How to Trademark Your Podcast
Starting a podcast is more than hitting “record” and sharing your ideas. You’re building a brand—something listeners come to recognize, trust, and follow. That’s why it’s so important to trademark a podcast early on. Without the right protection, you risk someone else using your name, copying your branding, or creating confusion in the marketplace.
Let’s break down how to trademark your podcast in a way that’s simple, clear, and effective.
Why Trademarking a Podcast Matters
Trademarking gives you the legal right to take action against copycats and protect your brand’s reputation. It also makes your podcast appear more professional and credible to both listeners and potential sponsors.
Podcast Elements You Can Trademark
Many podcasters are surprised to learn just how much of their show can be trademarked. If your podcast has a unique name, eye-catching logo, or a distinct slogan or tagline that’s associated with your brand, those elements may qualify for protection.
Keep in mind: your podcast content itself (the audio or episodes) is protected under copyright, not trademark. Visit Copyright.gov to protect your work.
Trademark is all about brand identifiers—what people see and remember when they think of your podcast.
Steps to Trademark a Podcast
To trademark a podcast, you’ll want to follow a few key steps:
- Conduct a Comprehensive Trademark Search
Before filing, it’s critical to ensure your podcast name isn’t already in use. A thorough trademark search looks at federal, state, and common law usage to assess potential conflicts. - Prepare and File the Application
Once your name is clear, you can file a trademark application with the U.S. Patent and Trademark Office (USPTO). You’ll need to identify the appropriate trademark class or classes (for podcasts, that could mean Trademark Class 41 for the podcast itself or even Trademark Class 9 for downloadable podcasts or Trademark Class 38 for transmission of podcasts) and submit required documentation. - Maintain and Enforce Your Trademark
After approval, you’ll need to actively use your trademark and file maintenance documents over time to keep it valid.
How a Podcast Trademark Protects You
A registered podcast trademark gives you legal ownership and exclusive rights to use that mark in connection with your show.
If another podcast pops up with a similar name, you’ll have the legal grounds to stop them. It also strengthens your position if you want to license or monetize your brand in the future—whether through merch, live events, or syndication deals.
Common Mistakes to Avoid
A big mistake that podcasters make is choosing a name that’s too generic or already in use. If your title sounds like hundreds of others out there, it won’t stand out—and worse, it could land you in legal trouble.
But the biggest mistake? Skipping the trademark search. A quick Google or Spotify check isn’t enough. You need a professional-level search that uncovers not only registered marks but also unregistered names in use.
When to Trademark Your Podcast
Ideally, you should begin the trademark process before launching your podcast—or at least early in its growth. The longer you wait, the more risk you take on. If someone else registers a similar name first, you could be forced to rebrand entirely.
Protect Your Podcast the Right Way
Your podcast is more than a passion project—it’s your brand. Don’t leave it unprotected. At TradeMark Express, we specialize in comprehensive trademark searches and thorough application preparation. We’ll guide you through every step so you can trademark your podcast with confidence.
Contact us today to safeguard your show and secure your podcast brand for the future.