How to Register a Podcast Name to Protect Your Brand

If you think you have some excellent content to share with your fans (and the world), a podcast is an excellent way to go, but you’ll quickly find that it’s a more saturated space than you might think.

One way to make yourself stand out is to learn how to trademark a podcast name. This makes the name uniquely “yours” and protects your brand and IP from being replicated as easily. But defending yourself from would-be copycats can go beyond name registration. Here’s what you need to know.

How to Trademark a Podcast Name

In the simplest terms, you need to file a trademark application with the U.S. Patent and Trademark Office (USPTO). For podcasts, the applicable classes are Class 9 (downloadable audio files) and Class 41 (entertainment services). The categories of classes are meant to include as many different industries as possible without being overly specific.

This means you’ll likely need to submit two (or possibly more) applications, both of which are used to register your podcast’s name. Notably, the USPTO applies only inside the U.S. and technically doesn’t protect your podcast’s name from being copied elsewhere. However, the USPTO trademark can then be used to expedite the international Madrid Protocol to grant you broader protection, which is done after the first is registered.

Of course, acceptance of your application hinges on you having a unique name for your podcast, one that it’s distinctive and not too descriptive of your service.

When it comes to searching for names, the USPTO’s Trademark Electronic Search System (TESS) is a good place to start, as it hosts all registered trademarks. However, you might also want to expand your search to podcasting and sharing networks such as Spotify or Apple Podcasts in case someone is using a similar name without a trademark, as that can be used against you in proving your uniqueness.

The filing process involves filling out the requisite forms and proof of your use of the mark (such as screenshots from podcasting services or file information).

The USPTO might take up to a year to properly assess your case and return a verdict. If your trademark “goes through,” it will be published for 30 days, allowing anyone to contest it. When that period runs out without a successful challenge, the trademark is yours.

What all this means is that registering a trademark is quite a lengthy and costly process (as filing a single application cost at least $350 per class).

How to Register a Podcast Name That Is Unique

One of the biggest barriers to getting a trademark registered is proving that you’re distinctive enough in that space.

To achieve this, you can either use brevity or go more detailed, as generic words are simply too risky to be registered.

The first concept revolves around using words or phrases that don’t specifically relate to what the podcast is all about, while still being evocative enough to your audience. Making up words, mashing them together to form novel constructions, or using words in innovative ways are all great examples, such as “Freakonomics” and “Serial” (in how the podcast is constructed and presented).

Alternatively, personal elements such as your name or online persona can help you get that uniqueness. “True Crime with Nick and Matt” works much better than “The True Crime Show.”

What Does Trademarking a Podcast Name Achieve?

A trademarked name means no one else can register a podcast (or a service in the same industry) that has a similar name to your offer.

A trademark allows you to instantly take action against would-be offenders through a cease-and-desist letter that bears a great deal of weight and can reduce the need to move on to potentially costly litigation.

Finally, a trademark helps you build a community and sponsor or market opportunities. It becomes a part of your brand and can be recognizable enough that companies are willing to partner with you.

Do You Need to Make a Company to Register a Podcast Name?

In general, no. Forming a separate legal entity, such as an LLC, can help you protect your personal assets if someone sues your podcast, but it in no way affects your branding.

However, note that a trademark holder is a single legal entity, be they a person or a company. After a trademark is registered, transferring it can become a hassle and require a lawyer.

So, if you’re serious about potential expansion, think about forming an LLC and then registering the trademark.

Can You Copyright a Podcast Name for More Protection?

You might see the terms “podcast” and “intellectual property” and immediately jump to “how to copyright a podcast name” to get even more protection.

Unfortunately, that’s not how it works. Your podcast’s name is branding, while your podcast’s content is intellectual property. However, your podcast is technically protected automatically by copyright law when you make it, which would be easy enough to prove.

So, when someone is referring to copyrighting a podcast, they are typically either trademarking their name or adding additional copyright protection to their content.

How to Get Started With Podcast Trademark Protection

With trademark protection, you need to start sooner rather than later. The lengthy process means that your registration can take a while to get done, during which time someone else can try to copy your branding and dilute your recognition. Even if you can prove that you’ve made the content first, the damage could already be done to your reputation.

If you want to get more help on how to trademark a podcast name, consider contacting a trademark lawyer or trademark protection services. They can assist you with USPTO’s requirements, search for names, and even provide monitoring so you can discover issues before they turn into problems.