Managing IP is part of the Delinian Group, Delinian Limited, 8 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2023

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 ros bottom lb

More from across our site

We provide a rundown of Managing IP’s news and analysis coverage from the week, and review what’s been happening elsewhere in IP
Sukanya Sarkar shares her thoughts on this year’s annual meeting in Singapore, where debates ranged from AI opportunities to improving law firm culture
The court’s ruling is a good reminder that US parties aren’t guaranteed attorney fees just because they win, say sources
With business confidence in a shaky state, Rachel Tong and Lisa Yong of Rouse discuss how in-house IP teams can manage their trademark portfolios through uncertain times
The Court of Appeal had stern words for Med-El’s representatives after they highlighted a deputy judge’s background as a solicitor
Funders and NPEs say asserting patent portfolios can minimise risk at the USPTO’s PTAB, where procedure remains a controversial topic
The US Supreme Court’s ruling wasn’t a surprise and reflects a trend that had already been bubbling away for a while, say tech and pharma counsel
Previous attempts at major transatlantic tie-ups have failed, so lawyers will keep their eyes firmly on Allen & Overy’s grand plans
INTA CEO Etienne Sanz de Acedo shares his plans if he were to win the EUIPO leadership race and says his application does not affect his INTA role
The French finance minister told António Campinos the timing of an EPO event in Lisbon could be seen as interference in the EUIPO leadership race