Washington State University
BUSINESS POLICIES AND PROCEDURES MANUAL

INTELLECTUAL PROPERTY
35.10
Revised 10-13
Trademark Licensing Program
335-2202

Use of Washington State University Name and Trademarks

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OVERVIEW

The name, Washington State University, and its logo are the exclusive property of the institution and consequently may not be used in support of claims or advertisements made by any outside organization without the permission of the President or designee. (Faculty Manual)

Trademarks

All logos, seals, names, symbols, and slogans associated with Washington State University are trademarks and are the exclusive property of Washington State University. See the trademark policy. procedures, and definitions in this section for more information.

Stationery

University stationery may be used only for official University business. (Faculty Manual)

Reports

No report or statement relating to private consulting or other services may use the name of Washington State University or be attributed to it. (Faculty Manual)

WSU TRADEMARKS

Washington State University monitors all uses of its trademarks to assure compliance with federal trademark law. Unauthorized uses of Washington State University's trademarks are subject to civil and criminal penalties. See below.

The purpose of this policy is to provide information and guidelines to the University community regarding the use of Washington State University trademarks. The overall purposes of the licensing program are to protect Washington State University trademarks and to promote the University.

University authorization is required to reproduce these marks for resale or other commercial purposes. Contact the Trademark Licensing Office for authorization and information; telephone 335-2202.

Washington State University reserves the right to approve or disapprove any use of the trademarks, even if not explicitly addressed by the policy or procedures in this section.

Applicability

This policy applies to faculty, staff, students, academic departments, ad hoc groups, administrative divisions/departments, alumni organizations, informal groups, and student organizations. External suppliers and manufacturers are to comply with their licensing agreements with the University.

Exception

This policy does not apply to patents or the use of trademarks registered in association with a patented technology. Contact the Office of Commercialization regarding such issues; telephone 335-5526.

Administering Office

The Trademark Licensing Program is responsible for protecting the use of Washington State University trademarks and for licensing commercial use of the marks.

The Trademark Licensing Program and their licensing agent, the Collegiate Licensing Company, negotiate and administer licenses with manufacturers that wish to trade upon the University name.

The Trademark Licensing Program ensures that each use of the University's name is professional, tasteful, and of a quality that reflects positively on the University.

Definitions

Trademarks

The term trademark includes the following:

The University's trademarks include but are not limited to: the words "Washington State University," Washington State Cougars, WSU Cougars, Coug(s), Wazzu, Cougar(s), Apple Cup; the Cougar head logo, the official seal of the University, the Butch Mascot design, and all current and future trademarks, service marks, word marks, designs, or logos used by Washington State University.

Spirit Mark

Spirit marks are University-approved symbols and words which are used to communicate school spirit. For information and examples, go to the Marketing and Creative Services Graphic Identity website at:

http://www.identity.wsu.edu/

Academic Signature

The academic signature consists of a combination of the words "Washington State University" in the official University font and the Cougar head symbol. The signature serves to identify the University in all forms of communication. For information and examples, go to the Marketing and Creative Services Graphic Identity website at:

http://www.identity.wsu.edu/

Licensing/Licensee

Licensing is the process of obtaining legal permission through a contract for the right to use an individual's or organization's trademarks. An individual or company who enters into such an agreement is referred to as a licensee.

Suppliers

Suppliers include, but are not limited to: manufacturers, manufacturers' representatives, agents, wholesalers, distributors, printers, embroiderers, and screen printers.

PROCEDURES FOR USING TRADEMARKS

Washington State University's trademarks are intended to present a positive image of the University.

Individuals and/or companies must obtain written agreement from the University prior to using the University's trademarks in the name of a business, logo, advertising services, domain name, or on a product in a way that may state or imply an endorsement. See "Commercial Use" below.

Individuals and/or companies may not counterfeit, copy, or colorably imitate University trademarks, except as allowed under "Student Organizations" below.

Individuals and/or companies are not to use the University's trademarks in any way that discriminates against any persons or groups based on age, ancestry, belief, color, creed, disability, national origin, race, religion, sex, sexual orientation, veteran status, or in any other way which violates the University's antidiscrimination policies.

Commercial Use

Commercial use of Washington State University trademarks is defined as items bearing University trademarks which are intended for resale, advertisement, business domain name, or for promotional use.

Items for Resale

Items for resale are products (e.g., cups, sweatshirts, balloons, etc.) bearing University trademarks which are sold in the following ways:

Promotional Use

Items bearing the trademarks of the University and those of a commercial business, such as a restaurant, which are either sold or given away are promotional and considered commercial.

Purchasing Merchandise for Commercial Use

The Trademark Licensing Program has established licensing agreements with a number of suppliers who provide a variety of products. To view the current list of licensed suppliers, go to:

http://trademarks.wsu.edu/

Individuals or groups seeking a supplier are to review this list to determine if the required items are available from one of the current licensees. If the items are available from an unlicensed supplier only, consult with the Trademark Licensing Program.

Student Organizations

Registered student organizations, as defined in WAC 504-28-020, may use spirit marks for stationery, posters, signs, and banners dealing with the on-campus activities of the organization. (See above for a definition of spirit marks.) Such use of spirit marks must reflect positively on the University and the logos must be reproduced accurately.

Student organizations must obtain approval from the Trademark Licensing Office for all artwork prior to use. Contact the Trademark Licensing Program; telephone 335-2202, or e-mail to:

logolicensing@wsu.edu

Recruitment Activities

Student organizations involved in recruitment activities outside the university must incorporate academic signatures and University branding elements into all recruitment materials. Follow the advisory guidelines for academic signatures and branding elements available from the Marketing and Creative Services Graphic Identity website at:

http://www.identity.wsu.edu/

Class Projects

Any item, artwork, or project which is produced as part of a course and which uses University trademarks for noncommercial purposes does not require a license and is royalty exempt.

However, in order to monitor use to assure protection of the trademarks, the Trademark Licensing Program requests that the student or team leader notify the Office of the use of a trademark prior to the start of the project. Trademark Licensing requests that the faculty member conducting the class direct the student to send the notification by e-mail to:

logolicensing@wsu.edu

Campus Departments

Campus departments may purchase products for internal use or as giveaway promotional products bearing University trademarks and the name of the department. Departments are required to use licensed suppliers. To view the current list of licensed suppliers, go to:

http://trademarks.wsu.edu/

Departments are to use the academic signature in most cases. (See above.) If unsure which University marks to use, departments may contact Marketing and Creative Services for advice by e-mail to:

identity@lists.wsu.edu

Departments may also view the advisory guidelines from the Marketing and Creative Services Graphic Identity website at:

http://www.identity.wsu.edu/

Sales Restricted to Campus Events

A recognized student group or campus department may sell or give away products, e.g., t-shirts, bearing the marks of the University and the name and logo of the group/department, if the products relate directly to an on-campus activity sponsored by that group.

The licensed suppliers of the products must obtain artwork approval from the Trademark Licensing Program prior to production.

Student groups may use the spirit marks. Campus departments are to use the academic signature in most cases. If unsure which University marks to use, groups and departments may contact Marketing and Creative Services for advice by e-mail to:

identity@lists.wsu.edu

or may view the advisory guidelines from the Marketing and Creative Services Graphic Identity website at:

http://www.identity.wsu.edu/

The Trademark Licensing Program must grant approval to all outside vendors using University trademarks, even if the vendors are producing items for University-affiliated groups. The University-affiliated organization or department must purchase such merchandise from a licensed vendor to avoid any possibility of trademark infringement. For additional information, contact the Trademark Licensing Program; telephone 335-2202, or e-mail to:

logolicensing@wsu.edu

Product and Art Approval Committee

The Trademark Licensing Program reserves the right to decline any products or art designs that do not promote the goodwill and reputation of the University.

The Trademark Licensing Program refers all appeals to the Product and Art Approval Committee. The Committee reviews each appeal for the appropriateness of the product or art design for the vision and mission of the University.

The Committee notifies the requesting individual or organization of a decision within 30 days after the date that the Committee receives the appeal. The Committee's decision is final.

Compliance

Individuals and suppliers who use Washington State University trademarks without permission from the Trademark Licensing Program or their agent, the Collegiate Licensing Company, are subject to:

For more information about the Collegiate Licensing Company, go to:

http://www.clc.com/

Criminal Penalties

Criminal penalties for misuse of trademarks are provided for in RCW 9.16.030 to .060. Manufacture of a counterfeit trademark is classified as a gross misdemeanor, while sale or advertisement of an unauthorized trademark is a misdemeanor.

Trademark Protection for University Programs

If an internal campus program is seeking trademark protection, the department is to complete the questionnaire available on the Trademark Licensing website before contacting the trademark office. To view the questionnaire, go to:

http://trademarks.wsu.edu/