THE UNIVERSITY OF NEW MEXICO POLICY ON COLLEGIATE LICENSING & TRADEMARK USAGE

BACKGROUND
The University of New Mexico Board of Regents on behalf of the University of New Mexico has registered the names, logos and trademarks of the University with the Patent and Trademark Office of the United States. The University has delegated the responsibility for this program to the Department of Intercollegiate Athletics (Director of Licensing).

WHAT IS A TRADEMARK?
A trademark is either a word or a symbol or design (or combination of these) which identifies and distinguishes the goods and 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". Normally a trademark for goods appears on a company's products or packaging, while a service mark appears in advertising for its services.

UNM gains significant benefits from the operation of a licensing program. UNM's marks and the reputation they represent are important assets and one of University's primary goals is to protect and promote these marks. The names, initials, logos and graphics associated with the University of New Mexico are all trademarks belonging to the University of New Mexico. By law these trademarks cannot be used commercially without the Licensing Director's permission. Violation of this law is a misdemeanor.

HOW TRADEMARKS WORK FOR THE UNIVERSITY OF NEW MEXICO
The widespread use of the UNM mark on letterhead, signs, brochures and products broadens and enhances the image of our school. It also serves as a subtle form of advertising. People wearing T-shirts supporting UNM programs advertise the school - they are like walking billboards. In order to protect UNM's good name and prestige, its trademarks must be used properly.

THE ROLE THAT LICENSING PLAYS
UNM licenses the use of its marks to specific manufacturers, thereby controlling who uses our name and for what purpose. Through licensing agreements we ensure that only approved representations of UNM's marks appear before the public. Maintaining a consistent, recognizable image on quality products reinforces UNM's image of excellence, thereby adding value not only to retail products, but to all services and products of the University.

The University of New Mexico receives a percentage of the licensee's net sales every time a licensee sells a product bearing the UNM trademark. This revenue goes directly into funding alumni and athletic programs on campus.

MISSION

  • The mission of the University of New Mexico Licensing Department is to:
  • Insure proper use of those trademarks, service marks, logos and insignias that have come to be associated with the University of New Mexico;
  • To generate unrestricted income to support the operational goals of the UNM Athletic Department and UNM Alumni Association and enhance the quality of life for student athletes, faculty, staff and students across the campus;
  • To protect the reputation, good name and image of the University of New Mexico by permitting only appropriate uses and assuring that only quality products bear the institution's name, initials, logos or marks.

POLICY STATEMENT
1. The use of any trademark, trade name, logo or symbol which identifies the University of New Mexico may not be used without the prior expressed written authorization of the University of New Mexico Licensing Department. Products bearing those marks and distributed for resale or other promotional purposes are subject to the licensing policies of the University.

2. Only an officially licensed vendor is approved to produce emblematic merchandise bearing the University of New Mexico marks. For a current list of officially licensed vendors, please contact the UNM Licensing Department

3. University logos cannot be used to endorse or promote a private group or business unless authorized by a formal contract or sponsorship agreement (approved by the Licensing Director). Private companies are allowed to use University logos only after entering into a promotion-specific agreement with the University.

4. Merchandise produced without written authorization may be considered "counterfeit" and subject to all available legal remedies, including seizure of the merchandise.

HOW CAN THE UNM DEPARTMENT OF LICENSING PROVIDE ASSISTANCE?

  • Licensing Agreements, terms and conditions
  • Licensing Applications
  • Contract Compliance/Administration
  • Contract Renewal
  • Current Licensee list
  • Retailers of UNM products
  • Special events and promotional opportunities
  • Premium product sourcing
  • Graphic product review/approval
  • Packaging, labeling, advertising review/approval
  • Design and production assistance
  • Trademark Registration
  • Infringement Resolution

For assistance or referral please contact:
Brad D. Hutchins
Senior Associate AD/ Marketing & Revenue 
The University of New Mexico
Department of Athletics
1414 University SE
Albuquerque, NM 87123
(505) 925-5606
(505) 925-5609 (fax)
hutchins@unm.edu

REGISTERED MARKS
The following marks are federally registered on behalf of the University of New Mexico:

All other names, symbols, initials or graphic designs which refer to the University of New Mexico are protected by common law by the United States government.

PROCEDURES
Department of the University of New Mexico wishing to order merchandise that bears a registered (or common law) trademarks, trade name, service mark or logo of the University of New Mexico must first secure written approval from Director of Licensing. An "art approval form" must be completed and submitted with design work, when seeking approval.

Logos are to be used "as registered", including the appropriate trademark designation. They may not be otherwise altered without authorization from the Department of Licensing.

LABOR PRACTICES/CODE OF CONDUCT
The University of New Mexico is committed to the concept that all merchandise bearing reference to UNM (including each department and recognized club and organization affiliated with the University) will be manufactured by companies whose labor policies insure their employees are safe from abusive labor conditions including (but not restricted to) physical abuse, sexual discrimination and harassment, child labor and environmental contamination.

In addition, all Licencees must adhere to the policies and procedures of the Fair Labor Association (FLA).

In order to insure the broadest interpretation of this policy, UNM requires that any custom imprinted product produced for the University (including departments and recognized clubs and organizations) be manufactured by those companies that are appropriately licensed to use University trademarks (licencees), and are in compliance with the University's and FLA's Policies & Procedures.

IMPLEMENTATION

  • All products bearing the University of New Mexico's brand(s) must be approved and licensed as specified by the University. Resale items will be subject to the current standard royalty rate established by the University.
  • Premium items, regardless of distribution points, are also subject to licensing requirements. Royalties will be determined based upon the scope of the promotion and the parameters set by the University.
  • Institutional marketing materials produced by the University for official University business shall meet the criteria established by the University's Identification Guide.
  • Other promotional items, regardless of production method or source of distribution, are subject to the approval process.
  • On-campus groups and departments must source commercial and consumer products bearing any UNM trademark through a licensed vendor. The term "commercial and consumer products" includes goods for resale or to be given away. Commercial use is only permitted by license or authorization from the University Licensing Director. Items used for promotional purposes (giveaways, premiums etc) are considered commercial, but may be eligible for a royalty exemption if offered to an internal audience. Written requests for royalty exemptions from the respective campus department or group will be reviewed by the Licensing Director. Unless the campus department or group is in possession of a signed royalty exemption form, all product that is manufactured for that department or group will be subject to full royalties.

COMMERCIAL USE AUTHORIZATIONS

  • University logos cannot be used to endorse or promote a private group or business unless authorized by a formal contract or sponsorship agreement. Private companies are allowed to use University logos only after entering into a promotion-specific agreement with the University.
  • Before using a UNM trademark, an individual, group, business, advertiser (or publisher) must request authorization from the University. Authorizations may be granted under the following conditions:
  • A company is an "Officially Licensed" manufacturer of UNM merchandise.
  • A company is a "Corporate Partner" of the UNM Athletic Department and trademark usage is specified in their sponsorship contract.
  • Logo usage is authorized as part of an agreement with the University of New Mexico.
  • Companies and individuals wishing to extend congratulatory messages or statements of support, who do not meet the above criteria, may receive authorization to use prescribed trademarked verbiage (eg GO LOBOS!!). Such messages must be clearly separate from the sale or promotion of any products not specifically licensed by the University of New Mexico.

INTERNAL CAMPUS USAGE

  • Departments of the University and recognized clubs and organizations participating in fund-raising activities are also required to purchase emblematic merchandise from "Officially Licensed" vendors. Royalties are charged. Fund-raising activities that include the use of commercial sponsor's names or logos, on the licensed product, will be assessed a higher royalty.
  • All departments of the University of New Mexico, recognized campus clubs and organizations, individuals and companies are required to obtain approval from the Director of Licensing prior to producing any products that utilize the University's registered and/or common law trade names, trademarks and service marks, regardless of use or method of distribution.

GUIDELINES FOR USE OF UNIVERSITY MARKS

WHAT ARE THE UNIVERSITY'S MARK?
The University is entitled to claim trademark rights in University Marks based on its continuous use of the marks. The University holds federal registration in the Institutional and selected Athletic Marks, and is pending for some additional Athletic Marks. University Marks also are registered with the State. Registration at the federal and/or State level is not required in order for the University to claim rights in its trademarks; however, registration notifies the public of the University's ownership and, in the case of federal registration, provides benefits that are otherwise not available.

WHY DOES THE UNIVERSITY CARE WHO USES ITS MARKS OR HOW?
The University must control and monitor the use of its Marks or risk losing its right to use them as unique University identifiers. The University has a strong interest in controlling use of its Marks for other reasons: ensuring that any products or services that bear University Marks are of high quality and are used only in connection with products and services with which the University has chosen to be identified and which, as a result, it has assumed some level of responsibility; preventing misleading or inaccurate portrayals of the University's relationship to others or to activities and preventing others from taking advantage of the good will the University has developed and which is symbolized by its Marks; and ensuring that products and services bearing University Marks protect the integrity and reputation of the University, maintain and build upon the good will of the University, and promote support and increase awareness of the University.

HOW DOES THE LICENSING AND APPROVAL PROCESSES WORK?

1. Commercial Uses: Any non-University persons or entities or University departments, students, employees or registered student organizations that wants to use University Marks in connection with the commercial sale or resale of goods or services must obtain products from a University-licensed vendor or themselves be licensed before offering products for sale. Advance approval from the University is required whether the commercial use will be ongoing or associated with a one-time event, such as using a Mark on a poster announcing an event or on an item to be sold as fundraiser.

a. Retailers must obtain products from a University-approved licensee.

2. Noncommercial Uses That Do Not Require Prior Approval: Most uses of University marks by University-affiliated departments and groups do not require prior approval, including:

a. The uses of University Marks by University departments in the ordinary course of conducting University business provided they make no changesto University Marks.

Examples include the use of unmodified University Marks on signs, flags, uniforms, official University Web sites, official University catalogs, publications, reports and similar materials, course materials used in University courses, and on stationery and business cards by University departments as directed in the University Visual Identity Guidelines.

b. Use of the name of the University or University Marks in connection with news reporting and other fair uses that do not undermine the University's rights in its Marks.

  • Noncommercial Uses That Require University Approval: All proposed modifications of University Marks require prior University approval. All uses of University Marks by nonUniversity commercial entities require prior approval even if the proposed uses do not involve the sale of a product; e.g., exhortatory announcements in newspapers or athletic programs.

    a. University groups and departments other than registered student organizations should Submit the request form to the academic department or the director of the nonacademic department with which they are affiliated to obtain approval for noncommercial uses.

  • Student Athletes. Any and all uses of the name and/or images of University student athletes must comply with NCAA rules. Questions should be directed to the Compliance Office in the Department of Intercollegiate Athletics.

UNAUTHORIZED USE OF UNIVERSITY MARKS:Any use of University Marks that does not comply with the University's licensing and approval requirements and Trademark Use Standards will be considered unauthorized and may violate Federal and/or state laws.

The University reserves the right to take appropriate action when confronted with unauthorized uses of its Marks. Depending on the facts, such action may include confiscation of goods and issuance of a cease and desist letter.

For further information about using University Marks, contact the University Director of Licensing at 505.925.5606