Do Social Media Influencers Need Trademarks? Insights from Houston Trademark Lawyers

November 7, 2024

Social media influencers and content creators play a crucial role in the Houston economy, with their business impact and earnings potential continuing to grow year over year. Whether you have a few thousand followers or several million, your online presence and intellectual property are essential to your brand and reputation

At Quadros, Migl & Crosby, we know establishing and protecting your brand identity is more critical than ever. Our team can assist you with business formation and trademark protection, which are powerful tools for content creators and influencers. 

Understanding the Creator Economy 

The creator economy is a rapidly growing sector that includes social media influencers, videographers, bloggers, podcasters, brands, and the platforms on which they operate. The creator economy is worth well over $250 billion today and is on track to grow to double that within the next 4-5 years. Further, the Houston area is one of the leading markets in the world for social media influencers and brands. 

Creators build communities online and in the retail commerce space. They create and monetize content to generate income by leveraging sponsorship and brand deals, direct sales, ad shares, affiliate programs, and other revenue streams. 

The creator and influencer economy has changed how people think, shop, and make purchasing decisions. Consumers may be more likely to choose or recommend a particular brand or product when a known creator endorses it. 

The Creator Economy is Growing

One of the most exciting aspects of the creator economy is the growth potential, particularly in Houston, Austin, and across Texas. For influencers who don’t want to be left behind, it’s essential to take steps to protect your business and future earning potential now.  

The creator economy allows influencers to make a living focused on the topics and niches they’re passionate about. Brands and companies have realized there’s a level of authenticity that comes from creators that you can’t get with traditional advertising. 

Do Social Media Influencers Need a Trademark? 

In the online space where creators and influences produce and monetize content, having a trademark can help protect their brand and intellectual property. As influencers grow their business and increase their footprint, safeguarding their online reputation becomes even more critical. 

Having a trademark can prevent anyone else from using the unique elements defining you, such as: 

  • Your Name
  • Logo
  • Slogans/Catchphrases
  • Similar Branding 
  • Social Media Handles

Having a registered trademark allows creators to leverage their brand further to monetize content through sponsorships, licensing deals, subscriptions, merchandise, and more. Plus, trademarks help ensure creators have control over their work and content. 

With a trademark, you truly own your name and your brand. That means you can reach your audience directly without needing publishers, advertisers, and other third parties who might take a part of your revenue. 

Legal Protections and Business Considerations

Because creators endorse products and directly impact consumer behaviors, they must comply with Federal Trade Commission (FTC) rules and regulations. Specifically, influencers may not employ any tactics that may be considered “unfair or deceptive.” That means influencers cannot make false statements about products or brands or discuss their experience with something they’ve never actually used. 

With any level of influence comes a level of responsibility. As such, even influencers with a few thousand followers could benefit from forming a business entity and having a trademark. Forming a business entity will help with liability protection and financial planning and offer tax benefits for creators.

A small business attorney is crucial when forming a new business entity to ensure you comply with all laws and regulations. Forming a business entity and trademarking your intellectual property is critical to protecting your future opportunities and online reputation. 

Protect and Grow Your Brand with an Experienced Houston Trademark Lawyer

Forming a new business or pursuing a trademark for your name or other intellectual property may seem complex and overwhelming for content creators and social media influencers. You may feel like you don’t have a large enough following to pursue such actions. Know that you don’t have to make those decisions alone, and the process is simpler than you think. 

Quadros, Migl & Crosby has offices in Houston, Austin, The Woodlands, and Dallas. We are a boutique business law firm and Houston trademark lawyer with a client-focused approach. We have a solid understanding of the creator economy and offer expertise in trademark registration, business formation, and legal compliance. 

Call us to schedule a consultation today at 713-300-9662 or use our online contact form. Our team is ready to help you protect your intellectual property and online reputation while ensuring your business complies with existing laws and regulations.