Who Owns a Logo Made by a Designer
You ordered a logo, paid for it, printed it on your packaging and launched your product listings on marketplaces. Yet legally it belongs to the designer. Here is a plain-language explanation of how this happens and what to do about it.
- 16,874 trademark applications were filed in Kazakhstan in 2025, according to KAZPATENT data
- +53% in two years: in 2023 there were 11,008 applications
- 7–9 months is how long trademark registration takes, and all that time the logo has to be right
- 0 registrations are needed for copyright in the design to arise: it appears automatically
The 30-second summary
A logo belongs to whoever drew it until the rights are transferred to you under a written contract, and paying for the work does not replace that contract. Under the law, any rights not expressly named in a copyright agreement are deemed not transferred (Article 32 of the Law of the Republic of Kazakhstan “On Copyright and Related Rights”). So before filing a trademark application, check that your contract with the designer specifies the ways of use, the term and the territory.
This is general information, not legal advice on your specific case. We checked the legal provisions against the text of the law, linked at the end. It is best to show your actual contract to a lawyer.
A typical story
You found a designer, they drew a logo, you transferred the money. The logo is on your packaging, your website and your Kaspi listings. The brand is growing. A year later you decide to register a trademark, ask the designer for the source files and hear: “You never paid me for those.”
You paid. You use the logo. And yet you are not its right holder. This is no accident: you pay for the work under one arrangement, while the rights to the result are transferred under another document. If that document does not exist, the rights stay with the author.
Four reasons, in a nutshell
- The right arises for whoever drew it. Not for whoever ordered and paid. It arises automatically, without registration.
- Payment does not transfer rights. Rights pass only under a written contract. Money for the work and rights to the result are two separate transactions.
- The contract lacks the essentials. The law requires you to state exactly how the logo may be used, for what term and in what territory. Whatever is not in the contract, you do not have.
- A trademark does not cure the problem. Registering a trademark protects the sign in business, while the rights to the design itself stay with the author until they transfer them.
Below we look at each reason separately. But first, a short digression without which the rest will not make sense.
How it works: a logo is like an apartment
The most useful thing to understand about copyright is that it works like an apartment. The designer built it, and it is registered in their name. You paid for the work, the way you pay for a renovation. But a renovation does not make you the owner. To become the owner, you need a transaction made in writing.
Paying a designer and assuming the logo rights are now yours is like paying a contractor for a renovation and assuming the apartment is now yours. You pay the contractor for their labour, while ownership is transferred by a separate document.
The rights to any work, including a logo, fall into two types:
- Moral rights (Article 15 of the Law). The right to be named as the author, among others. They are inalienable: they remain with the person who created the work and cannot be transferred.
- Economic rights (Article 16 of the Law). The right to use the work in any form and by any means: to reproduce it, put it on packaging, in advertising, on a website and on marketplaces. They can be assigned in whole or in part (Article 31), and these are the rights you need to obtain from the designer.
This shows right away what can go wrong. Only three things: there is no contract at all; there is a contract, but it lacks the necessary terms; or the contract was signed with the wrong person. Below we show how this looks in practice.
Reason 1: the right arises for whoever drew it
Copyright in a logo arises automatically, at the moment of creation. The design does not need to be registered: it is enough that it reflects the author’s creative contribution.
And here is the catch. The right arises for the person who drew the logo, not for the person who paid for it. This rule applies to everything you order from contractors: product photos for listings, website copy, videos, packaging design.
So the moment the designer sent you the file and you transferred the money decides nothing legally. You received an image and permission to use it, if that was implied. The rights to it are not yet yours.
Reason 2: payment does not transfer rights
A copyright agreement is concluded in writing (Article 32 of the Law). The rights to the logo pass to you only under such an agreement, not because you paid and received the file. A payment receipt and messenger chats usually contain no terms on rights: ways of use, term and territory. Treating them as a transfer of rights is risky.
In practice it looks different from case to case. The three most common stories:
| Situation | The risk | What to do |
|---|---|---|
| A freelancer without a contract. Found on social media or a freelance platform, paid by card | The rights stay with the author. They can demand extra payment or prohibit use | Sign a rights transfer agreement. If you worked through a platform, read its terms |
| A studio or agency. The contract is signed, but with a company | Does the studio hold the rights from the designer themselves? If not, it cannot transfer them to you | Ask how the studio’s relationship with the author is documented and have it recorded |
| A friend did it “as a favour”. No payment, no paperwork | The most fragile option: after a falling-out or once the brand grows, the rights may become a matter of dispute | Formalise the transfer of rights now, while relations are good |
A separate case is when the logo is drawn by your own employee. Different rules apply there, because the work is created as part of their job duties. We will cover this in the next article in the series.
Reason 3: the contract lacks key clauses
Suppose there is a contract. That is better than nothing, but mistakes are still possible. The law requires a copyright agreement to specify the ways the work may be used, as well as the term and territory for which the rights are transferred (Article 32 of the Law).
This is not a figure of speech but a rule of law: rights to use a work that are not expressly transferred under a copyright agreement are deemed not transferred (Article 32). If the contract says “use on the website”, printing on packaging is already in question. Check six clauses:
| Contract clause | What to write | Risk if it is missing |
|---|---|---|
| What is transferred | Exclusive economic rights to the logo in full | Unless expressly stated, the rights are deemed non-exclusive (Article 31): the author may transfer the same logo to others |
| Ways of use | Website, social media, packaging, advertising, marketplaces, print, trademark registration | Any use not named in the contract remains without the author’s permission |
| Term | Perpetual or a specific term | If there is no term, the author may terminate the contract after one year with three months’ written notice |
| Territory | Kazakhstan or worldwide | If not specified, the rights are valid only in Kazakhstan |
| Remuneration | The amount and payment terms, plus a statement that the payment covers the transfer of rights | A dispute over what you actually paid for |
| Warranty of authorship | The author confirms they created the logo themselves and did not copy anyone else’s | The risk that the logo turns out to be someone else’s work, with you bearing the liability |
Separately, include the right to modify the logo and the right to file it for registration as a trademark. Then a rebrand or a registration will not require the author’s fresh consent.
Reason 4: a trademark does not cure the problem
People often think: I will register a trademark and the logo issue is closed. It is not, because copyright and a trademark protect different things.
| Copyright | Trademark | |
|---|---|---|
| What it protects | The design itself against copying | The sign in business, for specific goods and services |
| How it arises | Automatically, upon creation | Only after registration |
| Who owns it | The author, until transferred to you | Whoever it is registered to |
| How long to wait | Not at all | Registration takes 7–9 months |
For a marketplace seller, the trademark matters more: it is what gives you tools against competitors who appear next to your listing. But registering a trademark does not cancel the author’s rights to the design. If the logo rights are not formalised, you will get a trademark built on disputed ground.
So the order is: first secure the logo rights, then check the name and file the trademark application. This matters especially now: trademark applications in Kazakhstan have grown by 53% in two years, and there are ever more competitors who want to claim a name before you do.
What to do if there is no contract
The situation can be fixed, especially before you have registered a trademark and invested in packaging and advertising. Here is what to do.
- Find the author. Contact the designer or studio and offer to formalise the transfer of rights. Most people are willing to help, especially once you explain that it is needed for a trademark registration.
- Sign the contract now. The transfer of rights is made by a written contract stating the ways of use, the term and the territory. Use the real date: a backdated contract creates new risks.
- Gather evidence. The source files from the graphics editor (not just the image), sketches and versions, dated correspondence, payment documents and the acceptance certificate.
- If the author cannot be found. Assess how much you have already invested in the logo. If not much, it is cheaper to order a new one under a proper contract than to build a brand on disputed rights.
- Do not wait until the trademark registration. Settle the rights before filing the application and before major investments in the brand.
You can also enter information about the work in the State Register of Rights to Copyright-Protected Objects: it is maintained by KAZPATENT, and a certificate serves as confirmation (Article 9-1 of the Law). This is optional, but the certificate helps prove who owns the rights.
If the logo was ordered through a freelance platform, read the platform’s terms: sometimes they already provide for a transfer of rights, sometimes not. A lawyer can help you draft a rights transfer agreement or review an existing one.
What this means for you
All of this may sound like fine points for lawyers, but it affects your business in very concrete ways. Four things we would keep in mind.
If you sell on a marketplace. The logo and the name are the foundation of your listing. If the logo rights belong to the designer and there is no trademark, you depend on two things at once: the author’s goodwill and whether a competitor takes your name first.
If you have not ordered a logo yet. This is the cheapest moment to settle the issue: ask straight away for a contract with a transfer of rights, ways of use, term and territory. It is a single document of one or two pages.
If you have a logo but no contract. Do not wait for the brand to grow. The more you have invested in packaging and advertising, the more expensive the conversation with the author becomes.
If you plan to register a trademark. Logo rights first, then a name check, then the application. In this order the risk of refusal and disputes is lower. If the examiner does refuse, see our article on trademark registration refusal.
Our view
To sum it up in one thought: a logo is protected not when it has been drawn and paid for, but when the rights to it have been formalised in your name in writing. And this is quite a different story from “the designer cheated us”. Most often nobody cheats anybody: the parties simply did not know that paying and transferring rights are two different actions.
This is not about paperwork for its own sake. A logo is the face of a brand, and the brand is often a small business’s main asset. Formalising the rights costs incomparably less than buying them back from the author later, going to court or replacing packaging, the website and marketplace listings.
Once again, to avoid any misunderstanding: everything written here is general information, not individual legal advice. Legislation changes, and every contract has details that can change the conclusion. We checked the provisions against the Law of the Republic of Kazakhstan No. 6-I of 10 June 1996 “On Copyright and Related Rights”; the application statistics are KAZPATENT data.
Contact KORGAN
KORGAN law firm has been in business since 2014. Its founder Saken Eshmuratov is responsible for the overall management of the firm, while a team of lawyers handles your matters: from contracts to trademark registration and intellectual property protection in court.
If you are not sure the logo belongs to you, call or message us. The first consultation is free: we will look at your contract with the designer and tell you what to fix.
Phone and WhatsApp: +7 700 500 05 53
Or message us on WhatsApp. Other contacts are on our contacts page.
If your logo rights are in order, the next step is a name check before filing the trademark application. It costs KZT 20,000 and takes 2 business days: you will find out whether there is a risk of refusal before you pay the state fees.
Next in the series: who owns work created by employees and freelancers, and the one paragraph in a contract that will protect your business.
Frequently asked questions
If I paid the designer, is the logo mine?
No, payment alone does not transfer rights. Rights pass to you under a written copyright agreement, and any rights not expressly named in it are deemed not transferred (Article 32 of the Law of the Republic of Kazakhstan “On Copyright and Related Rights”).
Do I need to register a logo for it to be protected?
No. Copyright arises when the work is created, without registration. You may optionally enter information about it in the State Register of Rights to Copyright-Protected Objects: it is maintained by KAZPATENT, and a certificate serves as confirmation (Article 9-1 of the Law).
Does the contract with the designer have to be registered with the state?
No. The law requires a copyright agreement to be in writing (Article 32), but does not provide for its state registration. A written contract signed by the parties is enough.
How long do the rights to a logo last?
Copyright lasts for the author’s lifetime plus 70 years after their death (Article 28 of the Law). But the term for which the rights are transferred to you is set by the contract. If the contract does not specify a term, the author may terminate it after one year with three months’ written notice.
Can I file a trademark application if the designer holds the logo rights?
Formally you can file, but registering a trademark does not cancel the author’s rights to the design, so a dispute is possible. It is safer to secure the logo rights first, then check the name and file the application.
What if the designer cannot be found?
Gather the source files, correspondence and payment documents, assess how much you have invested in the brand, and decide which is cheaper: formalising the rights another way or ordering a new logo under a proper contract. It is best to show the situation to a lawyer before filing the trademark application.