The Coca-Cola Company recently filed intent to use trademark applications for two hashtags, #cokecanpics and #smilewithacoke, to cover soft drinks.  Does this mean you won’t be able to use these hashtags on social media?  Not quite, in fact that’s probably the last thing The Coca-Cola Company wants.

So what’s the deal?  Can you trademark a hashtag?

Although hashtags are a relatively newer concept, they are fair game when it comes to trademarks as long as you are using the hashtag as a brand name or slogan for your product or service.  The United States Patent and Trademark Office will treat a hashtag the same way as it treats any other application.  It will look at the goods and services you are looking to cover, and then it will look at whether or not there is another registration out there that may lead to confusion.