What Are the Legal Considerations for Logo Design?

Oct 22

You’ve got a logo you love. It’s sleek, professional, and it finally feels right for your brand.
But is it legally protected? Can someone else use it? And what if you accidentally copied someone else’s without realizing?

Logo design isn’t just a creative process — it’s a legal one, too.
Here’s what every business owner in Windsor, Toronto, Hamilton, and Detroit needs to know before putting that logo out into the world.

1. You don’t automatically own your logo just because you paid for it.

Let’s start with the biggest myth: ownership doesn’t come from payment.
If you worked with a designer or agency and didn’t sign a contract that assigns rights to you, they may still legally own the design — even if you paid in full.

At Buttered Branding, we include full commercial rights in all of our packages, but not every designer does. Always ask for a written transfer of rights.

2. You need to make sure it’s original — or risk copyright infringement.

Many DIY logo tools, Fiverr gigs, or even lazy freelancers reuse stock icons or pre-made templates.
That puts your brand at risk. If your logo looks too similar to an existing design (especially within your industry), you could be hit with a cease-and-desist or worse.

Original design matters — legally and strategically.

3. Registering a trademark gives you real protection.

A trademark is your legal backup. It prevents others from using a confusingly similar logo and allows you to take legal action if they do.

For businesses in Canada and the U.S., here’s what to know:

Canada: Apply through the Canadian Intellectual Property Office (CIPO). It can take 12–18 months.
U.S.: Apply through the USPTO. Timeline is similar, but faster with a strong application.

We recommend registering your logo after it’s finalized and in use — and always consult a trademark lawyer to avoid costly missteps.

4. Your logo should be designed with trademarking in mind.

Not every logo can be protected. The more unique and distinctive your logo is, the more likely it is to be approved.
Logos that are purely descriptive or generic (like using a tooth for a dentist or a house for a realtor) can be rejected.

At Buttered Branding, we design with trademarking in mind — especially for clients in highly competitive cities like Detroit and Toronto. No cookie-cutter marks here.

5. You need the right file types and a usage license.

Your logo package should include vector files (like .AI or .EPS), transparent PNGs, and high-res JPEGs.
But equally important is a license agreement that clearly states you have the right to use these files for all marketing, advertising, and commercial use.

If your designer only gave you a JPG? Red flag.

TL;DR:

Don’t just think “pretty” — think protected.
If your logo isn’t original, licensed properly, or trademark-ready, you’re opening your business up to legal headaches down the line.

Need help creating a logo that looks incredible and keeps you protected?

Let’s talk. Our brand design packages are built to set you up for growth — not risk.