Jackson
State University
Licensing Program
TRADEMARKS-FREQUENTLY ASKED
QUESTIONS
Q. What
is a Trademark?
A. A trademark is
any word, symbol, design, or a combination
of these, which identifies and distinguishes
the goods and/or services of one party
from those of another.
Q. What
is the difference between a TM and
a ®?
A. Anyone who claims rights to a mark
may use the TM(trademark) designation,
with the mark to alert the public
to their claim of ownership. It is
not necessary to have a registration,
or even a pending application, to
use this designation. The Registration
symbol, ®, may only be used when the
mark is registered with the United
States Patent & Trademark Office
(PTO). One may not use this symbol
before it is registered with PTO.
Q. Is the
name Jackson State University® registered?
A. Yes. In 1999, the Office of the
Vice President for Business and Finance
took steps in registering the following
names and wordmarks. The name, mascot,
seal, and other logos and graphics
associated with Jackson State University®
are protected trademarks. Please note
that any officially adopted words,
images or graphics and/or a combination
of words and images representing the
University are registered.
For example:
Jackson State University® University
Seal®
Jackson State University® “1877” Jackson
State®
Jackson State® Tigers JSU (leaping
tiger to the right) ®
Q.
May I use the University seal?
A. The seal may only be used on official
University documents, such as diplomas,
transcripts, major report covers,
certificates, contracts, formal invitations
and engraved notecards. It may never
be used as a substitute for the Jackson
State University logo. Permission
to use the seal must be granted by
the Office of Contractual Services.
Once permission has been granted,
proper reproduction files or materials
will be made available. Do not scan
the seal from old documents. It often
results in poor quality reproduction.
Q. What
is a Trademark Licensing Agreement?
A. A Trademark Licensing Agreement
evidences permission to use the University
name or trademarks for commercial
purposes granted by a nonexclusive
license in return for royalties.
Q. Who
can participate in the Trademark Licensing
Program?
A. All retailers and manufacturers
of products bearing the trademarks
of JSU® for profit must enter
into a nonexclusive Trademark License
Agreement with the University.
Q. What
kind of merchandise requires a trademark
agreement?
A. All products that are imprinted
with a Jackson State University® trademark
require
licensing. These trademarks include
the name of the University, the University
seal, the athletic
logo and any wordmarks associated
with Jackson State University®
“Home of the Tigers”.
Q. Are
licensed vendors allowed to sell licensed
merchandise on Jackson State University®
campus?
A. No. Licensed vendors are not allowed
to sell licensed merchandise on Jackson
State University®
main campus or on any JSU® off-campus
sites. Follett Bookstore has exclusive
rights to sell
licensed merchandise through our JSU®
Bookstore and on campus, with the
exception of
Homecoming week.
Q. Are
licensed vendors allowed to sell licensed
merchandise at any Jackson State University®
controlled event?
A. Yes. Licensed vendors are allowed
to sell licensed merchandise at Jackson
State University® controlled events,
with the exception on the main campus
or on any JSU® off-campus sites.
Licensed vendors are encouraged to
sell licensed merchandise during football
season and event(s) controlled by
the University or other JSU® events
held at the Mississippi Veterans Memorial
Stadium or other off-campus sites.
Q. Can
licensed vendors sell in the City
of Jackson and the area(s) surrounding
the University?
A. Yes, licensed vendors can sell
licensed product(s) in the City of
Jackson. However, vendors must contact
the City of Jackson, City Clerk’s
Office to obtain a permit.
Q. What
is an infringement?
A. Infringement is simple. It is the
unauthorized use of any registered
marks.
Q. Are
there penalties for infringement?
A. Yes, there are penalties that are
set forth by the University and are
usually administered through the Office
of the General Counsel.
Q. What
actions are taken toward infringers?
A. Office of Contractual Services
will:
- Issue a written warning on site
to the unauthorized user
- Complete and file an Infringement
Report Form
- Notify infringer, where possible,
of their unauthorized usage of the
registered mark (identify product)
and provide information on University
Licensing Program and offer the
opportunity to become an approved
licensee.
- Notify manufacturers, where
possible, of any unauthorized
use of the University name and
trademarks. This office will
explain what constitutes trademark
infringement and provide the
manufacturer with information
on the University Licensing
Program, after all
royalties based on the sale
of the merchandise are paid
to the University.
- If infringer desire not to
take advantage of the offer
by the University, a follow-up
Cease and Desist Form will be
sent by certified mail and copied
to the Office of General Counsel.
- Office of General Counsel
will review and pursue legal
actions, if necessary.
Q. How
does one become an approved licensee
of the University?
A. The University Licensing Program
was outsourced effective July 1, 2007
to Strategic Marketing Affiliates
(SMA). SMA will serve as the University
exclusive licensing administrator
to appoint licensees to use the indicia
on merchandise sold through retail
and wholesale channels, in exchange
for royalties.
Visit www.smaworks.com
|
