Registration, Control, and Marketing University UPPS No. 01.04.10
Symbols Issue
No. 4
Effective Date: 10/20/2004
Review: January 1 E10Y
01. POLICY STATEMENTS
01.01 This UPPS sets forth
University policy regarding registration, control and marketing of University
symbols.
01.02 The University owns the symbols set forth in Attachment
I as its service marks. The University’s primary purpose in establishing
and maintaining ownership of its symbols is to ensure that those symbols are
associated only with products of the highest quality, and those that reflect
favorably on the University and its educational mission.
01.03 Secondarily, the University recognizes that by
marketing its symbols, it can realize funds that can be used to advance the
University’s educational mission and programs.
02. DEFINITIONS
02.01 Symbols – In this UPPS, the
term "symbols" includes designs, words, trademarks, service marks,
logograms, seals, slogans that are associated with and identify Texas State
University-San Marcos.
02.02
Director – In this UPPS the term
“Director” refers to the University’s Director of Athletics or to the
Director’s designee.
03. PROCEDURE FOR REGISTERING UNIVERSITY SYMBOLS
03.01 Registering university
symbols with the federal Patent and Trademark Office conveys two important rights:
first, it serves as constructive notice of the claim of ownership rights.
Second, it provides that the symbol may become incontestable after five years
of continuous use, which means that the registration is conclusive evidence of
the exclusive right to use the symbol in interstate commerce. State law also
operates to protect symbols that are properly registered with the Secretary of
State.
03.02 The University Attorney is responsible for
registering university symbols with both the Texas Secretary of State and the
United States Commissioner of Patents and Trademarks. The attorney will
coordinate payment of the registration fees with the Vice President for Finance
and Support Services.
03.03 Any person may suggest a
symbol closely relating to the University and recommend its registration to the
University Attorney. Only the President of the University, however, has
authority to direct that a particular symbol be registered as the property of
Texas State. The University Attorney will maintain records of all university
symbols that have been registered.
04. PROCEDURES FOR CONTROLLING AND MARKETING
UNIVERSITY SYMBOLS
04.01 Generally, all
manufacturers of products using university symbols are required to obtain a
license before using those symbols. In those licensing agreements, the licensee
must recognize university ownership of the symbol and ordinarily must agree to
pay the University a royalty fee for use of the symbol.
a. In appropriate cases the Director may waive the payment of royalty
fees.
b. The
University prohibits the use of any of its symbols in a form other than the
official registered form.
04.02 The Director will
administer the University’s licensing program according to the policy set forth
in this UPPS. He or she will negotiate licensing agreements with manufacturers,
coordinate contractual arrangements with the University Attorney and the Vice
President for Finance and Support Services, and will monitor licensees with
respect to the quality of their products and the royalty payments. The Director
will monitor the use of Texas State's symbols and take appropriate action
against those who use these symbols without authorization.
a. The
Director must approve in writing all uses of university symbols.
b. The
University prohibits using its symbols in connection with political or
commercial activities in a way that suggests university endorsement or
ownership.
04.03 The Director
will approve the products proposed to be sold to ensure that those products are
of good quality, good taste, and reflect favorably on the University’s image
and educational mission.
a. The
Director has delegated authority to sign licensing agreements for the use of
university symbols.
b. The Director will not approve the use of the University’s symbols
on products produced in “sweatshops” or under conditions that do not provide
fair and humane labor practices.
04.04 The University will
continue to manage its symbols relating to Southwest Texas State University in
the manner described in Sections 04.01 through 04.03. However, the University has entered into a license agreement with
the Texas State Alumni Association with the understanding that the Alumni
Association will use the net income from marketing these symbols for
scholarships for University students.
The Director and the Vice President for University Advancement or the
Vice President’s designee will develop and maintain specific procedures for
managing this agreement.
04.05 The Director will deposit royalty fees from
licensing agreements into an athletic income account. Once deposited, these
fees may be used in any one or more of the following ways, as determined by the
President:
a. Administration of the licensing program;
b. General fund;
c. Scholarship;
d. Athletic programs;
e. Student
programs;
f. Other.
05. REVIEWERS OF THIS UPPS
05.01 Reviewers of this UPPS include the following:
Position Date
Mr. William L. Fly January
1 E10Y
University Attorney
Director of Athletics
Ms. T. Cay Rowe, Assistant
Vice President January 1 E10Y
University Advancement,
Media Relations
and Publications
06.
CERTIFICATION STATEMENT
This UPPS has been approved by the following
individuals in their official capacities and represents Texas State policy and
procedure from the date of this document until superseded.
Mr. William L. Fly, University Attorney;
senior reviewer of this UPPS
Dr. Robert D. Gratz, Special Assistant to the
President
Dr. Denise M. Trauth, President