Minnesota Trademark Assignment and License Agreement Regarding Design Mark
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FAQ
Under copyright law, a simple shape, or one that is commonly used, cannot be copyrighted on its own. For example, no one can own exclusive copyright in a square, circle, oval, or diamond, or the common fleur de lis.
Because copyright focuses on original works of authorship, the selection and arrangement must have some degree of originality. Simple grids or commonplace layouts are not considered original. Copyright for the compilation will be separate from copyrights for the content.
You cannot trademark a shape by itself. However you can trademark a logo that incorporates a unique shape, like Nike's famous "swoosh." This prevents others from using your shape on commercial products without your permission. To qualify for a trademark, your design must be original.
No, you cannot trademark clothing design. Since clothing designs are the blueprints for physical goods, you can't trademark them.
A trademark assignment is the transfer of an owner's property rights in a given mark or marks. Such transfers may occur on their own or as parts of larger asset sales or purchases. Trademark assignment agreements both provide records of ownership and transfer and protect the rights of all parties.
A trade mark protects any sign or symbol that allows your customers to tell you apart from your competitors. You can register a name, numerals, logo, slogan, designs, letters, domain name, shape, smell or sound. A trade mark must be: Distinctive for the goods and services to which you wish to apply the trade mark.
The term 'assignment' and 'license' cannot be interchanged. A license is different from an agreement. Generally, in absence of any provision to the contrary, the assignee becomes the owner of the assigned work, whereas in case of a license the licensee gets the right to exercise particular rights only.
A licensed mark is a trademark that a franchisee, or other licensee, has obtained the right to display for a certain period of time. The licensee doesn't own the trademark, but the trademark owner has granted him the right to display the trademark for a limited time, and subject to certain conditions.
To put it summarily, in case of an assignment of a trademark, there is a change in the ownership of the registered brand and in case of licensing, the right in the trade mark continues to vest with the original owner but only few restricted rights to use the brand/mark are given to the third party.
In the United States, every designer automatically owns the copyright to their work, except for in the work-for-hire situations mentioned above. There's no need to register a copyright with the US Patent and Trademark Office like there is to get the protections that come with patenting a concept.
