or services with the podcast title, building your brand and increasing identifiability. 

Podcast playing on a mobile phone

Another key aspect of trademark registration is that a trademark also allows you to take legal action against any other podcaster who attempts to copy or imitate your brand. For example, a trademark prevents others from using the name or logo of your intellectual property on their podcast without your permission.

If you have questions about trademarks or need assistance with protecting your podcast name and identity, you can contact our trademark registration team Goldstein Patent Law. We’re experienced trademark professionals who can help guide you through the process, help you determine a trademark class, and help with getting you registered. It all starts with a free strategy call— contact our trademark team today to get started.

How Can I Register My Podcast Name With the Trademark Office?

If you’re a business owner looking to protect your intellectual property with a trademark, you can get trademark rights through common law use for a podcast. “Common law” refers to law that is derived from judicial decisions instead of from statutes. When you use a certain, public name to label and refer to your show, you automatically establish common law trademark rights.

No one else is permitted to use your podcast name due to these common law rights. Common law rights are formed by providing your audio or video content to listeners or viewers while promoting your brand.

To establish common law trademark rights, be sure to release content with your brand prominently displayed and used at all times. Be sure to include podcast names in the title and introduction of the show so it’s obvious, and keep the use consistent throughout your episodes. Stick to one clearly spelled and defined name. You shouldn’t randomly add unrelated words or phrases to your podcast name, as it weakens the strength of the trademark’s identity.

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If you’re a business owner starting a podcast and have more questions about acquiring trademark rights for your podcast, you can reach out to Goldstein Patent Law and schedule a free strategy call about podcast trademark law. They provide expert trademark law advice and can answer any questions you have about intellectual property, trademark class, trademark applications, common law trademark rights, or even someone else’s trademark. 

I’m Starting a Podcast. When Should I File a Trademark Application?

If you’re a business owner planning to start a podcast or other entertainment services, and potentially even earn money off of them, it’s a smart idea to file for a trademark before you release it. You have to make sure no other podcast names are similar to yours or have the same name before you get a trademark. Having your own name is important, so turn to a lawyer to help you do a trademark search with the United States Patent and Trademark Office.

During the search, your lawyer can help you determine the next steps to take if you find that your name is too similar to other podcast names. The search process is important, so be sure to contact a lawyer from Goldstein Patent Law early on. Your podcast brand is important, so learn how to file a trademark today. We’ll help you determine your trademark class and move forward with a successful application.

Creating a Podcast? Get Protected With the Help of the Goldstein Patent Law.

Ready to register the name of your podcast or podcasts for trademark protection? Trademarks can be difficult to understand, but a skilled trademark lawyer makes registering a breeze. With so many successful applications filed, Goldstein Patent Law is a great partner in protecting the title of your podcast.

Schedule a free strategy call with the trademark team Goldstein Patent Law today to learn more about registering a trademark in the United States. With a trademark, you can protect your business or big idea, continue making money and avoid legal issues in the future. 

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