What is a trademark?
A trademark is a word, name, phrase, symbol or any combination thereof that identifies and distinguishes goods or services of one party from those of others. A trademark is a brand name. Rights in trademarks arise as a result of the use of the marks 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 and protects its authenticity as a trademark.
What qualifies as a trademark, logo or symbol?
Any mark, name, logo, symbol, nickname, abbreviation, word, mascot, slogan, uniform insignia or landmark that is associated with The University of North Carolina at Pembroke and is distinguishable from any other university, team or organization.
Who must be licensed?
Any individual or company that wishes to receive permission to use any or all of its trademarks/logos on products or services sold in the marketplace, whether wholesale, retail or online. Other activities, such as some noncommercial use of trademarks/logos, may or may not need to be licensed. Some activity may constitute fair use or free speech so as not to require license. Advice in that regard should be sought from your own legal counsel.
What products can be licensed?
UNCP will not license activity which it believes would disparage the University or any of its trademarks, or would be libelous, slanderous, scandalous, offensive, and vulgar or constitute an unfair trade practice,
or otherwise reflect negatively on the University. Some activity may constitute fair use or free speech so as not to require license. Advice in that regard should be sought from your own legal counsel.
How can I obtain a licensing application?
You can obtain an application for a License Agreement directly from Learfield. This application can be downloaded from their website at: www.smaworks.com.
Does all artwork have to be submitted for approval?
Yes. All art designs once approved by the requestor must be submitted to Learfield for approval prior to products being produced.
How much does it cost to become licensed?
The cost for a Standard License Agreement is:
- $100 non-refundable application fee
- 10% royalty fee for UNCP products
If I am a student or from a department at UNC Pembroke, do I need to ask permission to use a trademark?
Yes. It is important for UNC Pembroke to protect the trademarks and controlling their use will maintain their value.
If the product is not going to be resold, does it have to be produced by a licensed vendor?
Yes. All items bearing the UNC Pembroke marks must be produced by a licensed vendor whether they are for resale or not.
Are any requests exempt from royalties?
Generally, all items are subject to royalties. However, each appeal at this point in our licensing program will be reviewed on a case-by-case basis by the Office of University Communications and Marketing and the University Licensing Committee.
What does UNC Pembroke do if unlicensed merchandise is discovered in the marketplace or on campus?
Merchandise produced without authorization may be considered counterfeit or infringing and subject to all available legal remedies and may be confiscated.
How can I obtain a list of licensees?
The list of licensees is anticipated to be dynamic. Vendors that have already been licensed and previously utilized will appear in BraveCart. However any vendor that competes successfully to produce a UNC Pembroke branded item must become licensed prior to producing the product.