Legal Question in Intellectual Property in Washington

Ownership of images

Hello,

I am part of a performing arts group. 4 years ago an associate of the group created a graphic we now use. He wasn't paid for it and didn't expect to be. I would like to pay him out of sheer appreciation. I also want to own and trademark the image so no one can claim it or copy it in the future. We may also use it for merchandising.

1) If i pay him, does he have to sign a contract to legally divest himself of all interest in the image?

2) Can I as an individual, own and trademark it, or does it have to be done by a company?

3) How does one trademark an image?


Asked on 1/29/05, 5:42 pm

1 Answer from Attorneys
Justin Lampel Lampel & Associates, P.C.

Re: Ownership of images

It is advisable that you receive an "Assignment" of the intellectual property rights in the trademark in writing. Yes, you as an individual may own it. Finally, you would want to file a trademark application in the United States Trademark Office. You can find out more info at www.uspto.gov or call me at (847)845-4345. Hope this helped, Justin Lampel

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Answered on 1/29/05, 6:43 pm


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