Using a trademark to claim a name

Hi Guys. Quick question.
There is a username on IG that I really want. It’s not too generic, 9 letters, and its been inactive for a very long time. (at least 2+ years)
I wanted to get it without paying too much so I got a trademark on the name but when I tried to claim it through Instagram it didn’t work. They said that since the name is inactive it would not “create confusion”
Do you guys know if there is any way for me to get the username? (without paying someone on here)
I’m a bit new to this.

Best
Ali

Which platform? Some won’t care about your trademark (like YouTube, for example).

Ahh sorry, didn’t see the IG part. Facebook is pretty lax on such requests, as far as I know. If it’s really inactive, you should be able to claim it.

Not all terms are subject to trademark protection… Protection depends on a variety of factors, including how unique, generic or descriptive the trademark is and the manner that it’s used… In your case I think the denied you based on the latter… “thre manner that it’s used”… while you have the trademark on the name… the manner it is being used according to Instagram is not causing any confusion…and it being inactive compounds that.

I tried and they said no :upside_down_face:

Do you think I should try again in a month or so?

Why did they say no?

This is what they said
"we are unable to give you the username you’ve requested at this time. The reported username does not violate our policies, and it isn’t clear to us that this username infringes your trademark rights. Specifically,

It appears that you have trademark rights in USA while the reported party’s content appears to be from Saudi Arabia."

Does that mean I would need a Saudi Arabian trademark in order to get the account?

Not really since they went with the “it’s not infringing on your trademark” route. That’s odd that they refused though (if it’s really inactive).

What I did when I approached IG was I told them:

  1. That the account I want is inactive.
  2. That I own the trademark to the name.
  3. And that I would love to spend some ad money on the platform, but only if I could do it under our brand name.

I had the name in 48 hours. I never said it infringed on my trademark, even though I used that form to contact IG.

do you think it would be a good idea to try it that way and fill out the form again in a month or two?
I didn’t mention the bit about wanting to spend ad money or how the account is inactive when I filled out the form.
Also, the account isn’t following anybody and hasn’t for more than 3 years. And they have never replied or seen any of my numerous dm’s so I’m assuming its inactive.

As long as a device logs in (even if they don’t use the account) it’s considered active. I wouldn’t wait a month, I would keep trying again ASAP.

they won’t ban my account or anything right?

I don’t know, to be honest. Why would they ban your account? Which account? The one you’re trying to obtain?

i tried again using your tips.
I said the account was inactive, that i own the trademark and that i would be interested in spending ad money if I had my brand name.
This is exactly what they replied with

"Thanks for contacting us. Based on the information you’ve provided, we are unable to give you the username you’ve requested at this time. The reported username does not violate our policies, and it isn’t clear to us that this username infringes your trademark rights. Specifically,

It doesn’t appear that the reported content is using this term or phrase in connection with the sale or promotion of goods or services.

If you haven’t already done so, you may wish to contact account holder to resolve your issue with them directly."

Its a completely inactive account with no pictures so I guess they’re right.

Any other ideas? Really appreciate the tips by the way.

Just because it has no pictures it doesn’t mean it’s inactive. They go by login activity and not by upload/comment activity. So, as long as the account is being logged into, or used just to browse, then you’re on the losing end.

they don’t follow anybody and they haven’t for more than a year I’m pretty sure. But maybe they just go on the explore page. When I have more money i’ll just pay someone here and hopefully it’ll work .

since I’m not sure if its inactive, would it be smart to try filling out the trademark form again and hope for a nicer person?

Yes, keep trying :slight_smile: What do you have to lose?

Any news @princeali

@princeali coukd you please advice how were you able to get the trademark?

I can help you get trademarked!

it was super easy. I just made sure that nobody else had it and then I filled out the application. a couple months later it was mine