When you create a logo or branding materials for a client, it’s natural to want to keep some ownership over the work—it’s your creative baby, after all.
But if the design is meant to be used by the client as a trademark (which it almost always is), holding onto those rights can create complications down the line.
Most business owners hire a designer because they want to use that logo as part of their brand identity—on products, packaging, websites, marketing materials, and more.
If they plan to register it as a trademark (which many do), there’s a big legal catch: only the trademark owner can file a trademark registration application. That means even if you give them a license to use the design, it may not provide enough protection for the brand.
To avoid confusion or problems later, your contract should explicitly assign and transfer:
- Copyrights in the logo design
- Trademark rights
- The goodwill associated with the trademark
Goodwill is a key legal concept tied to trademarks—it reflects the recognition and reputation the brand builds over time. Without including goodwill in the transfer, the client (or their lawyer) might have to circle back and ask you to sign an assignment of rights later.
The easiest solution? Be upfront in the contract. Allow it to be clear that the client owns all rights to the design once they’ve paid for it.
If you’re worried about losing credit for your work, you can retain a portfolio license that gives you the right to showcase the design in your portfolio, on your website, or in other marketing materials, without keeping ownership.
If you have questions about logo ownership, copyrights, or trademark rights, contact an experienced intellectual property lawyer in Orlando to help protect your creative work.
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