If you’ve started a podcast, you’ve likely invested significant time and energy creating a unique name that resonates with your voice, topic, and audience. But what happens if someone else uses your name—or worse, trademarks it before you? That’s why it’s critical to trademark your podcast name early.

This step-by-step guide helps you legally protect your brand and navigate trademark law confidently.

Why You Should Trademark Your Podcast Name

Your podcast name is your brand identity—it helps listeners find you, remember you, and trust your content.

Stat: Over 464 million people globally listened to podcasts in 2023 according to Edison Research. That’s a massive market—and a prime target for copycats.

Without a registered trademark, you could:

• Lose the rights to your name

• Be forced to rebrand

• Face lawsuits or cease-and-desist letters

• Miss out on licensing, sponsorships, or merch

Legal experts, including Indie Law, emphasize that common-law rights only provide limited protection. You gain nationwide rights and the legal right to use the ® symbol only when you register with the USPTO. Learn more at:

• https://legalclarity.org/should-i-trademark-my-podcasts-name

• https://www.mekiplaw.com/how-to-trademark-a-podcast

• https://blawgit.com/2019/01/02/top-5-legal-issues-for-podcasters-number-2-trademark-infringement

Step 1: Pick a Unique Name

Avoid generic or descriptive names like "Daily News Podcast." Instead, aim for:

• Unique or made-up names (e.g., Podopolis, MindJuice)

• Names that aren’t already used by other shows or businesses

The more distinctive your name, the stronger your trademark rights. For more on trademark distinctiveness, see:

• https://en.wikipedia.org/wiki/Trademark_distinctiveness

Step 2: Search for Existing Trademarks

Before applying, make sure your name isn’t already taken. Use:

• USPTO’s TESS database: https://www.uspto.gov/trademarks/search

• Google search

• Apple Podcasts, Spotify, YouTube

• Social media

• Domain name availability

Stat: In 2024, over 40% of podcast name searches revealed existing uses or confusingly similar trademarks.

If you find a close match, adjust your name to avoid future legal problems. Learn more here:

• https://legalclarity.org/should-i-trademark-my-podcasts-name

• https://blawgit.com/2019/01/02/top-5-legal-issues-for-podcasters-number-2-trademark-infringement

Step 3: Choose the Right Trademark Class

Most podcasts fall under:

• Class 41: Entertainment services, including podcast production and distribution

• Class 9: Downloadable audio content (optional)

Correct classification ensures your rights align with how you actually use the name.

Step 4: Prepare Your Application

To file with the USPTO, you'll need:

• The exact name of your podcast

• A clear description of services

• A specimen showing actual use (like a podcast cover or website screenshot)

• Owner’s information (you or your business)

• Filing fee: $250–$350 per class

For guidance, visit:

• https://legalclarity.org/should-i-trademark-my-podcasts-name

• https://podcastingcareers.com/tips/trademark-podcast-or-copyright-podcast

Step 5: File with the USPTO

Use the Trademark Electronic Application System (TEAS) to apply:

• https://www.uspto.gov/trademarks/apply

Choose between:

• TEAS Plus: $250 per class, more strict requirements

• TEAS Standard: $350 per class, more flexibility

Filing takes about 60–90 minutes if you're prepared.

Step 6: Monitor Your Application

The USPTO review process takes about 8–12 months. Common issues include:

• Conflicting or similar names

• Improper specimen

• Descriptive or generic names

If the USPTO sends an Office Action, you must respond within 3–6 months to keep your application alive. Learn more:

• https://legalclarity.org/should-i-trademark-my-podcasts-name

• https://www.mekiplaw.com/how-to-trademark-a-podcast

Step 7: Register and Use the ® Symbol

Once approved, you’ll receive a registration certificate and can legally use the ® symbol.

Benefits of registration include:

• Exclusive nationwide rights

• Legal proof of ownership

• Ability to sue for damages

• Protection against imitators

Podcasters with trademarks often attract more sponsors and licensing deals.

Step 8: Monitor and Defend Your Trademark

Once registered, protect your trademark by actively monitoring for infringement. You can:

• Set up Google Alerts

• Use trademark watch services

• Send cease-and-desist letters when necessary

• Report infringement to platforms like Apple, Spotify, and YouTube

• Work with an attorney if needed

Failure to monitor your trademark can weaken your rights over time.

Bonus: Think Global

If your podcast reaches international audiences, consider protecting your name abroad through the Madrid Protocol. Learn more at:

• https://www.wipo.int/madrid/en