Private members-only forum

Can I Trademark a Logo I Made With Midjourney? Client Asking About IP Ownership

Started by ashley_m_20 · May 6, 2025 · 5 replies
For informational purposes only. This is not legal advice.
DA
ashley_m_20OP

I'm a freelance designer. I used Midjourney to generate initial concepts for a client's logo, then heavily modified the output in Illustrator — changed colors, simplified shapes, added custom typography. The final logo is maybe 30% AI-generated and 70% my modifications.

Client wants to trademark it. Can they? And who owns the copyright — me, the client, or Midjourney?

DA
ashley_m_20OP

That's a good idea. The AI-generated portion is really just the overall layout concept at this point. I could redraw it from scratch and cite the Midjourney output as "reference material" rather than a derivative work. Would that be cleaner?

HR
citylawyer_6

Not gonna lie, don't forget Midjourney's own ToS. Under their terms, paid subscribers own the outputs they generate. But that "ownership" is limited by copyright law — you can't own what can't be copyrighted. It's a license to use, not a copyright assignment ngl.

PS
phil_s_13

Created a logo using Midjourney as a starting point, then extensively modified it in Illustrator — redrew the shapes as vectors, changed colors, adjusted proportions, added custom typography. The final logo looks nothing like the raw Midjourney output. Is this logo copyrightable? And can I register it as a trademark?

PL
Patrick_L_6 Attorney

@phil_s_13 — Two separate questions with different answers. Copyright: Based on your description of extensive modification, the final logo likely qualifies for copyright as an AI-assisted work with sufficient human authorship. Your creative choices in redrawing, recoloring, and designing typography are protectable expression. Trademark: This is actually the better path. Trademark registration requires distinctiveness and use in commerce — it doesn't require copyright. You can register an AI-assisted logo as a trademark if it functions as a source identifier for your goods/services. The USPTO hasn't prohibited AI-assisted designs from trademark registration. I'd recommend pursuing trademark registration (which protects the logo as a brand identifier) as your primary IP strategy, with copyright as a secondary protection.

MWF
nursing_life_9 Contributor

Three things I wish I knew before my dispute: (1) Save copies of all communications in multiple places, (2) Send important correspondence via certified mail with return receipt, (3) Keep a detailed timeline of events. These three things won my case.