Collegiate Licensing Overview and FAQ
Licensing FAQ
Licensees (148 KB PDF)
Overview
In 1983, the University of Hawai‘i established a licensing program to protect and control the use of its name, seals, abbreviations, symbols, emblems, logos, mascots, slogans, uniforms, landmarks and other terminology and trademarks that have come to be associated with the university, hereinafter "Indicia". Any use of the University of Hawai‘i Indicia without the university's express written consent is prohibited.
Unauthorized use of the Indicia is considered trademark infringement. Any productions or sale of unauthorized products or services is a violation of the federal Lanham Trademark Act of 1946, the federal Trademark Act of 1984, and State of Hawai‘i trademark counterfeiting (Hawai‘i Revised Statutes Section 708-875) and unfair competition laws, among others. Such violations subject one to liability for damages, injunctive relief, attorney's fees and other penalties, civil and criminal. Infringing merchandise is also subject to seizure.
The university’s licensing program is designed to protect the use of the university’s names, identifying trademarks and symbols (Indicia). To accomplish this, the university has established a formal licensing program which enables the university to share in the benefits derived from the commercial use of its names and trademarks.
The licensing program is designed to establish a cooperative relationship with licensees to further develop the market for "officially licensed product of the University of Hawai‘i". In this way, the consumer may be attracted to products that support the university. The licensing program promotes a relationship through which both the university and its licensees will benefit.
FAQ
- Why have a licensing program?
- What qualifies as a University of Hawai‘i trademark?
- What are examples of the University of Hawai‘i trademarks?
- Who must be licensed?
- What kinds of products may be licensed?
- What happens if a trademark is used without a license?
- What are the requirements for obtaining a license?
- Why have a licensing program?
- What qualifies as a University of Hawai‘i trademark?
- What are examples of the University of Hawai‘i trademarks?
- University of Hawai‘i/University of Hawaii
- UH and the names and abbreviation of its other campuses
- Athletic Department trademarks and nicknames such as Rainbows, Rainbow Warriors, Rainbow Wahine, Warriors and Vulcans
- The University of Hawai‘i System and campus seals, buildings and their names, and any other designs, symbols, art, words or groups of words that have come to be associated with the university or its campuses
- Who must be licensed?
- What kinds of products must be licensed?
- What happens if a trademark(s) is used without a license?
- What are the requirements of obtaining a license?
- The license is non-exclusive.
- The agreement is effective for a 1–year period and renewable.
- The royalty rate is a fee charged to the licensee for the privilege of using the university's name and identifying marks on its products. The royalty rate charged is a percentage of the licensee's gross sales of the licensed products.
- A non-refundable processing fee or royalty guarantee is paid at the time the licensing agreement is executed.
- A sample of each licensed product must be submitted to the licensing office for approval, prior to its sale or distribution to the public.
- Sales reports and royalty payments are required on a quarterly basis.
- Proof of product liability insurance is required, with the university name as an additional insured.
- All licensed products are required to bear the "officially licensed product" label.
- The University has the right to review the sales and royalty records of the licensee.
The licensing program regulates and protects the commercial use of the university's name and identifying marks locally, nationally and internationally. The licensing program also promotes the university by stimulating public awareness and support of the University through licensing the commercial use of its trademarks and by ensuring that the product bearing its marks are of high quality and reflect positively on the University.
Any name, mark, logo, insignia, seal, design, word, letters or symbols which have come to be associated with the University of Hawai‘i qualify as its trademarks. The use of any of the university's trademarks, even when encompassed by creative designs, are subject to licensing. The commercial use of all the university's trademarks is restricted to official licensees.
Trademarks may be any artwork or logo graphic work relating to the presentation of the following:
Any individual, organization or company wishing to use the University of Hawai‘i's name or identifying marks for a commercial venture must obtain a license. This includes the use of the university's name or trademarks on products including premiums and promotions.
Any product will be considered by the university, however, no product will be licensed by the university until it has been reviewed and approved by the university via the Collegiate Licensing Office.
Unauthorized use of the university Indicia may be judged an infringement of trademark ownership, punishable by law.
A brief summary of the major licensing requirements are as follows: