Business Law Blog

Growing Your Podcast? Here’s Why Trademarking Matters

Posted by Amanda Butler Schley | Feb 04, 2025 | 0 Comments

Launching a podcast is exciting, but growing one is where the real challenge begins. As your subscriber count increases, so does the value of your podcast's brand. If you're building a loyal audience, monetizing your content, or expanding your influence, protecting your podcast's name and identity becomes essential. Here's why trademarking your podcast is a smart move for long-term growth.

Why Podcast Growth Makes Trademarking Essential

As your podcast gains traction, you'll face new challenges, including:

  • Brand Imitation: A successful podcast attracts copycats looking to ride on your success.
  • Expansion Opportunities: Whether through sponsorships, merchandise, or live events, a protected brand ensures you fully control its commercial use.
  • Legal Conflicts: If you grow without a trademark and someone else registers a similar name first, you could be forced to rebrand—losing listeners and credibility in the process.

Trademarking your podcast name early ensures you can scale without legal or branding setbacks.

When Should You Trademark Your Podcast?

If you're just starting, you may wonder when it's the right time to trademark. Here are some key indicators that trademarking is worth considering:

Your subscriber base is growing consistently.
You're monetizing through ads, sponsorships, or merchandise.
Your podcast name is unique and recognized in your niche.
You plan to expand into new media, like video content or live shows.

If you check off any of these boxes, securing a trademark can safeguard your podcast's future.

Trademark Classes for Podcasts

When filing a trademark application, choosing the right category (or class) is crucial. For podcasts, the most relevant classes are:

  • Class 9 – Covers downloadable digital content, including podcasts and audiobooks.
  • Class 41 – Covers entertainment services, including podcast production and distribution.

Most podcasters file under Class 41, but if you distribute downloadable files, Class 9 may be relevant as well.

How to Trademark Your Podcast for Long-Term Growth

1️⃣ Conduct a Trademark Search – Check the USPTO database to ensure no one else has trademarked a similar name.

2️⃣ File a Trademark Application – Submit your application with the correct trademark class and proof of use.

3️⃣ Monitor and Respond – The USPTO may request clarifications or raise concerns, so staying responsive is crucial.

4️⃣ Enforce Your Trademark – Once approved, you have legal grounds to stop others from using your podcast name.

The Big Picture: Scaling Your Podcast with Confidence

Podcast growth is exciting, but it also brings new risks. Imagine spending years building an audience, only to be forced to rebrand due to a legal dispute. Trademarking ensures your brand is secure, recognizable, and fully yours as you scale.

If your podcast is growing, now is the time to think about legal protection. Want to explore your options? Contact BLG to get started on determining whether a trademark is possible for your podcast.  BLG serves as trademark counsel to clients in all 50 states. 

About the Author

Amanda Butler Schley

Ranked as a Top Rated Business and Commercial Attorney, I have more than a decade of experience representing boutique hotels, family-owned businesses, privately owned restaurants, breweries, artists, executives and entrepreneurs.

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Business Law Group is a boutique business services law firm in New Orleans, Louisiana. Our focus is on understanding the legal pitfalls of your business and industry, as well as the secrets to maximizing your legal leverage at every opportunity and in every negotiation. We work selectively with clients that aren't ready for the overhead expense of an in-house general counsel, but understand the advantages of having a trusted legal advisor on their team. Amanda Butler has been ranked as a Louisiana SuperLawyer, New Orleans Top Lawyer, Best Lawyers, and in Leaders of Law.

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