This is an overview, not legal advice. An attorney can confirm what fits your situation.
What you can and can’t own
- Name: often yes. A distinctive name that brands your channel can be a trademark.
- Logo: often yes. A logo used as the channel’s brand can be a mark too.
- The face: not through a trademark. A look is a separate copyright question, and AI-generated images may have little or no copyright protection.
- The idea of an AI influencer: no. Nobody can own the concept.
The class: usually Class 41
Trademarks are registered for specific services. An influencer that entertains an audience usually starts with Class 41 (entertainment services). Merch, downloads, or sponsorship services can add other classes, each with its own fee. See Class 41 for channels.
Proof of use: the channel profile
The USPTO wants a specimen: real proof the name is used with the service. For an influencer channel, that’s usually the channel or profile page showing the name next to the content, with the URL and date. Not live yet? You can file intent to use, then prove use later with an extra filing and fee. More in the specimen guide.
Four steps before anyone files
- Check the name. Search live USPTO records for the same name, names that contain it, and close spellings.
- Use one name everywhere. Same spelling on every profile and handle.
- Save proof. Screenshot the profile with the URL and date. The first-use logger helps.
- Talk to an attorney. They decide what to file. The USPTO examines it, and nothing is guaranteed.
What it costs
The USPTO base fee is $350 per class, paid to the USPTO, separate from anything else. Custom wording or intent-to-use filings can add fees. See trademark cost.
CharacterGuard’s Lock kit ($249 once) gets the name, mark, and channel record ready for an attorney. It isn’t a filing, and we don’t file. The USPTO fee ($350 per class) and any attorney’s fee are separate. CharacterGuard isn’t a law firm.
Sources
- USPTO, Goods and services.
- USPTO, Drawings and specimens.
- USPTO, Summary of 2025 trademark fee changes.
- U.S. Copyright Office, Copyright and artificial intelligence.
Questions
- Can I trademark my AI influencer?
- Often the name, and possibly a logo, can be trademarked when it brands a live channel and is distinctive. You can’t trademark the concept of the influencer.
- What trademark class is an AI influencer?
- Usually Class 41, entertainment services. Merch, downloads, or sponsorship services may involve other classes, each with its own fee.
- Does a trademark protect my AI influencer’s face?
- No. A trademark covers the name or mark. The image is a separate copyright question, and AI-generated images may have little or no copyright protection.
- Do you file for me?
- No. CharacterGuard isn’t a law firm and doesn’t file. The Lock kit ($249) gets your name, mark and channel record ready for an attorney. The USPTO fee is separate.