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Delta-Lawyer, Patent Prosecutor
Category: Intellectual Property Law
Satisfied Customers: 3546
Experience:  Patent Bar Certified
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I created a trade mark logo and brand materials such as websites,

Customer Question

i created a trade mark logo and brand materials such as websites, t-shirts, banners, custom gifts for a company that i want to break from. all these services were provided at no charge, what are my rights in claiming the work put in to developing the branding and tradmark for the company. I also have a copyright cerficate that makes me the author of the name and logo.
Submitted: 2 years ago.
Category: Intellectual Property Law
Expert:  Delta-Lawyer replied 2 years ago.
I hope this message finds you well, present circumstances excluded. I am a licensed IP attorney with over a dozen years experience. It is a pleasure to assist you today. First off, if you name is ***** ***** copyright certificate, then you have a rebuttable presumption in your favor that you are the rightful owner of that copyrighted name and logo. It can get complicated as to why you developed it, who helped, what funds paid the fees, etc. However, there is a legal presumption in your favor based on the registration. As to the trademarks, if you are not named as the owner (say the company is named), then the ownership will vest with the company. Your contributions to the development of the IP do not necessarily mean that you have an ownership interest in those trademarks, unless that was previously addressed in a contract. In essence, by leaving, you lose the legal presumption of ownership unless you are the named owner of the registered mark or marks. The burden of proof would be on you, in a law suit, to show that you developed this IP and that there was an understanding that you would own it, separate and apart from the business. Otherwise, in some respects, this is no different than your contributions through work to rent or buy your office space. If you leave, you cannot claim you own or have rights to the office space, unless that is previously settled in contract. In a way, it is the inverse of the aforementioned copyright issue. Let me know if you have any other questions or comments. Please also rate my answer positively. Best!
Expert:  Delta-Lawyer replied 2 years ago.
Did you have any other questions or comments? I want to make sure you are as comfortable as possible as you move forward. Thanks!

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