FAQ

 

If I am a student or from a department of the University of Texas, do I need to ask permission to use a trademark?

Yes, it is important for the university to protect the trademarks and controlling their use will maintain their value. To start the request process, visit UT Austin Campus Entities.

 

 

If the item being purchased has no reference to the university, e.g. no colors, building images, names or trademarks, do I still need to have a licensed vendor produce my product?

No. If there is a question regarding a design, we suggest that it be submitted to the Office of Trademark Licensing before you have it produced. You can do this by emailing the request/design to trademarks@utexas.edu.

 

 

If my product is not going to be resold, do I still have to select a licensed vendor?

All items bearing university marks must be produced by a licensed vendor whether they are for resale or not. Lists of our current licensees can be found on the Forms & Lists page.

 

 

Are any requests exempt from royalties?


Generally, royalties are due for items being sold or being given away that have a ‘generic” design (example: arched Texas with Longhorn silhouette.) However, each request is reviewed on a case-by-case basis.

 

 

What does the University of Texas do if unlicensed merchandise is discovered in the marketplace?

Merchandise produced without authorization may be considered counterfeit or infringing and subject to all available legal remedies.

 

 

What should I do if I find merchandise that I believe is not licensed?

First look to see if the merchandise has either a licensed hologram sticker or tag. If no hologram, then provide as much information possible when completing the Collegiate Licensing Company's (CLC) Infringer Report and the appropriate action will be taken.

 

 

How can I get a logo registered?

(University Entities Only)
 - Review the Should I Trademark? section and complete the questionnaire to begin the process.

 

 

How do I become licensed?

To start the licensing process for either UT Austin or UT El Paso, please contact: 
The Collegiate Licensing Company,
 1075 Peachtree St., Suite 3300, Atlanta, Ga. 30309 
Phone: 770-956-0520 
Fax: 770-955-4491

For all other UT System Institutions, please contact: 
Strategic Marketing Affiliates, 
8900 Keystone Crossing, Suite 605 Indianapolis, IN 46240 
Phone: 317-669-0808 
 Fax: 317-829-5696 

If you prefer the Internet, you may review the CLC website at www.clc.com or SMA website at www.smaworks.com. A copy of the licensing application can be downloaded and printed from their website to speed things up.

 

Is there a fee to become licensed?


Yes. There is an advance fee that can range from $100–$4,000 (depending on type of license and categories wanted) and a royalty rate based upon the total gross invoice amounts billed (“Net Sales”). The royalty rate is 10–12 percent, depending on the UT System institution.

 

 

Are campus entities able to acknowledge corporations that have contributed to a campus event, project, etc.?


Yes. It is possible to acknowledge corporations for their support, providing there is no logo usage and no mention of product or services of that corporate entity. The company name should be the same size, color, typeface as the rest of the statement.

 

 

How long do requests usually take to process?

Typically, the review process can take 3–5 working days. Each request is reviewed on a case-by-case basis to ensure compliance with UT System policies.

 

 

How can I obtain a list of licensees?


A list of licensees can be obtained through the licensing agents, the Office of Trademark Licensing, or the Forms & Lists page.

 

 

What are the registered marks of The University of Texas System?

Each UT System institution has its own trademarks with specific guidelines on how they should be portrayed. To view the registered marks of a particular University of Texas institution, view the Registered and Protected marks page.

 

 

Can I alter a mark?

No. Altering a mark would hurt its integrity. This would dilute the strength and value of the mark.

 

 

Do I have to use the ™ or ® on my merchandise or materials?

Trademark law commentators unanimously recommend that proper trademark designation symbols (i.e. the “®” if the mark is registered in the United States Patent and Trademark Office, and the “™” if the mark is not so registered) be used to enhance the protectibility of the marks and to take full advantage of trademark laws. These symbols serve as notice to the public that trademark rights are asserted in the marks protected by the university.

Use of the proper trademark designation symbols can serve as evidence in litigation.  If the university has not required third parties to use the proper symbols for marks that have been registered, the university may be precluded from recovering profits and damages unless it can be established that the defendant had actual notice of the university’s registrations.

CLC requires by contract that all licensees affix the proper trademark designation symbols adjacent to the mark. By requiring licensees to use the symbols, the university is able to enhance the protectibility of its marks as the licensees are acknowledging that the university does in fact have certain rights in its marks.

 

Should I trademark?

A trademark or service mark may be a word, name, symbol, or any combination thereof that is used by its owner to identify or distinguish goods or services from those of others. Rights in trademarks and service marks arise as a result of use of the mark in commerce to identify the source or origin of goods and services. In addition, a trademark remains the property of the owner so long as the owner continues to use it properly as a trademark.

It is always a good idea to protect a logo through the United States Patent and Trademark Office. By applying for and obtaining a registration you will have the ability to take a strong stance against entities that may want to take the mark and use it for their own benefit. This is true especially after you have built some recognition of the mark.

The important factors involved in deciding to register the mark is if you plan to use it long term (registration lasts for 10 years). Cost is another factor. The initial search would run $500–700. There is an additional cost of $3,000–5,000 for filing and obtaining a registration per class. There are several classes that registrations of a trademark may be obtained depending on the use of the mark. The system marks are registered in class 41, which is for education and entertainment. Other types of classifications of goods and services are 12 — vehicles, 21 — housewares and glass, 25 — clothing, and 28 — toys and sporting goods.

Another option would be to start using the mark and place a TM next to the logo to indicate that the university is claiming trademark rights in the design. The downside to not using the trademark designation is that we could not claim that someone was on notice that we were claiming ownership in the mark. If after one or two years we feel that the mark is strong and will not be recreated we can then begin applying for registration.

If you want to move forward with the trademark registration process we will need you to provide an account number for billing of services, artwork of the mark, description of the goods/services in which the mark(s) will be used, exhibits of use in commerce and date of first use in commerce.

Please complete the following questionnaire and submit the fully executed document to the Office of Trademark Licensing, Craig Westemeier, Campus Mail: E2400.

Upon receipt of this information, we will contact trademark counsel, Pirkey Barber, to begin the process. The full application process for federal registration of a mark takes 12–18 months.