Why should YouTube creators register a trademark in the US?

As YouTube has evolved from a video-sharing platform into a massive business arena where creators build brands and generate income, influencers with over one million subscribers are no longer just content creators—they are brands in their own right. A channel name, logo, unique catchphrases, and distinctive video styles become valuable brand assets, easily recognizable to fans and consumers. So, what’s the next step for these creators? It’s trademarking in the United States.

Why Should You Trademark in the U.S.?

Risk of Not Registering a U.S. Trademark

As a U.S.-based global platform, YouTube's policies and content management are heavily influenced by U.S. law. This is especially true in cases of copyright and trademark disputes, which rely on the U.S. legal framework. Not having a registered trademark in the U.S. leaves creators exposed to significant risks.

1. YouTube’s Policies are Grounded in U.S. LawYouTube, a subsidiary of Google (Alphabet Inc.), operates under U.S. law and regulations. In the event of a trademark dispute, YouTube prioritizes the rights of the trademark owner under U.S. trademark law, with enforcement that can include content takedown or deletion if an existing trademark is infringed. A creator without a registered U.S. trademark could be subject to claims of trademark infringement from others who hold U.S. rights, risking content removal or even a channel ban. Moreover, U.S. laws like the Digital Millennium Copyright Act (DMCA) enforce strict protection of intellectual property, including trademarks, obligating YouTube to respond quickly to any valid complaint. Without a U.S. trademark, creators are left in a vulnerable position in disputes.
2. Trademark Protection for the U.S. Market is EssentialYouTube may operate globally, but its operations and regulatory adherence are primarily influenced by U.S. laws. Even if a creator operates fairly in Korea or another country, they risk having their brand name preempted in the U.S. by another party. The U.S. follows a “use-based” trademark system, which grants priority to those actively using a trademark, but registered trademarks provide stronger protections. Without U.S. trademark registration, a creator cannot assert legal protection for their brand—even if their channel is well-known outside the U.S. For anyone eyeing an international audience, securing a U.S. trademark is critical to protect the brand.
3. Legal Risks Without a U.S. TrademarkIf creators do not register their trademarks in the U.S., they may face several legal risks:
   • Trademark Infringement Lawsuits: Without registration, someone else could register a similar name and legally enforce their rights. This can lead to costly litigation, potential rebranding, or damage awards.
   • Content Blocking and Takedowns: If an infringement claim is filed based on U.S. law, YouTube must act, potentially leading to blocked or deleted content. This could harm channel visibility and even lead to suspension.
   • Disadvantage in U.S. Trademark Disputes: Even if a brand is well-known abroad, it is not protected in the U.S. without registration. The Well-Known Marks Doctrine offers limited protection, and most creators will not meet the high threshold required to qualify.

The "Kimagure Cook" Case

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A popular Japanese channel, "Kimagure Cook," gained significant popularity in Japan without trademark registration in the U.S. or other regions. In 2021, a third party attempted to register the name, showing how lack of international trademark protection can allow others to legally claim a brand, potentially forcing costly and lengthy legal battles. Even well-known brands face risks when entering large markets like the U.S. without a registered trademark, as U.S. law generally protects the first party to use or register the trademark within its borders.

Why YouTubers Need International Trademark Registration

As creators reach the million-subscriber mark, they’ve become business entities responsible for protecting their brand and content. For creators of this scale, U.S. trademark registration is essential.

1. Brand ProtectionA YouTuber’s brand assets—channel names, logos, catchphrases—are unique expressions of identity and crucial to fan engagement. Without trademark protection, these assets are vulnerable to imitation or misuse. Registering a U.S. trademark provides robust protection, helping creators safeguard their brand against unauthorized use.
2. Increasing Cases of Trademark SquattingTrademark squatting is on the rise worldwide, where individuals intentionally register YouTubers’ brands abroad, then demand licensing fees or settlement payments. For example, YouTube star MrBeast faced a case where a third party attempted to register his brand in Korea. By proactively securing trademark rights, creators can prevent these situations, saving on future legal expenses and protecting their brand.
3. Enhanced Revenue Opportunities Beyond YouTubeTrademarks open doors for monetization beyond legal protection. By registering, creators gain exclusive rights to produce merchandise, license their brand, and pursue collaborations with brands. Trademark ownership strengthens negotiation power for sponsorships, advertising, and business partnerships, enabling diversified revenue streams.

The Trademark Registration Process and Importance of Legal Expertise

The U.S. trademark registration process can be complex for first-timers, involving stages like trademark search, documentation, and examination. A misstep, such as an incomplete application or lack of adequate research, can lead to rejection or legal challenges. Here are the key steps:

• Trademark Search: Conduct a search on the United States Patent and Trademark Office (USPTO) database to identify existing or similar trademarks to avoid duplication.
• Application Preparation: The application should detail the intended scope, product or service range, and trademark usage. Accuracy here minimizes potential issues during examination.
• Review and Approval: After submission, the application undergoes examination, which may take months. Any issues must be resolved before final approval, at which point the trademark gains legal protection.

Why Seek Professional Help

Navigating the trademark registration process alone can be risky due to the complex procedures and strict legal requirements. Errors in application or insufficient research may lead to rejections or, worse, legal disputes. Expert guidance ensures proper handling of the process, reducing the risk of errors.

For more personalized advice on YouTube trademarks, feel free to reach out to Pine IP. pine ip works with global legal partners to streamline the process, enabling businesses to secure their brand internationally. The firm also supports companies in brand protection under the Korean Intellectual Property Protection Agency’s dispute response initiative. Contact Pine IP Firm today for a consultation on international YouTube trademarks.