When a company decides to refresh its image and develop a new logo, it will probably want to protect the logo as a trademark.

In most cases, a new logo will have been designed by an employee, a freelancer or a communication agency. However, companies often overlook the fact that, in such cases, the employee, freelancer or communication agency automatically owns the logo's copyright, even if the logo was designed at the company's request.

Therefore, a company that commissions a new logo must ensure that its copyright is transferred to them by:

  • a simple transfer document; or
  • adding a clause in the employment or service contract with the designer.

If a new logo's copyright is not transferred to the commissioning company, its designer will be entitled to reuse the logo for other companies or even challenge the commissioning company's use of the logo or its registration.

For further information on this topic please contact Pieter De Grauwe at GEVERS by telephone (+32 3 206 99 88) or email ([email protected]). The GEVERS website can be accessed at www.gevers.eu.