Guide
TrademarkBrandingContent CreatorLegalUSATrademarking Your Channel Name, Logo, and Catchphrases (2026 Guide)
Your channel name, logo, and signature catchphrases are your brand identity. A trademark gives you the exclusive legal right to use them in commerce and the power to stop others from using confusingly similar marks. Here is when trademarking makes sense, how the process works, and what it costs for US content creators.
Last updated: February 26, 2026
Step-by-Step Guide
Search for conflicts
Search the USPTO TESS database, Google, social media platforms, and domain registrars for anyone using a confusingly similar name. A thorough search prevents wasted filing fees.
Determine your filing classes
Most creators need Class 41 (entertainment services) for their channel and Class 25 (clothing) if selling merchandise. Each class requires a separate filing fee.
Prepare your application
Gather a specimen showing the mark in use (screenshot of your channel page, product listing, etc.), description of goods/services, and the exact mark you want to register.
File through TEAS
Submit your application online through the USPTO's TEAS system. The TEAS Plus option ($250/class) is cheaper but requires selecting from pre-approved descriptions of goods/services.
Monitor and respond
Check your application status monthly through TSDR (Trademark Status and Document Retrieval). Respond to any Office Actions within the 3-month deadline or your application is abandoned.
What you can and cannot trademark
A trademark protects words, phrases, symbols, or designs that identify and distinguish the source of goods or services.
What content creators CAN trademark:
- Channel name (e.g., 'MrBeast', 'MKBHD')
- Logo designs
- Catchphrases and taglines used in commerce (e.g., 'Subscribe and smash that like button' would not qualify — it is too generic; but a unique coined phrase you use commercially could)
- Podcast names
- Merchandise brand names
- Series names (e.g., a recurring series title)
What you CANNOT trademark:
- Generic or descriptive terms ('Tech Reviews', 'Cooking Tips')
- Your personal name alone (unless it has acquired secondary meaning as a brand)
- Titles of single creative works (a single video title is not trademarkable)
- Government symbols or flags
- Anything that is merely ornamental
Trademark strength spectrum (strongest to weakest):
1. Fanciful (invented words — Xerox, Google) — Easiest to register
2. Arbitrary (existing words in unrelated context — Apple for computers) — Easy to register
3. Suggestive (hints at quality without describing — Netflix) — Registrable
4. Descriptive ('Fast Video Editor') — Only registrable with proof of secondary meaning
5. Generic ('Video Editor') — Never registrable
The trademark registration process
Step 1: Search for conflicts
Before filing, search the USPTO's Trademark Electronic Search System (TESS) at tess2.uspto.gov to check if your desired mark is already registered or pending. Also search Google, social media, and domain registrars. A conflicting mark can result in your application being rejected and your filing fees being non-refundable.
Step 2: Choose your filing basis
- 'Use in Commerce' (Section 1(a)): You are already using the mark in interstate commerce. This is most common for established creators.
- 'Intent to Use' (Section 1(b)): You plan to use the mark but have not started yet. Requires an additional $100 fee per class and a Statement of Use filing later.
Step 3: File with the USPTO
- Online filing through TEAS (Trademark Electronic Application System)
- Filing fee: $250-$350 per class of goods/services (most creators need Class 41 for entertainment services and/or Class 25 for merchandise)
- You must specify the exact goods and services the mark is used with
Step 4: Examination
- A USPTO examining attorney reviews your application (takes 3-6 months)
- They may issue an 'Office Action' requesting changes or more information
- You have 3 months to respond to Office Actions
Step 5: Publication and registration
- If approved, your mark is published in the Official Gazette for 30 days
- Anyone can oppose during this period
- If no opposition, your trademark registers (or you receive a Notice of Allowance for Intent-to-Use applications)
Total timeline: 8-12 months from filing to registration
Costs, maintenance, and enforcement
Costs:
- USPTO filing fee: $250-$350 per class
- Typical creator needs 1-2 classes: $250-$700 total in government fees
- Attorney assistance (recommended): $500-$2,000 for the full process
- DIY filing is possible but errors can be costly (non-refundable fees, weaker protection)
Ongoing maintenance:
- File a Declaration of Use (Section 8) between years 5-6: $225 per class
- File for renewal (Section 9) every 10 years: $300 per class
- If you stop using the mark, you can lose it — trademarks must be actively used in commerce
Enforcement:
- A registered trademark gives you the right to use the (R) symbol
- You can send cease-and-desist letters to infringers
- You can file trademark infringement lawsuits in federal court
- You can record your trademark with US Customs to block importation of counterfeit merchandise
- YouTube and other platforms have trademark complaint procedures to remove infringing content
When to trademark:
- Your channel has 50,000+ subscribers and growing
- You sell merchandise under your brand name
- Others are using confusingly similar names
- Your brand name has significant commercial value
For smaller creators, common-law trademark rights (from simply using the mark in commerce) provide some protection without registration. But federal registration is significantly stronger.
Disclaimer: This is general information, not legal advice. Trademark law is complex — consult a trademark attorney for your specific situation.
Pro Tips
- Use the TM symbol (TM) on your unregistered marks to put others on notice of your claim — no registration needed for TM
- The R symbol (R) can ONLY be used after federal registration — using it before registration is illegal and can jeopardize your application
- File in the TEAS Plus category ($250/class vs $350) to save money — it requires pre-approved descriptions but works for most creators
- A trademark attorney's search and opinion ($300-$500) before filing can save you from wasting $250-$700 on a doomed application
- Set calendar reminders for the Section 8 filing (years 5-6) and Section 9 renewal (year 10) — missing these deadlines kills your registration