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A unique logo: exclusivity, assignment of rights and trademark filing

Generator or designer: how to know whether your logo is really yours, what the assignment of rights must contain and how to check prior trademarks.

Published on By The azokroma team2 min read
A unique logo: exclusivity, assignment of rights and trademark filing

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Many online logo generators offer the same symbol to thousands of customers, sometimes with slight variations. You get a file, not necessarily exclusivity. A possible result: a competitor with an almost identical logo, and no way to challenge it.

What an assignment of rights must contain

In France, an assignment of copyright must list each right assigned and set out its scope, purpose, place and duration (article L131-3 of the Intellectual Property Code). A serious contract therefore specifies:

  • the rights assigned: reproduction, representation, adaptation, distribution;
  • the media concerned (print, web, packaging, signage, textile…);
  • the territory (worldwide) and the duration;
  • the exclusive nature of the assignment and the seller’s commitment not to resell the same design;
  • the price and the moment of transfer (full payment).

On azokroma, every design that is bought is entered in an exclusivity register: it is removed from the catalogue and the templates, and the assignment contract is delivered with the files.

Check prior trademarks before launching

A logo can be visually unique and yet conflict with an existing trademark. Before you launch:

  1. Search for similar marks (name and logo) in the databases of the INPI (France), the EUIPO (European Union) and WIPO (international).
  2. Specify your classes: a trademark is protected for listed goods and services (Nice classification).
  3. File the trademark once the search is done: without filing, you have no monopoly on the name or the logo.
  4. Keep the evidence of creation and the assignment contract.

Frequently asked questions

Does a logo created with an online tool belong to me?

It depends on the service’s terms. Read the licence: it says whether you receive the assignment of rights, whether the design is exclusive, and whether you can register it as a trademark.

Should I register my logo with the INPI?

It is not mandatory, but without filing you do not benefit from trademark rights. For a lasting business, it is recommended.

What does an exclusive design mean?

The seller commits to no longer selling this design to anyone. The commitment must be written in the contract.

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Try it in azokroma

Pick a name, a symbol, colours and a font, then get an exclusive design removed from the catalogue the moment you buy it.

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