How to Trademark a Hashtag
A hashtag can be a registrable trademark, but only when it works as a brand — not just as a social-media label. Here is exactly how the USPTO treats hashtags and how to file one.
Free Trademark Search →Can you actually trademark a hashtag?
Yes, a hashtag can be trademarked when it functions as a source identifier for real goods or services. The USPTO registers the wording itself (for example, #JUSTDOIT), and the "#" or the word "hashtag" adds no trademark significance on its own. If the hashtag is merely descriptive of your topic, a hobby, or a movement, it will be refused because it does not tell consumers who is selling the product. Trademark registration through the USPTO protects the brand meaning of your hashtag, which is the core of intellectual property and brand protection.
Which class should you file a hashtag in?
You file a hashtag in the class of the goods or services it identifies, not in a special "hashtag" class. If you print the hashtag on shirts or hats and sell them, that is International Class 25 (apparel). If the hashtag brands a marketing campaign, promotional service, or online store, that is Class 35. A hashtag used for a downloadable app falls in Class 9, while one branding an entertainment channel falls in Class 41. Choosing the correct class is the step where most self-filers make mistakes, so confirm it before you pay the USPTO fee.
How do you file a hashtag trademark step by step?
First, run a clearance search to confirm no confusingly similar mark already exists for your goods. Next, identify the exact goods or services and their International Class. Then choose your filing basis — "use in commerce" if you are already selling under the hashtag, or "intent to use" if you plan to. Prepare a specimen that shows the hashtag used as a brand (a product tag or store listing, not a caption). Finally, submit the application to the USPTO. Secure Mark USA prepares and files this for you from $99 plus the $350-per-class government fee, so the paperwork and class selection are handled correctly.
Ready to protect your hashtag?
Secure Mark USA files your hashtag trademark with the USPTO — correct class, correct specimen, from $99 plus the government fee.
Start Your RegistrationKey takeaways
- A hashtag is registrable only when it identifies the source of goods or services, not a topic.
- The "#" symbol adds no trademark meaning — the USPTO registers the wording itself.
- File in the class of your goods: Class 25 for apparel, Class 35 for retail or marketing.
- Your specimen must show the hashtag used as a brand, not just as a social caption.
- Secure Mark USA files hashtag trademarks from $99 plus the $350-per-class USPTO fee.
Frequently asked questions
Can I trademark a hashtag I already use on Instagram?
Yes, if the hashtag identifies the source of specific goods or services you sell. Using it only as a caption or topic tag is not enough — the USPTO requires it to function as a brand.
Does the "#" symbol get protected too?
No. The USPTO treats the "#" and the term "hashtag" as having no source-identifying value. Protection attaches to the wording, so "#YOURBRAND" and "YOURBRAND" are examined for the same wording.
How much does it cost to trademark a hashtag?
Filing through Secure Mark USA starts from $99 plus the $350-per-class USPTO fee. Additional classes each add another $350 government fee.
What class is a hashtag trademark filed in?
It depends on the goods or services. Apparel is Class 25, retail and marketing services are Class 35, apps are Class 9, and entertainment channels are Class 41.
Is Secure Mark USA a law firm?
No. Secure Mark USA is a USPTO trademark filing service, not a law firm, and does not provide legal advice. U.S.-domiciled applicants are not required to use an attorney to file.
Helpful resources
Trademark Registration · Free Trademark Search · USPTO Trademark Classes · Trademark Registration Cost · Trademark Monitoring
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