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.
02.01 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;
d. Athletic programs;
e. Student programs;
05. REVIEWERS OF THIS UPPS
05.01 Reviewers of this UPPS include the following:
Mr. William L. Fly January 1 E10Y
Director of Athletics
Ms. T. Cay Rowe, Assistant Vice President January 1 E10Y
University Advancement, Media Relations
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