Forums: Discussions for entrepreneurs and small business.

It is definately to your best interest to have your logo trademarked. If you don`t and someone else comes by and likes your logo and finds that you do not have it legally deemed as yours, they could modify it and use it as theirs and should you raise any stink about it, if their version is trademarked, they could actually get you served with papers requesting that you stop using their design. I can`t recall any situations like this actually happening, but that doesn`t mean that it hasn`t or it won`t. As for other people`s designs, Contract out your work. Some designs that are used for a short time, you can sell partial rights to. This allows you to still be the owner of the graphic and you can later sell that same graphic or a modified version to someone else. If you do a logo for someone and they say they will pay you later and never do, if you have a contract stating that they agreed to pay x-amount for a design then you can insist that they pay you or stop using your design. To continue using your design is breech of contract as well as unauthorized use of a graphic that is not theirs. Once they pay you for the graphic, it is no longer yours and not your responsiblity to have trademarked. If they choose to have you create a logo and they contractually meet their end of the bargain, the design in theirs and they are the ones that need to have it registared.

We have a clause in our contract which states that we make every effort to
be sure that the designs we create are original, but that it is ultimately the
clients responsibility to be completely sure of that by trademarking the logo.
Also, if you do not trademark your logo but can show that it has been "in
use" for longer than someone with a trademark for the same logo, you
would be the one to retain rights to the logo. Showing the logo in use is
deemed more important than obtaining the trademark.

If you`re an artist, I would like to request sample of your work.  I am looking to start sports organization for the minority group, and I am looking to have a logo to brand it.  Any assistance will be greatly appreciated.

Cliff