From Hashtags to Holograms: What Can You Trademark in 2025?

The Expanding Universe of Trademarks

The traditional definition of a trademark—a unique identifier that distinguishes a brand—has long-encompassed names, logos, and slogans. But today's branding is far more dynamic, and businesses are seeking ownership over the intangible and ephemeral.

Luxury fashion houses are trademarking their signature scents. Startups are securing exclusive rights to specific colour shades. Tech giants are attempting to protect the digital personalities of their AI assistants. And with the rise of the metaverse, virtual spaces themselves are being trademarked, blurring the boundary between intellectual property and digital real estate.

Can You Own a Hashtag?

In the social media-driven economy, visibility is currency. A hashtag isn't just a label—it's a gateway to viral engagement. Brands are increasingly filing trademarks for their signature hashtags, aiming to lock down ownership of phrases that gain traction online.

Take #LikeAGirl, a phrase originally popularised as a feminist rallying cry. It became so synonymous with Always' marketing campaign that the brand successfully trademarked it. Similarly, Nike secured protection for #RiseAsOne, ensuring its exclusive use in promotional material.

But can you trademark a hashtag that's widely used by the public? The answer depends on context. While brands can protect hashtags linked to specific goods or services, they can't claim ownership over everyday phrases. Courts have repeatedly rejected overly broad applications, reinforcing that language, in its natural form, remains public property.

The Battle for Sounds and Smells

Sound has become an integral part of brand identity. Think of Netflix's signature Tudum or McDonald's I'm Lovin' It jingle—both of which are trademarked. Now, brands are going beyond music, securing rights to unique audio signatures, such as the chime of an app notification or the distinct click of a product case closing.

Similarly, scent branding has gained legal recognition. Chanel's No. 5 is more than a perfume—it's a protected olfactory trademark. Even the earthy aroma of Play-Doh has been legally secured, ensuring that no competitor can replicate it.

Trademarks in the AI Age: Who Owns Machine-Generated Content?

AI-generated content presents one of the biggest legal grey areas in trademark law. In 2025, AI tools can design logos, craft slogans, and even generate entire marketing campaigns. But who owns the rights to AI-created branding? The designer? The company that trained the AI? Or the AI itself?

Currently, most jurisdictions maintain that intellectual property cannot be attributed to machines. If an AI creates a logo, the rights belong to the company or individual who directed its use. However, with AI systems now operating with increasing autonomy, legal experts predict major changes in how ownership is defined.

For companies navigating these complex ownership rights, partnering with a private equity law firm experienced in structuring intellectual property assets can help ensure that AI-generated branding aligns with long-term business strategies.

Virtual Influencers and the Digital Persona Dilemma

Lil Miquela, a CGI influencer with millions of followers, has posed a fascinating legal question: Can you trademark a virtual person?

The answer appears to be yes. In 2024, a landmark case saw a brand successfully trademark the likeness, voice, and digital movements of a virtual influencer, preventing imitation by competitors. The implications are profound. If brands can trademark digital personalities, does that mean a virtual character's mannerisms, facial expressions, or even way of speaking can be locked down as intellectual property?

Holograms, the Metaverse, and the Next Frontier

With the rise of holographic advertising and immersive retail experiences, brands are racing to trademark digital assets that exist only in virtual space. Companies are now securing trademarks for virtual clothing, metaverse storefronts, and even holographic brand ambassadors.

One of the most notable examples? Nike's Cryptokicks, a blockchain-verified sneaker designed solely for virtual wear. It exists only in digital form, yet Nike successfully trademarked both the design and name, preventing replication in metaverse environments.

This shift means that branding is no longer confined to the physical world. In 2025, owning an idea extends beyond tangible products—it includes the digital footprint of a brand, even if it never physically exists.

Where Does This Leave Creators and Consumers?

The push to trademark everything—from social media phrases to virtual experiences—raises an ethical dilemma. At what point does branding infringe upon creative freedom? If a phrase, a dance, or even a colour can be trademarked, does it limit public expression?

Courts are now forced to define the boundaries of intellectual property in ways they never have before. While businesses argue that trademarks protect innovation, critics warn that excessive trademarking risks privatising culture itself.

The Future of Trademarks: A Shifting Landscape

In 2025, the question is no longer just what can be trademarked? but what should be trademarked? As technology redefines ownership, the legal system must navigate a world where identity is fluid, virtual, and often created by machines.

For businesses, the race to secure intellectual property rights will only accelerate. For consumers and creators, the challenge is ensuring that innovation doesn't come at the cost of cultural creativity. The future of branding is immersive, interactive, and intangible—but who owns it is still up for debate.