Trade Name and Trademark Policy
Clemson University Administrative Policy
Office of Primary Responsibility: Division of Marketing and Communications
Adopted: 9/13/2010
Revised: N/A
Purpose
To designate the individuals authorized to approve use of Clemson University’s registered trade names and trademarks and to describe the procedure for obtaining such approval.
Application
This policy applies to any use of a Clemson University registered trade name or trademark by any person, business or organization, including organizations affiliated with Clemson University such as its foundations and student organizations.
3.0 Policy
Any person, business or organization, including organizations affiliated with Clemson University, which wishes to use any Clemson University registered trade name or trademark must obtain prior, written permission for that use from the following individual:
- For any commercial use and for any athletic-related use, the approving party is the associate director of athletics for marketing and promotion; and
- For any noncommercial (promotional) use, the approving party is the AVP of Marketing and Brand Strategy in University Relations.
- Noncommercial use of registered marks and logos by student or University organizations or departments must comply with Clemson’s Board of Trustee-approved brand policy and visual identity guidelines.
3.1 Definition of Terms
“Trade name” and “trademarks” are all those marks, names, phrases and images that are registered by Clemson University to protect commercial use of those marks. According to Clemson’s Intellectual Property Policy, “trademark” is a word, phrase, symbol or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others. 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 Intellectual Property Committee (IPC) is concerned only with trademark issues that pertain to patented or copyrighted intellectual property of the University. All other trademark issues should be directed to the appropriate University officials (identified in 3.0).
4.0 Procedures
Persons wishing to obtain permission to use a Clemson University registered trade name or trademark should send a written request to the appropriate office (see 3.0, above) setting forth the specific name or marks to be used, the specific purpose of the use and the duration/period of the intended use. The responsible person shall respond to the requesting party in writing either granting or denying permission to use the requested names or marks. Permission to use a Clemson University trade name or trademark may include the requirement for execution of a license agreement and/or the payment of royalties. Typically, any commercial use of trade name or trademark will result in the payment of royalties and any noncommercial use will not include royalties, but each case will be determined on its own merits.
