How Can I Trademark My Name or Likeness as an Influencer?
Humphrey Muleba via Unsplash
Have you ever seen an influencer using the ™ or ® mark after their name? That’s someone who has received or applied for a trademark for their name or likeness!
Many influencers don’t realize it, but it’s possible for you to trademark your name or likeness to protect your brand as an influencer. But, when should you do this and what are the benefits?
Why Trademark Your Name or Likeness
If you are making a living as an influencer and partnering with several brands, then it is important to have a trademark. It is not entirely crucial, but if someone is using your name or signature on THEIR products, then you will want to trademark your name just to be safe.
While we don’t like scary stories, there are potential nightmare scenarios that can unfold if you partner with a brand using your name on a product and that name is not trademarked. Unfortunately, just because your name is YOURS, if a company uses it on their merchandise and it is not trademarked by you, the company may be able to get the trademark for the merchandise. The legal battle would be a nightmare!
We like to err on the side of caution and encourage all influencers who are collaborating on deals to think about filing a trademark for their names and handles.
When Should I Trademark My Name or Likeness?
When you first start out as an influencer, the likelihood is that you don’t need to trademark right away. Usually, you can get by just posting and focusing on growing your name and your brand image. The trademark process takes time and money, and many influencers will wait to make sure there is enough return on their investment to take action to protect their name.
So, how do you know when it’s time to trademark your name?
When the time comes that you’re ready to turn your influencing goals into a business, you may want to think about getting a trademark. Keep in mind, being an influencer is more than just being a person. You are turning your image into a business that engages in commerce and retail. Just like any business, it is important to have a semblance of control over your name in commerce.
We often see clients coming to us after they get into multiple brand deals, when they start a product line with their name, or when copycat spam accounts are formed. We like to find the sweet spot for trademark timing and file once influence is strong enough to be sticky, but before you become the target of spam accounts or sign away your rights to your name in a product deal.
Depending on how large your following becomes, and what goods or services you end up partnering with, you will want to trademark your brand when the money starts rolling in.
That timing will vary for everyone. Thinking about applying for a trademark for your name or likeness? Reach out to an experienced attorney who can clear up any questions you may have and get you started protecting yourself as an influencer.