Trademarking in the age of social media: protecting your brand online

By David Card

Uncategorized

Social media marketing isn’t an option, it’s a necessity. Platforms like Tiktok and Linkedin are replacing Google Search as sources of information for people looking stuff up online.

As usage grows, so does the challenge of protecting trademarks on social media. From username squatting to stolen content, navigating the trademark landscape on social media requires strategy, vigilance, and a proactive approach.

You’ve already done a lot of hard work to develop and trademark your brand name. Now you need to exercise some caution to stop bad actors from stealing your thunder (and intellectual property).

What makes protecting your trademark online so difficult?

Social media has transformed how brands interact with audiences, but it also brings unique risks for trademarks.

Rapid information sharing: Brand names, logos, and catchphrases spread quickly, increasing exposure—and the risk of misuse.
Ability to dodge credit: Assets can be downloaded or screenshot and then reshared without crediting the original author
Global reach: Social media operates worldwide, making it difficult to monitor and enforce trademarks across jurisdictions.
Ever-changing platforms: Social networks constantly update policies and features, requiring brands to adapt their trademark strategies.
Unclear who’s in charge & who’s got your back: Often, the only visible recourse is to contact the social media platform where an incident occurred and hope for justice. There isn’t always a reason for these platforms to respond in a timely manner, or to concern themselves with doing right by you.

Username squatting

You may have heard of username squatting, or seen individual accounts with cool names that sit unused. Username squatting happens when someone registers a social media handle that matches your brand, often to resell it to you at a high price.

How to prevent username squatting

Claim your name early: As soon as you have identified your brand—or even if you’re trying to settle between two names—secure your brand’s handle on all major platforms, even if you don’t plan to use them immediately.
Use variations of your name: If your ideal handle is unavailable, choose a variation that still represents your brand.
Monitor new platforms: Regularly check for emerging platforms and register your brand name early.

Handling username squatters

File a complaint: Many platforms have policies against squatting and allow you to dispute a username.
Consider legal action: If the name is critical to your brand, consult an attorney to explore options under anti-cybersquatting laws.

Stolen content and trademarked assets

Social media’s visual nature means your brand’s logos, taglines, and copyrighted images are constantly in the public eye.

How to protect visual assets

Add watermarks to images: Use subtle watermarks to deter unauthorized sharing or force attribution.
Limit high-resolution Images: Share lower-resolution images to make unauthorized use less appealing.
Monitor image usage: Use tools like Google Image Search to spot unauthorized copies of your brand’s key visuals.

Protecting taglines and logos

Trademark your tagline: If a tagline becomes central to your brand—even if it’s a new one that arose after your business’ inception—register it as a trademark.
Be cautious with licensing: If you allow others to use your logo or tagline, ensure there’s a written agreement on how it will be used.

Fake accounts damage brand reputation and can confuse or mislead customers.

How to identify fake accounts

Look for warning signs: Fake accounts often lack verified status, have few followers, and use low-quality images, but may steal your captions and hash tags. Make it easy for your audience to spot that it’s really you and consider engaging them to help spot fakes if this becomes a recurring issue.
Engage in regular monitoring: Set up alerts to stay aware of new accounts that might mimic your brand. Many social posting apps now include brand monitoring as a built-in feature.

What do if you spot a fake account

Report the impersonator: Social platforms usually have reporting systems for impersonation cases.
Communicate with your audience: Let your followers know about impersonation attempts to protect them from scams. Encourage your followers to report any fake accounts.

Fraud prevention: another reason to define your brand

There’s a reason why every self-help book on standing up for yourself always starts with defining who you are. The same is true for your brand.

Once you define your brand, you’ll want to maintain your trademark integrity. Part of this is consistent brand representation across all channels.Each platform has its own audience and format, but your brand’s identity should be consistent.

Establish brand guidelines

Create a visual style guide: Set guidelines for colors, fonts, and logos to ensure uniformity across platforms.
Define brand voice: Decide on a brand voice that suits all platforms, even if the tone varies slightly per platform.

Regularly audit social media profiles

Check for unauthorized changes: Review your social profiles regularly to ensure your brand is represented accurately.
Keep bios and handles updated: Make sure all brand profiles reflect the latest version of your brand name and logo.

Leverage Google Alerts

Google Alerts: A free way to receive alerts when your brand or related keywords appear online. This can also help you catch when your brand makes the news, when others post about your business, and more.

Building a trademark monitoring routine

Weekly checks: Review mentions, tags, and brand references weekly to detect issues early.
Flag suspicious activity: Any unexpected use of your brand’s name or logo should be reviewed and addressed promptly.

Utilize Verified Accounts

Apply for verification: Getting verified on major platforms helps customers distinguish real accounts from impersonators.
Be consistent: Use the same name and logo across verified profiles to reinforce your brand’s presence.

Handling trademark infringements

What happens if you catch someone stealing your assets or brand identity? There are several courses of action for you.

The first step should actually occur before any issues. Take time to learn the trademark policies of each platform, so you’re empowered to act swiftly if infringements occur. If possible, connect with platform representatives to make handling potential disputes easier.

In some cases, legal action may be necessary to protect your brand on social media. If someone continues to misuse your trademark after warnings, a legal approach may be warranted. Similarly, if infringement impacts your sales or image, consult a trademark attorney. You’ll want to look for attorneys experienced in digital and social media.

Hopefully, you never need to take action for theft of assets or identity. That said, we’re excited to help you develop brand identities that others want to steal. Browse our portfolio or schedule some time to chat.