To stand out in one of the most competitive spaces, you need the most creative name. That’s why naming a podcast is a big challenge: it must be catchy, easy to remember, and nail what you’re all about. Once you’ve found the perfect name, you might want to *mic drop*. But hold on, you need to protect it at all costs.
That’s why you’re thinking about trademarking your podcast name. Trademarking your name ensures that nobody else in the podcast space can use it — or name themselves something confusingly similar. You’re safe from copycat pods and can start building your audience and brand.
So, let’s get right into it. What exactly is a trademark, and how can you go about getting one for your podcast name?
What is a Trademark?
A trademark is a protected sign, symbol, word, or words legally registered to differentiate your products or services from others. It does three things for your brand: identifies the source of your products, gives legal protection to your brand, and protects your products or services against counterfeiting and fraud.
Simply put, a trademark is a form of intellectual property protection that safeguards your brand’s unique identifiers. In fact, your trademark is the legal way of saying “This is mine and only my business gets to use it in the industry.”
From the Joe Rogan Experience to The Rest is History, every podcast needs to protect its name. It means copycats can’t use your success to make a splash, and gives you the sole right to build an empire of spin-offs and merchandise based around your name.
How to Trademark a Podcast Name in 3 Easy Steps
Trademarking a podcast name is easier than you think, and ensures your distinctive voice stayes unique.
- Choose a Great Podcast Name
The first step in trademarking your podcast is to create an excellent name for the show. Try to make the name memorable, unique, relevant, and trademarkable.
With about 3.2 million podcasts on the internet today, your podcast name needs to stand out and reflect your content or niche. You could play with words, puns, or descriptive phrases that capture the essence of the podcast.
Since your podcast name is the foundation of your brand, it should be unique enough to be trademarkable. So, the following tips will help you choose the right podcast name.
- The name should be unique (You are the only one using it)
- Keep it short (the shorter the name, the more memorable it becomes)
- Avoid words like “The” and “Podcast”.
- It should be searchable and spellable.
- Say it loud
- Have a long list to brainstorm from or use a podcast name generator to get started.
- Ensure your name is unique
The importance of choosing a unique podcast name can’t be overemphasized. It goes beyond brainstorming or creativity.
Choosing a unique podcast name is a process that hinges on thorough research. This research is crucial to determine if the name you have in mind is already in use.
Expand your search across podcast directories, social media platforms, and the United States Patent and Trademark Office (USPTO) database.
Look for similar spellings, pronunciations, and name variations during your search. The more research you do, the higher your chances of a successful trademark application.
For example, if your podcast discusses tech, “tech talk” won’t be a good name. The name is too generic, and a quick Google search will show that several words, YouTube channels, and mobile apps already use that name.
However, names like Pixel Pulse or The IOverbite will be more unique and, therefore, trademarkable. A unique name strengthens your podcast’s legal position and makes it more memorable and discoverable.
Remember to be creative and original as you brainstorm on a unique podcast name. This is the key to ensuring your podcast stands out from the rest.
- File with the USPTO
After much brainstorming, you have picked a unique, memorable, and easily discoverable name for your podcast. What’s more, it’s totally unique. Viola! There’s one more step: filling out the name with the USPTO.
The process is easy. All you need to do is submit an online application on the USPTO’s website. You will provide basic information about your podcast and its niche during the application. One important point for trademarking is that the mark is being used in commerce, so you need to demonstrate that you’re already using the name. An active website and an introductory episode will help your claim.
There’s a section where you will specify the class of products or services your trademark falls in. A podcast for entertainment services should fall under class 41.
Although the process is not too complex, you can apply it yourself. That said, it’s advisable to hire a trademark attorney. The trademark application process may seem easy, but it’s more complex than you think. You must dot all the ‘I’s and cross the ‘T’s.
For instance, when the popular true-crime podcast “My Favorite Murder” filed for its trademark, it protected the name across multiple classes. The trademark covered the show, merchandise, and live events. This has allowed them to expand their brand over time.
Should I even trademark my podcast name?
It may seem unnecessary to trademark your podcast, but it gives you endless protection and opportunities as your podcast grows.
It’s more like an insurance policy for your brand. It protects your intellectual property against copycats and competitors. Your trademark will be beneficial when your audience expands, and the podcast grows into a broader brand.
Trademarking your podcast name ensures that other podcasts can’t piggyback on your success by launching similar names. More importantly, it means that you can launch spin-offs and merchandise that generate significant income, and you can prevent counterfeit goods from being produced elsewhere.
If your podcast is a side hustle or even just fun with some friends, trademarking can be a great idea. You never know how you’ll grow, and if someone trademarks your name before you, it could cause a costly rebrand.
Wrapping Up
Trademarking your podcast name is a vital step in protecting your brand and ensuring your hard work pays off. After reading this guide, hopefully, you’ve learned how to search for existing trademarks, file your application, and navigate the review process. While it may seem challenging, securing a trademark is an investment in your podcast’s future.
Frequently Asked Questions
How much does it cost to trademark a podcast name?
The cost of trademarking your podcast name varies depending on your specific situation, but it typically costs between $200 and $600, depending on how many classes you apply for. There are ongoing maintenance costs associated with renewing your trademark every ten years.
What if someone is already using my podcast name?
If your name is already in use by a different podcast, it’s very unlikely you’ll be able to trademark it. Using a similar or identical name will also cause confusion, and may harm your brand as much as theirs. It’s better to brainstorm on a new name instead of using one your competitors already use.
How do you brand your podcast name
Building a strong brand around your podcast name is essential for gathering a loyal following. Make sure your podcast name reflects what your podcast stands for, and appeals to your target audience. Think about the tone of your podcast and listener expectations: if you’re funny and offbeat, you can get creative, whereas if your podcast deals with serious topics such as finance or mental health, you may want a more down-to-earth name.
