Patent Attorney and Founder
I’ve seen this happen too many times: a business is gearing up for a big launch, new logo, new brand, months of planning. They’re about to throw a reveal party, spend thousands on marketing, and then… the logo designer casually posts the design on Facebook. Branding ruined before it even hits the market. That’s why a good designer always waits until the client goes public.
Now, on the legal side, people often ask: if my patent has a typo, does that kill it? Thankfully, no. If a patent has a misspelling, you can usually fix it with what’s called a Certificate of Correction. The only time it becomes a problem is if you are trying to trick the Patent Office. If it’s an honest mistake, they’ll let you correct it.
Trademarks are trickier. A misspelled applicant name can cause real issues. I once filed a trademark with a one-letter error. When we sent in proof of use, the examiner caught it. Luckily, since it didn’t change how the name looked to the public, they let us amend it. Close call. If the error had been bigger, we would’ve had to start over and eat the filing fees.
Another common question: What if I want to trademark a phrase for my brand, but I’m still waiting on approval? The good news is, as soon as you file, you have pending rights. You’ll get a serial number, and you can start using the ™ symbol. That tells others you’re claiming rights, even if it’s not registered yet. Once it’s approved, you can switch to the ® symbol.
Licensing comes up, too. With patents, you get four rights: to make, use, sell, and import. An exclusive license means only one company gets those rights. That’s powerful, but risky; you’re betting on one partner. If they don’t produce, you’re stuck, so you need a performance clause. A non-exclusive license lets multiple companies make or sell your invention, which can spread out the risk.
Same idea with trademarks, you can give one company exclusive rights to use your brand, or let several use it under non-exclusive deals.
Logos bring their own headaches. Some business owners ask if they can pay a designer with royalties, like giving them 5% of every T-shirt sold. Technically, sure, you can write any deal you want. But the usual (and safest) path is a work-for-hire agreement. You pay the designer, and in return, you own the logo outright, intellectual property, and all. Otherwise, you might find yourself arguing about who really owns the rights later.
Most reputable designers will also want the right to show the logo in their portfolio. That’s normal. But a professional knows not to post it online before you launch. I’ve seen that mistake more than once, and it can ruin the buildup you’ve worked so hard for.