A brand name that turned out to belong to someone else
A founder finds a similar registered mark days before launch and has to decide whether to rebrand or proceed.
Read the scenario →Illustrative example
Who owns the logo a freelancer designed?
A growing business realises it has no written assignment for its logo, website copy, and product photos.
Scenario type: Services business with a freelancer designed brand. This is a hypothetical example, not a real client.
The situation
A business built its brand with a freelance designer and copywriter years ago. During a funding conversation, an investor asks for proof that the company owns its brand assets.
The challenges
- No written assignment of rights from the freelancers
- Original design files are on a personal drive
- Investor diligence needs clean ownership records
How it is typically handled
- 1Review what was agreed, in writing or by conversation, when the work was created
- 2Obtain a written assignment from each creator covering the work delivered
- 3Register copyright for the logo and key original works
- 4File the logo as a trademark so the brand is protected on both fronts
What a good outcome looks like
The company holds signed assignments and registrations, so ownership questions in diligence have documents behind the answer.
Key takeaways
- Paying for a design does not automatically transfer all rights
- Get assignments in writing at the time of commissioning
- Trademark and copyright protect different things, so most brands need both
This scenario is general information for illustration. Rules, thresholds and deadlines change and depend on your facts, so confirm the position for your own situation with a qualified professional.
Trademark & Copyright
Dealing with something like this?
Leave your details and we will call you back within one business day. Read about trademark & copyright.
More scenarios
Keep reading
Responding when a competitor opposes your trademark
A trademark application is advertised and a third party files an opposition. What the response window looks like.
Read the scenario →Crossing the headcount line for PF and ESI
A growing business realises it hired past the point where PF and ESI registration became mandatory.
Read the scenario →