From Trend to Trademark: The Rise of AI generated Hashtags in Social Media Marketing

Abstract

Hashtag generation through AI for social media marketing can be a great way to ensure that hashtags are relevant and engaging. AI can help identify the most popular hashtags for the industry and target audience. It can also help to create new and unique hashtags that will make the content stand out. A symbol or term containing the hash symbol (#), commonly known as a 'hashtag,' can be registered as a service trademark only if it serves as an identifier for the source of the applicant's goods or services. Successful registration of hashtag trademarks has occurred in both the United Kingdom and the United States. Under common law, business reputation, represented by a name or label, can only be safeguarded through a passing-off action, a process that is complex and uncertain in its outcome.
The Trade Marks Act of 1999 provides trademark registration, conferring statutory rights to the owner that surpass common law rights and offering a convenient method for safeguarding against infringement. In the contemporary world, social media plays a crucial role in achieving business objectives such as brand awareness and customer acquisition. Social media platforms have become essential tools for marketing companies to connect with their target audience. Among these tools, the hashtag (#) has gained significant prominence and has been globally registered as a trademark by numerous companies in the current decade. There is widespread awareness among owners and entrepreneurs regarding the use of hashtags in social media campaigns and their registration as trademarks. Despite the increasing use of hashtags in India over the years, there remains a question about whether, according to Indian Trademark law, hashtags can be considered for registration.
This paper delves into the importance of employing hashtags in India and examines their international usage. This paper examines the common law as well as trademark law remedies in India where the AI generated hashtag words are used in social media to boost search engines and e-marketing affecting the right of branded product owner.