How to Use Trademark Infringement to Claim an Instagram Username

by | Dec 24, 2022

Have you ever come across an Instagram account that had the username you desire? Better yet, do you have that username as a registered trademark? If so, this could be an example of infringement, and there might be a few steps you can take to claim that username.

Before diving in, it’s important to know that Instagram will not take a username from another account simply because you have used that name before. There is more to it, and it will take some proof of infringement on your part to take that username.

Instagram’s Stance

You can find out what Instagram has to say about misusing usernames via their help center. If someone is using a username that you desire but is not copying your brand, services, or products, then Instagram does not view this as a violation.

You cannot take that username simply on this basis. What if that account is impersonating your brand, services, or products? That is, in fact, a violation, and you should file a report immediately.

Claiming Your Username

You’ve found that an account not only has your username but they are also impersonating you. It’s time for you to take action and stake your claim. Yet, it’s not as simple as telling Instagram that someone else is copying you.

You’ll need a good amount of proof for this to work, and even the right connections. There are also several ways to go about this.

File a Report

The most common way to claim your username from another account is to file a report directly to Instagram. Navigate through the help center and explain to Instagram why you deserve that username. There’s one thing to note: this doesn’t always work.

For one, you might not even get a reply from Instagram. Many users have taken this route and were simply ignored. Another issue is that if the account with your username is active, it will be much harder to claim their username.

You have a better chance of claiming a username from an inactive account (that is, 1 1/2 years of inactivity).

Join a Support Panel

A better alternative to claiming your username is to use what’s called a “support panel”.

Instagram typically offers these panels to large brands that spent lots of money on advertising. These panels are on an invite-only basis, and getting into one can be tricky. There are different levels of support panels, and each level comes with a unique set of benefits. The highest level of panels offers benefits such as requesting verification badges and, you guessed it, claiming usernames.

When a large company, celebrity, or even a new movie/series creates an Instagram account, you may notice that they always seem to get their perfect username. This is due to the support panels and the exclusive benefits that they offer.

If you can join a support panel, you can use its benefits to claim your username.

Request Help From Someone in a Support Panel

Not all Instagram accounts ever get the opportunity to join a support panel. If your account is for a small business, then chances are you were never invited to a panel.

Yet, it’s good to keep in mind that these support panels can significantly increase your chances of claiming your desired username. If you don’t have access to a support panel, try to connect with someone who does. Then, see if they can submit an application on your behalf to Instagram for the username. Some people/companies will do this for a fee, so prepare to pay for your desired username.

And remember, it’s still not a 100% guarantee that Instagram will accept the application. Should you hire someone to claim a username for you, they may ask you for your trademark to submit with the application.

With a support panel, however, adding a trademark may not be necessary for claiming a username, but it doesn’t hurt to submit it, anyway. Once Instagram receives your application, the claiming process can take several days.

Claiming a Username on an Active Account

Let’s say you want to claim a username from an account, but that account has been active for the last 1 1/2 years. It may be difficult, but you can still claim that username. Your best option here is to try a support panel.

Yet, keep in mind that the username is technically not claimable since it’s associated with an active account. You could still file a report with Instagram without a support panel. Yet, the chances of you receiving a reply from Instagram are low. Your final option would be to message the account with your desired username and ask them to give it to you. Avoid sending any money, as there are many scams associated with this route. Nothing stops the person from taking your money and never replying to you again.

They also have no obligation to send you the username simply because you sent them some money. Instead, be polite and hope that they are willing to part with the username.

Things To Note

As mentioned, a username becomes easier to claim if the account associated with it has been inactive for at least 1 1/2 years. Unless you are a part of the highest level of support panels, the username you desire must be 6 characters long or more.

Instagram sets this rule in place as they believe any usernames shorter than 6 characters are too generic. These short, generic usernames can sell for thousands, possibly hundreds of thousands, of dollars on the market, and Instagram is well aware of this. Without the best support panels, you may need to spend at least $100,000 for one of these short usernames.

On top of this, you may also need a trademark, a website, lots of content on your account, and lots of followers to receive a generic username. Simply put, Instagram makes it very difficult to claim a short username.

These are the steps you can take to claim a username via trademark infringement. It’s not an easy process, and many of the routes take a bit of luck on your side. If you still feel out of options, consider hiring an agency to take care of the process.