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How to Trademark Your Podcast Before Someone else Does

Published on: 31st July, 2025

Your podcast title is more than just a name—it’s your brand.

And if you’re not protecting it, you could be setting yourself up for disaster.

In this episode of Legit Podcast Pro, I’m breaking down exactly how to trademark your podcast title so you can avoid the expensive, frustrating mess that comes from someone else beating you to the punch.

We’ll cover:

  • What trademark protection really means (and doesn’t)
  • Why “first use” gives you rights—but “first to file” can still block you
  • What makes a podcast title eligible for trademark registration
  • When to register and what the process looks like
  • What to do if someone else files a trademark that’s too close to yours
  • Common trademark mistakes creators make—and how to avoid them

If you’re building a brand around your podcast, this is a must-listen episode.

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About the Podcast

Legit Podcast Pro
Exploring Podcasting through the legal and business lens from The Podcast Lawyer™, Gordon Firemark
Take your podcast to new levels of professionalism and profit. Join The Podcast Lawyer™ Gordon Firemark for tips, strategies, advice and Q&A with top podcasters. Learn how to grow and profit from your podcast like a pro.
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About your host

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Gordon Firemark

Gordon Firemark (gordonfiremark.com) has practiced media and entertainment law in Los Angeles since 1992. Widely known as The Podcast Lawyer™ (ThePodcastLawyer.com), he has spent his career helping creative industry professionals make deals that make sense, and that get their productions developed, financed, produced and distributed. His practice also covers copyrights, trademarks, business transactions, and corporate matters for clients in media and entertainment.