Do I Need an Agreement with My Logo Designer?
So you had someone design a logo for you.
You paid them.
But do you actually own it?
If you found this video useful, subscribe to our YouTube channel. We post new content all the time!
If you have a brand you want to protect, let's get on a quick call to discuss your trademarking strategy.
And the answer to that is yes.
Even if you got your logo done on Fiverr or any of those logo-design web-sites. You want to make sure that you have something to confirm that you own the image that youâ€™re going to use as your logo. And that is very important. Just because you paid somebody to create something for you, to paint that image or design the logo. doesnâ€™t mean that you own the copyright and other intellectual property in that image.
So what that means is that - yes, you paid for it. You have an implied license to use it. But that means that the ownership of that intellectual property still remains with a person who designed it. And they can sell it to your competitor, they can sell it to many of your competitors, or they can use it themselves the way they want to.
So, in order for you to get a monopoly on that image, you have to have it in writing. And by the way, your agreement should specifically say that they allow you to register that logo as your trademark.
I have published a template, a one-pager that helps you get a proper agreement with a designer who already did the work, you paid them, but you didnâ€™t document it properly.
So it's a one-pager and if you go to nicecontracts.com It is the first agreement over there and itâ€™s called After-the-Fact Copyright Assignment.
It is a fraction of what I charge to create a customized agreement, but that one I used myself in my own business many times. You just print it off, you explain, you fill out the partiesâ€™ names, you describe what content is being assigned over to you and there you go.
The other agreement on the same page is called Content Creation Agreement. It is something that you use in advance of somebody creating something for you. And thatâ€™s the better option, itâ€™s a more sophisticated agreement that covers a lot more things. It is longer. And the idea behind it is very simple. You wonâ€™t convince somebody who already did the work for you to sign a long agreement. Theyâ€™re just not going to do it. But itâ€™s easy enough usually to get them to sign a one-pager.
With somebody who is just about to do something for you, before the money changes hands, you can get them to sign pretty much anything. So thatâ€™s the second agreement that you may want to use. It is called Content Creation Agreement.
Again, go to nicecontracts.com and get your contract over there. Because it is very important.
If you brand becomes a huge, massive value, you want to make sure that you have everything documented properly. And it is not enough for you to file the trademark application, because if your trademark application is based on an image that somebody else has rights to, technically, they can go after you and invalidate your trademark application or trademark registration.
So you have to be very careful!
Disclaimer: Please note that this post and this video are not and are not intended as legal advice. Your situation may be different from the facts assumed in this post or video. Your reading this post or watching this video does not create a lawyer-client relationship between you and Trademark Factory International Inc., and you should not rely on this post or this video as the only source of information to make important decisions about your intellectual property.
See our answers to other frequently asked questions about trademarks or leave your comments below!
comments powered by Disqus
- Does My Trademark Need to Match My Company Name? ()
- What Is a Trademark? ()
- Can I Add More Products and Services to My Trademark Application After It Has Been Filed? ()
- Where Should I Register My Trademarks? (Deciding on Jurisdictions in Which to File Trademarks) ()
- What Is Conventional Priority? ()
- Can I Change the Trademark Itself After My Trademark Application has been Filed? ()
- How Long Does It Take to Register a Trademark? ()
- Can I Trademark Dictionary Words? ()
- Can I Trademark the Same Brand for Different Products or Services? ()
- Do All Countries Protect Unregistered Trademarks? (Common-Law Trademarks) ()
- Can I Trademark a Brand Before It Is Launched? (Intent-to-Use Trademarks) ()
- Is My Trademark Available? ()
- Should I Trademark My Startup's Brand? ()
- In Whose Name Should I Apply For My Trademark? ()
- Will the Trademarks Office Help Me Enforce My Trademarks? ()
- Should I Trademark a Logo Done On Fiverr? ()
- How Much Does It Cost to Register a Trademark? ()
- Should I Trademark My #Hashtags? ()
- Are There Annual Trademark Maintenance Fees? ()
- If I Register My Trademark, Does It Mean No One Can Use It? ()
- Four Things Most Commonly Trademarked (The Trademark Dance) ()
- How Does Trademark Factory's Guarantee Work? ()
- What Are Nice Classes of Goods and Services ()
- Do I Have to Be an American Resident to File in the U.S.? ()
- How Are Service Marks Different From Trademarks? ()
- What Are Oppositions? ()
- 3 Most Important Benefits of Registering Trademarks ()
- Why Register a Trademark in Canada to Get a .CA Domain Name? ()
- What is Post-Allowance Statement / Declaration of Use? ()
- Am I Protected Between the Filing and the Registration of My Trademark? ()
- What Is Post-Registration Statement of Use? ()
- How to Use Trademarks to Create a Sense of Uniqueness for Your Business? ()
- What Goes Into a Trademark Application? ()
- What Happens If You Don't Respond to Correspondence from Trademarks Office in Time? ()
- What Makes a Brand Valuable? ()
- Is Registering a .COM Domain Name Enough to Secure Trademark Rights? ()
- Why Is It Important to Preserve Evidence of Use of My Trademarks? ()
- Andrei Mincov's story ()
- What is Madrid Protocol? ()
- Trademark Factory Ultimate package ()
- What Are Official Marks in Canada? ()
- Trademark Factory I Feel Lucky package ()
- How Will a Trademark Examiner Examine My Trademark Application? ()
- Can You Trademark Book Titles? ()
- Trademark Factory All-Inclusive package ()
- Trademarks vs. Trade Names ()
- Look-Alike and Sound-Alike Trademarks ()
- Will the Trademark Examiner Check Other Applied For Trademarks? ()
- Trademarking Words in a Fancy Font? ()
- Will the Trademark Examiner Check Unregistered Trademarks? ()
- You Received an Office Action. Now What? ()
- How Long Is a Trademark Registration Good For? ()
- When Should I Trademark My Brand? ()
- Why is Google the Textbook Example of What Not to Do with Your Trademark? ()
- Should I Claim Color as a Feature of My Trademark ? ()
- What Is the Difference Between Trademarks and Patents? ()
- How Should I List Products and Services in My Trademark Application? ()
- What Is the Difference Between Trademarks and Copyright? ()
- When Should I Trademark My Logo? ()
- What Are the Two Main Reasons My Trademark Application Can Be Rejected? ()
- What Is the Trademarking Process? ()
- Can I Mention Someone Else's Trademark on My Website? ()
- What Is An Acceptable Specimen of Use? ()
- What Are Generic, Descriptive, Suggestive, Arbitrary, and Fanciful Trademarks? ()
- What Is UDRP Uniform Domain Name Resolution Policy? ()
- How Do I Trademark Product Names? ()
- When Am I Allowed to Put TM Next To My Brand? ()
- How Do I Trademark Service Names? ()
- What Are Word Marks, Design Marks, and Combined Marks? ()
- What Should I Know About Trademarking Slogans and Taglines? ()
- Should I Trademark My Name Or My Logo ()
- Adding Elements to My Trademark to Overcome Confusion or Descriptiveness ()
- Are Famous Trademarks Treated Differently From Regular Trademarks ()
- Received an Invoice For International Publication of Trademark ()
- What Should I Do If Somebody Infringes on My Trademark ()
- Do Trademarks Protect Their Foreign Equivalents ()
- What Should I Do If Somebody Accuses Me of Infringing Their Trademark? ()
- Asian Domain Name Scam ()
- What Are Two Biggest Branding Mistakes? ()
- Are Dead Trademarks a Problem? ()
- What Is The Difference Between a TM and an R in a Circle Symbols ()
- What Does Using a Trademark Mean? ()
- How Do I Choose a Great Brand for my Business, Product, or Service ? ()
- What Is Weekly Confusion Watch Service? ()
- Supplemental Register ()
- What Are Ornamental Trademarks? ()
- What Happens If I Don't Renew My Trademark In Time? ()
- What Does Confusingly Similar Mean? ()
- What Is a Trademark Assignment Agreement? ()
- What Does Date of First Use Mean? ()
- What Is a License Agreement? ()
- Why Is Search So Important? ()
- What Are Incontestable Trademarks? ()
- How Do I Check the Current Status of my Trademark Application? ()
- Important Amendments to Canada's Trademark Law ()
- How To Trademark a Name and Logo ()
- Trademarking Strategies For Life And Business Coaches ()
- How Do I Cancel Someone Else's Trademarks? ()
- Why Do Celebrities Trademark Their Catchphrases? ()
- How George Clooney Made $1 Billion Using Trademarks? ()
- Misspellings and Other Changes to Get Around Someone Else's Trademark ()
- How To Protect Your Brand On Amazon? ()
- Dividing a USPTO Trademark Application ()
- 5 Movies with Unbelievable Scenes about Trademarks and Intellectual Property ()
- Trademark Factory's New & Improved I Feel Lucky Package ()
- The Dumbest Advice About Trademarks You Could Ever Give ()
- 5 Things You Should Never Say About Your Brand ()
- Trademarks vs Domain Names ()
- What's Your Brand Worth? ()
- 3 Y's Of Protecting Your Brand ()
- Matrix of Success 2 Things a Business Needs for Success ()
- How Coca Cola Trademarked Their Brand ()
- Trademarks: Certainty vs. Commitment ()
- Trademarking Process In a Nutshell - TMs Into Rs Brand Protection Formula ()
- Can I Trademark An App ()
- 3 Types Of Businesses And What This Has To Do With Trademarks ()
- Incorporation vs Trademarking ()
- 3 Nasty Trademark Rip Offs And How To Avoid Them ()
- Do I Need To Have A Logo To Get A Trademark ()
- The Real Price You Pay For Trademarking ()
- Copyright, Trademarks and Patents: What's the Difference? ()
- How To Create A Killer Tagline For Your Business ()
- The Madrid Protocol and International Trademarking - Updated for 2019 ()
- Difference Between TM and R in a Circle When to Use Which ()
- USPTO Trademark Fees Are About To Skyrocket ()
- How To Trademark A Name And Logo For Free ()
- Trademark Classes Explained | Nice Classification ()
- Trademark Class 35 of Nice Classification ()
- How To Trademark A Name And Logo For My Music Band ()
- Trademark Classes Explained For Mobile Apps ()
- Trademark Classes For Clothing Everything You Need To Know ()
- How To Create A Great Brand Name (J.U.M.P Brands) ()