Policy on Licensing of University-Owned Trademarks

University Policy: 
601
.17
Executive Summary: 

This Policy sets standards and procedures for the responsible use of the University’s logos, trade name, and trademarks on any item. The University Licensing Program protects the name and logos of the University of North Carolina at Charlotte from undesirable commercialism and the University’s trademark integrity through its internal quality assurance and product approval process.

I.    Policy

A.   The University of North Carolina at Charlotte has registered its logos, trade name, and trademarks (“indicia”) to protect them from unauthorized use and abuse.  Permission is required before they may be reproduced in any way.  The use of the University's indicia on a website is also protected by federal trademark laws. 

UNC Charlotte websites, stationery, flyers, leaflets, signs, banners, displays, and other electronic and printed material must follow the brand standards of the University found at: brand.charlotte.edu.  Any questions regarding these materials should be directed to University Communications at: ucomm.charlotte.edu.

B.   It is the policy of UNC Charlotte that merchandise (including, but not limited to clothing, hats, mugs, games, sports equipment, decals, etc., but not electronic or printed media such as announcements, flyers, or brochures) bearing the logos, names, or indicia for which licenses are granted by The University of North Carolina at Charlotte must be produced by an approved and licensed vendor, regardless of the purpose or use of the items. 

University indicia include all University academic and athletic marks, as well as University name variations, including, but not limited to, UNC Charlotte, Charlotte Forty-Niners, The University of North Carolina at Charlotte, UNCC, Forty-Niners, 49ers, and Niner Nation.  A current logo sheet, which includes many, but not all, University indicia that may be licensed to third parties by the University of North Carolina at Charlotte can be found at: aux.charlotte.edu/about-us/licensing/university-marks.

Prior to production, all items that would bear University indicia must undergo review for approval by the University’s Licensing Program servicer and the University Licensing Program Manager.  Royalty payment enforcement, collection, and audit will be implemented as set forth by the University Licensing Program.

C.  UNC Charlotte’s marks may not be used in conjunction with the name or trademark(s) of any other entity or individual without the prior written permission of that entity and the University Licensing Program Manager. Approval of any such dual use of the University’s marks will be limited to instances of compelling institutional interest for allowing such a use. Similarly, UNC Charlotte’s marks may not be used in any manner that suggests or implies the University’s endorsement of other organizations, companies, products, services, political parties or views, or religious organizations and beliefs without prior written permission.

D.  All items bearing UNC Charlotte indicia must be properly licensed. Proper licensing ensures that the quality and integrity of the University’s indicia are preserved by:

  • Being protected and not abused;
  • Being used in a manner consistent with the best interest of the University;
  • Being produced in a manner consistent with directives from the UNC Charlotte Graphic Artist; and
  • Being used on high quality items in accordance with the University’s Licensing Program servicer's licensee standards.
  • All uses of UNC Charlotte marks on products should incorporate the appropriate trademark designation symbols (i.e., ® or ™).   No changes, deletions, or alterations to the marks are allowed.

E.   This Policy does not apply to trademarks that the University may obtain on technology, products, or services that result from commercialized research conducted by the University, such as those created under the auspices of the Office of Research Commercialization and Development. Such trademarks shall be managed and licensed through the Office of Research Commercialization and Development.

II.         Definitions

The following definitions apply to the terms in this Policy:

A.   Licensor and Licensee: The term “licensor” means UNC Charlotte, and the term “licensee” means the person or entity that enters into an agreement with UNC Charlotte or its Licensing Program servicer to use UNC Charlotte indicia.

B.   Royalty: The term “royalty payments” or “royalties” means fees, whether ongoing or  lump-sum, paid by a licensee to the licensor in exchange for the right to use intellectual property owned by UNC Charlotte, including items bearing any indicia of UNC Charlotte that are resold, regardless of whether they are sold for profit.

C.  Resold: The term “resold” means any exchange of money for goods and includes “donations” for exchange or “membership” to a group or “access” to an event. 

III.        Procedures

A.        Vendor Licenses

1. License Types

All local and national vendors seeking approval for manufacturing or selling products with University indicia must apply for a license through the University’s Licensing Program servicer.  These licenses include:

  1. Retail License: A Retail License allows a company to produce products bearing the trademarks of unlimited collegiate institutions for sale in designated retail channels, direct to consumer, and university departments and related entities.
  2. Internal Campus Supplier License: An Internal Campus Supplier License allows a company to produce products bearing the trademarks of collegiate institutions for university departments and related entities for internal consumption only and cannot provide such products at retail or direct to consumer.
  3. NCAA/Bowls/Conference Licensing: The University’s Licensing Program servicer has a separate licensing process for “hot market” events, including NCAA tournaments, the College Football Playoff, bowl games, and athletic conferences. 
  4. Information on obtaining licenses through the University’s Licensing Program servicer is available on the University Licensing Program website.

2. License Requirements

a. Vendors

Every vendor who is licensed is required to attach the "Officially Licensed Collegiate Products" label to the product should the product be for resale and royalty-bearing.

Vendors must apply to become a licensee and be approved prior to production.  Information such as compliance history, accounting history, marketing plan, product/design uniqueness, product quality, and market need/saturation are taken into account when determining whether or not a vendor will be licensed.

For more information on license types, timelines, and costs contact the Licensing Program Manager, 146A Auxiliary Services Building, 704-687-7683.

b. Student-Athletes

Student-athletes are subject to the limitations and requirements of the “Green Light” Charlotte Name, Image, and Likeness (NIL) Rules and Regulations with regard to use of the University’s marks and logos.

B. Royalty Payments

1. All licensees, except as indicated in Section III.B.2 below, are required to pay royalties to UNC Charlotte in exchange for the right to use intellectual property or physical assets owned by UNC Charlotte.

2. A Department or Affiliated Group (as defined in Policy 601.6, Scheduling University Facilities) or a Registered Student Organization (studentorgs.charlotte.edu) may be considered for royalty payment exemption when producing an item that bears one or more University indicia if the following conditions are met:

a.   Departments or Affiliated Groups:

  1. Items can be only used as follows:
    1. Internal consumption (usage by/within the department or group)

An internal consumption item is an item that happens to bear a UNC Charlotte inidicia but is otherwise a work-place necessity that is used by a campus department in the ordinary course of business.  Examples include stationery for departmental use, and uniforms required to be worn by employees.

  1. Promotional usage (giveaway, not resold)

Promotional usage for resale of a sub-branded item only when the price of the item being resold does not exceed original product cost; Campus departments are not allowed to sell emblematic items without the department’s sub-brand.

  1. Outside sponsorship logos, marks, or indicia are not included

Generally, non-UNC Charlotte sponsorship logos, marks, or other indicia may not appear on the item. However, an exemption may be allowed under certain conditions.  Contact the University Licensing Program Manager to determine whether an exception may be granted.

  1. The item(s) must be approved in writing in advance by the University Licensing Program Manager for exemption from royalty payments.

b.   Registered Student Organizations:

  1. Item(s) must include the Student Organization name and can only be used as follows:
    1. Internal consumption (usage by/within the group);
    2. Promotional usage (giveaway, not resold); or
    3. Fundraising (club sub-brand or event name may also be included).
  2. The item(s) must be approved in writing in advance by the University Licensing Program Manager for exemption from royalty payments.

C. Incidental Identifying Use

Faculty, staff, and students may use the University’s logos, trade name, or trademarks for the limited purpose of identifying their affiliation with the University on research proposals, academic presentations, or proposals for academic or research funding, provided that any such use is approved in advance by the University Licensing Program Manager.

Revision History: 

Authority: Chancellor

Responsible Office: Business Affairs

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