woodmang

Logo Creation & Trademark

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I apologize if this is a repost, I did a search and didn't find anything previously.

 

I am wanting to get a logo created for myself. I am not "professional" or a business per se, but I would like to get something put together to brand my creations with.

 

1. If I have someone create the logo for me, how do I go about making sure I have the rights to it for reproduction, printing, etc.?

 

2. Is it worth the hassle to Trade Mark the logo / catchphrase?

 

3. Does any one have any reccomendations for someone to do the design work / average or fair price guidance?

 

Thanks in advance for your help!

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I am not a data rights attorney, however I have over 10 years program management experience working with data rights, intellectual property (IP), patents, and trademarks.  Normally, I was involved with making sure the customer was properly using my company's IP. 

 

 

.......

1. If I have someone create the logo for me, how do I go about making sure I have the rights to it for reproduction, printing, etc.?

 

 

Excellent question.  I recommend a written contract that clearly and unambiguously states that you are the sole owner of the data, and that the person performing the design work has no rights to use the data (Logo) for any purpose, unless specifically approved by you, in writing.

 

 

....

2. Is it worth the hassle to Trade Mark the logo / catchphrase?

 

If you are going through the effort to have a logo professionally designed, it is probably worth the effort to protect your investment.

 

 

...... 

3. Does any one have any reccomendations for someone to do the design work / average or fair price guidance?

 

Sorry, I can't help you with this.  Hopefully, some of the other forum members can.

 

 

Hope this helps.

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3. Does any one have any reccomendations for someone to do the design work / average or fair price guidance?

 

About 16 years ago I did websites, logo design, web promotion, before the internet really took off. I did  some design work for a logo for some clients, based on the complexity of the logo, or how obnoxiously picky the client was increased the cost. I charged a flat fee based on the clients requirements. Roughly 500 bucks for an average logo. However, now you've got millions of people who can whip stuff up in minutes and can probably get something done for less than 100 bucks. 

Keep the concept of less is more, simpler is better, and avoid adding colors at all costs.

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I am not a data rights attorney, however I have over 10 years program management experience working with data rights, intellectual property (IP), patents, and trademarks.  Normally, I was involved with making sure the customer was properly using my company's IP. 

 

 

 

Excellent question.  I recommend a written contract that clearly and unambiguously states that you are the sole owner of the data, and that the person performing the design work has no rights to use the data (Logo) for any purpose, unless specifically approved by you, in writing.

 

 

 

If you are going through the effort to have a logo professionally designed, it is probably worth the effort to protect your investment.

 

 

 

Sorry, I can't help you with this.  Hopefully, some of the other forum members can.

 

 

Hope this helps.

Thank you for your message! That is a very good point, if I am going to the trouble, I should protect it! And good idea with the contract!

 

About 16 years ago I did websites, logo design, web promotion, before the internet really took off. I did  some design work for a logo for some clients, based on the complexity of the logo, or how obnoxiously picky the client was increased the cost. I charged a flat fee based on the clients requirements. Roughly 500 bucks for an average logo. However, now you've got millions of people who can whip stuff up in minutes and can probably get something done for less than 100 bucks. 

Keep the concept of less is more, simpler is better, and avoid adding colors at all costs.

I know there are websites you can "design your own" or whatever, but that's all basicallly clip art. $100 wouldn't be horrible. I suppose I never stopped to think what I would be willing to spend.

 

Why avoid colors if I may ask? I planned on getting one with color and one without for various purposes...

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Research, research, research...

You want a good designer. Quality logo design includes the ability to scale up or down and still remain useful. Good designers should keep a portfolio of finished work. The quality you see can help you determine what you are willing to pay. I am not a designer myself but rather have designer friends who have shown me the importance of the design considerations.

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Research, research, research...

You want a good designer. Quality logo design includes the ability to scale up or down and still remain useful. Good designers should keep a portfolio of finished work. The quality you see can help you determine what you are willing to pay. I am not a designer myself but rather have designer friends who have shown me the importance of the design considerations.

That is a very good point, I didn't even think about scaling, or previous work! :o

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My daughter graduated last year with a BFA in graphic arts and visual commutation, she has yet to land a permanant or full time work but has been doing some websites and freelance work on some flyers, logos and such. Some of it is done with out ever meeting the clinents in person, by the hour, a draft is submitted, a price is discussed, if an agreement is made the full size art is sent. I think she was using adobe illustrator for art work and square space for web sites.

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Keep the concept of less is more, simpler is better, and avoid adding colors at all costs.

Why avoid colors if I may ask? I planned on getting one with color and one without for various purposes...

I think what he means is don't pick something that is "busy". If you have letters surrounded by a lot of graphics, its hard to see the focal point. To much extra detracts from what your trying to see. I see a lot of logos around town that you can't see the name unless you can look at it for awhile. It should be noticeable at a glance.

-Jason

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I would second the contract advise. As for having the work done, if you have a college or university near by, it am sure you could probably have an graphic design student do it, they may want to use to get credit for class, but that is a decent trade off.

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My designer charged $100 and gave me the .psd file, and several different JPEG versions. I have 100% rights to do what I want with it or change it, etc.

 

My first recommendation would be to register your trademark.  Legal zoom can help you do this for under $200.  There are other web sites that will do it for less.

 

So, what does that do?  It protects you by keeping other people/companies from profiting from your trademark.  If your trademark is not registered, then I could copy it, put it on tee shirts, and then sell the tee shirts.  I would not have to ask your permission or pay you a royalty.

 

There is a difference between data ownership and 100% data rights.  Unless specified in the contract, then the person/company performing the work owns the data, regardless of who is paying for the work.  The person paying for the work typically gets 100% data rights.  In the graphics arts world, this means that the designer could use your logo in his advertising...look at all these great logos I have made...let me make yours.  He could also take your design, modify it, and sell it to someone else.  Which is the real reason why you should register your trademark.

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From what I understand, you can use the TM symbol without registering the trademark which signifies to others that you are claiming the trademark but you have much less power to do anything to those who infringe.  A registered trademark is not a one time and you are done kind of thing.  It has to be renewed after five years and then every tenth.

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From what I understand, you can use the TM symbol without registering the trademark which signifies to others that you are claiming the trademark but you have much less power to do anything to those who infringe.  A registered trademark is not a one time and you are done kind of thing.  It has to be renewed after five years and then every tenth.

 

The USG has a web page titled:

    "Trademark Basics"

 

"Basic Facts About Trademarks: What Every Small Business Should Know Now, Not Later"

 

Here's the link:

 

http://www.uspto.gov/trademarks-getting-started/trademark-basics

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My daughter graduated last year with a BFA in graphic arts and visual commutation, she has yet to land a permanant or full time work but has been doing some websites and freelance work on some flyers, logos and such. Some of it is done with out ever meeting the clinents in person, by the hour, a draft is submitted, a price is discussed, if an agreement is made the full size art is sent. I think she was using adobe illustrator for art work and square space for web sites.

That's about what I was hoping the process would be. In this day and age, no real reason to do a face to face or be limited to local talent with something like this.

 

I think what he means is don't pick something that is "busy". If you have letters surrounded by a lot of graphics, its hard to see the focal point. To much extra detracts from what your trying to see. I see a lot of logos around town that you can't see the name unless you can look at it for awhile. It should be noticeable at a glance.

-Jason

That makes sense. What I have in mind is pretty basic. I have definitely seen some logo's where I had to stare at them for a minute.

 

My designer charged $100 and gave me the .psd file, and several different JPEG versions. I have 100% rights to do what I want with it or change it, etc.

That sounds exactly like what I want to do!

 

I would second the contract advise. As for having the work done, if you have a college or university near by, it am sure you could probably have an graphic design student do it, they may want to use to get credit for class, but that is a decent trade off.

That's a good idea. There are a few colleges around here. I know college kids are always looking for work!

 

My first recommendation would be to register your trademark.  Legal zoom can help you do this for under $200.  There are other web sites that will do it for less.

 

So, what does that do?  It protects you by keeping other people/companies from profiting from your trademark.  If your trademark is not registered, then I could copy it, put it on tee shirts, and then sell the tee shirts.  I would not have to ask your permission or pay you a royalty.

 

There is a difference between data ownership and 100% data rights.  Unless specified in the contract, then the person/company performing the work owns the data, regardless of who is paying for the work.  The person paying for the work typically gets 100% data rights.  In the graphics arts world, this means that the designer could use your logo in his advertising...look at all these great logos I have made...let me make yours.  He could also take your design, modify it, and sell it to someone else.  Which is the real reason why you should register your trademark.

I have heard of Legal Zoom before, but never really looked into them. I think I worry if what they do would hold up in court, as compared to say a "real" attourney. I will need to do some research on them.

 

That's a good poit. I wonder if I could get 100% Ownership rights. As in completely take the file off their hands and be responsible for backing it up myself...

 

From what I understand, you can use the TM symbol without registering the trademark which signifies to others that you are claiming the trademark but you have much less power to do anything to those who infringe.  A registered trademark is not a one time and you are done kind of thing.  It has to be renewed after five years and then every tenth.

I think that is similar to the copyright symbol. It's like a deterrent, but not really backeds by anything. I would think anyone who was out to profit from someone else's work would check to see how easy it was going to be.

 

The USG has a web page titled:

    "Trademark Basics"

 

"Basic Facts About Trademarks: What Every Small Business Should Know Now, Not Later"

 

Here's the link:

 

http://www.uspto.gov/trademarks-getting-started/trademark-basics

Awesome! I will definitely look into that!

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