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Who does the "tm" and/or "CR" Logistics - Client or Designer?

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varxtis

Junior Member
Im a freelance graphics designer. There are various avenues I cater to, but one is Logo/Decal design for businesses.
A while back ago I tried to pursue official ownership of my own company name (Varxtis Creations) and it's Logo. I have no idea what the crud kind of road I went down, but when I was near finalizing everything (again, just logo and name), it was rounding up to $3k. Im a brand new company that just can't afford that. Heck, Im kind of doing this because I'm trying to get additional income to clear out financial burdens. In any case, I figured it'd be safe to wait.
However, I just finished designing a logo/decal for this company, along with business cards, digitized Embroidery files, letter Heads, digital invoice forms and the client is thrilled. We're close to parting ways until they may need me again. But now, Im concerned about whose responsible for handling the logisitcs. I don't want to hand the property over only for them to ripped off by somebody else because I didn't secure proper Trademark or Copyrights for them. But that stuff makes me dizzy and freaked out honestly. I haven't even handled my own property (logo and name). Am I responsible for securing the Trademark and/or copyrights for my client? or do I basically hand the property over, get paid, and leave the rest to them?

Since it's on the same topic, I felt it best not to make a new topic/thread and just ask here:
How do I know whether something needs to be Trademarked and/or Copyright? and How can I go about it in a practical and affordable way?
 


FlyingRon

Senior Member
That's up to you and your client to work out. There's no legal obligation or even business convention as to who does what. Frankly, if this was a work for hire (i.e., they paid you to develop it), it's their rights and THEY need to follow through on trademark and copyright registration if they want it.

Understand, that REGISTRATION is not required for either trademark or copyright. Copyright is established when you have a creative work set down in tangible form. Trademark arises from use of a non-descriptive mark in commerce. Registration is available for both and gives you additional protections.

You don't NEED to assert either of these rights, but if you want exclusivity, then you should.
 

Taxing Matters

Overtaxed Member
Understand, that REGISTRATION is not required for either trademark or copyright. Copyright is established when you have a creative work set down in tangible form. Trademark arises from use of a non-descriptive mark in commerce.
Which means that the creator of the work is the one who gets the copyright by default and it is the user of the mark that gets the trademark by default. That can result in a situation where the designer owns the copyright and the client ends up holding the trademark if they don't have agreements that work out all this stuff, which they should have. Because if you get into a dispute over it later without those agreements it can get messy and expensive for both sides.
 

quincy

Senior Member
Here is a link to the US Copyright Office with a fuller explanation of what is and is not a copyright “work for hire:”
https://www.copyright.gov/circs/circ09.pdf

For your logo to be a work for hire requires more than you being paid to create a work for someone else. If you are not an employee creating the work for an employer as part of your employment duties but rather you are an independent worker, you should have a written agreement with your client specifically noting that the work is a work made for hire.

It could also be important to note that not all logos are creative and original enough to qualify for copyright protection although logos are offered trademark protection when used in commerce to identify a product or service.

You would be smart to have a written transfer of copyrights drafted and signed by both you and your client so your client has free use of the logo, should it be eligible for copyright registration. You should also have a written agreement with your client that releases all rights to the trademarks.

I agree with FlyingRon that there is no legal requirement that copyrights and trademarks be federally registered but a transfer of rights in the copyrights should be. Registration also provides additional protection should either the copyright or trademark be infringed.

https://www.copyright.gov
https://www.uspto.gov
 
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varxtis

Junior Member
Thank you so much for all the information. Finally had the opportunity to look it all over for the most part. I wanted to confirm something. Lets say I release copyrights and ownership of tradmark to the client, which I think will be the standard, it's now the clients responsibility if they want to pursue officially registering copyrights and trademark right?
 

quincy

Senior Member
Thank you so much for all the information. Finally had the opportunity to look it all over for the most part. I wanted to confirm something. Lets say I release copyrights and ownership of tradmark to the client, which I think will be the standard, it's now the clients responsibility if they want to pursue officially registering copyrights and trademark right?
Yes - but it is best if all transfers of rights are recorded so there is no confusion later as to ownership.

For copyrights, a transfer of rights must be in writing, signed by the original copyright holder, and the right or rights that are transferred must be one or more or all of the exclusive rights in the work.
 
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varxtis

Junior Member
Seems fairly straight forward. I can see why contracts need a lot of consideration and forethought. I mean, I knew one was needed as an over all understanding of services being rendered and all, but there's way more to it. Thank you again. You've all given me a lot to consider to protect myself, and my clients.
 

quincy

Senior Member
Seems fairly straight forward. I can see why contracts need a lot of consideration and forethought. I mean, I knew one was needed as an over all understanding of services being rendered and all, but there's way more to it. Thank you again. You've all given me a lot to consider to protect myself, and my clients.
You’re welcome, varxtis. We appreciate the thanks.

Good luck.
 

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