In the modern age, blogging has COMPLETELY evolved from just a hobby to an actual viable career path. When bloggers invest their time, creativity, and resources into their brand, they can create a real blogging business! Of course, when your blog gets big enough that it’s becoming your full-time job, the question of intellectual property comes up . . . like, should you be protecting yourself???
Today, we’re going to break down the legal jargon and get to the root of the question, “Do I need to trademark my blog name?” It’s a really good question that should be considered as early as possible! Here’s what you need to know about trademarks and your blogging business:
Do I Need To Trademark My Blog Name?
The short answer? No. You do not need to trademark your blog name. However, there are circumstances where you might want to! Standard blogs don’t really need to worry about trademarking, because there’s likely nothing super proprietary about your business model and, honestly, competition is probably irrelevant.
People are willing to engage with the content of multiple creators in the same niche, so someone with a similar brand to you will not necessarily mean a lack of success on your part. Plus, common law trademark is something you don’t even have to register for, and it still provides you with pretty significant protection if someone were to duplicate your name and content!
However, if you plan to grow your blog into something bigger than a platform for article content uploads, you may want to consider trademarking. If you’re going to be offering specific products or services, a trademark can prevent confusion and offer legal protection if anyone ever rips off your brand. Additionally, if you see a future for your business that involves licensing, franchising, or even selling your brand, a trademarked name looks much more attractive to potential buyers or investors!
However, what if you don’t want to do any of that, but you feel your blog name and brand are super unique, special, and influential? Should you get a trademark then? Well, that’s up to you! A trademark will protect your blog name and ensure no one else can market their own content using your brand name. If you think your brand identity is going to be that valuable as is, definitely consider getting a trademark!
How To Trademark A Blog Name
Step 1: Research availability.
Before you apply for a trademark, it is SO important to ensure that the blog name isn’t already trademarked. Not only should you check for previous trademarks, but you should also see if your name (or a name similar to yours) is already being widely used. A similar trademark already out on the World Wide Web might mean you should pick another name.
You can check for other blogs with names close to yours just by searching on Google, but you’ll have to look at the United States Patent and Trademark Office (USPTO) website or hire a trademark attorney to discover already filed trademarks.
Step 2: Choose a distinctive name.
Make sure you select a unique and distinctive name for your blog to increase the likelihood of a successful trademark application. Avoid using any generic or super descriptive terms that could be difficult to trademark. Choose a name that reflects the content and theme of your blog while being memorable and distinctive. If you need some help figuring this out, check out our post on how to name your blog!
Step 3: Determine the applicable trademark class.
Next, you will need to identify the appropriate trademark classes for your blog. Trademark classes categorize goods and services, and it’s essential to choose the class or classes that best represent the nature of your blog. Blogs typically fall under Class 41, which covers education, entertainment, and publishing services.
Make sure you review the trademark classification through the trademark electronic search system provided by your country’s trademark office for guidance on selecting the correct classes. If all this is too confusing, again, hire a trademark attorney to help out!
Step 4: Prepare the trademark application.
Now you can move on to gathering the necessary information and documentation to complete the trademark application accurately. When filing a trademark application, you will need to include the proposed blog name, information about the trademark owner, and a description of the services. Prepare a clear and concise description of the services provided by your blog, including its content, target audience, and any additional services offered! Like, if you sell merchandise or do consults, the application needs to note that!
Step 5: Submit the trademark application.
Submit your trademark application to the right government agency that is responsible for trademark registration in your country. Follow all the required instructions provided by the agency and pay any applicable filing fees. In the United States, file your trademark application through the United States Patent and Trademark Office (USPTO) website using the Trademark Electronic Application System (TEAS). Make sure to keep a copy of your application and any confirmation receipts for your records.
Step 6: Monitor application status.
It’s time to wait and see! Monitor the status of your trademark application regularly and address any issues or requests for more information from the agency. Make sure you respond promptly to any communication or requests to ensure there are no delays in the process.
Step 7: Receive the trademark registration.
Upon approval, you will receive your trademark registration certificate from the trademark office. Your blog name is now officially trademarked, providing you with exclusive rights to use it in connection with the registered services. Go over the trademark registration certificate carefully to ensure that all the information is correct.
You will also need to renew your trademark registration periodically, as required by your country’s trademark laws, to maintain the trademark protection of your blog name. Display the registered trademark symbol (®) next to your blog name to notify others of its trademarked status and deter potential infringement.
Once all that is done, you can freely use your blog name without fear of someone stealing it. So, now you’re ready to put together your full brand kit, and embrace your blog name and logo! (Just don’t forget the registered trademark symbol.
How To Know If Something Is Trademarked
Before you settle on a blog name, logo, or brand identity, it’s SUPER important to check whether someone else already owns the rights to it. Using a trademarked name (even accidentally!) can open you up to legal issues, rebranding nightmares, and even legal action. And nobody wants that, right?!
Here are a few simple ways to know if something is trademarked:
Search The Trademark Electronic Search System (TESS)
The Trademark Electronic Search System is the official database run by the USPTO, where you can search all registered and pending trademarks. This is the most reliable way to see if a name, phrase, or logo is already protected. You can easily search for exact names, similar names, or even partial phrases. If something very close to your blog name exists in the same category, that’s a HUGE red flag. But also an opportunity to make changes.
Google the Name + “Trademark”
Sometimes a simple Google search will reveal more than you expect it to. Try searching your blog name followed by the word “trademark.” Many businesses proudly display their trademark status on their websites. This quick check can save you time before diving deeper into databases or legal research.
Check Business Name Registries & Social Platforms
Search your proposed blog name on Instagram, TikTok, Pinterest, Facebook, and domain registries. Even if a name isn’t trademarked yet, heavy usage by another brand could create confusion that you don’t want. And confusion is exactly what trademarks are designed to prevent. It can also make it harder to protect your brand later if someone claims you copied them.
Look For The ® Or ™ Symbols
If you see a brand consistently using ® or ™ next to their name or logo, that’s a strong indicator it’s protected. Using a name that already carries trademark protection could land you in serious legal trouble, especially if you’re in a similar niche.
Can You Trademark An Idea?
Okay so, short answer: No, you can’t trademark an idea.
Trademarks protect names, logos, slogans, and brand identifiers, but not concepts, business ideas, or content themes. So if your blog is based on a unique idea (like home decor, sensory play education, or postpartum pumping support), the idea itself is not actually protectable. Though your blog name, logo, tagline, and branding elements are completely protectable.
This is where trademarking and copyrighting work hand-in-hand:
- Trademarks protect your brand identity.
- Copyright protects your written content, images, and creative work.
So while you can’t trademark an idea, you can protect your brand around that idea, and that’s where your real value is!
How To Check If A Logo Is Trademarked?
Logos are just as important to protect (and avoid copying!) as names. If you’re creating a logo or thinking about rebranding, you’ll want to make sure you’re not stepping on anyone else’s intellectual property.
Here are a few handy ways to check if a logo is trademarked:
Use The USPTO Logo Search (Design Search Code)
The USPTO allows you to search logos using design codes in the Trademark Electronic Search System. Even if the wording is different, similar visual designs can still be considered infringement. This is especially important if your logo includes icons, animals, symbols, or shapes.
Reverse Image Search
Upload the logo (or a similar version) into Google Reverse Image Search. This can show you whether the same or similar logo is already being used elsewhere online, which may not always show up in text-based trademark searches.
Search By Industry + Keywords
Try searching your niche (e.g., “fitness logo,” “blogger logo,” “mom blog logo”) along with design descriptions. Logos don’t have to be identical to cause problems. If yours is confusingly similar to another brand in the same industry, that can still lead to legal issues or legal action.
Check Branding Agencies & Marketplaces
Search platforms like Etsy, Creative Market, and Canva. Many people buy premade logos. If the design is already being sold or widely used, you may not have exclusive rights, and that can make trademarking impossible.
You don’t need a trademark to have a successful blogging career!
So, will you trademark your blog? That’s totally up to you! But, don’t think you can start your blog before having a trademark. Get everything launched and decide down the road if that’s a path you want to take. There’s nothing holding you back from putting this thing out into the world and realizing your dreams of becoming a full-time influencer!
For more blogging tips, tricks, and advice, look no further than your BFFs at InfluencerSEO! We have tons of services to help your blog become the next big thing, but we also have a HUGE catalog of blog posts with all the need-to-know info on running a successful brand.
Jordan Becerra, founder and Lead SEO Strategist at InfluencerSEO, has spent almost 15 years in the creator internet space, the last nine building InfluencerSEO into the go-to SEO partner for content creators, with 500+ creators served from pre-launch to massive publication. She learned creator monetization and community building strategy from the inside working for Lauryn Bosstick of The Skinny Confidential prior to founding InfluencerSEO, so she understands both halves of the game: how search actually works AND how creators actually build a strong community online and make money. Her job now is to stay ahead of where search engine optimization is going, especially as AI rewrites the rules, and to make sure the creators she works with get there first.
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