Protect your Creation: How to Avoid Losing Control of Your Trademark

If your designer didn’t sign over rights to your logo, or if you never registered your brand name as a trademark, you could be vulnerable. Someone else could claim your brand, restrict how you use it, or even demand you stop using it altogether. Protecting your trademark isn’t just a legal formality—it’s about protecting your business identity, reputation, and income.

Why Trademark Ownership Matters

A trademark is what legally protects your business name, logo, or slogan from being used by others. Without it, your brand identity can easily be copied—or worse, claimed.

Here’s what can go wrong:

• If you hire a designer without a written agreement, they might still own the rights to your logo.
• If you operate under a business name that isn’t trademarked, another company could register it first and block your use of it.
• If you license your logo or name to another company without clear terms, you could accidentally weaken your rights or lose control of how it’s used.

A registered trademark gives you nationwide protection and exclusive rights to use your brand in your industry. It also strengthens your ability to stop others from using something similar that could confuse your customers.

Common Trademark Oversights to Avoid

Even well-intentioned business owners can make mistakes when it comes to ownership. Some of the most common ones include:

• Not registering early enough. Waiting to trademark your business name or logo can leave you exposed if someone else files first.
• Assuming registration happens automatically. Using your logo or business name doesn’t guarantee ownership—you must apply with the U.S. Patent and Trademark Office (USPTO).
• Forgetting about contracts. Creative contractors, like designers or marketing agencies, should sign an agreement transferring ownership of the work to you.
• Ignoring licensing risks. If you let others use your logo or name (for example, in a collaboration or franchise), your contract must clearly define what’s allowed and how long the license lasts.

Questions SMBs Should Be Asking About Trademarks

Before moving forward, take a moment to ask yourself—and your legal advisor—a few key questions:

• Do I actually own my logo or brand assets? Was there a signed contract transferring copyright ownership from my designer or agency?
• Should I register my brand name or logo as a trademark? Have I checked if someone else is already using a similar name?
• Can I safely let others use my logo? Do I have a licensing agreement that protects my rights and limits how my brand can be used?
• What happens if someone copies my brand? Am I prepared to enforce my trademark or send a cease-and-desist if needed?

What to Do Next

1. Review ownership of your brand assets. Make sure all design and creative work is covered by written agreements.
2. Register your trademark. File with the USPTO to protect your name and logo from unauthorized use.
3. Create a logo licensing policy. If you collaborate or partner with others, outline clear rules for how your brand can be used.
4. Monitor your brand online. Use search alerts or tools to catch potential misuse early.

Owning your brand means owning your future. Take the time to protect what you’ve built—because your name, your logo, and your reputation are worth defending.