Martin T. Meehan, J.D., President University of Massachusetts, Zunilka Barrett, Secretary, University of Massachusetts Board of Trustees, Lisa A. Calise, Senior Vice President for Administration & Finance and Treasurer, Kyle S. David, University Chief Audit Officer, Susan Kelly, Chief Operating Officer, David A. Lowy, J.D., General Counsel, David McDermott, J.D., Vice President for External Affairs & Senior Advisor to the President, Michael P. Milligan, Vice President and System Chief Information Officer, Colin P. Murphy, Chief Communications Officer, Nefertiti A. Walker, Ph.D., MBA, Senior Vice President for Academic Affairs, Student Affairs, and Equity
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Description/Purpose, The University’s marks and the reputation they represent are important assets. On behalf of the University and the Trustees of the University of Massachusetts, the Licensing and Trademark Office’s primary role is to protect and promote the use of these marks. Besides its substantial licensing activities, the Five-Campus Licensing and Trademark Office also monitors and regulates commercial, non-…, Definitions, A Trademark is a word, symbol, or design-or a combination of these-, which identifies and distinguishes the goods and/or services of one party from those of another. A service mark is the same as a trademark except that it identifies and distinguishes the source of a “service” rather than a “product.” The “UMASS and University of Massachusetts” trademarks are the exclusive property of the…, Applicability, University community members who produce, requisition or procure items or services bearing University of Massachusetts marks and logos and/or individuals or entities outside the University community that wish to produce, distribute or sell products or services bearing the University of Massachusetts marks regardless of use or method of distribution., Authority for Program Administration, The Director of the Five-Campus Licensing and Trademark Office is responsible for negotiating, and implementing all Licensing agreements and contracts. No other office, department or agency is authorized to perform trademark licensing administration. Controversial products, issues or enforcement activities will be reviewed with the appropriate Campus or President’s Office administrator and/or…, Internal University Community, Internal / Non-Commercial, Use of the University names by registered affiliate organizations and by recognized support groups such as professional associations, employee organizations, athletic, cultural, and other interest groups is permitted within the guidelines of each campus’s Visual Identity Guide. Use of the University names by registered affiliated organizations is permitted as outlined in each campus’s Visual…, Internal Use / Commercial, All University of Massachusetts organizations using the names, marks, logos, seals and/or symbols of the University in any, commercial, venture, whether fundraising, or promotion, are required to seek prior approval for the use of those marks from the Licensing and Trademark Office at the address listed below. Products given away to an internal audience which display any University registered mark and name or mark of the department or student organization can qualify for an exemption from licensing royalties charged to commercial…, Liability Insurance, in the amount of at least $1,000,000.00, naming the University, its employees and the Board of Trustees as additional-insured. No organization, faculty member, staff member, or student may authorize any third party to produce merchandise bearing the University’s name or marks, or authorize or produce items that combine the University name or marks with any third party name or logo unless prior…, Address:, University of Massachusetts Five-Campus Licensing Office Director of Licensing and Trademarks Campus Center Room 910 1 Campus Center Way Amherst, MA 01003 413-577-8126, External Use / Commercial, All external use of the University marks must be licensed or approved by the Five-Campus Licensing Office prior to use. Use includes the manufacture and distribution of all commercial and consumer products, advertising, promotion, domain names, Internet commercial use and all University marks used in conjunction with commercial ventures or Intellectual property licenses. This includes all…, Internet and Website Use, No Commercial website use of the University’s name or marks is permitted without prior Licensing and Trademark Office approval. Commercial use on websites includes all products and services for sale or give-away, as well as, the use of site advertising, banners and commercial links. No University name or mark can be used in the domain name of a commercial website without a license and prior…, Agreements and Contracts, All University Agreements and Contracts that allow an external organization, company or individual to use the University’s name or marks as part of and/or in conjunction with that Agreement or Contract require a secondary Licensing Agreement issued by the Licensing and Trademark office to control the use of the marks and to protect the University from liability. This includes sponsorships, grants…, Proper Use of the Trademarks in Advertising, It is the general policy of the University of Massachusetts to avoid the endorsement of any product or service. University trademarks will not be used in an explicit endorsement of any product or service. However, they may be used implicitly in conjunction with another corporate mark, with the approval of the Licensing and Trademark Office, in the following situations: They can be used…, Obtaining a License, Product and service licenses will be granted to those companies, organizations and individuals who meet all the requirements and standards and whose products, services or promotions are judged to be appropriate to the University. Domestic licensees are effective the first day of the month following completion of the licensing process., Prohibited Products, The University of Massachusetts will not license products or services that defame the University, or are medical, dangerous, harmful, shoddy, obscene, or otherwise deemed inappropriate for reasons of the items characteristics or manufacture., License Terms, The following outlines the general terms which appear in the Standard License Agreement approved by the University’s General Counsel’s Office. The License will specify the Trademarks and the specific products or services that can be used. The License is usually non-exclusive and defines the geographical area in which the licensee is given the right to manufacture and distribute products or…, Royalty Rate of 7½%, on the wholesale cost of all products sold. Orders from campus departments or officially recognized organizations may qualify for royalty exemption when intended for internal use and not resale, but must be accompanied by a pre-approved waiver form. A non-refundable, Advance, payment is required which is applied to future royalty obligations. Royalty, Reporting and Payment, is required quarterly no later than 30 days after the end of each period. Comprehensive general or commercial, Liability Insurance, in the amount of at least, One million dollars, is required, naming the employees and Trustees of the University of Massachusetts as additional insured., Approvals, must be obtained on any product or service that is developed with the University of Massachusetts marks prior to any sale or distribution, including commercial Internet sites. The License is required to submit all advertising, marketing and products for approval at various stages of development. In addition, all products must bear the appropriate trademark designation and the Licensees…, University of Massachusetts Code of Conduct for Licensees., All potential apparel licensees must agree to adhere to the University of Massachusetts Code of Conduct for Licensees prior to securing a License. A copy of the Code of Conduct for Licensees is part of the licensing package and can be made available by contacting the Licensing and Trademark Office. The University has the right to terminate any license immediately for failure to comply with the…, Enforcement, The University is legally obligated to enforce its trademark ownership rights. The University of Massachusetts aggressively enforces the ownership and proper use of its marks, names symbols, and the University’s Licensing and Trademark Office actively polices the market-on campus and off campus-to ensure that there is no unauthorized or unlicensed use. Merchandise or services produced or offered…, Royalty Income, Royalty income that exceeds the cost of administering the Licensing Program is proportionally returned to the Chancellor for each campus or the Chancellor’s designee. The proportion of royalties is determined by each campuses actual use as reported by licensed manufacturers. Any royalties that exceed expenses and cannot be identified by campus are returned annually as a percentage based on that…
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