GOV-004: Use of the University's Federally Registered Trademark

Date: 09/16/2014 Status: Final
Policy Type: University
Oversight Executive: Executive Vice President and Chief Operating Officer
Applies To: Academic Division, the Medical Center, and University-Related Foundations.
Reason for Policy:

This policy describes the general guidelines for using the University's federally registered trademark. The University maintains a licensing program to:

  • protect and control the use of the University name, nicknames, trademarks, service marks, seals, indicia, logos, mottoes, and mascots;
  • promote the image of the University to the public as well as to the University community;
  • establish a cooperative relationship with licensees and to assist in developing a market for officially licensed products of the University of Virginia; and
  • provide unrestricted revenues in support of University programs.
Policy Summary:

The Rector and Visitors of the University of Virginia owns all of the names, nicknames, trademarks, services marks, seals, indicia, logos and mascots which relate to the University of Virginia or which members of the public reasonably believe relate to the University of Virginia. A licensing program has been established so that the public properly identifies and associates University logos on products bearing the institution's marks.

Definition of Terms in Statement:
  • Logo:

    A graphic representation or symbol of the University’s name, trademark, abbreviation, etc., often uniquely designed for ready recognition.

  • Trademark:

    Any name, symbol, figure, letter, word, or mark adopted and used by the University in order to designate institutional goods and to distinguish them from those manufactured or sold by others. A trademark is a proprietary term that is usually registered with the Patent and Trademark Office to assure its exclusive use by its owner.

Policy Statement:

A licensing program has been established so that the public properly identifies and associates University logos on products bearing the institution's marks. The Sports Promotions and Marketing Office administers the licensing program. The Office of Licensing and Trademark maintains the official inventory of University names, indicia and logos; approves and registers any new marks, logos, etc.; and maintains a list of licensees authorized to manufacture and distribute goods bearing the name, indicia, or logos of the University of Virginia.

All of the names, nicknames, trademarks, services marks, seals, indicia, logos and mascots which relate to the University of Virginia or which members of the public reasonably believe relate to the University of Virginia are owned by The Rector and Visitors of the University of Virginia. The University has registered many of its names, nicknames, marks, indicia and logos with the state and at the federal level.

The University of Virginia Bookstore (Bookstore) has been designated an independent licensee. The Bookstore approves its own UVa logo designs and has the authority to license its own merchandise for sale in its retail location(s) in conjunction with the University’s designated licensing agent.

  1. General Guidelines:
    Merchandise noted on the product list in Section 3a is specifically covered by this licensing policy where the University's name, indicia, logo, etc., are used. Changes in this list may occur. An updated merchandise listing may be obtained from the Sports Promotions and Marketing Office.

All University outlets are included in the licensing program. Therefore, all goods described on the product list using the University's name, indicia, logo or other official marks must be manufactured and distributed by licensees. All University-related Foundations involved in the sale of goods are subject to this policy. A list of licensees is maintained by the Office of Licensing and Trademark and only licensed goods can be held for resale. Goods covered by the policy and sold on Grounds, through University sales outlets, or through University-related Foundations must be manufactured and distributed by a licensee.

The University has entered into a contractual agreement with a licensing company to help administer the licensing program on a national basis. The licensing company acts as the University's agent to:

  • License one or more of the University's indicia with the marketing of various articles of merchandise described on the product list; and
  • To conduct special promotions.

Any commercial use of University indicia in any manner shall be approved and governed by the licensing program.

  1. Program Revenues:
    Program revenues are to be allocated annually at year-end as follows:
    • To cover the actual cost of administration in accordance with regular University budgeting procedures;
    • 50% of net revenue after the annual cost of administration to the Department of Athletics; and
    • 50% of net revenue after the annual cost of administration to the University's General Fund.

Revenues distributed to the Department of Athletics and the University's general fund will be subjected to the regular budget process.

    1. Guidelines to Administer the Program:
      The Office of Licensing and Trademark, a member of the Association of Collegiate Licensing Administrators (ACLA), is responsible for administering the licensing program for the University. The Licensing Director must approve all additions and/or revisions to the licensing program guidelines as well as any additions and/or changes to official University indicia.

    To help manage the licensing program, the University has retained the services of a licensing company. The services they provide include:

    • Knowing potential licensees (suppliers and manufacturers),
    • Providing licensing information to potential licensees,
    • Executing the licensing agreement with licensees,
    • Notifying retail outlets about the licensing program and recruiting their vendors,
    • Finding potential licensees from other schools and markets,
    • Attending manufacturers' trade shows,
    • Contacting local retailers to get their support,
    • Providing contact lists of current licensees to retail buyers,
    • Assisting in promotions such as with internal audiences (faculty, staff, students, and alumni) and the general public; helping with press releases and public presentations,
    • Searching for infringers,
    • Establishing a series of "Cease" letters, ending with intent to file suit,
    • Having "Officially Licensed Product" hangtags placed on licensed goods for sale,
    • Insuring timely payments by licensees,
    • Conducting on-site audits of licensees, and
    • Developing a national image by representing 200 of the nation’s top colleges, universities, bowl games, athletic conferences, the Heisman Trophy, and the NCAA.

    The Office of Licensing and Trademark proposes an annual operating budget for the licensing activity to the Department of Athletics and to the Executive Vice President & Chief Operating Officer as required. Annual operating expenses are covered from licensing revenues. Net revenues (after operating costs) are distributed to the Department of Athletics and the University.

    Any products which carry an approved mark or logo (or any deviation of University of Virginia indicia which would create confusion in the minds of the consumer that the product was originated or sponsored by the University) are covered by the licensing program. Products which support the academic mission of the institution, and products ordered by University departments with a purchase order for internal consumption (i.e., not sold at retail) shall be exempt from royalties; but the manufacturer must obtain the University's permission to use the indicia. More specifically, exempt items are listed as follows:

    • Spiral notebooks,
    • Filler paper,
    • Legal pads,
    • Academic and calendar year datebooks (assignment books),
    • Desk calendars,
    • Portfolios with and without pockets (folders),
    • Pad holders with and without pads,
    • Examination books, and
    • Binders.

    Many of the University trademarks and logos have been federally registered as well as with the state.

    1. Enforcement of the Licensing Program:
      There are two phases:

      Internal - participation by sales departments within the University is essential and will depend on support from vice presidential areas.

      External - participation by commercial sales outlets will be checked periodically by the Office of Licensing and Trademark and the contracted licensing company as part of the regular administrative responsibility for the program.

    The Office of Licensing and Trademark will develop an ongoing educational program to make local and regional vendors and consumers fully aware of the University's licensing program benefits and requirements.

    Product approval or disapproval must be communicated in writing to the licensing company within ten business days of receipt of the product from the licensing company or from the licensee.

    It has been determined by the University that the following products will NOT normally be licensed:

    • Alcoholic beverages and statements promoting the use of alcoholic beverages,
    • Bathroom articles (toilet seats, toilet paper, etc.),
    • Sexually suggestive statements or articles,
    • Statements infringing upon other schools,
    • Political, sexist, racist, religious products and/or statements,
    • Items of poor quality in relation to the proposed sale price,
    • Products bearing the name or likeness of or otherwise promoting a current University student-athlete,
    • Any item not meeting minimum standards of quality and good taste or having abnormal product liability possibilities (athletic equipment, food stuff, products that due to content are unusually short-lived) as determined by the Licensing Director.

    Licensing fees are a percentage of the manufacturer's selling price on items licensed for retail sales. In promotions, a higher royalty rate shall be charged on premiums. An additional-rights-fee may be charged depending upon the scope of the promotion and the amount of revenue projected from premiums used in the promotion. Certain promotions may be exempted from either royalties or rights fees based on other considerations received by the University through sponsorship or contributions. The licensing company should be made aware of such exceptions.

    1. Product List:
    Category Product
    1 Bags:
    Back Packs
    Tote
    Beverage (Thermo)
    Carrying and Luggage
    Special Purpose
    2 Bedroom Accessories:
    Bedspreads
    Draperies
    Sheets
    Blankets/Comforters
    3 Belt Buckles (with or without belt)
    4 Blankets:
    Stadium/Lap
    5 Button:
    Clothing
    Lapel (Enamel)
    6 Wall Calendars
    7 Car Accessories:
    Emblems
    Horns
    License Plate Frames
    8 Floor Coverings:
    Carpet
    Rugs
    Mats
    9 Christmas Accessories:
    Tree Ornaments
    Decorations
    10 Timepieces:
    Clocks
    Watches
    11 Toilet Goods:
    Colognes
    Cosmetics
    12 Electronic Devices:
    Phones
    Radios
    Calculators
    Musical Devices
    Ceiling Fans
    13 Furniture (Indoor & Outdoor):
    Chairs
    Tables
    Lounges
    Beds
    14 Headwear:
    Caps/Hats
    Knitted
    Formed
    15 Helmets: (special authorization)
    16 Illumination Devices:
    Lamps
    Flashlights
    Candles
    Matches
    Lighters
    17 Wall Hangings:
    Picture Frames
    Mirrors
    Posters
    18 Beverage Containers:
    Glassware
    Pewter Mugs
    Ceramic Mugs
    Temperature Retainer Vessels
    Insulator Covers
    19 Pillows/Cushions
    20 Plastic Containers:
    Cups
    Glasses
    Bowls
    21 Playing Cards
    22 Precious Metal:
    Charms
    Necklaces
    Bracelets
    Rings
    Earrings
    Tie Tack
    Coins
    Jefferson Cups not engraved with the official seal
    23 Shoes
    24 Shoe Laces
    25 Soap (Assorted)
    26 Stadium Seats
    27 Stationery Products
    28 Statuary and Artwork
    29 Transfers/Decals
    30 Sunglasses
    31 Bathroom, Kitchen or Cooking Accessories:
    Towels
    Aprons
    Trivets
    32 Toys, Games, Stuffed Animals
    33 Umbrellas
    34 Wallets and Purses
    35 Wastebaskets/Metal Trays
    36 Writing Instruments
    37 Sewing Kits & Needlepoint
    38 Wearing Apparel:
    Fleece Items
    Athletic Jerseys
    Warm-ups (non- fleece)
    Placarded Collared Shirts
    Non-collared Shirts (non-fleece)
    Shorts
    Jackets
    Infant Sets
    Sleepwear
    Pants
    Ties
    39 Rainwear
    40 Knitwear:
    Gloves/Mittens
    Scarfs
    Socks (see also headwear)
    41 Food Items
    42 Novelty:
    Pennants
    Key Chains
    Miscellaneous

     

    Related Information:

    University of Virginia Library Style Guide

    Major Category: Governance
    Approved by, Date: Policy Review Committee, 09/16/2014
    Supersedes (previous policy):
    XV.G.5, Using the University's Federally Registered Trademark.