![]() The weekly online competition is run through the Wyke Farms’ Facebook and Twitter accounts and draws around 25,500 and 30,000 entries respectively every month. In 2014, Wyke Farms, the UK’s largest independent cheese producer, became the first brand in the country to successfully register a trademark for its #freecheesefriday social media campaign. Trademark for its #freecheesefriday social media campaign Wyke Farms was the first brand in the UK to successfully register a If such a link exists and the mark does not communicate a message that could apply to any other undertaking then, as with other trademarks, a hashtag-based mark is registerable. In the United Kingdom, a mark is registerable if is distinctive and has the capacity to individualize the goods and services of a particular undertaking. Hashtag trademarks that have been successfully registered as such in the United States include: #smilewithacoke and #cokecanpics (The Coca-Cola Company), #McDstories (McDonalds), and #makeitcount (Nike). So when exactly is it possible to register a hashtag used in a marketing campaign as a trademark? Guidance from the United States Patent and Trademark Office (USPTO) states: “A mark comprising of or including the hash symbol (#) or the term ‘hashtag’ is registerable as a trademark of service only if it functions as an identifier of the source of the applicant’s goods or services.” But while such use can promote a brand, product or service, generate sales and boost brand recognition, it does not automatically turn a brand name or advertising slogan into a registerable trademark. Used in this way, a hashtag is a simple yet powerful means of stimulating interest in or reactions to an event, product or service. While a #hashtag alone is a generic symbol with no source-identifying significance, used in conjunction with a product name or campaign tagline it may function in the same way as a trademark and be registerable as such. In sum, it allows consumers to identify the source of a product or service. A trademark is a sign that is capable of distinguishing the goods and services of one company from those of another. The first is tied up with what may or may not be registered as a trademark. While these tools have become a normal feature of the digital landscape, the sharing culture on which they depend can present some intellectual property-related challenges. They are built around a culture of sharing and openness, and “real-time” marketing. Social media have become wildly popular means by which to stimulate interest in and reactions to any imaginable event, product or service. Product, service or campaign online (Image: bubaone / The hashtag has become a very popular way to promote a
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