Patent Attorney and Founder
So here’s the deal. In trademark law, everything falls into one of 45 different classes, covering stuff like legal services, clothing, online retail, and even your grandma’s purse. No joke.
Now, say you hired someone to design a logo. You didn’t pay them. Contract gets voided. But then… You use that logo anyway and even try to trademark it.
Messy situation. Happens more than you’d think.
Here’s what typically goes down:
- A business hires a designer, maybe for a logo, a product package, or a full brand kit.
- Things fall apart. Payment issues. Miscommunication.
- The designer walks away, thinking they still own the artwork.
- The business starts using the work anyway… and maybe even files a trademark.
Now, if there was a contract, I’d want to see it. Especially any section about ownership and what happens if the contract is broken.
If it was truly a work made for hire, then the business likely owns the rights. But if it wasn’t, and there’s no assignment, the artist might still hold copyright. That’s where things get tricky.
This becomes a state-level legal issue more than a federal one. The USPTO (where trademarks are filed) doesn’t really want to get involved in disputes over who owns what in a broken contract. They care about who used the mark first and who filed it.
So what’s the artist’s move?
- They might have a copyright infringement claim, especially if there’s no valid contract and their work was used commercially.
- Or they might sue for unpaid compensation or breach of an NDA (if there was one).
- They can’t just go to the USPTO and expect them to sort it out. That’s not how it works.
Switching gears to patent research…
Someone asked: “How do I find all the patents owned by a big company, when they file under different names or subsidiaries?”
Good question. Here’s the short version:
- Don’t rely only on tools like Lens.org. They’re useful but not perfect.
- Try Google Patents or the USPTO’s Patent Center. It got a big update recently.
- Use the “Assignee” field in your search; that’s the legal owner of the patent. That’ll usually be the corporation, not the individual inventor.
- Watch for variations in the company name (like “Inc.” vs. “LLC”) and search them all.
You’d be surprised how many companies forget to tidy this up. That’s why it’s tricky.
Now back to trademarks…
Here’s a common question: If I have a trademark in one class, does that protect me in all classes?
Nope. That’s a myth.
There are 45 classes total. The first 34 cover products. The rest (35–45) are for services.
If you register in just one class, your rights only extend to that specific category. That said, some classes are closely related, like apparel and jewelry. If you’re in one, you might be safe in the other, but not always.
Same goes for software:
- One class covers downloadable apps.
- Another covers cloud-based platforms (like SaaS).
They’re filed separately but can overlap in protection, depending on how you’re using the mark.
Best practice? If you can afford it, file in multiple classes. But be strategic. Filing too many in one application can cause major delays if anything gets flagged. That’s why I usually file each class separately, it’s easier to manage and defend later.
Now, let’s look at a real-life clothing brand issue.
Someone launched a streetwear brand called Dog Krew (with a K). They’d been working on designs, set up social media, even started talking to manufacturers. But before they filed a trademark, someone else registered Dog Crew (with a C) for clothing.
That person beat them to it with an Intent-To-Use (ITU) application.
Unfortunately, that’s enough.
If you wait too long to file, or don’t file at all, someone else can take the name, even if you were already using it casually. Filing an ITU holds your spot at the USPTO. That’s why timing is critical.
If there’s an NDA involved or some shady business between the two parties, there might be another legal angle, but that’s a different fight.
Moral of the story:
- If you’re working with artists or designers, get your contracts in order.
- Don’t skip the trademark filing, especially if you’re building a brand.
- And if you’re researching patents? Dig deep. Don’t trust one source.