FAQ for UW Campus Departments 

Why control use of the University's marks?

The University must control and monitor the use of its marks or risk losing its rights to use them as unique UW identifiers.  The University has a compelling interesting in controlling the use of its marks for other reasons as well. These include, but are not limited to the following:

• Protecting the University's name and ensuring that its use regardless of the unit at UW is compatible with the University's excellence and reputation;
• Ensuring that any products or services that bear the University's marks are of high quality and are used only in connection with products and services with which the institution has chosen to be identified and which, as a result, it has assumed some level of responsibility; and

• Preventing misleading or inaccurate portrayals of the University's relationship to others or activities, or preventing others from taking advantage of the goodwill the institution has developed and which is symbolized by its marks.

Do campus departments have to obtain permission to use University's marks, names, logos, etc. on products? 

Yes, they need to adhere to the University graphic standards manual, purchasing policies, and the trademark licensing policies of the University.  When using an approved licensee of the University, the licensee will provide artwork to the Trademark Licensing Office for final approval.

What qualifies as a University trademark?

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.  Simply put, any mark or design that is representative of any part of the University is considered a University mark, regardless of whether or not it is shown on the licensee artwork sheet.  

If the item being purchased has no reference to the University, e.g. no colors, building images, names of buildings or trademarks, do I still need to have a licensed vendor produce my product?

No.  However, if there is a question regarding a design, we suggest that it be submitted to the Trademark Licensing Office before you have it produced.

How long does it take to get a company licensed?

The licensing process for in-state companies usually takes between 3-4 weeks, whereas the licensing process for out-of-state companies can take between 8-12 weeks.  Products cannot be shipped or paid for until the manufacturer completes the licensing process or receives approval from the Trademark Licensing Office.   

Why does a licensee have to charge royalties when we know the item is exempt? 

It is unfair to place the burden upon a licensee to determine what is exempt and what is not exempt by the University.  In addition, if this burden was placed upon a licensee, there would be a greater chance of abuse of the exemption policy.  If an item is determined to be exempt, those royalties are ultimately returned to the department through our royalty rebate process. 

Can a sponsor use the University's marks? 

Yes, sponsors are allowed to use the University's marks with prior approval of the Trademark Licensing Office.  However, its use of the University's marks must be related to its sponsorship/support of the University.     

Are sponsors required to use licensees for promotional giveaway items bearing university marks?

Yes and these products are subject to royalties. 

Considering a trademark for your department? 

The Trademark Licensing Office has already formally registered on behalf of the University a number of trademarks that are frequently used on commercial items (i.e. UW, Wyoming Cowboys, Pokes, etc.).  The University continues to register new marks as the marketplace for UW products continues to grow and the need for formal ownership is deemed necessary.  If your department believes formal trademark ownership is needed for a particular term/logo/design, you are encouraged to review the following questions prior to calling the Trademark Licensing Office.  

• Is your department willing to invest the money (departments pay this cost but the process is coordinated by the Trademark Licensing Office) to register a trademark? Filing an application for a state trademark costs approximately $100 whereas a federal registration initially costs approximately $1,500. The cost for a federal registration is significantly higher due to the use of outside counsel.
• What are your goals in registering this particular name/logo?
• Is your department willing to enforce a trademark (including costs, if any) in the event you do find someone infringing on the name/logo?
• Would the damages be significant if someone were to use the same name/logo? Would you feel differently about a third party's use of the name/logo if it were in Wyoming versus New York?
• How exactly is your department going to use this name/logo? Will its use be widespread on materials, websites, etc? Will this name/logo be used primarily locally or nationally?
• Is the name/logo used independently, or always in association with the University name?
• Has the name/logo been approved and adopted by the department/University, and how long has it been in use?
• Do you know if any other entity or third party is using this name/logo or even something similar?
• Do you know who originally came up with the name or designed the logo? Has an assignment of copyright or work for hire been executed?

Additional information is available on trademarks at the United State's Patent and Trademark Office.

If your department would still like to discuss the possibility of formally registering a trademark, please call the Trademark Licensing Office at 766-5646.  Other options may exist besides actual registration of a name/logo that can be discussed.  As always, there are no guarantees when a mark is applied for, as trademark searches can easily bring to attention possible issues with other existing mark owners.