Besides trademark holder, a trademark has an author.
When developing a logo, corporate identity, or designation—a graphic work is created. The fact of trademark registration does not automatically guarantee the author's rights for the registered design. Therefore, it is important to consider that:
Therefore, when developing a brand, formalize an agreement with a designer/agency, provide for the transfer of exclusive rights in the contract.
- Copyright arises from the moment the work is created;
- Exclusive rights to a trademark and copyright have different legal regimes;
- Use of a designation without the author's consent may lead to disputes and compensation claims.
Therefore, when developing a brand, formalize an agreement with a designer/agency, provide for the transfer of exclusive rights in the contract.
