How to Get a Trademark Registration for a Podcast?

 

Similar to registering a trademark for any other business, registering a trademark for a podcast is quite similar. The class information must be precisely mentioned while registering the brand name, logo, and tagline.

 

Why are Podcasts and Why they must be Trademarked?

The days of having endless leisure to sit and read through large books are long gone. We should adjust to the times. 

 

Podcasts, or more specifically, new age audio books, are the new age books. A podcast is just an audio program that a person may subscribe to and download to their smartphone. 

 

The audio files can be listened to at any time after being downloaded or subscribed to, such as while driving to work. Today, among a variety of media formats, podcasts are at the top of the list. 

 

There is a belief that radio will soon be replaced by podcasts on the earth. 

 

This is supported by the fact that a few well-known radio shows, like "This American Life," have been transformed into podcasts.

 

Podcasts, being no different than books or any other works of literature, it is only obvious that a podcast by itself is a property of one’s intellect. 

 

Regardless of whether a podcast is started as a hobby or as a source of income, there are intellectual property rights vested in it. 

 

Although patent rights may be far-fetched, trademarks and copyrights go hand-in-hand in podcasts. 

 

Apart from copyrights and trademarks, some podcasters do show a keen interest in trade secret protection and have hence started to use non-disclosure (NDA) agreements for that purpose.

 

Podcast Trademark Registration

 

One of the first challenges faced by podcasters is coming up with a catchy name for their shows. The protection of the newly created name is the next greatest challenge. 

 

The earliest trademark registration online is the sole way to ensure your safety. Podcasters devote a lot of time to developing their brand and content, but if they don't take the necessary precautions, it could all be for nothing. 

 

Most podcasters also come up with logos and taglines to set their brand apart from competing ones in the market. 

 

Podcasters frequently benefit from these brand collaterals while marketing their material. Therefore, it only makes sense to trademark the brand name, along with the logo and tagline.

 

Consider the Following Before Trademarking the Podcasts

 

1. Check the Availability of the Name

While podcasters wish to protect their own brand name, caution must be taken to ensure that they do not infringe on any already-existing trade names. 

 

They could do this with the use of a comprehensive trademark search. 

 

Keep in mind that trademarks exist in both registered and unregistered brands. As a result, the owner of a trademark is the person who first used it, not the person who filed for it first.

 

2. Choosing a Unique Name

A creator is free to give their creation any name, although it would be appreciated if it stood out for two apparent reasons. 

 

Infringing on such names is quite uncommon, and there is also a very small probability that this name will do so as well. 

 

The podcaster could get into legal issues even if they choose a name that sounds vaguely close to an existing trademark. Unfortunately, even altering an existing trademark's spelling and adding a few more "A"s and "E"s here and there would still be considered infringement.

 

Furthermore, creating well-known words and claiming to be the creator of them would be blatantly unfair to others. 

 

As a result, podcasters must work hard to come up with original titles for their brands. 

 

These names are most well-protected and are least likely to be used unlawfully. IKEA is one example of a trademarked name. 

 

Similar to how many well-known companies have brand names that had no significance at first, the same can be applied here.

 

3. Is registering a trademark required?

The answer is no! 

 

The filing of a trademark is not required for podcasts or any other type of company. 

 

A trademark is established once a podcast with a name and a logo—with or without—is published. 

 

If the work and brand name are original, the podcaster now holds a piece of intellectual property. 

 

The author can alert others that a trademark right already exists in the name but hasn't been registered by using the letters "TM". 

 

The best course of action, however, is to register the brand name because it makes handling the situation in the event of an infringement easier.

 

4. Is a Professional Required When Filing a Trademark?

Again, the response is no. 

 

However, hiring one is better simply because a professional can manage the registration procedure rather well. 

 

Before registering, a trademark search must be done to make sure the name is original. 

 

The best individual to carry it out will be a trademark attorney. Applications submitted by attorneys are more likely to be registered successfully.

 

 

Trademark Registration Process for Podcasts

1. Before submitting an application, the applicant must conduct a comprehensive trademark search using the podcast's name.
2. The applicant must submit an application with the name spelt out correctly, together with taglines and a logo, after the search is completed and a name has been chosen. The application must specify the correct class. The trademark class for podcasts can be either class 9 (downloadable MP3 files) or class 41. (entertainment services)
3. The application form must be delivered to the Controller General's Office of Patents, Designs, and Trademarks along with any required supporting documentation. The Trademark Registry issues an application number that can be used to check the progress of the application online.
4. The trademark registration online application is then reviewed and depending on the circumstances, it may be accepted or refused. The examination report makes note of any differences if there are any.
5. The trademark is recognised and registered if the applicant responds to the questions posed in a satisfactory manner. A hearing is planned if not.
6. The trademark is published in the trademark journal if the application is approved.
7. Following publication in a journal, the trademark registration certificate is given to the applicant if there are no public objections.