USING THE UNIVERSITY'S FEDERALLY REGISTERED TRADEMARK

• 1.0 Purpose
• 2.0 Policy
  • 2.1 Background
  • 2.2 Goals
  • 2.3 General Guidelines
  • 2.4 Guidelines to Administer the Program
  • 2.5 Product List
• 3.0 Definitions
• 4.0 References
• 5.0 Approvals and Revisions

1.0 Purpose

This policy describes the general guidelines for using the University's federally registered trademark.

2.0 Policy [Top]

2.1 Background

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. To insure that the public properly identifies and associates University logos on products bearing the institution's marks, the University of Virginia has established a licensing program. The University has registered many of its names, nicknames, marks, indicia and logos with the state and at the federal level. The Sports Promotions Office will administer the licensing program; it reports directly to the Director of Athletics. The Sports Promotion Office 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.

2.2 Goals

The University maintains a licensing program to achieve the following goals:

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

2.3 General Guidelines

Merchandise of the types described on pages 15.7.5.7-10 are specifically covered by this licensing policy where the University's name, indicia, logo, etc. are used. Changes in this list may occur. An updated listing may be obtained from the Sports Promotions Office.

All University outlets are included in the licensing program. Therefore, all goods described on pages 15.7.5.7-10 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 Sports Promotions Office 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 The Collegiate Licensing Company (CLC) to help administer the licensing program on a national basis. CLC 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 pages 15.7.5.7-10, and
• To conduct special promotions.

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

An Advisory Committee is comprised of:

• The Assistant Vice President for Business Operations (ex-officio),
• Representatives from each Vice Presidential area,
• The Department of Athletics, and
• The Sports Promotions Office (ex-officio).

The Committee is established to:

• Assist in interpreting University licensing policy,
• Develop program guidelines consistent with the interests of the overall University, and
• Review and approve/disapprove additions or changes in official University indicia.

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.
• 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.

2.4 Guidelines to Administer the Program

The Department of Athletics' Sports Promotions Office, a member of the Association of Collegiate Licensing Administrators (ACLA), is responsible for administering the licensing program for the University. The Advisory Committee 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 The Collegiate Licensing Company (CLC). The services of CLC 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,
• Mailing 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 about 120 institutions.

The Sports Promotion Office will propose an annual operating budget for the licensing activity to the Department of Athletics and to the Executive Vice Pres. and Chief Financial Officer as required. Annual operating expenses will be covered from licensing revenues. Net revenues (after operating costs) will be 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) will be covered by the licensing program (See pages 15.7.5.7-10). Products which support the academic mission of the institution, and products ordered by University departments with a purchase order for internal consumption 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.

Enforcement of the Licensing Program has two phases:

Internal - participation by sales departments within the University is essential and will depend on support from vice presidential areas. Verifying adherence to the licensing program will be an essential part of compliance audits conducted by the Internal Audit Department.

External - participation by commercial sales outlets will be checked periodically by the Sports Promotions Office and CLC as part of the regular administrative responsibility for the program.

The Sports Promotion Office 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 CLC within ten business days of receipt of the product from CLC or from the licensee.

Approval can be given prior to the actual manufacture of the product, but a finished sample must be supplied to CLC.

Products on pages 15.7.5.7-10, which are of reasonable quality, may be approved by the CLC Licensing Director.

Products involving quality considerations or questionable logo graphics shall require review by the University's Advisory Committee.

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

• Alcoholic beverages,
• Bathroom articles (toilet seats, toilet paper, etc.),
• Sexually suggestive statements or articles,
• Statements infringing other schools,
• Sexist, racist, religious products and/or statements, and statements promoting the use of alcoholic beverages,
• Items of poor quality in relation to the proposed sale price,
• Products bearing the name or likeness of or otherwise promoting a current University 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 Advisory Committee.

Licensing fees shall be 7.5 percent of the manufacturer's selling price on items licensed for retail sales. In promotions, a 10 percent royalty shall be charged on premiums. An additional rights fees 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. CLC should be made aware of such exceptions.

2.5 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
32	Bathroom, Kitchen or Cooking Accessories: Towels Aprons Trivets
33	Toys, Games, Stuffed Animals
34	Umbrellas
35	Wallets and Purses
36	Wastebaskets/Metal Trays
37	Writing Instruments
38	Sewing Kits & Needlepoint
39	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
40	Rainwear
41	Knitwear: Gloves/Mittens Scarfs Socks (see also headwear)
42	Food Items
43	Novelty: Pennants Key Chains Miscellaneous

 

3.0 Definitions [Top]

4.0 References [Top]

5.0 Approvals and Revisions [Top]