Trademarking hashtags and emojis

By Joel Karni Schmidt and Ryan Ghiselli

Hashtags and emojis – both popular ways to express ideas and emotions – are everywhere. Unsurprisingly, businesses are looking to get in on the act by using and registering them as trademarks, but they do not always find the process to be straightforward or risk free

Hashtags and emojis are everywhere, from Twitter and Facebook to Instagram and Pinterest. They are used in Super Bowl advertisements, internet contests, advertising campaigns and even to order a pizza. Therefore, it is unsurprising that some individuals and companies want to register or protect their hashtags and emojis.

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Issue 72