Social media · Hashtags
Can you trademark a hashtag?
Sometimes. The USPTO registers hashtags that work as brands, but the # symbol itself adds nothing, and a hashtag used only to tag social posts isn't a trademark. Here's the test, the proof of use that works, and what a registration can and can't stop.
By Bill, Business Growth Expert · Verified and checked on October 27, 2026
Short answer
A hashtag can be registered only if it identifies the source of your goods or services, for example printed on products, labels or packaging, or used to name a service. The USPTO treats the # as adding no distinctiveness, so the words after it must be registrable on their own. Hashtags used only to sort or promote social posts, or made of descriptive words, are refused. The fee is $350 per class.
How does the USPTO judge a hashtag mark?
Ignore the #
The examiner looks at the words. #GLOWRIVET is judged like GLOWRIVET.
Brand or tag?
It must tell customers who makes the product, not just group posts by topic.
Distinctive words
#SKINCARETIPS describes content. An invented word passes far more easily.
The example hashtags above are illustrations, not searched marks. If the words behind the hashtag are weak, see strong vs weak trademarks.
What proof of use works for a hashtag?
Usually works
- The hashtag on a product tag, label or packaging
- A product page using it as the product or line name with a buy button
- For services, ads naming the service with the hashtag
Usually refused
- Instagram or TikTok posts using the tag
- The hashtag printed large across a T-shirt front (ornamental)
- Campaign graphics with no product offered
Front-of-shirt slogans run into the ornamental rule. See ornamental refusals.
Can a registered hashtag stop people from using it online?
Not entirely. A registration lets you act against others using a confusingly similar mark to sell related goods or services. It doesn't stop fans or customers from using the hashtag in ordinary posts, reviews or commentary. Platform IP report tools are most useful when a competitor uses your hashtag as a product name or in paid listings. For broader brand phrases, see how to trademark a slogan. When it's ready, compare filing packages.
Check the words behind your hashtag first.
Run a free trademark searchHashtag trademark questions
Can you trademark a hashtag?
Yes, if the hashtag identifies the source of goods or services. The # symbol adds no distinctiveness, so the words must be registrable on their own.
Does the # symbol make a trademark more distinctive?
No. The USPTO generally treats the hashtag symbol as adding nothing to the mark’s distinctiveness.
Is using a hashtag on social media enough to register it?
Usually not. Social posts using a tag are not proof of use for goods. The hashtag must appear on products, packaging or a sales page, or identify a service.
Can I stop others from using my trademarked hashtag?
You can act against confusing commercial use on related goods or services, but not ordinary use by people posting or commenting.
How much does it cost to trademark a hashtag?
The USPTO fee is $350 per class, the same as any other trademark application.
Related guides
Legal disclaimer: This guide is general information, not legal advice. Secure Mark USA is a trademark filing service, not a law firm. Enforcement against other users should go to a licensed trademark attorney.
Sources
- USPTO: Trademark Manual of Examining Procedure §1202.18: Hashtag marks, checked October 27, 2026
- USPTO: Trademark Manual of Examining Procedure §1202.03: Ornamental refusals
- USPTO: Fee schedule
Verified and checked on October 27, 2026.