Policies for the use of
University of Wisconsin® Indicia
Introduction
In 1988, the University of Wisconsin-Madison (herein after referred to as the University)
established a trademark licensing program to protect the use of its logos and insignias.
This program is administered under the Chancellor’s Office.
The Collegiate Licensing Company has been the University’s licensing agent since 1988.
The Atlanta-based CLC oversees the use of trademarks on apparel and other merchandise
for more than 200 universities, colleges, conferences, bowl games and the NCAA.
The University has licensing agreements with approximately 500 companies. The
University trademark licensing program has generated nearly $28.5 million in revenues
since 1988.
What is Collegiate Trademark Licensing?
Among colleges and universities, countless third parties wish to associate themselves
commercially with a school’s tremendous prestige and spirit.
The University asserts ownership and all right, title, and interest in and to its indicia,
which includes trademarks, service marks, trade names, designs, logos, seals, symbols,
mascots, slogans and any other indicia that is associated with or refers to the University.
The purpose of the Office of Trademark Licensing at the University is to protect and
control the use of its indicia as well as the quality and appropriateness of products,
promotions, and advertising upon which those indicia are used.
Definitions
Indicia – identifying marks.
Insignia – a distinguishing sign.
Trademark – a name, symbol, or other device identifying a product, officially registered
and legally restricted to the use of the owner or manufacturer.
Why is it Necessary?
Licensing of University trademarks promotes and protects the image of the University as
well as fulfills the needs of consumers wanting goods bearing University marks, symbols
and insignias. Trademark licensing creates a cooperative and positive working
relationship between the University, the manufacturers of approved and authorized
products, and the retailers of these products.
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Policies for the use of
University of Wisconsin® Indicia
How Does Collegiate Licensing Work?
In return for the right to use the University name and marks on products, a University
license requires a company (called a licensee) to sign a license agreement, which sets
forth the specific rights and responsibilities of the school (the licensor) and the licensee.
The University typically receives a 10% royalty. The royalty is based on the wholesale
cost of the goods, and is in essence considered the “rental fee” for the use of the
University’s trademarks on the product(s).
Where Do Licensing Revenues Go?
Licensed manufacturers pay the University a royalty on all products sold. These
revenues are split by the Athletic Department and Bucky Grants, financial-aid
scholarships for need-based University students.
What is University Indicia?
The University asserts ownership and all right, title, and interest in and to its indicia,
which includes trademarks, service marks, mascots, images, slogans and any other indicia
that is associated with or refers to the University.
The Board of Regents of the University of Wisconsin System owns University indicia
and the Office of Trademark Licensing oversees day-to-day use. Examples of University
indicia include any graphic representation relating to the following:
University of Wisconsin
University of Wisconsin Madison
University of Wisconsin Badgers
Badgers
Bucky Badger
Wisco
UW
Kohl Center™
The Motion W logo (requires )
Logo of Bucky Badger head ()
Football helmet logo ()
Numen Lumen seal ()
Wisconsin
UW-Madison
Badger
Wisconsin Badgers
Bucky
Fifth Quarter
W
Camp Randall Stadium™
Bucky Badger logo (requires )
Bucky Badger on W logo ()
Crest W logo ()
The director of trademark licensing will be the clearing entity for all of the abovementioned indicia.
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Policies for the use of
University of Wisconsin® Indicia
Are There Restrictions on Who Can Produce Items Using UW Trademarks?
Yes. Only companies that are officially licensed by the University are permitted to
produce items using University trademarks. Approximately 500 companies are licensed
with the University. The Office of Trademark Licensing can assist you in providing
information on licensed companies (www.licensing.wisc.edu).
What Happens If A Trademark Is Used Without a License?
It’s in the best interest of the University to legally protect its image through the trademark
licensing program. Unauthorized use of University insignia may infringe upon the
University’s trademark rights, punishable by law (15 U.S.C. 1125 and Chapter 132,
Wisconsin Statutes).
The University must enforce its legal rights, or ultimately it will lose the ability to control
the use of its indicia.
What Products May Be Licensed?
The University will consider most products. However, no product will be licensed
without the approval of the University’s trademark licensing director.
The following products will not be licensed:
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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.
Business Names and/or Logos—All types.
By assuring that products carrying University marks are of high quality and good taste,
misrepresentation of the University is prevented and its reputation as a world-class
university is maintained. The scrutiny of products also assures that the liabilities
associated with products are minimized by not approving dangerous items.
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Policies for the use of
University of Wisconsin® Indicia
How Do I Become Licensed with the University of Wisconsin Madison?
For details concerning licensing, royalties, rates and products, contact the University’s
licensing agent and ask for information about becoming a University of Wisconsin
licensee:
The Collegiate Licensing Company
290 Interstate North Circle, Suite 200
Atlanta, GA 30339
Phone: 770/956-0520
Fax: 770/955-4491
www.clc.com
Questions also may be directed to:
The Office of Trademark Licensing
University of Wisconsin
Camp Randall Stadium
1440 Monroe Street
Madison, WI 53711
Phone: 608/265-1152
Fax: 608/265-1154
www.wisc.edu/licensing
Cindy Van Matre
Trademark Licensing Director
cvm@athletics.wisc.edu
Laurie Lind
Trademark Licensing Assistant
LLL@athletics.wisc.edu
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Policies for the use of
University of Wisconsin® Indicia
What Rules Apply to the Use of Indicia by University Entities?
University campus departments, camps, clubs and organizations are exempt from paying
royalties if the merchandise purchased is for internal use and not for resale. Internal use
items are usually office products. Apparel items generally are not for internal use.
1. University campus departments, camps, clubs or organizations are not exempt
from royalties if the items are intended for resale, which means that individuals
pay for the item or price of item is built into a fee (such as race entry fee).
2. University campus departments, camps, clubs or organizations are not exempt
from royalties if the items are intended for resale.
3. University campus departments, camps, clubs and organizations may use
University marks to promote their activities (i.e., posters advertising functions,
brochures, stationery, etc.) but the Office of Trademark Licensing must approve
all usage.
4. Purchases must be made from licensed or approved vendors to ensure quality,
consistency and appropriateness of design on the goods. This is true even if
purchases are exempt from royalties.
5. All uses of University indicia, whether for internal consumption, club shirts,
camps, departmental use, etc., should be reviewed by the director of trademark
licensing to ensure quality and consistency of product and application and proper
use of designations.
6. Products or promotions that refer to current student-athletes enrolled at the
University will not be approved unless the product or promotion is in compliance
with NCAA regulations.
7. All University departments, clubs or organizations that produce publications shall
require that advertisers of products bearing University indicia in publications or in
athletic or special event programs must be licensed.
8. Promotional programs developed by departments, clubs or organizations will
conform to University promotional and/or sponsorship licensing policies and
procedures.
What Rules Apply to Media or Informational Use of Indicia?
1. References to the University indicia by news media for informational purposes to
identify the University are not subject to the licensing program.
2. A reference to University indicia in advertising by retailers or manufacturers
requires the University's approval, as specified in the license agreement.
3. Retailers or licensed manufacturers may use pictures in advertisements showing
licensed products with University indicia for sale without requiring approval.
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Policies for the use of
University of Wisconsin® Indicia
4. Schedule cards or posters that include the University's name, but no logos or
slogans, are not subject to the licensing fee and are considered for informational
use. Any use of University indicia, other than the name, shall require licensing,
although the University may elect to waive royalties if it receives other benefits,
such as publicity, from such use.
5. Schedule cards, posters, calendars, etc., which are used to generate revenues
through the sale of advertising, require licensing, the University's approval of
advertisers, and a royalty on the sale of advertising.
6. Photographs of campus scenes or monuments are considered informational use
and are not subject to the licensing program unless they feature University indicia
and are exploited commercially. The use of such photographs on commercial
products requires approval by the University and may require licensure. Each item
will be reviewed on a case-by-case basis.
7. Photographs taken at athletic events may only be used for news and editorial
purposes. Photographs of former University student-athletes may not sold without
their consent and written permission.
8. Questionable uses of University marks on schedule cards, posters, calendars,
photographs, etc., should be analyzed on a case-by-case base to determine if
infringement has occurred.
9. With the exception of certain businesses that were established prior to the
University's licensing program in 1988, private and/or corporate businesses are
not allowed to use University indicia in their business name. The Office of
Trademark Licensing will work closely with the area Chamber of Commerce to
monitor all off-campus businesses.
10. The University of Wisconsin, UW, Bucky, Badger or Badgers cannot be used by
private and/or corporate businesses in the sale of commercial products or
advertising. University indicia cannot be incorporated into off-campus business
telephone numbers, internet addresses or internet domain names.
11. The University does not permit the use of its identifying graphics by any other
institution or business. The director of trademark licensing can make exception to
this policy on a case-by-case basis.
Are Royalties Always Required?
1. The University concurs in the basic concept that no user of its indicia should be
exempt from its licensing program and will make every good faith effort to follow
this basic concept.
2. The University reserves the right to grant exemptions to any user, if
circumstances warrant that it would be in the best interests of the University and
good public relations. The director of trademark licensing will make any
exemption decision.
3. Special rules apply to the use of indicia for internal University purposes.
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Policies for the use of
University of Wisconsin® Indicia
4. Artwork sold for individual display shall not require licensing, i.e., a painting to
be framed or individually produced sculptures; however, note cards, posters, or art
prints bearing University marks are not exempt.
5. Programs for athletic and special events on campus are not subject to licensing
regardless of whether they are given away or sold. Advertisements appearing in
the programs, however, must follow advertising and licensing guidelines.
What Rules Apply to Corporate Sponsorship Agreements?
1. Corporate sponsorships are formed when an institution grants to another entity, or
sponsor, the rights to associate with the institution, or an event conducted by the
institution, to indirectly enhance the sale of its products or services and directly
promote the institution or event through its association with the sponsor.
Sponsorship may take many forms. Generally, the sponsor is willing to pay
dollars or provide products or services in the exchange for the right to associate
itself commercially with the institution or event. Corporate sponsorship contracts,
when negotiated by or through campus departments or organizations, may include
special promotional opportunities for the sponsor.
2. Some commercial use of University indicia may be allowed where a sponsor will
indirectly enhance the sale of its product or services and directly promote the
institution or event through its association with the University. This does not,
however, allow unrestricted use of the indicia. Each use is to be individually
reviewed for quality, appropriateness, and image projection by the Office of
Trademark Licensing.
3. Each corporate sponsorship contract should spell out the extent to which the
sponsor may use University indicia, including, but not limited to:
a. Type and value of products offered;
b. Extent of distribution;
c. Geographic area of distribution;
d. Specific time period of distribution;
e. Guidelines for proper use of UW indicia, including the need for approval;
and
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Policies for the use of
University of Wisconsin® Indicia
What Rules Apply to Promotional License Agreements?
1. Promotional license agreements are made in conjunction with the University
athletic marketing department and Badger Sports Properties.
2. Promotional license agreements shall be signed with licensees who desire to:
a. market products to be used as premiums (licensed articles given free or
sold at less than the usual selling price for the purpose of increasing the
sale, or promoting or publicizing any other product, service or
organization); or
b. utilize indicia in promotions (any activity by licensee involving the
presentation of indicia through advertising, publicity or other means of
exposure in or on licensed articles, point-of-purchase displays, prints,
electronic or any other medium).
3. Each promotional license will be considered individually, separate and apart from
any other promotion run by the licensee.
4. Rights and fees may be charged in addition to a 12% royalty on the promotional
product.
5. Products bearing University indicia on which advertising is sold (calendars,
posters, etc.), if approved, will be treated as a promotional license.
6. A commercial entity's name or logo should not be used with the marks of the
University where it might appear to show a direct affiliation with the UW, except
within sponsorship guidelines.
What Rules Apply to Manufacturer License Agreements?
1. Manufacturer license agreements are typically arranged through the Collegiate
Licensing Company (www.clc.com).
2. As a general rule, the University does not grant exclusive licenses for a specified
type of product. Under unusual circumstances, the University may consider an
exclusive license, but such would require review and written approval by the
University.
3. The University prefers to license the manufacturer of the product. In some cases,
the manufacturer is the entity that adds the value of the indicia to the product and
sells the product through classic retail channels. Manufacturers are subject to the
standard non-exclusive license.
4. The University may allow distributors to become licensed under strict guidelines.
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