Atlanta, GA asked in Trademark and Intellectual Property for Georgia

Q: What trademark class does a podcast fall under?

I want to trademark the name of my podcast, which features conversations about relationships. I have already conducted a search for trademark registration. Additionally, I am offering related merchandise, including t-shirts and coffee mugs. What is the correct class that a podcast would fall under for trademark purposes?

3 Lawyer Answers

A: The question is a little too broad. Simply producing and streaming a podcast would be protected in one class, while downloadable podcasts would be protected in another. In some cases, you would want both. Associated merchandise would be in other class(es), depending on the particular merchandise (shirts and mugs would each be separate classes). You should consult a qualified trademark attorney about exactly what you're doing to determine the best classes for you.

Sarah Teresa Haddad
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Answered

A: There are 2 classes related to podcasts: Class 9 (for downloadable audio files) and Class 41 (for entertainment services). Class 25 is the primary class for related merchandise that covers clothing, footwear, and headgear; and Class 21 covers mugs.

James L. Arrasmith
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Answered

A: When trademarking a podcast, the appropriate class typically falls under Class 41, which covers entertainment services. This class includes services related to providing podcasts, radio programs, and other media productions, especially those that involve entertainment or educational content. Since your podcast deals with conversations about relationships, it falls under this category for the content creation and distribution side of your business.

However, since you’re also offering related merchandise like t-shirts and coffee mugs, you will need to consider additional classes for these products. Merchandise such as apparel and mugs would fall under Class 25 for clothing and Class 21 for household items like mugs. You’ll want to file for trademarks in both Class 41 for the podcast itself and any relevant product classes for the merchandise.

It's important to make sure you're covering all aspects of your business. Trademarking both the podcast and the related goods will provide comprehensive protection. Filing across multiple classes ensures that your brand name is safeguarded not only for the podcast but also for the items you're selling.

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