#Hashtag has emerged as an indispensable online marketing tool. While #hashtag alone is a generic symbol, but when used with a product name or tagline, it may function as a trademark. According to the guidance from the US Patent and Trademark Office (USTPO), “a mark comprising of or including the hash symbol (#) or the term ‘hashtag’ is registerable as a trademark of service only if it functions as an identifier of the source of the applicant’s goods or services.” Some of the #hashtag trademarks that have been successfully registered in the United States are #smilewithacoke and #cokecanpics (The Coca-Cola Company), #McDstories (McDonalds), and #makeitcount (Nike).
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