
Do i need to be the creator of a logo in order to patent it?
My business has been using a logo of a place for about 20 years on clothing and gifts. The logo is not patented by anyone as far as I can tell, and the person who created it is dead – can anyone claim rights to it? Can I patent it and reserve it for my use only?
My guess is you are talking about trademark. A logo cannot be patent. Trademark is a tricky things, and there are 36 classes of goods or services for the purpose of using a trademark. For example, if I registered “ABC” trademark for shoe (a goods), then Trademark office may also grant the same “ABC” for another person to operate a restaurant (a service). You check with a legal attorney who specialized in trademark registration.
Now, referring to the creator of the ‘logo’, if you never paid for the logo (not as an employer or buy out the right), then the creator had the copyright of the logo. The copyright will lapse 50 to 75 years (depending on the different country) after the death of the creator, that is, you have to pay to the estate of the creator.
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