We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
Tagmarks.
- Authors
Roberts, Alexandra J.
- Abstract
Hashtags are trending, and not just on social media. By 2016, producers had federally registered hundreds of hashtags as trademarks and asserted exclusive rights in 'housands of others. But by failing to pay close attention to context and consumer perception, the USPTO may have overlooked issues that render many hashtag trademarks ("tagmarks") unregistrable. This Article provides a history and taxonomy of hashtags and explores the protectability problems that plague tagmarks. Rather than sweeping generalizations about their status, tagmarks require nuanced analysis that takes into account their use, distinctiveness, and history in order to more accurately determine whether and when they merit protection as marks. To strike a better balance among the competing trademark concerns of consumer protection, producer reward, and speech, the USPTO should revise its examining procedures to mandate that every tagmark be categorized as "primarily merely a hashtag" until an applicant can establish that its mark actuatly functions as a sourceindicator.
- Subjects
UNITED States; TAGS (Metadata); TRADEMARK application &; registration -- Law &; legislation; UNITED States. Patent &; Trademark Office; TRADEMARK laws; CONSUMER law; USER-generated content; CONSUMER protection; COURTS; LAW
- Publication
California Law Review, 2017, Vol 105, Issue 3, p599
- ISSN
0008-1221
- Publication type
Article
- DOI
10.15779/Z:.8FT8DJ22