I designed a logo for a client and he didnt pay so I emailed him and he told me he had registered the logo with the UK Patent Office and officially I have no rights over it... He has sent me a screenshot to show he paid today but got two queries... How can you patent a Logo? Should it not be a trademark??? and How can he stake a claim on the logo which he doesnt own until I receive payment? am I right in saying I retain all rights until paid?
You should take the payment 1st, and never give a copy of that blue-print ever to your future client, act smart.
You prove you created it? IF so, go to the patent office and state your case. Yeah, it should be "WAS" a good friend. Scratch him off your christmas card list at once.
Seems like it will cost you more trouble and money then its worth. Put it down to experience and get a deposit next time. Cheers Umberto Tassoni
You can't patent a logo - that's nonsense. Logos could be covered by a copyright or trademark, but not a patent. However the Patent Office do handle trademarks, so he could have trademarked it and is just confused. You can oppose a trademark application, so I suggest you contact the Patent Office for advice. As for who owns it: did you have a contract with the guy? You should have had one which specifies who owns what and what happens if he doesn't pay.... I'm not sure what the situation is if you don't have a contract - you should speak to a lawyer.
It takes a long time to get a patent, and it cannot be done just for a logo. Sounds more like hes a cheapskate and a liar. Are you in the same country as him? If you aren't, just try and learn from the experience, as it would be very hard to get any money back. If he used the logo on a site, you could try and make a complaint to his hosting company about it, as copyright infringment, as you still own the copyright until he pays up.
Friends and business do not mix no matter how good a friend or businessman you are. Hope everything works out, at least you've learned something from the experience
If your designs aren't paid yet, add an unsightly watermark on it and remove it only after the client pays.