Are Your Hashtags Infringing on a Trademark?

By IP Team

Using hashtags on social media is a popular method to increase visibility and enhance online presence. Businesses of all sizes use hashtags in posts, tweets, or articles as they help make content more visible to a wider audience.

Hashtags on platforms like LinkedIn are also common place. However, you need to be aware that such usage could potentially constitute trademark infringement, particularly if using trademarks like "#LinkedIn."

"LINKEDIN" is an Australian trademark registered in the name of the LinkedIn Corporation for "online business networking services" and other categories. This means that if you use the word “LinkedIn” to indicate a connection with your own online business networking related goods and services, you will be at risk of infringing the registered trade mark.

In other words, if you use another business’ registered trademark in a branding function you may very well find yourself on the receiving end of a cease and desist letter from an unhappy trademark owner.

As always, it is prudent to exercise caution and take the steps necessary to avoid potential trademark infringement. When in doubt, seek professional guidance and conduct thorough research before proceeding with any trademark usage.