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Hashtag trade marks – #whatyouneedtoknow

Ellie Mertens, New York

Are US hashtag marks registrable, enforceable, or worth it? Ellie Mertens investigates

Brands must become hashtag-savvy because they enable direct engagement with modern consumers on social media. But how can they be IP-savvy, too?

The USPTO recognised hashtags as registrable trade marks in 2013, “only if [the mark] functions as an identifier...

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