University of Utah Policy

The University of Utah Policy on Trademark and Licensing

Contact: Trademark & Licensing Office or University Marketing and Communication Office

A. Background

The Trademark and Licensing Office, on behalf of the University of Utah has registered or otherwise protected with the State of Utah the significant names, initials, logos, symbols, indicia, insignia, trade names, service marks, and trademarks (collectively "Trademarks") of the University. The University has delegated the responsibility for maintaining, managing and licensing University trademarks to the Trademark and Licensing Director, in conjunction with University Marketing and Communication (UMC)

The mission and purpose of the Licensing and Trademark Policy is to:

(1) Insure proper control and use of Trademarks that are associated with the University of Utah, protect all University Trademarks from unauthorized uses, and facilitate the process of granting authorization for legitimate internal and third-party use of University Trademarks;

(2) Insure that the University generates revenue for its programs by securing a legitimate and reasonable royalty for the use of its Trademarks.

(3) Promote the University of Utah in a consistent and uniform manner to protect the University's reputation, name and image by permitting only appropriate uses by Officially Licensed Vendors assuring that only quality products bear the University's Trademarks, and protect the consumer from inferior products bearing University Trademarks.

B. Policy Statements

1. The use of any trademark which identifies, or is associated with, The University of Utah may not be used without the prior expressed written authorization of The University of Utah (represented by the Licensing Office), and is subject to the licensing requirements of this policy.

2. Only an Officially Licensed Vendor may produce merchandise bearing the University of Utah Trademarks. "Officially Licensed Vendors" and "Store Vendors" or other University vendors may not always be the same. For a current list of Officially Licensed Vendors contact the Trademark and Licensing Office in Auxiliary Services.

3. Private companies creating merchandise for sale or distribution may use University Trademarks only after entering into a specific license agreement with the University through the Collegiate Licensing Company (CLC) that acts on behalf of the University as its licensing agent for trademark use. For additional information regarding either acceptable or inappropriate uses of Trademarks, contact the Trademark and Licensing Office in Auxiliary Services and/or UMC.

4. Companies using any University Trademark for advertising or promotional purposes in any format must first obtain written permission from the Trademark and Licensing Office and/or UMC. In some cases, a royalty or usage fee will be assessed. Permission is typically granted for a specific length of time; no open-ended approval will be granted. Acceptable appearance and usage criteria are defined in the Identity Standards of the University of Utah.

5. The Trademarks of the University of Utah will not be used in the promotion of weapons, alcoholic beverages, tobacco products, "recreational" drugs, or drug-related paraphernalia. The University reserves the right to prohibit other uses that it deems in inappropriate or inconsistent with the image and mission of an educational institution.

6. Merchandise bearing University Trademarks and produced without proper written University authorization may be considered counterfeit or infringing and subject to all available legal remedies, including, but not limited to, seizure of the merchandise.

C. Registered and Protected Trademarks

1. The following trademarks are registered with the State of Utah on behalf of the University of Utah:

THE UNIVERSITY OF UTAH; UTAH; RUNNIN' UTES; UTES; official block letter "U"; UU; Lady Utes; Swoop; Block U with medical caduceus; Circle and feather; The Muss; The School Seal; The School Medallion.

In addition, the Circle and Feather mark, the Block U, and "Utah" has be registered at the federal level.

Trademarks are updated continually. A current listing of trademarks is available from the Licensing Director.

2. All other names, symbols, initials, or graphic designs that refer to the University of Utah are protected by U.S. and state law.

D. Procedures

1. Departments of the University designing merchandise to bear a University trademark must secure prior approval, in writing, from the University's Licensing Director. Prior approval does not give the right to produce the merchandise and requires the department to use an Officially Licensed Vendor. The Licensed Vendor will then be required to submit final artwork through the University's licensing agent, CLC. After final artwork approval is given, the vendor may then produce the product.

2. Departments and recognized student clubs and organizations may use certain logos for certain official business. Departments and recognized student clubs and Departments organizations that wish to design or create new Trademarks for their department, club or organization must coordinate their effort with UMC. Questions regarding such use should be directed to that office. Departments requesting authorization for use of current Trademarks within official University publications, letterhead and business cards should direct their requests to UMC.

3. Trademarks are to be used only in the specific manner approved in writing by the Trademark and Licensing Office and/or UMC, together with the appropriate trademark designation, and may not be otherwise altered without express written authorization.

E. Labor Practices/Code of Conduct

1. The University of Utah is committed to the concept that all merchandise bearing reference to the University (including names of each department and any recognized club and organization affiliated with the University) will be manufactured by companies whose labor policies insure that their employees are safe from abusive labor conditions.

2. The University of Utah is an active member of the Fair Labor Association (FLA) and supports their strict Labor Code Standards that require manufacturers of licensed products (Licensees) to certify their compliance with the Code. In addition to certifying their compliance with the Code, Licensees are required to disclose the location, address, phone number, email, and contact person for each facility it owns or contracts with for the production of goods, and they must authorize the FLA to make announced or unannounced inspections of their manufacturing facilities.

3. In order to insure the broadest interpretation of this policy, the University requires that any product produced for the University (or for departments or recognized clubs and organizations) which carries a University Trademark, or uses the name of, or refers to, a University department or a recognized club or organization, be manufactured by those companies that are appropriately licensed to use University Trademarks (Licensees), and are in compliance with the University's Labor Code Standards. For a current list of Officially Licensed Vendors, contact the Trademark and Licensing Office in Auxiliary Services.

F. Implementation

1. All products bearing the University of Utah Trademarks must be approved and licensed as specified by this Policy. Resale items will generally be subject to the current standard royalty rate established by the University.

2. Promotional and/or "premium" items, regardless of distribution points, are also subject to licensing requirements. Royalties will be determined based upon the scope of the promotion and other factors considered appropriate by the University.

3. Institutional, non-commercial marketing materials (e.g., printed or electronic communication to include Internet pages) produced by the University for official University business shall meet the criteria established by UMC. Other marketing materials and promotional items, regardless of production, method or source of distribution, are subject to the approval process in this Policy.

4. Companies and individuals wishing to extend congratulatory messages (or statements of support) who do not meet the criteria of A-C above may receive authorization to use prescribed trademarked verbiage (e.g. GO UTESTM or Congratulations UTESTM). Such messages must be clearly separate from the sale or promotion of any products or services.

G. Licensing and Royalties

1. Any person, business, or organization desiring to use the University's Trademarks in any manner and for any purpose must be licensed to do so. The University has arranged for licenses to be issued by the Collegiate Licensing Company (CLC) on the University's behalf.

2. The University generally allows for three types of licenses to be issued, but may create new licensing arrangements as needed.

a. Traditional Retail: for the production of emblematic merchandise which will be sold by the Licensees to retail establishments.

b. On-Demand: issued to a company whose single use of the University's Trademarks is in response to a production request by a department (non-retail) or recognized campus club or organization. Additional restrictions may apply to single-use licenses.

c. Promotional Use: use of University Trademarks for an approved limited-duration commercial use.

3. A product generally is subject to royalty or right fees if a University Trademark is utilized AND:

  • the product is for resale; or,
  • the product promotes a specific event for which a fee is charged; or
  • the name, mark, or logo of a third party is used with the University's Trademark.

Activities or products that include the use of a commercial sponsor's names or logos on the licensed product will be assessed a higher royalty contingent on University approval.

Exemptions to royalty fees are given when University Trademarked products are used to promote instructional programs or events, or other activities that further the academic and educational mission of the University as determined by the Licensing Director. (Instructional programs/events include, but are not limited to, classes, courses, seminars, workshops, and other activities directly sponsored by a college, division, department, program, or service of the University of Utah.)

Exempting royalties is done in writing and does not exempt the requirement to use a licensed vendor for manufacture or production.

4. These guidelines are usually sufficient in determining royalty/non-royalty. However, each submission shall be reviewed individually to make sure all aspects of the situation are taken into consideration.

H. Exemptions

1. For purposes of consistency, the University does not exempt campus-operated stores from purchasing emblematic merchandise from Officially Licensed Vendors. Royalties are charged to campus stores in the same manner as charged to off-campus retail establishments.

2. Departments of the University, and recognized clubs and organizations, are also required to purchase emblematic merchandise from "Officially Licensed Vendors." Receiving authorization for a design or to utilize a Trademark does not constitute approval to manufacture a particular product. The product must be manufactured by, and purchased from, an Officially Licensed Vendor.

3. Exemptions to royalty fees are given when University Trademarked products are used to promote instructional programs or events, or other activities that further the academic and educational mission of the University as determined by the Licensing Director. (See paragraph G.3 above.)

4. All departments of the University, recognized campus clubs and organizations, individuals, and companies are required to obtain approval from the Licensing Administrator under the direction of UMC prior to producing, or arranging for production of, any product or use that utilizes the University's Trademarks, regardless of use or method of distribution, except as otherwise authorized under paragraph D.2 above.

5. This policy may be altered at any time without prior notice.

For further information contact:
Richard Fairchild
Manager Licensing Inquires
220 Chase St. Building 624 Fort Douglas 
University of Utah
Salt Lake City, Utah
84112
Phone Number: 1-801-585-7784
FAX: 1-801-585-1692