Legal Essentials to Look out for When Getting Your First Logo
Logos are part of the brand identity and owning the rights to your company’s logo is a mundane but crucial subject.
So in case you are embarking on creating a logo for your company, and keeping it uniquely yours, it’s great to know the basics.
Charting the Course with Intellectual Property Rights
At the heart of any creative collaboration lies the treasure of intellectual property (IP) rights. It's essential to clarify the ownership of these rights from the get-go. Traditionally, designers hold copyright to their creations unless there's an agreement transferring these rights to the client. To avoid murky waters, your contract should explicitly state that IP rights, including copyright and design rights of the logo, are transferred to your company upon completion and payment. This ensures your brand becomes the rightful owner of the logo, allowing you to use it freely and without future constraints.
Flying the TM Flag: Claiming Your Brand Territory
The TM (trademark) symbol is like a superhero for brands, flying high in the top right corner of a logo or name, shouting "This is ours!" to the world. It's a handy way to stake your claim on a brand, even without the official paperwork. It applies both to products and services. Just remember, while it's got some muscle, it's not invincible— it's more of a statement of intent than the ironclad protection of a registered trademark. So, its defence capabilities are somewhat limited, serving mainly as a warning shot to would-be copycats.
Crafting the Contract: A Blueprint for a Secure Collaboration
To ensure airtight legal protection, your contract with the designers should include several key elements:
IP Transfer Clause: This should clearly state that all intellectual property rights for the selected logo, including copyright and design rights, will be transferred from the designer or studio to your startup upon final payment. This clause is the linchpin that ensures your exclusive ownership of the logo.
Scope of Use: Define the breadth of usage for your logo, including mediums, geographies, and any other relevant aspects. This clarity will enable you to leverage your logo to its fullest potential across various platforms and marketing materials.
Confidentiality Agreement: To safeguard your brand strategy and any sensitive information shared during the design process, this clause prevents the designer or studio from disclosing any proprietary information.
Revision and Approval Process: Outline the expected rounds of revisions and the approval process. This ensures both parties are on the same page regarding how changes are managed and when the design is considered finalized.
Stellar Navigation: Ensuring Your Brand's Name and Logo are Uniquely Yours
Before anchoring your brand to a name or logo, a thorough search in trademark databases is crucial to avoid collision courses with existing trademarks. This due diligence can prevent legal skirmishes over trademark infringement, which can be both costly and detrimental to your brand's voyage.
The easiest way to do this is a simple Google search with the company's name and see if there are similar products or services. Depending on where you are based you can also check with the European Union IP office here or the World IP Organisation here.
Setting Sail with Confidence
Creating a logo is an exciting and interesting chapter in your company's story, filled with creativity and strategic branding. By addressing these legal considerations and ensuring your contract is watertight, you can sail ahead confidently, knowing your brand's identity is not only distinctive but also legally fortified.
Was this useful? Let us know.