Who Owns the Copyright?
Just because you pay someone to create something for you, to paint an image, or design your logo doesn’t mean you own the copyright or other intellectual property in that image.
The creator of any material or image automatically receives copyright protection for their work upon its creation. Subsequently, they can sell it to any or all of your competitors or use it themselves.
You must have that permission in writing to gain a monopoly on that image. Furthermore, the agreement should specify your right to register the logo as your trademark.
Resources
For those who need it, I have a one-page template that helps you achieve a proper agreement with a designer who already did the work and got paid without appropriate documentation.
To correct this oversight, go to nicecontracts.com and find After-the-Fact Copyright Assignment (the first agreement). It costs far less than when I create a custom agreement, but I often use it for my business. You can print it, enter the parties’ names and describe what you will receive.
While it can be challenging to convince someone to sign a lengthy document after their work is complete, it’s usually more manageable with a one-pager. But, before any money changes hands, they are typically more agreeable when looking at potential income.
The Content Creation Agreement is an agreement you use in advance on the same page. This document is a sophisticated agreement and a better option with more extensive coverage.
Summary
It is not sufficient to file your trademark application if it relies on an image for which someone else holds the rights because, technically, they can invalidate your trademark application or registration.
You want to ensure you have everything properly and adequately documented to protect your brand and rights, especially if it becomes a huge success.
Trademark Factory® helps brand owners plan and develop trademark strategies that lead to success and a strong brand identity.
Contact us today to learn more about our all-inclusive, 100% money-back guarantee of successful trademark registration.