To fully protect The University of Texas System trademarks so that they remain valuable assets for years to come, System registers the marks and manages them through licensing. These two steps would not be sufficient, however, if System licensed the marks for any and every proposed use. For example, some uses would harm the very reputation that the marks represent. In other cases, the nature of goods and services may pose such significant legal risks that they should not be licensed, and some uses may potentially harm the marks unless they are carefully controlled. To protect its marks, the Trademark Office (www.utexas.edu/trademarks/) at System has developed the following use restrictions:
Only an Officially Licensed Vendor may produce merchandise bearing UT Trademarks. "Officially Licensed Vendors" and "Store Vendors" or other University vendors may not always be the same. For a current list of Officially Licensed Vendors contact the Purchasing office.
Any trademark which identifies or is associated with the The University of Texas of the Permian Basin may not be used without prior expressed written permission from the UTPB purchasing office. Questions have been developed to assist you with providing pertinent information so that your request can be considered.
We are committed to the concept that all items incorporating UTPB Trademarks (including names of departments and any recognized club and organization affiliated with UTPB are manufactured by companies whose labor policies insure that their employees are safe from abusive labor practices. The Office of Trademark Licensing in connection with the Strategic Marketing Affiliates (SMA) and the Fair Labor Association have adopted Labor Code Standards which require licensees to disclose the locations of their factories it owns or contracts with and authorize announced and unannounced inspections/monitoring of the factories.
Merchandise bearing UTPB Trademarks and produced without proper written authorization may be considered counterfeit or infringing and subject to all available legal remedies, including, but not limited to, seizure of the merchandise.
Licensing and Royalties
Any person, business, or organization desiring to use trademarks of The University of Texas of the Permian Basin in any manner and for any purpose must be licensed to do so. The UT System has arranged for licenses to be issued by the Strategic Marketing Affiliates (SMA) on the component institutions behalf. A separate license must be obtained for each institution within the System.
SMA generally executes two types of agreements;
1) traditional retail agreement for the production of emblematic merchandise which will be sold by licensees to retail establishments
2) promotional or premium items used for an approved limited-duration
commercial use on products. Promotional use is more involved and must comply with Regents' Rules and Regulations regarding sponsorships and solicitation.
A product, including those products sold to a University-owned entity, is generally subject to royalty fees if a UTPB Trademark is utilized and the product is for resale or the name of a third party is used in conjunction or in association with the trademark. The inclusion of a corporate name or "sponsor" will require the payment of royalties. These guidelines are usually sufficient to determine royalty/non-royalty bearing use. However, each request is reviewed on a case by case basis to make sure all aspects of the situation are taken into consideration.
System Marks licensed for the following uses are limited as described:
Use of trademarks/logos on the cover or within the text of a magazine when there is an article about the University, its officers, students, or alumni.
Sports publications approved by the institutional chief administrative officer or designee, providing the publisher agrees to include the following disclaimer in the publication:
" Not an Official Publication of The University of Texas of the Permian Basin".
Literary works that generally provide historical information about and promote the goodwill of the U.T. System or component institution. System marks may be licensed for such use by permission letter after review by the appropriate institutional officers.
Internal publications that incorporate UT Trademarks should conform to each component institutions guidelines.
**Permission for use of the marks in the following must obtain prior approval from the Office of Trademark Licensing and only after they have been discussed with the appropriate officer(s) of the University.**
System marks may be used in the following kinds of advertising, so long as the uses also conform to the special requirements of the Office of General Counsel contained in guidelines, checklists and interactive electronic forms applicable in each case. These are designed to help component institutions conform their agreements to standard expectations regarding both the form and substance of the agreements and the approval of ad copy and layout design.
A commercial entity that is a “licensee” of the University may utilize certain marks in an ad but only when there is an underlying related product, which is licensed and only when the licensed product is being advertised.
Those entities not licensed may utilize certain marks in ads that are of an informational, congratulatory or team spirit nature. These ads may not contain solicitation for the sale of their products or services but the company name/logo may appear.
Corporate ads, which are generic in nature and focus on academic and athletic achievements, may utilize certain University marks.
Corporate advertisements that utilize appropriate System trademarks in official programs sold or distributed at Intercollegiate Athletic events, pursuant to the terms of an Advertising Agreement.
Promotional activities utilizing appropriate System trademarks, pursuant to the terms of a Sponsor/Promotional License Agreement. Promotional activities are activities such as advertising or offering promotional products to further the growth, development, acceptance and/or sale of goods or services.
For companies that have done work for the University, the company may list the component name with other customers. These companies may include photographs of the actual work area provided that it is generic to the location.
Art requested by a student group must be submitted with a Student and Internal Request Form, which can be downloaded from the Purchasing site or obtained from the Purchasing office. The completed form should then be returned to the Purchasing office along with the artwork. Both documents must be received before your request can be in the review process. We will respond to each request as soon as possible.
Only organizations that are “officially sponsored” may use the marks, but may not use the marks 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 of Texas System. To become officially sponsored, contact Student Activities Office, which oversees all campus organizations. The Purchasing office must approve artwork, and merchandise must be purchased from a licensed manufacturer. Use of University logos/names may also be used when there is a clear identity with official operation or approved academic programs of the institution.
Periodically, campus organizations solicit funding from outside entities to support fundraising efforts. It is possible to acknowledge a corporate entity for its support, providing there is no logo usage and no mention of products or services of that corporate entity. For example, "This mailing made possible by ---" or similar statement may be used. The company name should be in the same size, color, and typeface as the rest of the statement.
Those corporations that have executed agreements either with the University or its representative and have been granted the rights to use the marks must have all use of the marks approved by the Office of Trademark Licensing. Corporate Sponsorship agreements are limited to athletic events or other University activities that are co-sponsored by the University.
Corporations that are working together on a project, each contributing equally may use their name/logo with the University names/logos. An association where there is not an equal partnership is limited to stating as a fact what the University’s role is in the project, rather than placing the University’s logo/name next to the corporation’s. Projects in which the University provides informal assistance may not include reference to the University at all.
The following will not be licensed:
- Stationery--business-size, letterhead paper using the name or seal of a component institution of The University of Texas System.
- Alcoholic Beverages--distilled alcohol liquors, wines and malt liquors.
- Inherently Dangerous Products--such as firearms, explosives, and fuels.
- Obscene or Disparaging Products--including, but not limited to, nude photographs, caricature poster art or designs that would tend to lower the reputation or degrade the goodwill of the University as represented by the trademarks.
- Sexually Suggestive Products--including, but not limited to, inappropriate slogans imprinted on clothing and the configuration of certain novelty items.
- Health/Beauty Related Products--all types.
- Staple Foods, Meats and Natural Agricultural Products--all types. (note: this policy is under review.)
- Business Names and or Logos--all types.
- Services--except in accordance with the special requirements of the Office of General Counsel applicable to services.
When submitting your written request it is important to state the Who, What, Why and Where's. To assist you, the following questions are provided *:
- What is the presentation, including what reference will be made to the institution?
- Where will the trademark be used and how?
- Why is the logo being included?
- Who will be producing the item which will be bearing the trademark?
- When will the logo be used? (Duration of use.)
- Who is the audience?
*Provide a copy of the material on which the logo will appear (artwork, etc.) to help illustrate the overall impression of the use.
*If request is internal, approval contact for your department is necessary.
Please provide as much information as possible. This will help expedite your request. You may forward any information/materials UTPB Purchasing office.