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Understanding the Spectrum of Trademark Strength

When it comes to securing a trademark in the United States, not all marks are created equal. As an intellectual property attorney with years of experience navigating the complexities of trademark law, I’ve witnessed firsthand the critical role that the inherent strength of a trademark plays in its registrability and defense. Trademarks are generally categorized along a spectrum of strength, ranging from generic to fanciful. Each category bears its own set of challenges and advantages in the realm of trademark protection.

1. Generic Trademarks

At the lowest end of the trademark strength spectrum are generic terms. These are common words or phrases used to describe a product or service (e.g., “Bicycle” for bicycles). Generic terms are inherently incapable of functioning as trademarks because they fail to identify the source of a product or service. Simply put, you cannot monopolize common language that everyone needs to describe an offering. Thus, generic terms are not registrable as trademarks.

2. Descriptive Trademarks

Moving one step up the spectrum, we find descriptive trademarks. These directly describe a characteristic or quality of the product or service (e.g., “Cold and Creamy” for ice cream). Descriptive marks are not initially registrable unless they have acquired distinctiveness through extensive use in commerce. This acquired distinctiveness is also known as “secondary meaning.” For example, “American Airlines” has become distinctive over time through prolonged and substantial use in the market. Obtaining trademark protection for a descriptive mark can be a challenging process, requiring substantial proof of this secondary meaning.

3. Suggestive Trademarks

Suggestive trademarks hint at the nature or quality of the goods or services without directly describing them, requiring some imagination on the part of the consumer (e.g., “Netflix” for streaming services). These marks are inherently distinctive and are thus easier to register than descriptive marks. Suggestive trademarks are strong because they are memorable and still inform the consumer about the nature of the product or service in a non-direct way.

4. Arbitrary Trademarks

Arbitrary trademarks consist of words or images that are in common linguistic use but do not have any inherent connection to the product or service they mark (e.g., “Apple” for computers). Since these terms are common words that are repurposed in a way unrelated to their typical meaning, they are considered strong marks. Arbitrary marks are immediately protectable and are favored in registrations because they naturally serve to identify the unique source of products or services.

5. Fanciful Trademarks

At the pinnacle of trademark strength are fanciful marks. These are invented words that have no dictionary or conventional meaning prior to their use as trademarks (e.g., “Kodak” for cameras). Fanciful marks are the easiest to register and protect because of their inherent uniqueness and distinctiveness. Being completely made-up, they are highly effective at brand identification and are afforded the widest scope of protection under U.S. trademark law.

Conclusion

The journey to trademark registration varies significantly based on the type of mark you choose. Entrepreneurs and businesses should aim for at least suggestive trademarks, if not arbitrary or fanciful, to maximize their trademark protection opportunities. As an intellectual property attorney, I advise clients to consider the inherent strength of a potential trademark from the very beginning of the brand development process. Making the right choice early on can enhance your brand’s protection and prevent costly legal battles over trademark rights.

By understanding the different types of trademarks and their respective strengths, businesses can more effectively navigate the complexities of trademark registration and enforcement. Whether you’re just starting out or looking to expand, always consider how your trademark stacks up against the spectrum of strength.

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Heritage Federal Credit Union’s Rebrand and Trademark Protection

The past year marked a significant milestone for Heritage Federal Credit Union as they breathed new life into their brand! Seeking more than a simple brand refresh, the organization also decided to safeguard every facet of its brand with precision and purpose, collaborating closely with Martin IP Law Group.

Reflecting on the collaboration, Sami Etienne, Marketing Director for Heritage Federal, emphasized the significance of safeguarding brand assets. “It had been ten years since we last changed our logo,” said Sami. “We knew we wanted to modernize while keeping our heritage. Some of our top priorities were freshening up our brand colors, designing a new logo, updating our mission-vision-values statements, signage, and our website. Along with reaching a younger audience and working with local vendors, it was important to us to make sure our new branding was adequately protected for longevity and consistency. [Rick] explained all of our options, and the way he presented them to us was so easy to understand. It was a great experience.”

Like Sami stated, reasons for protecting your brand assets go far beyond infringement prevention. Here are three additional reasons why protecting your brand assets is crucial:

  1. Maintaining Brand Identity and Consistency: Brand consistency is essential for building trust and recognition among consumers. By protecting your brand assets, you ensure they are used consistently across all channels and platforms. Consistency fosters a cohesive brand identity, reinforcing your key messaging and values in the minds of your customers and clients. 
  2. Preserving Brand Reputation: Brand reputation can have good and bad consequences that affect customer loyalty and overall business success. Protecting your brand assets helps prevent unauthorized use or misuse that could degrade brand reputation or lead to associations with undesirable qualities.
  3. Enhancing Brand Value and Equity: Brand value and equity are intangible assets that contribute significantly to a company’s overall worth. A strong brand fosters customer loyalty and opens doors to new business opportunities. By safeguarding your brand assets through trademarks, copyrights, and other legal protections, you enhance the perceived value and equity of your brand, making it more attractive to customers, investors, and partners.

The teamwork between Heritage Federal Credit Union and Martin IP Law Group shows how combining legal know-how with creative planning can guide a successful rebranding effort. “This was my first time going through a full trademark process, and I feel like I’m spoiled now because Rick and his team made the process super simple,” Sami continued. “This project truly was a local team effort.”

As Heritage Federal Credit Union moves forward with its fresh look and renewed energy, its partnership with Martin IP Law Group stands out as a shining example of how to protect and grow a brand that makes an impact in the community.

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The Power + Importance of Trade Secrets  

While patents, copyrights, and trademarks are sometimes the most well-known forms of intellectual property, trade secrets often fly under the radar. In general, a trade secret is any kind of information that provides a business with a competitive advantage. These intellectual property rights are pieces of confidential information that can be sold or licensed and can encompass a wide range of information. From recipes and customer lists to marketing plans and pricing strategies, there is an abundance of information that falls under the trade secret category.

 

What qualifies as a trade secret? 

According to the World Intellectual Property Organization, to qualify as a trade secret, the information must reach these requirements: 

  • Commercially valuable, giving a competitive advantage 
  • Be known only to a limited number of individuals 
  • Be subject to reasonable steps taken by the rightful holder of the information 

 

How can a trade secret be protected? 

There are many preventative steps companies can take to protect their trade secrets from theft or misappropriation such as Non-Disclosure Agreements or Non-Compete Agreements. Another commonly implemented strategy is to train employees on the importance of trade secret protection and the consequences of disclosing the protected information.

 

One of the largest trade secrets in the world is the Coca-Cola recipe, made from a secret mixture of the stimulant coca leaf and African kola nuts, which contain caffeine. Don’t worry, the universally-loved soda recipe is still kept safe, although, in 2021, a former Coca-Cola employee was convicted of trade secret theft related to BPA-free coatings that line the soda cans to retain flavor. Dr. Xiaorong You was convicted of selling this Coca-Cola trade secret to the Chinese Government. The Indictment alleged that the trade secret information cost almost $120 million to develop.

 

After uploading multiple trade secret documents to her Google Drive, Dr. You was arrested on February 14, 2019, and her trial began in April 2021. According to prosecutors, Dr. You had plans to share this information with the Chinese government to start her own BPA-free coating firm. The jury convicted Dr. You of possession of stolen trade secrets, economic espionage, and wire fraud. This Coca-Cola chemist and former employee is now facing 14 years in prison for trade secret theft. 

 

What makes trade secrets distinctively important? 

Something unique about trade secrets is their longevity. They have the ability to last as long as they are kept secret! With this, there is no registration process or costs, unlike patents or trademark registration which are time-consuming and sometimes expensive. Trade secrets have the ability to give a competitive advantage, no matter the size of the company. 

 

Trade secrets are a valuable form of intellectual property and have the potential to give companies a significant advantage, and this could apply to your business. By understanding what trade secrets are and how they can be protected, you can ensure that your company remains competitive by safeguarding important information. 

If you have questions regarding trade secrets within your organization, contact Martin IP Law Group. Remember, it’s always best to prevent damage rather than reverse it, so protect your intellectual assets today! Our flat-fee consultation is a great place to start.

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Fractional IP + Startup Counsel | How It Can Benefit Your Business

No matter the size of your business, you deserve the rights to your unique intellectual property. From large-scale manufacturing concepts to small and innovative objects, we believe all ideas are worth protecting. With one of our three fractional counsel plans, we have something for everyone from entry-level to robust guidance. Martin IP Law Group is able to provide your business with timely, on-demand support that allows you to protect, enforce, and maximize the value of your intellectual assets. 

 

What is Fractional Counsel? 

We provide many of the same services as an in-house intellectual property attorney would provide. However, because some businesses’ needs or budgets do not justify hiring an in-house attorney, we offer all of the necessary services part-time at a fraction of the cost. All services are provided for a flat rate, a monthly fee. With one of our three unique fractional counsel plans, you can budget for legal fees with confidence in knowing that the fees will be consistent and regular! 

 

Is it right for your business?

Ask yourself these questions to see if Fractional IP + Startup Counsel is right for your business: 

  1. Is budgeting for legal expenses difficult?
  2. Are your company’s legal needs inconsistent, such that a full-time in-house attorney would be underutilized?
  3. Is the cost of hiring a full-time, in-house attorney beyond your company’s budget?
  4. Is it difficult to get legal advice when you need it?
  5. Would you benefit from proactive advice and legal services?

If the answer to any of these questions was yes, then your business may be a good candidate for fractional IP services. 

 

What are the benefits?

There are ways that fractional IP counsel could benefit your business. Here are some of our favorites: 

  1. Saves you and your business money 
  2. Proactive legal representation 
  3. Consistent and controlled cost 
  4. Free time to focus on the growth of your business
  5. Customized and timely legal services 

 

With expert legal knowledge, industry insights, and a commitment to personalized, on-demand service, Martin IP Law Group is ready to serve your business as a strategic partner in safeguarding your intellectual assets. Contact us today to get started! 

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JC Michaelson – How IP Law Can Help Small Businesses

In 2012, Jill Marshall and April Nelson brought together their years of experience in occupational health and formed JC Michaelson ™ to help employers and employees make better-informed healthcare decisions. The company now provides healthcare education to businesses, fostering skills that create a healthier and more productive work environment. JC Michaelson ™  is a Women-Owned Small Business (WOSB) Federal Contracting Program Member, HubZone-Certified Small Business, and a Certified Women’s Business Enterprise (IN). 

 

In today’s competitive business landscape, intellectual property has become a valuable asset for companies of all sizes. April and Jill knew they wanted their experience to be validated and their small business to be seen as credible in a market dominated by larger consulting firms.

 

For small businesses, harnessing the potential of intellectual property can be a game-changer, helping business owners stand out in their market, collaborate with larger companies, and establish a solid foundation for growth and recognition.

 

Jill and April met Rick Martin at a local networking event and followed up to learn more about the possibilities for protecting their intellectual property. Jill stated, “One thing I learned early on is that when you own a business, you shouldn’t waste time on those who aren’t experts in their field. When we sat down and met with him, we knew right away he was the expert. He and his team know what they are doing and are going to get this done for us so much quicker and better.” 

 

This collaboration led to the trademark of the JC Michaelson name, as well as their Report of Early Discomfort Program (RED)™, a proprietary program used within their consulting. With so much intentionality and effort poured into these entities, Jill stated, 

 

“This is our program. We want to show our clients that we know what we’re doing. Others are doing similar things, but they’re not doing it with the background and experience that we have. This is our brainchild, let’s protect it.” 

 

With their growth and success, it is our honor to be securing trademarks for a small business that is making waves in their industry, especially one that is predominately male-run.  

 

For small businesses, having a solid IP protection strategy is vital to safeguarding names, and patents, and establishing copyright protections, and is necessary for future growth. A robust intellectual property portfolio also enhances the credibility of a small business in the eyes of partners and clients. Likewise, partnerships with larger companies become more appealing when they can demonstrate their ability to protect their intellectual property. 

 

By investing in IP protection, this small business has created a strong foundation for future endeavors, while establishing its position in the market. This also ensures its unique programs and initiatives continue to thrive and impact the industry. And, we’re honored to be a part of helping companies from small to large thrive!

 

If you are ready to protect your intellectual assets and make waves in your industry, reach out to Martin IP Law Group today!

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What’s the deal with the Barbie movie? The Legal Lessons of Blockbuster Hit

In the late 1950s, a new doll was sweeping the nation – Barbie. Trademarked in 1959 by Mattel, the rights to the name “Barbie” extend far beyond dolls. Clothing, car accessories, and other lifestyle items also fall under their intellectual property plan. 

 

The new Barbie movie, directed by Greta Gerwig and starring Margot Robbie and Ryan Gosling as Barbie and Ken, was released across the globe on July 21, 2023. With its $145 million set budget and $150 million marketing budget, it certainly exceeded expectations. The movie had the biggest box office debut of the year and is history’s biggest female solo-directed film. 

 

The World Intellectual Property Organization states the brand has licensing deals with over 100 companies as part of the movie’s marketing plan. However, despite its success, this seemingly innocent movie about the world’s most well-known doll sheds light on the evolution of trademark protection, owner’s exclusive rights, and public expression.   

Territorial Misrepresentations 

You may have heard about Barbie’s legal challenge involving the “nine-dash line,” representing China and Taiwan’s claims of territory in the South China Sea. This illustration is seen on a cartoon-like map shown in the movie’s first half. Vietnam and the Philippines claim this misrepresents how the territories are actually split. 

 

Forbes reports that the leader of the cinema department of the Ministry of Culture, Sports, and Tourism in Vietnam, Vi Kien Thanh, says, “Vietnam’s National Film Evaluation Council has decided the film would not be granted a license over its inclusion of the ‘illegal image.’” 

 

Warner Bros. defends the map, describing it as a “whimsical, child-like crayon drawing” and stating that it represents “Barbie’s make-believe journey from Barbie Land to the real world.” While representatives say it was never meant to cause controversy, they aren’t making any moves to accommodate the alteration requests. 

Music Matters

As a multibillion-dollar industry, Hollywood seems untouchable and far removed from the lives of middle-class working people – so do large toy companies like Mattel, Barbie’s manufacturers. Plus, how does this all fit into intellectual property law? 

 

Two decades ago, “Barbie Girl” was released by Aqua. Not surprisingly, this led to a lawsuit between the Danish band and Mattel over using the popular doll’s name in the lyrics. Since the song was considered a parody, it was protected by the First Amendment. 

 

During the credits, the 2023 movie features a remix of this song, titled “Barbie World (With Aqua)” by Nicki Minaj and Ice Spice. Instead of leading to a lawsuit like its predecessor, Mattel embraced the song without hesitation. 

 

Mattel, Inc. vs. MCA Records, Inc. shows that no one is exempt from trademark infringement, even massive corporations. It also raises questions about parody and brand rights. 

 

Intellectual property laws exist for a reason, to protect ideas central to a business’s brand identity and legacy. Like Barbie, many trademarks and copyrighted materials are household names and deserve to be appropriately preserved – just like small business owners’ and entrepreneurs’ ideas do. 

 

At Martin IP Law, our legal experts work with all types of intellectual property (IP), including trademarks, copyrights, trade secrets, and patents. After you check out the new Barbie movie, schedule a consultation with us today to learn if our services fit your IP needs.

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Twitter Trademark – Is It Legal?

When you see a little blue bird, what’s the first thing that comes to mind? If you’re an active social media user, it’s probably Twitter. Since March of 2006, the distinctive emblem coupled with its bright blue hue, has become widely recognized. 

 

However, Elon Musk, Twitter’s newest owner, has changed its branding – a logo and name that’s stuck with the company for the past 17 years. Now, it’s just X with a white “X” logo inscription on a black background. Musk also altered Twitter.com to X.com. 

 

Before Musk’s ownership, Jack Dorsey, Evan Williams, and Christopher Stone were the company’s co-founders. During this time, the logo was only changed three times. While Dorsey and his colleagues were no strangers to controversy, Musk’s recent rebranding has sparked debate about whether this was a logical choice – and the legality of it. 

 

Trademarking the Alphabet

Because the logo is just the letter “X”, trademarking is tricky. Nondescript marks, which include letters and numbers, are trademarkable but require substantial proof for acceptance. The most important thing to prove is that the mark is distinctive enough from other businesses’ trademarks. The letter or number must give a second meaning (apart from the original) associated with a business or organization. If it’s too general, the chances of acceptance are slim.

 

Potential Complications Ahead 

According to the United States Patent and Trade Office (USPTO), trademarks protect a business’s name, logo, and designs related to its products or services. It also stops other businesses from using your name in any form of fashion. This is where things get tricky.

 

Take McDonalds™, for example. Kantar reports that the fast-food chain is one of the world’s most valuable businesses, coming in 5th place after other large companies like Google and Amazon. Despite its size, the name wouldn’t be protected without a trademark. The company also owns the rights to the golden arches logo and the phrases “Egg McMuffin,” “Happy Meal,” “McNugget,” and more, making these designs and terms off-limits for others in the restaurant industry. 

 

If another business were to market or profit off these terms in any way, they would be committing trademark infringement. According to the USPTO, this is an “unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.” When this happens, the offender can be sued, served a court order to remove anything with the stolen trademark, or other legal consequences. 

 

Our blog about the 2022 Bridgerton trademark and copyright infringement debacle details how this looks in real-time. 

 

Limited Protections, Higher Liability 

In short, Twitter’s trademark is legal, but it’s complicated. Since the “X” design is so simple, it may be hard to distinguish it from other businesses’ use of the same branding. This limits the amount of protection Twitter has over its new name and logo, narrowing opportunities for future use. 

 

It’s going up against other tech giants like Microsoft and Meta (formerly Facebook) – plus the thousands of other, smaller businesses that have already trademarked some form of the letter X. Currently, this number is estimated to be almost 900. Because of these numbers, the company will likely experience challenges with its trademark. 

 

Either way, trademarks this broad open the door to potential legal action from other businesses. And because Twitter’s biggest competitors are already using similar branding, although, for lesser-known branding projects, the consequences of this latest rebranding might come more quickly than expected.  

 

Trademark Specialists at Martin IP Law Group 

While we don’t know the future of Twitter and its rebranding, we do know we can help you with your trademark ideas. If you’re looking to gain exclusive rights to your brand’s logo, designs, and more, the Martin IP Law Group is ready to get you started.

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FIVE TIPS TO CREATE A GREAT LOGO FOR YOUR BUSINESS 

Your logo is the thing that oftentimes people first see about your company. It’s their first impression, so you want to make it a good one. If you look at companies like Apple, like McDonald’s, they have very recognizable logos that you’ve seen, and you associate with their product or their service. That’s what you want to design – something that’s memorable, something that’s lasting and makes a good impression. Apple’s trademark portfolio is reported to be worth nearly a trillion dollars as of 2022. Your branding and your logo are important to your company, and you want to take the time to do it right. Below are 5 tips and tricks to ensure that your logo is not only great for you and your business, but also protectable.  

 

TIP #1: ESTABLISH A BUDGET 

If you’ve looked online for someone to design a logo for your business, you’ve most likely seen prices ranging anywhere from $25 to $2,500. With logo designers, like attorneys and other businesses, oftentimes you get what you pay for. The ones on the lower end of that price range often times cut corners. They may not provide actual professional design work. Instead, they may just take some clipart from here and clip art from there, put some (very little sometimes) thought into it, and design your logo based on some things that are already publicly available. We’ve seen that happen here at Martin IP law group. Clients have come to us seeking protection for logos they paid someone to design, only to find out that the designer they hired to design their logo, took images from publicly available sites like iStockphoto and used that in their logo. The problem is, there’s no originality there, there’s nothing really that you can protect. And there’s nothing to differentiate you from other people because that mark and that that image is publicly available. Companies like iStockphoto have specific disclaimers on their site, saying that you cannot use these images as part of your logo, so you certainly cannot register them. If you hire a qualified designer, they’re going to know better, they’re going to design something on their own, and they certainly won’t take it from someone else.  

  

TIP #2: ESTABLISH A TIMELINE 

Designing a really good logo isn’t something that happens overnight. A claim to be able to give you a logo, at least one worth having, in 48 hours is not realistic. The designer needs to get to know you, and your business. They need to get to know your culture, so that they can design a logo that fits you and your business. So spend the time to sit down with a qualified designer and make that happen. We’re talking weeks or months, not just days or hours. So make sure you do it right.  

  

TIP #3: CHECK OUT THE DESIGNER’S PORTFOLIO 

Most graphic artists and logo designers are going to have a portfolio publicly or privately available where they can show you other work that they’ve done – other logos they created. Make sure to take a look and get a feel for what their style and effect is, and see if that matches your style.  

  

TIP #4: CHECK OUT THE REVIEWS 

Everybody has online reviews these days. That’s a good way to find out who they’ve worked for before and what these prior clients have to say about the process and working with that designer. 

  

TIP #5: MAKE SURE YOU OWN THE IP! 

Finally, you want to make sure that you own the intellectual property that’s created as part of this process. Make sure to document who owns the trademark and copyright for the logo, and get it in writing! It may be part of the designer’s standard contract language or something you put together that acknowledges that you own the IP, not the designer. Either way, make sure it gets put down in writing somewhere.  

A lot of people go online to have their logo designed, through sites like Upwork, or Fiver, or other common sites where you can go and you can contract somebody to design your logo. If you go to either Fiver or Upwork’s website, their Terms of Service, specifically state that it’s up to the agreement between the two parties – the designer and the purchaser (you) – to determine who owns the intellectual property. It also goes on to specifically say that the designer shall transfer or assign those rights to the purchaser, but ultimately there still needs to be a written agreement.  

Typically, when you pay someone else to design a logo for you, it will be considered a work for hire which you, not the designer, would own. But in that small fraction of cases where there is a dispute as to who owns it, having a written agreement will save you a lot of headaches, and money too!  

 

We have put together a handy checklist for you to use to ensure that you have not missed anything is designing your logo the right way. If you have any further questions about designing your logo, or protecting those rights, contact us here. We’d be happy to help! 

 

WORKING WITH FREELANCE LOGO DESIGNERS: A CHECKLIST

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Fractional IP Counsel – Is it right for your business?

Fortune 500 companies like Apple, Microsoft, and Google have teams of in-house intellectual property attorneys who constantly monitor and advise the company on how to identify and protect their ideas, inventions, and identity. The intellectual property of a small or medium sized business can be even more valuable to that company, but may not be extensive enough to justify a full-time, in-house intellectual property attorney on staff. Under our Fractional IP Counsel plans, your small to medium sized business will get the same or similar services as the Fortune 500 companies, albeit to a lesser extent based on your company’s needs, but for a fraction of the cost.

Intellectual Property is a huge asset that is often overlooked. It’s a big part of a lot of businesses, whether it be trademarks, patents, copyrights, or trade secrets. Whether you are a startup, small or medium sized business, or even a large business with an in-house general counsel who does not have expertise in IP law, your business would benefit greatly from one of our fractional IP counsel plans that can be tailored to your specialized needs.

Our Team works with you to provide proactive legal representation

One of the best benefits of hiring fractional counsel is that you are taking a proactive approach to risk management rather than a reactive approach. Instead of reacting to legal problems, you are working with an IP attorney and staff to prevent or mitigate future liability. Regardless of the size of the company, a reactive approach to dealing with legal matters increases the risk of future liability. A proactive approach can reduce the time and cost of dealing with legal matters.

Through our fractional counsel plans, we learn about your business, your goals, and your team to help you grow your company and develop legal strategies and plans that work for your company. Your fractional legal counsel is available to address your legal needs when you need a lawyer, not when a law firm can return your call. Our plans are customizable, so if your needs change, we can adjust the plan to grow with you.

Consistent and controlled cost for legal services

Our fractional counsel plans provide all of the legal services that your company needs for a set monthly fee. This allows small and medium sized companies to have the immediate access to legal counsel that has historically only been available to large companies with in-house attorneys. And by having a set monthly fee, your company has greater control over legal expenses and can budget for legal expenses much more effectively.

Free up your time to grow your business and save money on legal fees

Because our fractional counsel plans are proactive, legal emergencies rarely happen. When they do, you can rest assured that we will be there to handle them so you can continue to do what’s important – run and grow your business! Because the attorney is a part-time contractor, you control how much money you spend for ongoing legal services and what legal services are included in the contract.

Hiring a full-time in-house attorney with salary and benefits is cost prohibitive to many smaller companies. Hourly rates at law firms with attorneys experienced in handling complex intellectual property transactions can exceed $500 per hour. Hiring a part-time attorney with a flat-rate fee is less expensive than either option. And because we are contractors, not employees, you don’t incur the costs in providing comprehensive benefits.

Use Fractional IP Counsel to avoid the five most common mistakes businesses make in protecting their IP

Companies utilzing the traditional approach to hiring an outside IP attorney may ultimately obtain patents, trademarks or copyrights to protect their assets, but they are leaving a lot on the table in additional assets that could and should be protected. Issues concerning proper ownership and the best form of IP protection are often overlooked. Thinking global and monitoring competitors’ IP positions and portfolios are not often considered in the traditional approach. If you want to avoid the five most common ways in which companies fail to adequately protect their intellectual property, click here to download a copy of our FREE REPORT.

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WORKING WITH FREELANCE LOGO DESIGNERS: A CHECKLIST

• According to U.S. Copyright Law, the freelancer initially owns the copyright to the work (logo) that was created for you.

• Ownership of the copyright does not automatically transfer to you just because you paid the freelancer to design the logo.

• If you hired the freelancer through an online platform such as Fiverr or Upwork, check the platform’s terms and conditions to see if it addresses who owns the copyright to the logo.

• Even if the platform’s terms and conditions state that you own the copyright in the work, at a minimum, get confirmation of this in writing (i.e. email) from the freelancer. Best practice is to include a clause to transfer ownership of the work product and copyright to you in a written agreement signed by you and the freelancer.

• If the platform’s terms and conditions don’t specifically state that you own the copyright, or state that copyright ownership is governed by agreement between the customer and freelancer, be sure to enter into a written service contract with the freelancer which includes a clause to transfer ownership of the work product and copyright to you.

• If you have questions or are uncertain as to issues of copyright ownership, contact an attorney that specializes in representing clients in intellectual property matters, including copyright law.

 

Post is for educational purposes only. If you are seeking legal advice, call or email us to set up a consultation today:
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