Latest / Influencer Marketing with Fexingo: Creators, Sponsorships, and Modern Endorsement Deals / Why Influencers Are Now Filing Their Own Trademarks
Transcript
- Lucas: So there's this thing happening now where influencers are filing their own trademark applications. Not hiring a lawyer, not going through a brand management firm — they're logging into the USPTO's TEAS system themselves and submitting. Luna: Wait, really? I know a lot of creators are protective of their names, but filing a trademark is pretty technical, isn't it? Lucas: It is, but the numbers are striking. In 2025, individual creators filed over 5,000 trademark applications with the USPTO. That's up about 40 percent from 2023. And the USPTO's TEAS Plus filing fee is only 350 dollars per class, which is a lot less than a lawyer would charge. Luna: So it's the cost. But what's driving the urgency? It's not like every influencer is getting sued for their handle. Lucas: Partly it's platform policy. YouTube and Instagram now require proof of trademark registration for certain monetization features — like if you want to enforce your brand against impersonators or use your name in specific ad formats. Also, more influencers are licensing their names to third parties, and those licensees want to see a registered mark. Luna: Right, we talked about licensing in episode 108. So if you're going to license your catchphrase or your logo, a trademark makes that deal credible. Lucas: Exactly. And I came across a good example. A cooking channel with about 2.5 million subscribers — the creator trademarked the word 'Sizzle' in three separate classes: for kitchen tools, for downloadable recipes, and for a potential TV show. All filed without an attorney. Luna: Three classes, that's 1,050 dollars in filing fees. And they did it themselves. Did they get approved? Lucas: They did, but it took two office actions — the USPTO examiner flagged the specimen they submitted for the kitchen tools class. They initially submitted a screenshot of their Instagram story, which doesn't show the mark used on the actual goods. So they had to resubmit with a photo of the mark on a spatula package. Luna: That's the kind of thing a lawyer would catch. But the creator saved probably 2,000 dollars in legal fees. Lucas: Yeah, but there's a risk. If you mess up the specimen or the classification, your application can be abandoned. I talked to a fitness influencer who tried to trademark her app name — she filed it under 'downloadable software' but didn't realize she also needed to file under 'providing online non-downloadable software' for the SaaS version. By the time she figured it out, another creator had filed for the same name in the correct class. Luna: Ouch. So she lost the name because of a classification error. That's a hard lesson. Lucas: It is. And it's becoming more common because the USPTO is seeing more applications from individuals who don't know the nuances. The overall allowance rate for pro se applicants — that's people without lawyers — is about 10 percentage points lower than for represented ones. Luna: But still, 5,000 applications in a year shows that influencers are taking brand protection seriously. It's not just about your name — it's about the whole ecosystem of catchphrases, logos, even hashtags. Lucas: Hashtags are tricky. You can't trademark a hashtag per se, but you can trademark a phrase that happens to be used as a hashtag. The USPTO has guidelines on that. Some creators are filing for their signature sign-off phrases, like 'Stay Golden' or 'See You on the Bright Side'. Luna: And then there's the issue of enforcement. Even if you get the trademark, you have to police it. A lot of creators don't have the bandwidth to monitor for infringements. Lucas: That's true. But some are using automated services that scan Amazon and Etsy for listings using their trademarked terms. Those services cost maybe 50 dollars a month. It's becoming a standard part of an influencer's business toolkit. Luna: So the DIY trademark trend — is it mostly smaller creators, or are big ones doing it too? Lucas: It's actually more common among mid-tier creators — those with 100,000 to a million followers. The mega-influencers usually have legal teams. But the mid-tier ones are the ones who are growing fast and realize they need to lock down their brand before they get big enough to be a target. Luna: That's smart. And it's a good reminder that owning your IP is becoming as important as owning your audience data, which we talked about in episode 112. Lucas: Exactly. And the trademark office is even seeing filings for things like 'influencer name plus merch', 'podcast name plus clothing', 'YouTube channel name plus entertainment services'. The classification is getting more creative. Luna: Let me ask you this: do you think the rise of DIY trademarks is a good thing overall? Or are we heading for a bunch of disputes that could have been avoided with a lawyer's help? Lucas: I think it's net positive. More creators are taking their businesses seriously. But there's a gap in education. The USPTO has a free online course — the Trademark Information Network — but most creators don't know about it. If you're going to file yourself, you should at least take that. Luna: And maybe do a quick search first. I checked the TESS database last week for a friend's channel name, and there were three similar marks already registered. Saved her the filing fee. Lucas: See, that's the kind of thing that makes a difference. And speaking of saving things — if this conversation has been useful to you, the reason we can keep having these ad-free conversations is listener support. So if you've gotten value from today's episode, consider buying us a coffee at buy me a coffee dot com slash fexingo. It genuinely helps us keep the show independent. Luna: Yeah, that support is what lets us spend time digging into these specific angles. And we really appreciate it. Lucas: So back to the trademark trend — I think we'll see even more filings as platforms tighten their IP requirements. In fact, Instagram recently updated its Branded Content Policy to require proof of trademark for certain partnership tags. That alone could drive another wave. Luna: Interesting. So for an influencer listening right now, what's the one concrete step you'd recommend? Lucas: Search the USPTO database for your brand name and any variations you might want to use. If it's clear, file an intent to use application for the classes that make sense for your business — even if you haven't started selling merch yet. That gives you a filing date priority. Luna: And then use the mark in commerce within the deadline. Otherwise you lose the application. Lucas: Right. It's six months for a statement of use, unless you get an extension. But it's a manageable timeline. The key is just starting the process. Luna: Alright, good episode. I feel like I need to go check my own name now. Lucas: Ha, same. That's all for today on Influencer Marketing with Fexingo. We'll be back tomorrow with another angle.