Northwestern University Trademark Licensing Policy

Overview

Northwestern University owns and controls its name(s) and other marks, logos, insignias, seal, designs and symbols (hereafter, "marks" or "trademarks") that have become associated with the University. Examples of NU's trademarks are NU, the stylized N and NU, the N-Cat head design, the Northwestern official seal, the University shield, the name Northwestern and Northwestern Wildcats, Purple Pride.

The primary purpose of the Northwestern University licensing program is to protect the integrity of the University's identifying marks. The Licensing Program also serves Northwestern University by:

• Ensuring that products bearing NU's marks are of good quality;
• Ensuring that each licensed use reflects positively on the University, and
• Generating revenues for the University.

The purpose of this policy statement is to provide guidance on permissible use, as well as restrictions on the use, of the University's names and marks, and to clarify responsibility for granting permission and licenses required. Any individual, organization or company wishing to use Northwestern's marks must be licensed and shall be regulated by the Northwestern University Trademark Licensing Office.

Licensing Requirements
University Schools, Departments and Affiliated Organizations
Athletic Department Official Sponsors
Unacceptable Products/Services
Advertising in Publications
Compliance Program
Royalties and Fees
Royalty Exemptions
Trademark Licensing Office
Definitions

A license is required for any individual, organization, or company wishing to reproduce Northwestern University's name or trademarks for a commercial or non-commercial venture. The trademarks of Northwestern University may not be incorporated into the name or mark of any commercial company. Permission is required for the name or marks of the University to be incorporated into the name or mark of any organization. A license is not required for advertisements promoting the sale of licensed products. Such advertisements, however, shall not imply any relationship other than that of licensor/licensee and should include the licensing label which identifies officially licensed goods.

Merchants may be allowed to use the University's name in newspaper advertisements that welcome or congratulate students provided the copy does not contain either an implied or explicit endorsement connecting the University with the advertiser, its products, or its services. Additionally, there must be no violation of National Collegiate Athletic Association regulations. Licensees and merchants must obtain approval for each use of the University's name and marks on a per product, per design basis.

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University schools, departments, and affiliated organizations may not assign, sublicense, or modify the name Northwestern or Northwestern University or any marks of the University. All products which University schools, departments, or affiliates wish to have produced bearing the name and marks of the University are regulated by the Trademark Licensing program.

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Northwestern University Athletic Department official sponsors may use the University's name and marks in conjunction with the sponsor's name and marks when accompanied by the term "Official Athletic Sponsor" according to the contract terms reached between the Athletic Department and the sponsor.

All items produced with the term "Official Athletic Sponsor" on promotional items to be given away by a for profit or not-for-profit third party entity must be produced by a licensed company.

In the case of a promotional item that is sold or redeemed with proof of purchase certificate, a royalty fee payable to the Trademark Licensing Office will apply.

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Northwestern University will not approve the use of its name or marks to promote the following products: tobacco, controlled substances, sexually oriented products, religious products, bathroom articles, or games of chance. In addition, the University will not approve the use of its name or marks with text or graphics that are judged to be sexually suggestive; denigrate any group, including another college or university; or infringe on the rights of other trademark owners. The University will not license products that do not meet minimum standards of quality and/or good taste or are judged to be dangerous or carry high product liability risks.

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Advertising in Publications

Northwestern University and University affiliated organizations that accept commercial advertising for their publications and programs will screen all advertisers for compliance with the University's Trademark Licensing Program. Advertising from non-licensed manufacturers of trademarked products or advertisements using NU's marks without a license will not be accepted for publication.

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The Trademark Licensing Office will maintain a compliance program in the local area. National compliance will be handled by the University's licensing agent.

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The University assesses royalties on net, wholesale sales. Royalties will be charged for promotional and/or advertising licenses. Royalties generated by the licensing program are transferred to the University's General Fund.

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University schools, departments, students and affiliated groups that order items imprinted with NU's name and marks may be exempt from paying royalties if:

• The items will be used for internal University purposes,
• Will be given away at no charge or,
• Will be sold for University-related fund raising

To become eligible for the royalty exemption, contact Ellen Barnes at the Trademark Licensing Office stating how the item will be used and the name of the company the item will be purchased from.

Please note that only licensed manufacturers may reproduce the University's name and marks. If the company you have chosen is not licensed, the Trademark Licensing Office will recommend a licensed company or license the company of your choice on a special, limited-term basis.

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University Services has been designated as the division responsible for the administration of the Northwestern University Trademark Licensing Program. The Trademark Licensing Office maintains the official inventory of the University; approves and registers new marks; and maintains a list of licensees authorized to manufacture and distribute goods bearing the marks of the University.

The Trademark Licensing Program serves to:

• Protect and control the use of the University name and marks;
• Promote the image of the University to the public, as well as to the University community; and
• Establish a cooperative relationship with licensees.

The Program provides the University with a formal means to protect the use of its marks, and to ensure that the University shares in the benefits derived from commercial use of its marks.

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Definitions

Trademark means a word or device associated with a person, company, association, or business.

Registered mark means a trademark that has been registered with the Federal government at the U. S. Patent and Trademark Office. Federal registration provides additional protection against the remedies for trademark infringement.

Infringement means unauthorized use of a trademark that belongs to another, or use of a trademark so similar to that of another as to cause the likelihood of confusion in the minds of the public as to the source affiliation or sponsorship of the product or service.

Licensor means one who contracts to allow another (licensee) to use licensor's property (trademark) in exchange for payment, usually royalty as a percent of sales.

License Agreement means royalty bearing contract between licensor (NU) and a manufacturer or manufacturer's representative who is licensed to produce specific products bearing one or more of the Licensor's trademarks.

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