October 1, 2026

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Hello Reader,

Someone on a team comes up with a great brand name. Another person develops the logo. The business pays for the website and starts using the brand. Who owns the trademark?

A recent decision involving the BIRTH JUSTICE logo shows why the answer takes more than identifying the person who had the idea.

An attorney conceived the brand and registered its domain before joining a law firm. The completed logo was then developed and used within her employment to promote the firm’s legal services. When she applied to register it in her own name, the firm opposed the application.

The Trademark Trial and Appeal Board sustained the opposition. On these facts, her creative contribution and domain registration did not establish personal trademark ownership; the use within her job benefited the firm.

My practical takeaway: make ownership part of the brand’s planning.

For a business developing a new brand, I would want the records to answer three questions:

• Which person or legal entity will own and use the trademark?
• What do the employee, founder, or contractor agreements say about ownership and permitted use?
• Do the application, business records, and launch materials tell a consistent story?

This case does not mean every employer automatically owns every employee’s brand. It also did not decide copyright ownership in the artwork. Those questions need their own facts and agreements.

A useful brand file contains more than the finished logo. It also records who owns the brand and how that ownership was established.

Read the BIRTH JUSTICE ruling

Best,

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

Trademarks Registered This Week

Here are the trademarks our firm helped register this week: