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Intellectual property

beb824a2
Active Member
Morgane G Member Since: Jun 15, 2021
1 of 6
Hi everyone ,

I have done my logo on upwork with a freelancer and I want to know If I owned the intellectual property of the logo (copyright of the logo ) ?
Also can I do a trademark of the logo after getting it from upwork?
prestonhunter
Community Guru
Preston H Member Since: Nov 24, 2014
2 of 6

re: "I have done my logo on upwork with a freelancer and I want to know If I owned the intellectual property of the logo (copyright of the logo ) ?"

 

Yes. You own the copyright.


re: "Also can I do a trademark of the logo after getting it from upwork?"

 

Yes. You may file to register a trademark using a logo you commissioned through Upwork. You would need to pay the registration fee, and you application will be reviewed. Trademarks aren't granted automatically. But if there are no problems with the application and no overlapping conflicts, a trademark is typically awarded.

 

beb824a2
Active Member
Morgane G Member Since: Jun 15, 2021
3 of 6
Hi , could you please help me to find the file I have to do for the trademark please ?

it means that I cannot do my trademark on the side with a lawyer , I first need approval from upwork ? Is that right ?

Thank you very much for letting me know .
prestonhunter
Community Guru
Preston H Member Since: Nov 24, 2014
4 of 6

You don't need a lawyer in order to file for and be awarded a trademark.

 

Nor do you need Upwork's approval.

 

I personally filed for and received a trademark using neither a lawyer nor Upwork.

 

You can hire someone to help you do this. Or you can do this on your own.

 

https://www.uspto.gov/trademarks/basics/trademark-process

feed_my_eyes
Community Guru
Christine A Member Since: May 4, 2016
5 of 6
You will need to ensure that the logo was actually an original idea, that the artwork was created from scratch, and that any fonts used are licensed for commercial use (if the logo is a wordmark only, copyright becomes more complicated). Many freelancers on Upwork get logos from stock websites, in which case, it will not be possible for you to own the copyright or trademark it. This is something that should have been discussed with the designer prior to hiring.

I would start by doing a reverse image search of your logo on Google to see if similar (or identical) designs are found, before you do anything else.
prestonhunter
Community Guru
Preston H Member Since: Nov 24, 2014
6 of 6

Christine mentions wordmark. Doing a wordmark-only trademark IS an option to keep in mind. Although that is presumably not the original poster's intention, if he is going to the trouble of creating a logo.

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