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J.J. Lee, Trademark Attorney

Contractors, White-Label, and Ownership: Who Owns the Mark?

Published about 2 months ago • 1 min read

December 1, 2025

Hello Reader,

Most brand owners assume that because they paid for a logo, website, or product design — they automatically own it.

Unfortunately, that’s not always true.

In the trademark world, ownership isn’t determined by who paid the invoice — it’s determined by who controls the use and quality of the mark in commerce. And that’s where contractor and white-label relationships can get messy.

Let’s say you hired a marketing agency to design your logo or a manufacturer to produce goods under your name. Without the right agreement, the person or company doing the work could technically claim partial rights to your mark.

Here’s how to avoid that headache:

1️⃣ Put ownership in writing.​
Every contract with a designer, developer, or manufacturer should include a clause that assigns all trademark and related IP rights to you or your business entity.

2️⃣ Control how the mark is used.​
Make sure you’re the one approving packaging, ads, or social content that display your mark. Trademark ownership flows to whoever controls the brand’s reputation and quality standards.

3️⃣ Register under the correct owner.​
If your company, not you personally, owns the trademark, make sure the USPTO filing reflects that. Incorrect ownership can invalidate an otherwise strong registration.

The bottom line? If someone outside your company touches your brand assets — contract it, clarify it, and control it.

Keep Your Brand Safe and Protected,

J.J. Lee and the Trademark Lawyer Law Firm Team!

P.S. Even well-intentioned vendors can accidentally claim rights if ownership isn’t clearly spelled out. This checklist keeps you in control — before your next invoice goes out.

J.J. Lee, Trademark Attorney

Protecting your Brand and Trademark Since 2007 and over 7,000 Trademark Registrations.

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