How to Know If You’re Being Scammed Out of Your Hard-Earned Marketing and Advertising Dollars

Part 2: Your Brand Is Not Protected Unless You Own It

When people think of a “brand,” they often think of a logo or maybe a catchy slogan. But a true brand is much more than that. It’s the total identity of your business—how people remember you, how you show up in the world, and what your customers say about you when you’re not in the room. But here’s the catch: if you didn’t create your brand with ownership in mind, you don’t actually own it.

And that’s a dangerous place to be.

From stolen logos to copyright disputes, inconsistent visuals to generic templates that can’t be trademarked—this second part in our three-part series pulls the curtain back on branding scams and ignorance that cost small businesses their future.

What Is a Brand, Really?

Your brand is not your logo. It’s not your website. It’s not your colors.

It’s everything.

• Your logo, site icon, favicon

• Your typography (fonts used in your materials)

• Your voice, tone, and language

• Your mascot or avatar (think Geico’s Gecko or Progressive’s Flo)

• Your jingles or intro/outro animations

• Your email signature

• Your vehicle wraps

• Even your customer service tone and reputation

All of these elements, consistently used, build recognition and trust. And trust builds value. That’s why companies like Nike or Apple are worth billions—even without selling a single product. Their brand alone has equity.

But here’s where small businesses go wrong…

You Got Your Logo from Canva? You Might Not Own It.

Let’s start with the most common mistake: using Canva or other DIY design tools to create your logo. Canva is great for quick presentations or internal mockups, but here’s the harsh truth:

You cannot copyright or trademark something created using generic, non-exclusive templates.

That means:

• You cannot defend your logo in court.

• You cannot legally stop someone else from using something similar.

• You may run into trademark rejections at the state or federal level.

We see it often in trades: roofing companies using the same 3-roof icon, handyman logos with the same wrench-over-house imagery. If you used a template or a Fiverr designer who copied a template—you’re exposed.

Your logo must be original to be trademarked and owned. And originality starts with professional, licensed design.

Copyrights, Trademarks, and the Legal Stuff No One Told You

Did you register your logo with the Arizona Secretary of State?
Have you done a USPTO trademark search to ensure no one else is using your imagery, name, or likeness? If not, you might already be infringing.

Here’s the breakdown:

• Copyright protects original works of authorship (e.g., your logo, brand video, jingle).

• Trademark protects symbols, names, and slogans used in commerce.

Both can be vital. And neither is automatic.

Phoenix AZ Ad Agency and our sister company WebsitesAndEmail.com guide business owners through every step of local copyright registration, federal trademark searches, and filing—ensuring you’re not just building a brand, you’re protecting it.

Designers Own the Rights—Until They Don’t

Even if you hired an artist on Fiverr, Upwork, or a local freelancer to create a logo for you—you may not own it unless it’s spelled out in writing.

Unless the designer explicitly signs over the rights (called a “work-for-hire” agreement or license transfer), they legally retain ownership. And if your business takes off, that designer could come back and say:

“I want $10,000 now for the rights to that logo you’ve been using.”

And legally? They might win.

This is not rare—it’s happening every day to growing businesses who skipped the legalese. If you’re unsure, Phoenix AZ Ad Agency will audit your design contracts to verify that your intellectual property is truly yours.

Do You Have a Brand Guide? If Not, You’re Losing Consistency

Serious companies have brand guides. Multi-million-dollar brands have entire teams maintaining them. So ask yourself:

Do you have a document that outlines:

• Logo usage (and misuse)

• Brand color codes (HEX, CMYK, RGB)

• Fonts and type hierarchy

• Image styling and usage rules

• Voice and tone guidelines

• Mascots, icons, avatar behavior

• Web and print usage protocols

• Do’s and Don’ts of brand presentation

If the answer is no, you’re not in control of your brand—you’re improvising. And inconsistency is one of the biggest trust killers in marketing.

Phoenix AZ Ad Agency creates custom brand guides for clients who are ready to stop winging it and start scaling with precision. We make sure everyone on your team—from your web developer to your social media assistant—represents the brand the same way, every time.

Your Mascot or Avatar Is a Marketing Weapon—Own It

Think about Progressive’s Flo, Allstate’s Mayhem, or the Geico Gecko. These aren’t just cute ads—they’re highly strategic, long-term branding assets.

So ask yourself:

• Do you have a brand mascot or persona?

• Have you developed a recognizable character or spokesperson?

• Is it licensed, copyrighted, and original?

If not, we can help. Our creative development team at Phoenix AZ Ad Agency builds original character assets and walks you through copyright registration. It’s not just fun—it’s a business decision that drives memorability and trust.

Your Brand = Your Business Equity

What would an investor or buyer actually be buying if they purchased your business?

Not your hammer. Not your truck. They’re buying your brand.

They’re buying your reputation. Your process. Your visuals. Your customer loyalty. The system behind the service.

That’s why protecting, owning, and building your brand is a mission-critical investment, not a “nice-to-have.”

The Danger of Cheap Growth: The Scam You Didn’t See Coming

A few hundred bucks for a logo? A Fiverr video for your YouTube intro? A cheap branding kit from Etsy?

It all seems harmless… until the lawsuits hit.

Let’s be clear:

• Stock assets used improperly can result in copyright infringement.

• Designers can legally demand royalties if you didn’t get usage rights.

• You can be sued for using unlicensed music, fonts, or video clips.

Protecting your brand starts with working with professionals who:

• Design custom, original assets

• Transfer all IP rights to you, in writing

• Help you register copyrights and trademarks

That’s what we do at Phoenix AZ Ad Agency. Because once you’ve been hit with a legal notice, it’s too late to “fix it cheap.”

Is Your Brand Actually Yours? Let’s Make Sure It Is.

Your brand is more than just a logo—it’s the value of your entire business. If you’re not 100% sure who owns your design files, your trademark, or your visual identity, you’re gambling with your future.

At Phoenix AZ Ad Agency, we help you build and protect a brand that’s legally yours, unmistakably original, and ready to grow.

👉 Schedule a brand ownership audit at www.phoenixazadagency.com
👉 Learn how to register your copyright and trademark with our support
👉 Ask us about custom brand guides and full legal rights transfers

Don’t just build a brand—own it outright. We’ll help you make it happen.

Media Contact:
Jason Patrick Kelly
Owner, Phoenix AZ Ad Agency
jason@phoenixazadagency.com
www.phoenixazadagency.com