Can You Trademark an Instagram Handle or TikTok Name?

The short answer: Yes, but with conditions.

A social media handle on its own does not automatically qualify for trademark protection. However, if your handle or username is used as a brand identifier—meaning it represents goods or services—you may be able to register it as a trademark with the United States Patent and Trademark Office (USPTO).

What Makes a Social Media Handle Eligible for a Trademark?

Not all Instagram or TikTok usernames can be trademarked. To qualify, your Instagram or TikTok handle must meet these criteria:

• It’s Distinctive: Generic or common names like “BestPizza” or “FitnessCoach123” are hard to trademark. Unique names like “Nike” or “Glossier” are much easier.
• It’s Associated with Goods or Services: If you’re using your social media name for entertainment, selling products, offering consulting services, or promoting a business, you have a stronger case.
• It’s Used in Commerce – You need to show that your handle is not just a personal username but is actively tied to a business that sells products or services.

How to Trademark Your Social Media Handle

If your Instagram or TikTok name meets the criteria, here’s how you can trademark it:

1. Conduct a Trademark Search

Before applying, check the USPTO’s Trademark Electronic Search System (TESS) to see if your Instagram or TikTok handle is already trademarked. If a similar name is registered, you may need to tweak yours to avoid infringement.

2. File a Trademark Application with the USPTO

To register your Instagram or TikTok handle, submit a trademark application through the USPTO website. You’ll need to specify:

• The exact handle you’re trademarking
• The category of goods/services it represents
• Evidence that you’re using the name commercially

3. Submit Proof of Use in Commerce

A social media handle alone isn’t enough—you must show how it’s being used in commerce. This could be:

• A website or online store featuring the name
• Branded merchandise with your social media name
• Business contracts, invoices, or advertisements using the name

4. Wait for USPTO Review

The USPTO will examine your application and may ask for additional information. If approved, your trademark will be officially registered, giving you exclusive rights to the name in your industry.

What If Someone Steals Your Instagram or TikTok Name?

If someone takes your social media handle, having a trademark makes it easier to take action. Here’s what you can do:

1. File a Trademark Infringement Claim

If another user is using your trademarked Instagram or TikTok name, you can send a cease-and-desist letter or take legal action to stop them.

2. Report the Violation to Instagram or TikTok

Both platforms have policies against impersonation and trademark infringement. If you own the trademark, you can file a complaint with Instagram or TikTok to have the account removed.

3. Consider Legal Action

In serious cases where the infringement damages your business, you may need to take the matter to court. A trademark gives you legal grounds to protect your brand.

Key Takeaways: Should You Trademark Your Social Media Handle?

• If your Instagram or TikTok name is just a personal handle, it likely won’t qualify for a trademark.
• If you use it to sell products, provide services, or build a business, you should consider trademarking it.
• A trademark gives you exclusive rights to your name and helps prevent copycats from profiting off your brand.

If you’re unsure whether your social media handle qualifies for a trademark, consult a trademark attorney to evaluate your options. Protecting your brand now can save you from legal battles in the future.

Need Help Protecting Your Social Media Brand?

At Ayala Law, we help businesses, influencers, and entrepreneurs secure trademarks and protect their brands.

If you’re filing for a trademark or dealing with an infringement issue, contact an experienced attorney in Miami at 305-570-2208.

You can also contact trial attorney Eduardo A. Maura at eduardo@ayalalawpa.com.

Schedule a case evaluation online here.