What is a trademark?
A trademark is a word, name, phrase, symbol or any combination that distinguishes goods or services of one party from those of another. A trademark is a brand name. Rights in trademarks arise from using the marks in commerce to identify the source or origin of goods or services. A trademark remains the property of the owner so long as the owner uses it correctly and protects its authenticity as a trademark.
What qualifies as a Tarleton State trademark, logo or symbol?
It can be any name, nickname, abbreviation, word, mascot, slogan, uniform insignia or landmark associated with the university and distinguishable from any other university, team or organization.
Does this include marks, symbols and phrases that are used by university departments but are not officially registered with the United States Patent and Trademark Office (USPTO)? Yes! Remember, just because a mark or phrase is not registered does not mean that it doesn’t fall under trademark.
If a mark or phrase has proven use by and association with the university, then it falls under trademark. This applies whether or not the mark or phrase explicitly says “Tarleton State” or bears any registered marks.
Who must be licensed?
Any individual or company if it wants Tarleton State’s permission to use its trademarks/logos on products or for services whether wholesale, retail or online. Other activities, such as some noncommercial use of trademarks/logos, may not need to be licensed. Activity that constitutes fair use or free speech does not require a license. Seek legal counsel.
How long does it take to obtain approval?
That depends on the nature and extent of the use being requested, the number of trademarks involved, the number and diversity of products for which the trademark or trademarks will be used, and possibly other factors, such as whether the university sees a need for legal advice. In most cases an answer will be provided in 30 days or less.
What products can be licensed?
Tarleton State University will not license activity that it believes reflects negatively on the university or any of its trademarks, or would be libelous, slanderous, scandalous, offensive, vulgar or constitute an unfair trade practice. Products that include weapons, sexually suggestive statements, profanity or politically charged language will never be licensed.
How can you obtain a licensing application?
Apply for a license agreement directly from CLC.
Does all artwork have to be approved?
Yes, through Brand Manager 360 or sent to licensing@tarleton.edu.
How can Tarleton State’s trademarks be used with other trademarks (co-branding)?
Any use of university marks with others must be approved by CLC and the Assistant Vice President for Marketing and Communications (or designee).
Does a student or department need permission to use a trademark?
Yes. Student organizations and university departments must complete the licensing approval form.
If a product is not going to be resold, must it be produced by a licensed vendor?
Yes.
Are any requests exempt from royalties?
While internal requests are typically royalty-exempt, requests are reviewed case by case with determination made as outlined in Tarleton State Standard Administrative Procedure 09.02.99.T0.T1 (Licensing and Use of University Name, Logos, and Trademarks).
How does Tarleton State respond if unlicensed merchandise is discovered in the marketplace?
The merchandise may be considered counterfeit or infringing and subject to legal recourse.
When am I able to use Tarleton State trademarks?
Any trademark associated with Tarleton State may not be used without written permission from the Assistant Vice President for Marketing and Communications. A detailed written description of the mark’s use and all pertinent information must be provided.
How long do requests take to process?
Typically, up to seven business days.
Where can I obtain a list of licensees?
Is it acceptable to alter a Tarleton State trademark?
No. A single improper use does not invalidate a trademark, but repeated misuse likely demands a legal response.