Coca Cola has recently filed in the United States two applications for registration of trademarks concerning the hashtag #cokecanpics and #smilewithacoke.
There seems to be a recent trend on behalf of companies to register a hashtag as a trademark.
Hashtags are the result of combinations of one or more words preceded by the # sign Their spread is linked to their introduction on some social networks (eg. Twitter and Instagram) as a tool to mark keywords and allow users to more easily find a message or content linked to a specific topic and participate in the sharing of ideas. By the time the hashtags have exceeded their technical function and boundaries of social networks in which they were born and have become part of everyday communication of the digital generation. Hence the need for companies to protect their brands or their slogan preceded by the pound.
The possibility of recording a hashtag as a trademark is recently debated by trademark professionals.
Italian law does not place obstacles to register any sign capable of being represented graphically and, as such, to be registered as trademarks. As any other trademark a hashtag can be if it meets the requirements of set by the law.
A hashtag containing a sign identical or similar to a trademark a competitor cannot be protected for likeliness of confusion. On the other hand signs of common use like #softdrink or matching the generic name of a product, cannot validly be register as a trademark.
What happens if a hashtag similar to a trademark is only used within a social media?
In our view there seems to be no infringement of the exclusive rights of the trademark owner, as long as such use is made for private purposes and not as part of an economic activity. On the other hand, if a hashtag is registered as a trademark to involve users-consumer in promotional campaigns for a certain product, the registration could become a useful allowing protection against slavish initiatives of competitors.
There seems to be a recent trend on behalf of companies to register a hashtag as a trademark.
Hashtags are the result of combinations of one or more words preceded by the # sign Their spread is linked to their introduction on some social networks (eg. Twitter and Instagram) as a tool to mark keywords and allow users to more easily find a message or content linked to a specific topic and participate in the sharing of ideas. By the time the hashtags have exceeded their technical function and boundaries of social networks in which they were born and have become part of everyday communication of the digital generation. Hence the need for companies to protect their brands or their slogan preceded by the pound.
The possibility of recording a hashtag as a trademark is recently debated by trademark professionals.
Italian law does not place obstacles to register any sign capable of being represented graphically and, as such, to be registered as trademarks. As any other trademark a hashtag can be if it meets the requirements of set by the law.
A hashtag containing a sign identical or similar to a trademark a competitor cannot be protected for likeliness of confusion. On the other hand signs of common use like #softdrink or matching the generic name of a product, cannot validly be register as a trademark.
What happens if a hashtag similar to a trademark is only used within a social media?
In our view there seems to be no infringement of the exclusive rights of the trademark owner, as long as such use is made for private purposes and not as part of an economic activity. On the other hand, if a hashtag is registered as a trademark to involve users-consumer in promotional campaigns for a certain product, the registration could become a useful allowing protection against slavish initiatives of competitors.
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