Online now – IP Clinic on hashtag rights

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Online now – IP Clinic on hashtag rights

What kind of trade mark protection is available to users of Twitter hashtags? That’s the question posed in this month’s IP Clinic

In each issue of Managing IP magazine we ask three professionals to respond to an IP dilemma faced by an in-house or private practitioner. This month we asked Michelle Ward of the UK’s Wynne-Jones IP, Lisa Martens of Fish & Richardson in California, and Gabriela Kennedy of Mayer Brown JSM in Hong Kong to provide a European, US and Asian perspective to the question: “Should we try to trade mark our hashtag?”

They explain how brand owners need to apply first principles when assessing the likelihood of obtaining trade mark protection for their hashtags and explain why the commercial objectives of using hashtags may clash with efforts to secure legal protection for them. You can read their answers in the November issue of the magazine (you need to be a subscriber or take out a free trial). Other recent IP Clinics have considered the use of music in advertising campaigns, corporate rebranding and dealing with lookalike products sold by supermarket discounters.








more from across site and SHARED ros bottom lb

More from across our site

Counsel explain how they’re navigating patent prosecution matters and highlight key takeaways from Federal Circuit cases
A partner who joined Fenwick alongside two others explains what drew her to the firm and her hopes for growth in Boston
The England and Wales High Court has granted Kirkland & Ellis client Samsung interim declaratory relief in its ongoing FRAND dispute with ZTE
A UDRP decision that found in favour of a small business in a domain name dispute could encourage more businesses to take a stand in ‘David v Goliath’ cases
In Iconix v Dream Pairs, the Supreme Court said the Court of Appeal was wrong to interfere with an earlier ruling, prompting questions about the appeal court’s remit
Chris Moore at HGF reflects on the ‘spirit of collegiality’ that led to an important ruling in G1/24, a case concerning how European patent claims should be interpreted
The court ruled against the owner of the ‘Umbro’ mark, despite noting that post-sale confusion can be a legitimate ground for infringement
Shem Otanga discusses the importance of curiosity and passion, and why he would have loved to have been a professional recording artist
Practitioners say the Bombay High Court shouldn’t have refused well-known trademark recognition for TikTok simply because the app is banned in India
In-house counsel explain why firms should provide risk management advice that helps them achieve their goals
Gift this article