What's in a Name?...Use it or Lose it!
You’re hired as an independent contractor to come in and help revamp and reinvigorate a flagging business. As part of your new business plan, you suggest changing the business’ name and logo. Both parties agree to this suggestion, but neither party discusses ownership of the new name and logo, and nothing is memorialized in writing.
Trademark law applies to names, words, symbols, or some other device whose sole purpose is to identify a merchant or manufacturer in order to distinguish those goods sold or manufactured by others.
So, do you, the hired consultant from whom the glorious ideas spawned, have a claim of rights to the name and logo? In a word - no. In the absence of an agreement to the contrary, when it comes to trademark law, not much importance is placed on who created the name. Trademark law only cares about who is using the name and logo, and particularly who used it first. US Patent and Trademark Office’s definition of a Trademark.
Therefore, regardless of the fact you created the name and logo, you would not be able to register the trademark, as you were not the first to use it in the stream of commerce. Furthermore, as you were paid to revamp the business’ image, arguably changing the name and logo could be considered part of that work.
If you live in North Florida and have questions about trademarks or other forms of intellectual property, please contact Wood, Atter & Wolf, P.A., a Jacksonville, Florida law firm.
