I paid for my logo. Do I also have the rights to register it as a trademark?

The short answer

A paid invoice does not establish which rights you have in a logo. The agreement and its scope are decisive. Copyright in the design, permission to use it and a later trademark registration are separate questions. Clarify them before the logo appears on packaging, signs and in the trademark register.

Distinguish the file, authorship and usage rights

Under Swiss law, the author is generally the individual who created the work. Not every simple sign meets the requirements for copyright protection. Where a design is protected, however, acquiring the file or original does not automatically transfer all copyright powers.

Ask specifically about commercial use, permitted media, geographical scope and duration. A file may be technically usable anywhere even though the agreed permission is narrower.

Sources: Copyright Act, particularly Articles 6 and 16

The agreement should fit your business

Rights can be transferred or permission to use them can be granted through a licence. An agreement can also be made orally or by implication. The absence of a signed assignment therefore does not necessarily mean that no rights exist. Clearly documented agreements nevertheless help avoid later difficulties with evidence.

Record whether changes, a trademark application and use by associated companies or distribution partners should be covered. An author's moral rights cannot simply be sold like a file. Also ask whether fonts, images or subcontracted work were involved.

Sources: IPI: Transferring copyright · IPI: Transfer of rights and licensing

Record the exact design before filing

Keep an identifiable final version together with the corresponding quotation, invoice, approval and rights agreement. If there were several design rounds, it should be clear which version was accepted. This makes it easier to explain later what a consent covered.

A trademark application does not replace missing permission from the designer. A short confirmation of the intended uses is therefore useful when preparing to file. If anything is unclear, resolve the contractual position before placing substantial print orders or submitting the application.

Sources: Copyright Act, particularly Articles 6 and 16 · IPI: Transfer of rights and licensing

What you can do now

  • Keep the contract and approved logo version together.
  • Explicitly clarify changes, trademark registration and use by partners.
  • Document third-party fonts, images and other authors.

Frequently asked questions

Is an email from the designer enough?

A rights agreement does not always require a formal document. Its content and the ability to prove it matter. A clear email can help; a general statement such as 'everything is sorted' says little about scope and exceptions.

Sources: IPI: Transferring copyright

Can the designer remain the author even after being paid?

Yes. Authorship and transferred economic rights are different. Extensive permission to use a design does not make the client the person who created it.

Sources: Copyright Act, particularly Articles 6 and 16 · IPI: Transferring copyright

Prepare your cleared logo for trademark registration

Once rights in the design are clear, you can start your trademark application with the final logo file and your goods or services.

CHF 599for your first trademark in Switzerland

CHF 249 service fee including VAT + CHF 350 IPI fee. Up to 3 classes.

Non-binding enquiry. Submitting does not place an order.

View services and pricing

Sources and context

This article explains general principles. Whether and how your sign can be protected depends on the sign, the goods and services concerned, and earlier rights.

  1. Copyright Act, particularly Articles 6 and 16 ↗www.fedlex.admin.ch
  2. IPI: Transferring copyright ↗www.ige.ch
  3. IPI: Transfer of rights and licensing ↗www.ige.ch