NC State University

Trademark Licensing Rules

RUL 01.25.1

Governance - General

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Authority: Issued by Vice Chancellor for Finance and Business. Changes or exceptions to administrative regulations issued by the Vice Chancellor for Finance and Business may only be made by the Vice Chancellor for Finance and Business.

History: First Issued: February 1, 2003. Last Revised: October 31, 2007. Additional History .

Related Policies:
NCSU REG01.25.6 - Use of the University's Names, Marks, Symbols, Images, and Copyrights

Related Information:
Athletic Department
Office of Technology Transfer
Solicitation Permit Form
Trademark Licensing Office
Trademark Use Request Form

Contact Info: Trademark Licensing Director (919-515-2146)

1. Introduction

The Trademark Licensing Program was established to protect the University's image by controlling the quality of items exhibiting University marks and to provide scholarship funds to underwrite program goals. The Trademark Licensing Director shall be appointed by the Vice Chancellor for Finance and Business to administer the Trademark Licensing Program in accordance with NCSU Regulation 01.25.6 - Use of the University's Names, Marks, Symbols, Images, and Copyrights.

2. Covered Uses of University Marks

2.1. All products and services bearing registered trademarks or other insignia that specifically identify the University are covered by the licensing program.

2.2. Alterations to University's trademarks are not allowed.

2.3. Items bearing the name "State," "North Carolina State," or other names that may refer to either the State of North Carolina or the University are covered by the licensing program if it can be determined the primary reason or effect of the use of the name is to cause purchasers to associate the product or service with NC State University.

2.4. The use of the University's Official Seal is restricted to official University business, graduation related items and upscale products denoting permanent recognition. Items produced for retail require special approval of the Trademark Licensing Office.

2.5. Photographs and artworks bearing the University's name, logo, marks, or other reference to the University are covered by the licensing program. This includes reproductions and mass-produced artworks with reference to the University. (Example: note cards with campus sketch on front with reference to NC State.)

2.6. Photographs and artworks of University landmarks, buildings, etc., that do not bear the University's name or any reference to the University or its marks are not covered by the licensing program.

2.7. The Vice Chancellor for Finance and Business or his designee is authorized to reject any item which does not meet minimum standards of quality, good taste or which reflects negatively on the University. Examples include, but are not limited to:

2.7.1. Alcoholic beverages, flasks, tobacco products or statements promoting the use of alcohol or tobacco products,

2.7.2. Use of profanity,

2.7.3. Material that may be demeaning to individuals or institutions, including but not limited to racial, ethnic, gender or disability-related matters,

2.7.4. Suggestive undergarments,

2.7.5. Use of current players' names, images, or likenesses that would violate NCAA rules and regulations, and

2.7.6. Products depicting use of handguns, weapons, knives or items presenting a potential safety hazard.

3. Permission to Use University Names, Trademarks, Service Marks, Symbols, and Images

3.1. Commercial use of the University's name or trademarks requires advance permission from the University. Permission must be acquired either by a formal contract with the University or by obtaining a license through the University's Trademark Licensing Office. Once approved, the business or person requesting permission becomes a "Licensee" and the individual products (or services) become "Licensed Products" (or "Licensed Services").

3.2. Where the proposed use would identify, promote, or advertise goods or services, the request should be made in writing to the Trademark Licensing Office, Campus Box 7228, Raleigh, NC 27695 or via e-mail at cindy_sears@ncsu.edu.

3.2.1. The Athletic Department may designate an outside party as an official or exclusive provider to Wolfpack Athletics; however, any such designation must be limited to referencing the Athletic Department or Athletics program and may not extend to the University.

4. University Use of Marks

4.1. University departments are permitted to use University marks for official University business purposes without prior approval. Official University business is defined as situations that indicate University ownership, sponsorship or participation, including but not limited to publications and other documents; stationery; signage; advertising for the department's services; equipment and supplies; and websites. All such uses must be in accordance with any other applicable University policy, such as that regarding websites. Items for internal distribution and not sold are exempt from royalty payment.

4.2. All items sold through University departments bearing University logos must be purchased from licensed manufacturers. Merchandise for resale, even as a fundraiser for charity, requires royalties to be paid by the manufacturer.

5. Affiliated Organizations

No organization associated with the University is exempt from the Licensing Program. All items sold through affiliated organizations bearing University logos must be purchased from licensed manufacturers and such items are not exempt from royalties.

6. Student Organizations

6.1. Use of the University's name or trademarks with an organization name implies association with the University. Therefore, only those student organizations that are officially registered with the Student Organization Resource Center (SORC) are allowed to use University trademarks. However, the organization may not use the trademarks in a manner that in any way would constitute an endorsement, approval, or underwriting of any organization, product, activity, service, or contract by the University.

6.2. Officially registered student organizations may order merchandise displaying both the student organization's name/logo and University trademarks for organization use or for fundraising activities under the following guidelines:

6.2.1. Prior to ordering, the organization must submit a Trademark Use Request form , accompanied by the proposed design, to the Trademark Licensing Director for advance approval.

6.2.2. All merchandise must include the organization's name/logo prominently on the product.

6.2.3. Student organizations are encouraged to use licensed manufacturers for merchandise ordered for the organization's internal use. A list of local printers that have expressed a willingness to produce special order merchandise for campus organizations is available on the Trademark Licensing Office website. All merchandise ordered for use by organization members only are exempt from royalties.

6.2.4. All merchandise sold through or by student organizations bearing University trademarks must be purchased from licensed manufacturers. Merchandise for resale, even as a fundraiser for charity, requires royalties to be paid by the manufacturer.

6.3. Club Sports teams are permitted to use the University name or marks on their uniforms without use of the club's name with the advance approval of the Assistant Director of Club Sports and the Director of Trademark Licensing.

6.4. Registered student organizations may include a sponsor name/logo in addition to University trademarks on products that are directly utilized in club activities under the following guidelines:

6.4.1. The student organization's name/logo must be the primary logo and displayed in a manner that will communicate that the relationship exists between the organization and the sponsor and not with the University.

6.4.2. The student organization may not use the trademarks in a manner that in any way would constitute an endorsement or approval of the sponsor or its products, activities, or services by the University.

6.5. Student organizations must also obtain a Solicitation Permit from the Student Organization Resource Center located at 1201 Talley Student Center for on-campus sales.

7. Exemptions

All requests for exemptions from the licensing program are handled by written request to the Trademark Licensing Director.