What is a trademark?
A trademark is a word, name, phrase, symbol or any combination thereof that identifies and distinguishes goods or services of one party from those of others. A trademark is a brand name. Rights in trademarks arise as a result of the use of the marks in commerce to identify the source or origin of goods and services. In addition, a trademark remains the property of the owner so long as the owner continues to use it properly and protects its authenticity as a trademark.
What qualifies as a trademark, logo or symbol?
Any mark, name, logo, symbol, nickname, abbreviation, word, mascot, slogan, uniform insignia or landmark that is associated with Utah Tech University and is distinguishable from any other university, team or organization.
Who must be licensed?
Any individual or company that wishes to receive Utah Tech University’s express permission to use any or all of its trademarks/logos on products or services sold in the marketplace, whether wholesale, retail or online. Other activities, such as some noncommercial use of trademarks/logos, may or may not need to be licensed. Some activity may constitute fair use or free speech so as not to require license. Advice in that regard should be sought from your own legal counsel.
How long does it take to obtain approval from Utah Tech University?
A decision on any license request will depend on the nature and extent of the use being applied for, the number of trademarks involved, the number and diversity of products for which the trademark or trademarks will be used, and other possible factors, such as whether UT believes there is a need to seek legal advice on the application.
What products can be licensed?
Utah Tech University will not license activity which it believes would disparage the institution or any of its trademarks, or would be libelous, slanderous, scandalous, offensive, vulgar or constitute an unfair trade practice, or otherwise reflect negatively on Utah Tech University. Some activity may constitute fair use or free speech so as not to require license. Advice in that regard should be sought from your own legal counsel.
How can you obtain a licensing application?
You can obtain an application for a License Agreement directly from CLC – Learfield Licensing Partners/IMG College. This application can be downloaded from their website at: www.clc.com.
Does all artwork have to be submitted for approval?
Yes. All art designs must be submitted and approved by Utah Tech University’s Creative and Visual Services Department and/or the UT Collegiate Licensing Director prior to products being produced. Student organizations and university departments must submit an Internal Request Form to the attention of Steve Johnson (johnsons@wpdev.utahtech.edu) by email.
How do we use Utah Tech University’s Trademarks with other Trademarks (cobranding)?
Any use of Utah Tech University marks with other trademarks must be approved by the Utah Tech Collegiate Licensing Director, or through a UT contract.
How much does it cost to become licensed?
The cost for a Standard License Agreement is:
- $250 non-refundable application fee
- 10% royalty fee for Utah Tech University products
What constitutes a standard license?
The Standard License is used by companies that desire to produce licensed products for resale to the general public.
If I am a student or from a department of Utah Tech University, do I need to ask permission to use a trademark?
Yes. UT Student Organizations and Departments must complete and submit the licensing approval form. It is important for Utah Tech University to protect the trademarks and controlling their use will maintain their value.
If the product is not going to be resold, does it have to be produced by a licensed vendor?
Yes. All items bearing Utah Tech University marks must be produced by a licensed vendor whether they are for resale or not.
Are any requests exempt from royalties?
Generally, items are subject to royalties. However, each request is reviewed on a case-by-case basis.
What does Utah Tech University do if unlicensed merchandise is discovered in the marketplace?
Merchandise produced without authorization may be considered counterfeit or infringing and subject to all available legal remedies.
When am I able to use the trademarks of Utah Tech University?
Any trademark which identifies or is associated with Utah Tech University may not be used without prior, expressed, written permission from the Collegiate Licensing Director. A questionnaire is available to assist you with providing pertinent information so that your request can be considered.
How long do requests usually take to process?
Typically, the review process is 2-5 business days. Each request is reviewed on a case-by-case basis to ensure compliance with Utah Tech University policies.
How can I obtain a list of licensees?
A list of licensees can be obtained through CLC – Learfield Licensing Partners/IMG College, the UT Athletic Media Relations or Purchasing Offices, or the Local Vendors and Licensees page.
Is it acceptable to alter a Utah Tech University Trademark?
No. At no time can Utah Tech University Trademarks be altered. Altering a mark would hurt its integrity. This would dilute the strength and value of Utah Tech University’s marks.