Basics: What is a Podcast Trademark?
A trademark is a source identifier. That is something … a word, name, phrase, symbol, even a sound … that functions to identify a particular source of goods or services.
A podcast trademark is a name, phrase, or logo that is use uniformly to identify your podcast, and you provide content to consumers using that name, phrase, or logo.
I use the terms “trademark” and “service mark” interchangeably. But there is a difference. Podcasting is education and entertainment – a service. (A Service Mark). The production and streaming of this content is considered a service, and the appropriate designation for these “services” is a Service Mark.
Trademark Class 041 Education and Entertainment
Trademark Class 038 Streaming of Audio/Video
Use of a name with the tangible goods – swag, apparel, t-shirts, wristbands, stickers and mugs – is technically a “Trademark” use.
Trademark Class 009: Downloadable Audio
Trademark Class 025: Apparel
Trademark Class 016: Stickers & Printed Materials
To legally qualify as a trademark, the designation (1) must be capable of identifying the provider/manufacturer, and (2) the mark must distinguish the source of goods from other manufacturers.
Consider the terms: PODCAST, RADIO, NETWORK, NEWS, DAILY. These are examples of terms that do not qualify for trademark protection because they are generic or descriptive. Under the law, anyone in the podcast field has a right to use these terms.
Visit this detailed article for a more detailed explanation of What is a Trademark.