| |
| What is a Trademark? |
| A trademark (or mark) is any logo, symbol, nickname, letter(s), word, slogan or derivative used by an organization, company or institution to identify its goods/services and distinguish them from other entities or competitors. Any reference to the College or trademarks adopted hereafter and used or approved for use by Saint Mary's College shall be subject to the policies and procedures of the College's licensing program. Additionally, any derivations of the College's marks which would cause consumers to erroneously believe that the product originated from or was sponsored or authorized by the College shall also be covered by the trademark licensing program policies and procedures. |
| |
| What are the University's Registered Marks? |
A. The following marks are federally registered in the name of Saint Mary's College and should be represented with a ®: - Verbiage - Saint Mary's College
- Logo(s)
- Gaels mascot character (in development)
B. The following marks are registered with the State of California in the name of Saint Mary's College and should be represented with a TM: - Verbiage - Saint Mary's College, Gaels
- Logos - Saint Mary's College, Saint Mary's Athletics, Gael Knotwork, Saint Mary's College Seal.
|
| |
| Licensing Process |
| The basic requirements for licensing include completing the licensing application, providing proof of product liability insurance (minimum $1,000,000), signing a license agreement, obtaining product and design approval from the College through SMA, and reporting royalties on the sale of Saint Mary's merchandise. Application - Log on to the Learfield Licensing Partners website (www.smaworks.com)
- Click on the "Licensing Services" link along the top navigation bar
Licensees must indemnify and hold harmless Saint Mary's College, its Regents, officers, employees, and agents for any liability attributable to any of the licensee's products bearing the trademarks of the College. A 10% royalty fee is required. Other rates may be negotiated for different types of licenses or the fee may be waived if it is in the best interests of the College. |
| |
| What will not be licensed? |
- Business Names and or Logos - All types
- Stationery - Business-size, letterhead paper using the name or seal of Saint Mary's College or any of the College's logos
- Certificates of Recognition - using the name or seal of Saint Mary's College or College's logo(s)
- 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 College 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
- Health Related Products - All types
- Services - except in accordance with the special requirements of the Office of General Counsel applicable to services
|
| |
| Trademark Usage Policies |
Reproduction of all registered marks, which identify Saint Mary's College, may not be used without the prior expressed written approval of the University. - Registration will primarily be maintained in the United States, and also internationally if significant markets arise.
- Licenses will not be granted for the use of distinct marks on products that are not compatible with the image of the University as a major institution for education, research and public service.
- The University and Strategic Marketing Affiliates will enforce restrictions on the use of registered marks by unlicensed vendors. Unlicensed vendors, who sell goods bearing University registered marks, will be required to obtain a license and pay royalties, or withdraw the goods from sale.
- Registered student organizations (RSO) may use the College's registered marks when used in connection with a group activity, provided items are acquired from a licensed vendor. A sample or drawing needs to be provided showing how the University's registered marks are to be used before production of the merchandise can proceed. This sample will be submitted by the licensed vendor selected by the Saint Mary's College registered student organization.
- Departments of Saint Mary's College may use the University's registered marks on merchandise, provided items are acquired from a licensed vendor. A sample or drawing needs to be provided showing how the University's registered marks are to be used before production of the merchandise can proceed. This sample will be submitted by the licensed vendor selected by the Saint Mary's College department.
- Athletic conferences in which the University holds membership will be allowed to use all University registered marks associated with the athletic teams. There will be no payment of royalties when College registered marks are used in the media or on non-commercial promotional items that include registered marks of the conference and/or other member institutions.
|
| |
| Policies and Guidelines for Saint Mary's College (in-house) use |
| In-house use: Registered student organizations, student sports teams, resident hall organizations and university departments may use any College registered marks for "in-house" purposes (such as posters, signs, banners, brochures) that deal with on-campus activities. Such use must reflect positively on the College, be reproduced accurately by a licensed vendor of Saint Mary's College and must not conflict or cause confusion with Saint Mary's College Intercollegiate Athletic Teams. The student organizations name must be included in the design. Approval from the College's licensing director is required. Recognized student organizations and campus departments may include a sponsor name/logo along with College trademarks on products and certain forms of advertising. However, the student organization/department's name must be included in the design to communicate that the relationship is a partnership with a particular group and not an endorsement by the College as a whole. Approval will not be granted for sponsors who conflict with University exclusive agreements. Based on the scope of the program, a rights fee may be assessed to the sponsor to associate its name with Saint Mary's College . These sponsors may not be designated as "Official" or "Exclusive". College departments will need to secure approval of any joint advertisement from the College's licensing director. Policies and Guidelines for non-Saint Mary's College use still apply. Sales restricted to campus organizations and departments: Registered student organizations and College departments may sell or give away products (such as T-shirts), which display College registered marks combined with the names and logos of that organization/department or activity. These items must relate directly to an on-campus activity sponsored by that organization/department. Items need to be unique and not compete with products and/or artwork available in the retail market, and be reproduced accurately by a licensed vendor of Saint Mary's College . Approval from the College's licensing director is required. Royalties will apply. |
| |
| Policies and Guidelines for non-Saint Mary's College Use |
Reproduction of all registered marks, which identify Saint Mary's College , may not be used without the prior expressed written approval of the College. - Private and/or corporate businesses may not use Saint Mary's College registered trademarks on company vehicles. Placing Saint Mary's College registered trademarks near company information on company vehicles is prohibited, as there will be a likelihood of confusion that the company is a representative of, or sponsored by, Saint Mary's College (e.g. paint, decals).
- Private and/or corporate businesses may not use Saint Mary's College registered trademarks in their company name.
- Private and/or corporate businesses may not use Saint Mary's College registered trademarks in the sale of commercial products or advertising. College indicia cannot be incorporated into off-campus business telephone numbers, internet addresses, or internet domain names.
- The College does not permit the use of its identifying graphics by any other institution or business.
- Private and/or corporate businesses may not establish a permanent statue, mural or icon that includes the College trademarks or likeness without written permission from the Director of Licensing.
- Private and/or corporate businesses or organizations may not use the trademarks of the College in any type of advertisements, on web sites or on banners, etc., without written permission from the Director of Licensing.
- Private and/or corporate businesses may not produce merchandise for resale or give-away that utilizes the College's trademarks and its name and/or logo without written permission from the Director of Licensing.
- Private and/or corporate businesses may not use College trademarks to promote their products or services in print advertising, radio or television without a promotional contract in place or written permission from the Director of Licensing.
- Individuals or private and/or corporate businesses may not use College trademarks on a website without written permission from the Director of Licensing. If approved, the University will provide a disclaimer that must be used on the site.
- Individuals or organizations may not utilize the University's trademarks in conjunction with a candidate for political office or policy/legislative issue without written permission from the Director of Licensing.
- Saint Mary's College registered trademarks cannot be used in any design that infringes on another entity
- The College recognizes that there are many groups that support the institution from academics to athletics. However, any group wanting to use College trademarks on product, regardless of use, must purchase the product from a current College licensee. By supporting the College's licensing initiatives, organizations can assist the College by ensuring that products bearing a Saint Mary's College mark are of the highest quality and meet all insurance and contractual requirements. The licensee is responsible for getting the design approved by the Director of Licensing and remitting the University's royalty on the product to SMA.
- If a donor wishes to utilize one of Saint Mary's College trademarks in some manner, written permission must be obtained from the Director of Licensing. The verbiage "supporting Saint Mary's College ", "supporting XXX at Saint Mary's College ", or "supporting Saint Mary's College Athletics" must be included. All materials using College marks must be submitted for approval before production and must be purchased from a current University licensee.
- Booster clubs may use sponsor names on merchandise only with written approval from the Director of Licensing. The organization's name must be included in the design to communicate that the relationship is a partnership with the organization and not the College. Based on the scope of the program, a rights fee, in addition to royalties, may be assessed.
- Rights fees and royalties for the use of the College trademarks in all instances may be assessed.
|
| |
| Unauthorized use of University Marks |
| Any use of Saint Mary's College marks that does not comply with the College's licensing and approval requirements will be considered unauthorized and may violate Federal and/or state laws. The College reserves the right to take appropriate action when confronted with unauthorized uses of its marks. Depending on the facts, such action may include confiscation of goods and issuance of a cease and desist letter. It can also result in jail time and numerous fines if convicted. |
| |
| What is commercial use? |
Items for resale: The following purposes constitute commercial use when selling products (such as T-shirts, sweatshirts, cups or hats to name a few) with any University registered marks: - Sales to campus and private retailers (including registered student organizations and departments of Saint Mary's College ).
- Sales to individual customers.
- Sales to Saint Mary's College sporting events through concessions.
- Sales on campus by registered student organizations.
- Sales for fund raising projects by registered student organizations.
- Sales to registered student organizations for the purpose of promoting their organization.
Promotional use: Items, which bear University registered marks either sold or given away, are promotional and considered commercial. |
| |
| What do you need to do? |
| SMC's Director of Licensing must grant approval to all outside vendors wanting to use any University registered marks, even if the vendor is producing items for a Saint Mary's College affiliated group. If a registered student organization or department is involved in any of the activities deemed as commercial, then the vendor from which merchandise is purchased must be licensed by the Collegiate Licensing Company. If a project falls into an exempt category, the Director of Licensing must issue a waiver to the vendor producing the merchandise. The Director of Licensing maintains a list of all Saint Mary's College licensed vendors. These vendors have been carefully chosen and are familiar with Saint Mary's College licensing policies and procedures. For assistance in choosing a licensed vendor please contact the Director of Licensing. For questions regarding the proper usage of University trademarks or to obtain a waiver form for a Registered Student Organization or department, please contact the athletic department's director of marketing. |
