Who owns a logo?

Copyright law provides that the designer of the logo is the first owner, unless it's made by an employee in the course of their employment, in which case the copyright will be owned by the employer. If you employ a designer who creates your new logo, you will own the copyright in it.

How do I take ownership of a logo?

How to Trademark a Logo. A unique logo can be trademarked by registering it with the USPTO. Anyone can apply online on the USPTO website if the business for which they're authorized to file is principally located inside the U.S. If based outside the U.S., a patent attorney will be required to make the filing.

Is a logo automatically copyrighted?

Is a logo subject to copyright? Yes. A logo that includes artistic or design elements, (i.e. not just the name on its own), is legally regarded as being a work of artistic creation and therefore will be protected under copyright law. Copyright protects the logo as an artistic work.

Do I own my company logo?

By common law, a logo is trademarked as soon as it's used in commerce. But, according to LegalZoom, this may only protect you in your immediate locale. State registration will provide additional protection, and it's relatively simple and inexpensive. Federal logo trademark registration is a bit more of a process.

Do I own the rights to my design?

The person who creates the artwork is automatically considered as the “author” and is the owner of the copyright as stated under the law. In the “work made for hire” situation, you, as the client, get to own the copyright of the work a graphic designer creates within the scope of his full-time employment.

Who owns the copyright to a logo design, the designer or the client?

Do I own the logo if I pay someone to design it?

Copyright law provides that the designer of the logo is the first owner, unless it's made by an employee in the course of their employment, in which case the copyright will be owned by the employer. If you employ a designer who creates your new logo, you will own the copyright in it.

Can you get royalties from a logo?

Often designers have royalties in mind as they refuse to share their own logo. They want to raise revenue as royalties any time a logo is featured on a variety of marketing channels. For eg, if a logo is featured on a brochure design, the artist would want a royalty. This gives them a steady stream of revenue.

How do I legally protect my logo?

Trademark it. Trademarks protect words, names, symbols, sounds, and colors and distinguish one company's goods and products from another. Trademarking a logo not only protects it from being used by other similar companies, but it also protects a company from unknowingly infringing upon an existing logo.

Do logos have LLC in it?

No, you do not have to put LLC in your logo or in any of your marketing materials. There is no legal or regulatory requirement to put “LLC” in your logo. Putting “LLC” in your logo does not provide any additional legal protection for your business.

Can I use a logo if I don't sell it?

Using a registered trademark without permission from the owner can lead to a trademark infringement lawsuit. However, a trademark registration does not always protect all uses of a trademark. There are some situations where even registered trademarks can be used without asking permission.

Is it better to copyright or trademark a logo?

Since trademarks are used to identify a company or brand, it makes the most sense to file for trademark protection on the brand name, logo or image. By doing this, you can keep other people from using your logo, or one that is confusingly similar, to sell the same or similar things that you are selling.

Should I trademark my logo or name?

Which One Should I Trademark? It depends. Higher value tends to lie in name recognition rather than familiarity of a logo. Since logos change more often than names, it usually makes more sense to register a standard character mark to protect the business moniker itself.

Can someone steal my logo if it's not trademarked?

Whether or not legal action is taken for replicating a trademarked logo is fully up to the company or entity that owns the trademark. A company still has legal rights to their logo even if it's not trademarked. So, don't steal it because it's not trademarked.

Can you sue someone over a logo?

United States law allows the holders of federally registered trademarks to sue others who use those marks without permission, when the use in question causes a “likelihood of confusion” to actual or potential customers.

How do I sue someone for using my logo?

The first step is to contact an attorney specializing in trademark law. He or she will help you through the next steps: Trademark issues typically begin by sending a cease-and-desist letter to the infringing business and demanding that they stop using your mark.

Can you sell a logo you bought?

Related. The only way to legally sell items with a trademark that you do not own is to obtain a license from the trademark owner. Trademarks are valuable property rights and are vigorously protected by their owners in most cases -- even against a small, localized business.

Does an LLC protect your logo?

An LLC alone won't protect your brand name or logo. For that, you'll need to register a trademark. Conversely, it is also essential to protect your personal assets. A trademark alone can't protect your assets from legal liability.

Do logos become public domain?

As a result, even some well-known images such as the New Orleans Saints' logo (right) are not subject to copyright protection. These types of simple logos are considered "public domain," meaning that anyone can use them – although the way that people can use a public domain logo would still be limited by trademark law.

What are logos registered with?

Logos are protected with a trademark, not a copyright. The process to apply for trademark registration has several steps. Find out how to get started applying for trademark protection, how much it costs, how long it takes, and more.

How do I stop people from stealing my logo?

If you want to protect your brand identity you have to register a trademark for your company name, logos, and slogans. By using the trademark symbol, you notify other people that products they use are your property.

Do you have to legalize a logo?

In the U.S., you don't need to register a trademark or copyright your company's logo. Once you put down the original work on paper or digital media and use it to market your business, you automatically own the rights. However, registering a trademark affords you an extra layer of protection.

How do I stop my logo from being stolen?

One of the best ways to protect your intellectual property is to register a trademark for your brand name, logo, designs, slogans, and any words associated with your brand. Obtaining a registered trademark for your brand's IP will allow you to use the registered trademark symbol "®" in conjunction with these assets.

How much is the rights to a logo?

You can register a trademark with your state for $50-$150, but federal registration offers a great deal more legal protection. The USPTO offers four different forms, each with different pricing. If you file online using the Trademark Electronic Application System (TEAS), you can choose from three options.

Why is logo ownership important?

But that said, your logo is important to your business because it communicates ownership, quality, and values. It's imprinted on your products, your business card, website, social media, and most importantly, in the minds of your clients.

Who owns the rights to a design?

Copyright law assigns ownership of a piece of work to the person who actually created the work. That means it automatically belongs to the designer. Any change to that ownership depends on the terms set out in your contract.