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.

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! 

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!

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.

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.

As a business owner, inventor, or creative thinker, coming up with unique, new, and innovative ideas is what you’re best at. But despite the individuality that comes with creating new concepts, it’s easy to have them stolen in today’s consumer culture. The old saying, “copying is the oldest form of flattery,” isn’t as true today as it was in the past. 

 

Stealing an idea and profiting from it as if it was your own has always been frowned upon, but being copied in 2023 could significantly impact your business – or land you in a lengthy legal battle. While the Martin IP Law  Group team can help if this happens, we’d rather help ensure that your ideas, or intellectual property (IP), are protected from the beginning.                                                                                            

 

Let’s start by defining what IP is. The World Intellectual Property Organization defines intellectual property as “creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names, and images used in commerce.” These are all intangible assets, which carry the same weight as tangible assets. 

 

What are the different types of intellectual property protection? 

Intellectual property laws give you exclusive rights to your property and allow you to sell it to the public and profit from it. However, there are different types of IP protection. 

  • Copyright: Copyrights protect literary or artistic creations like books, films (i.e., movies, documentaries), software, or music. It prevents other business owners from distributing, reproducing, or using the work in other ways without permission. For example, an author would copyright a series of books to stop other writers from copying their ideas. 
  • Trademark: A trademark is a unique word, phrase, design, or symbol distinguishing a business’s products or services. Other businesses cannot create a similar or identical material with this protection. Brands like Apple or Burger King are examples of trademarks. 
  • Patent: Patents are government-granted exclusive rights protecting inventions or discoveries. The patent owner is the only one allowed to produce, use, or sell it. Some of the most well-known patents are items you use every day, such as the telephone (Alexander Graham Bell) and the lightbulb (Thomas Edison). 
  • Trade Secrets: Unlike the other types of IP protection, trade secrets are confidential pieces of information vital to the operation of a business. Examples are manufacturing processes, customer lists, or marketing strategies. When this information is classified as a trade secret, it prohibits public disclosure or competitor use. Famous trade secrets include the Coca-Cola recipe or the KFC Original Recipe. 

 

How do you start protecting your intellectual property? 

IP laws help maintain a balance between creativity and providing incentives for individuals and organizations like you to invest their time, resources, and talents into producing groundbreaking ideas and original products. At Martin IP Law Group, we work with entrepreneurs to protect their information, propelling your business toward success. From the application process to celebrating the finalization of IP rights, our legal experts are with you every step of the way. Contact us today to schedule a consultation. 

The United States Patent and Trademark Office (USPTO) released new updates about the patenting process! Here’s everything you need to know about the changes. 

 

As a new patent holder, one of the things you might look forward to the most is receiving your certified patent grant. With its gold seal and official display, it gives you something to show for your accomplishment. However, as of 2023, these certificates will no longer be sent to patentees – or, at least not for free. 

 

So how does this benefit you? 

 

Although you now have to pay more for a physical paper certificate, it does reduce the time it takes between when the issue fee is paid and the issuance of the patent. In addition to that, if you’re a client of Martin IP Law Group, you’ll get your certificate AND a plaque with a copy of your patent on it. We know how important it is to commemorate your accomplishment, and we want to celebrate with you! 

 

The USPTO is also reducing rates for micro and small entities, saving you money and making it easier for small and local businesses to obtain a patent. Instead of a 50% and 75% reduction, you can receive 60% or 80% off the total cost.  

 

Both updates went into effect after April 2023. 

 

Want to stay in the know about future USPTO updates and other legal news? Follow us on LinkedIn, Instagram, or Facebook to keep up with everything intellectual property-related!

As you may have heard, the United States Patent and Trademark Office (USPTO) recently announced the new “First-Time Filer Expedited Examination Pilot Program.” In years past, this expedited process would cost several thousand dollars, but it’s currently being offered for no additional charge. Inventors must typically wait over 20 months for an examiner to review the application and return a written notice of findings. With this pilot program, that time is reduced to less than two months in most cases! The pilot program does have some rules and guidelines you need to know before filing.

First, let’s go over the patent basics. Starting with, who can apply? You, your legal representative, or you and a joint inventor, with the exception of the death of an inventor, the inventor refusing to apply, or the inventor cannot be found. Your invention must also oblige with these four conditions. The invention has the ability to be used, a clear description of how to make and use the invention, the invention is new and not something that has been done before, and the invention is new and not a change to something that has already been invented.

Congratulations, you’ve met all the basic patent requirements! Now, can you file in the USPTO First-Time Filer Expedited Examination Pilot Program? First, you must be a first-time filer; your name cannot be on other nonprovisional applications. The applicant and/or joint inventors must qualify under the gross income basis requirement for micro entity status. Inventors must understand the basics of the patent application process. The pilot program is not open to those continuing applications, applications claiming a right of foreign policy, and those entering the national stage under the Patent Cooperation Treaty.

Lastly, let’s go over the basics for the application to the USPTO First-Time Filer Expedited Examination Pilot Program. Your application must include a specification of the invention, drawings if necessary, at least one claim, an oath or declaration in compliance with 37 CFR 1.63 for each named inventor, and payment of all appropriate fees prior to or concurrently with filing the petition.

Remember, this opportunity lasts until there are 1,000 applicants or March 11, 2025. If you’re interested in this opportunity to bring your invention’s impact to life much quicker than typically expected, contact our team to set up a consultation! The Martin IP Law team has helped successfully register hundreds of patents for our clients.

On January 30, 2023, former President Donald J. Trump filed a lawsuit against author Bob Woodward, and publishers Simon & Schuster and Paramount Global alleging that their release of transcripts from Woodward’s interviews with Trump between December 2019 and August 2020 in the form of audiobooks and CDs entitled “The Trump Tapes” which was released in October 2022. In his complaint, Trump contends that he was only agreeing to be recorded for the sole purpose of Woodward being able to write a single book – “Rage”, which was published in September 2021, and seeking a declaration from the Court that he, not Woodward and the publishers, is the owner of copyright for the interview sound recordings.

Are Recorded Interviews Protectable under U.S. Copyright Law?

The Copyright Act of 1976 protects “original works of authorship fixed in any tangible medium of expression.” Accordingly, an interview is protected by copyright only if it satisfies the “originality” and “fixation” requirements of U.S. copyright law. The originality requirement is seldom an issue for an interview, and, in the case of Woodward’s interviews with Trump, the requirement is almost certainly satisfied. The fixation requirement is met so long as the copy “sufficiently permanent” to allow it to be perceived, reproduced, or communicated. An audio recording, which is at issue here, provides a verbatim account of the interview and certainly satisfies the fixation requirement. Other, less precise methods of recording, such as shorthand or note taking, could present issues with the fixation requirement.

Copyright law also requires that the work be made “under the authority of the author” for protection to exist. In the interview scenario, that requires that the interviewee actually consented to the interview and to it being recorded. Trump does not allege that the interview was conducted without his consent, so this element would appear to be satisfied as well.

Thus, the recorded interviews between Woodward and Trump appear to be protectable under U.S. Copyright Law. They are original, fixed, and were conducted with the consent of the interviewee, Mr. Trump,

Who Owns the Copyright to the Recorded Interviews?

Now that we have established that the recorded Woodward/Trump interview qualifies for federal copyright protection, who owns the copyright to that interview? Woodward? Trump? Simon & Schuster?  Under federal copyright law, absent a written agreement stating otherwise, the author is the owner of a copyright. But in an interview, who is the “author”? Is it Woodward, the interviewer–the person who ultimately controled the questions asked and the format of the interview? Or is it Trump, the interviewee–the person whose words and ideas are expressed throughout the interview? As you might expect, the law is not crystal clear on that issue and there are several possible answers.

One line of cases decided by Federal Courts between 1966 and 2000 would find in favor of Woodward, holding that the interviewer was the copyright owner of an interview. Those Courts reasoned that, although the interviewer might not be the copyright owner of the interviewee’s quotations, the interviewer would be the copyright owner of the compilation that includes the interviewee’s quotations and the interviewer’s questions, comments, and paraphrasing. One of these decisions also stated that the interviewee’s responses during the interview were not protectable “expressions” under copyright law but were merely “ideas” that not protected under copyright law. If the Court in the case recently filed by Trump follows this reasoning, copyright ownership to the interview lies with Woodward and the publishers and not with Trump.

Other Federal Court cases have granted the interviewee copyright ownership for his/her words. In cases where the parties have agreed in writing that the interviewee will be the copyright owner, this will always be the case. However, there is no mention in Trump’s complaint of a written agreement to that affect, so we have to dig a little deeper. Another instance where an interviewee may be recognized as the copyright owner of an interview is when the interviewer violates the interviewee’s right of publicity. It appears Trump may be playing that card since, in his complaint, he claims that “President Trump’s voice is one of the most recognizable voices in the world and hearing his words from his mouth or as directly articulated by him, is much more valuable and marketable than Woodward’s interpretation of the interviews in Rage.”

Something known as the “dual approach”, where the interview is treated as two distinct and separate works: format, organization, questions, comments and paraphrasing of responses owned by the interviewer and verbatim quotes in answers owned by the interviewee, is another possibility. While some legal scholars and the U.S. Copyright Office are supportive of this approach, it does not appear to have been adopted by any federal court in a binding decision to date

One last scenario would be to treat the interview as a single work where the interviewer and interviewee collaborated as joint authors. If that were the case, both Woodward as the interviewer and Trump as the interviewee would own an undivided interest in the entire interview. This would allow them to either make joint decisions regarding exclusive use of the work, or would allow either of them individually to exercise non-exclusive control over the work without obtaining permission from the other owner as long as an accounting is provided to that other owner. While Trump specifically denies that it was his intent to create a joint work, he does include a claim for an accounting should the court adopt this approach. Again, like the dual approach, there do not appear to be any binding federal court decisions adopting this approach at this time.

 

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! 

 

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