What Are Trademarks
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Policies for the use of University of Wisconsin® Indicia Introduction In 1988, the University of Wisconsin-Madison (herein after referred to as the University) established a trademark licensing program to protect the use of its logos and insignias. This program is administered under the Chancellor’s Office. The Collegiate Licensing Company has been the University’s licensing agent since 1988. The Atlanta-based CLC oversees the use of trademarks on apparel and other merchandise for more than 200 universities, colleges, conferences, bowl games and the NCAA. The University has licensing agreements with approximately 500 companies. The University trademark licensing program has generated nearly $28.5 million in revenues since 1988. What is Collegiate Trademark Licensing? Among colleges and universities, countless third parties wish to associate themselves commercially with a school’s tremendous prestige and spirit. The University asserts ownership and all right, title, and interest in and to its indicia, which includes trademarks, service marks, trade names, designs, logos, seals, symbols, mascots, slogans and any other indicia that is associated with or refers to the University. The purpose of the Office of Trademark Licensing at the University is to protect and control the use of its indicia as well as the quality and appropriateness of products, promotions, and advertising upon which those indicia are used. Definitions Indicia – identifying marks. Insignia – a distinguishing sign. Trademark – a name, symbol, or other device identifying a product, officially registered and legally restricted to the use of the owner or manufacturer. Why is it Necessary? Licensing of University trademarks promotes and protects the image of the University as well as fulfills the needs of consumers wanting goods bearing University marks, symbols and insignias. Trademark licensing creates a cooperative and positive working relationship between the University, the manufacturers of approved and authorized products, and the retailers of these products. 1 Policies for the use of University of Wisconsin® Indicia How Does Collegiate Licensing Work? In return for the right to use the University name and marks on products, a University license requires a company (called a licensee) to sign a license agreement, which sets forth the specific rights and responsibilities of the school (the licensor) and the licensee. The University typically receives a 10% royalty. The royalty is based on the wholesale cost of the goods, and is in essence considered the “rental fee” for the use of the University’s trademarks on the product(s). Where Do Licensing Revenues Go? Licensed manufacturers pay the University a royalty on all products sold. These revenues are split by the Athletic Department and Bucky Grants, financial-aid scholarships for need-based University students. What is University Indicia? The University asserts ownership and all right, title, and interest in and to its indicia, which includes trademarks, service marks, mascots, images, slogans and any other indicia that is associated with or refers to the University. The Board of Regents of the University of Wisconsin System owns University indicia and the Office of Trademark Licensing oversees day-to-day use. Examples of University indicia include any graphic representation relating to the following: University of Wisconsin Wisconsin University of Wisconsin Madison UW-Madison University of Wisconsin Badgers Badger Badgers Wisconsin Badgers Bucky Badger Bucky Wisco Fifth Quarter UW W Kohl Center™ Camp Randall Stadium™ The Motion W logo (requires ) Bucky Badger logo (requires ) Logo of Bucky Badger head () Bucky Badger on W logo () Football helmet logo () Crest W logo () Numen Lumen seal () The director of trademark licensing will be the clearing entity for all of the above- mentioned indicia. 2 Policies for the use of University of Wisconsin® Indicia Are There Restrictions on Who Can Produce Items Using UW Trademarks? Yes. Only companies that are officially licensed by the University are permitted to produce items using University trademarks. Approximately 500 companies are licensed with the University. The Office of Trademark Licensing can assist you in providing information on licensed companies (www.licensing.wisc.edu). What Happens If A Trademark Is Used Without a License? It’s in the best interest of the University to legally protect its image through the trademark licensing program. Unauthorized use of University insignia may infringe upon the University’s trademark rights, punishable by law (15 U.S.C. 1125 and Chapter 132, Wisconsin Statutes). The University must enforce its legal rights, or ultimately it will lose the ability to control the use of its indicia. What Products May Be Licensed? The University will consider most products. However, no product will be licensed without the approval of the University’s trademark licensing director. The following products will not be licensed: • Alcoholic beverages—Distilled alcohol liquors, wines and malt liquors. • Inherently Dangerous Products—Such as firearms, explosives, and fuels. • Obscene or Disparaging Products—Including, but not limited to, nude photographs, caricature poster art or designs that would tend to lower the reputation or degrade the goodwill of the University as represented by the trademarks. • Sexually suggestive Products—Including, but not limited to, inappropriate slogans imprinted on clothing and the configuration of certain novelty items. • Business Names and/or Logos—All types. By assuring that products carrying University marks are of high quality and good taste, misrepresentation of the University is prevented and its reputation as a world-class university is maintained. The scrutiny of products also assures that the liabilities associated with products are minimized by not approving dangerous items. 3 Policies for the use of University of Wisconsin® Indicia How Do I Become Licensed with the University of Wisconsin Madison? For details concerning licensing, royalties, rates and products, contact the University’s licensing agent and ask for information about becoming a University of Wisconsin licensee: The Collegiate Licensing Company 290 Interstate North Circle, Suite 200 Atlanta, GA 30339 Phone: 770/956-0520 Fax: 770/955-4491 www.clc.com Questions also may be directed to: The Office of Trademark Licensing Cindy Van Matre University of Wisconsin Trademark Licensing Director Camp Randall Stadium [email protected] 1440 Monroe Street Madison, WI 53711 Phone: 608/265-1152 Laurie Lind Fax: 608/265-1154 Trademark Licensing Assistant www.wisc.edu/licensing [email protected] 4 Policies for the use of University of Wisconsin® Indicia What Rules Apply to the Use of Indicia by University Entities? University campus departments, camps, clubs and organizations are exempt from paying royalties if the merchandise purchased is for internal use and not for resale. Internal use items are usually office products. Apparel items generally are not for internal use. 1. University campus departments, camps, clubs or organizations are not exempt from royalties if the items are intended for resale, which means that individuals pay for the item or price of item is built into a fee (such as race entry fee). 2. University campus departments, camps, clubs or organizations are not exempt from royalties if the items are intended for resale. 3. University campus departments, camps, clubs and organizations may use University marks to promote their activities (i.e., posters advertising functions, brochures, stationery, etc.) but the Office of Trademark Licensing must approve all usage. 4. Purchases must be made from licensed or approved vendors to ensure quality, consistency and appropriateness of design on the goods. This is true even if purchases are exempt from royalties. 5. All uses of University indicia, whether for internal consumption, club shirts, camps, departmental use, etc., should be reviewed by the director of trademark licensing to ensure quality and consistency of product and application and proper use of designations. 6. Products or promotions that refer to current student-athletes enrolled at the University will not be approved unless the product or promotion is in compliance with NCAA regulations. 7. All University departments, clubs or organizations that produce publications shall require that advertisers of products bearing University indicia in publications or in athletic or special event programs must be licensed. 8. Promotional programs developed by departments, clubs or organizations will conform to University promotional and/or sponsorship licensing policies and procedures. What Rules Apply to Media or Informational Use of Indicia? 1. References to the University indicia by news media for informational purposes to identify the University are not subject to the licensing program. 2. A reference to University indicia in advertising by retailers or manufacturers requires the University's approval, as specified in the license agreement. 3. Retailers or licensed manufacturers may use pictures in advertisements showing licensed products with University indicia for sale without requiring approval. 4 Policies for the use of University of Wisconsin® Indicia 4. Schedule cards or posters that include the University's name, but no logos or slogans, are not subject to the licensing fee and are considered for informational use. Any use of University indicia, other than the name, shall require licensing, although the University may elect to