Trends In Hashtags As Trademarks

By Marc Misthal (September 18, 2018, 1:56 PM EDT) -- Hashtags are everywhere. They can be seen on storefronts, in advertisements, on packaging and, of course, on social media. Clients sometimes tell their attorneys that they want to "lock down" a hashtag so that no one else can use it. As a result, it is not surprising that hashtags are making their way to the U.S. Patent and Trademark Office and to the courts. But can hashtags be "locked down" the way that clients want? And is it worth the investment of time, effort and money to try to do so? Recent cases and direction from the trademark office are starting to provide contours to the registrability of hashtags as trademarks and their ultimate enforcement against third parties....

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