|Category Name:||Business and Financial|
|Responsible Unit:||Procurement and Payment|
|Responsible VP:||Vice President of Administration and Finance|
|Adoption Date:||July 1, 2010|
|Last Revision Date:|
|Last Review Date:|
|Shared governance: none|
In an effort to protect the name of SUNY Brockport and its logos from inappropriate
use, the College has joined a Trademarks and Licensing consortia that issues licenses
to qualified vendors for qualified products and collects royalties, where applicable,
for the printing and use of the College name and logos.
The purpose of this policy is to protect the College's image and trademark use.
ApplicabilityThis policy will apply to any/all campus personnel utilizing any/all funding sources used for payment - State, including IFR, DIFR, and Sutra accounts, Brockport Auxiliary Services Corp (BASC), BASC-Other Agency Accounts, BASC-College Support, Research Foundation, Brockport Foundation, Brockport Student Government (BSG), and Procurement Card.
There are no definitions for this policy at this time.
All products that will be produced using a SUNY Brockport trademark or logo will require that the order be placed with a Certified Licensed Vendor that is managed by the Licensing Resource Group (LRG). This will include all apparel and promotional products – even those that do not require royalty payments. (Royalties are paid by vendors when a trademarked product is produced and then sold for a profit, e.g., bookstore products)
When using a Certified Licensed Vendor for apparel or sports equipment purchases, it will not be necessary to obtain a Fair Labor Certification since the vendor, in becoming licensed, has already agreed that all products sold to the College will meet fair labor standards. These vendors will also have access to approved trademarks and logos for the College. A list of current licensed vendors and products is available at:
(Search “Brockport”, then click “view”)
This list should be consulted prior to each purchase since a vendor may decide to not renew their license and thus, no longer be eligible to produce product with SUNY Brockport trademarks and logos.
If a department wishes to create new artwork using a College trademark or logo or modify an existing one, a new design approval will be required by the campus Design and Production staff. Design and Production authorizes use of the new artwork with all certified vendors.
Sample College trademarks and logos are as follows: Ellsworth (eagle), the SUNY Brockport seal (torch), "SUNY Brockport," “The College at Brockport,” Golden Eagles athletic eagle, “Golden Eagles”.
The following items are excluded from all licensing and may not be produced with any campus names, logos or other markings:
- Alcoholic beverages
- Tobacco and smoking products
- Toiletries and certain food products
- Sexually oriented goods
- Health and skin care products
- Goods related to gambling, lotteries and sweepstakes
- Religious or burial goods
- Products of a political nature
- Goods that include names or pictures of current students (e.g., athletes)
- Services of any kind (e.g., moving companies, area entertainment programs or tour services)
- Goods making unfavorable reference to race, religion, sex, national origins or handicaps
- Sunglasses and certain sport/athletic equipment
- Products in "poor taste", including bathroom products
There are instances, however, where the collection of royalties and the time and expense to license a vendor is not necessary. Certain transactions may be appropriate for a Single Order Trademark License that, at no cost to the campus or the vendor, allows for an efficient means to license a company to use names and marks representing the College on a one-time basis.
To qualify for a single order license, the requirement must: (1) originate from campus departments and/or organizations and (2) will not be resold above cost or used for commercial promotional purposes. The following intended product uses may apply for single order licensing:
- Retail sale
- Sale to members of campus club/department at cost
- Sale to public
- Supply equipment for office or classroom
- Product promo or ad
A Single-Order Trademark License must be issued before a campus department or organization may order products bearing names and marks of the campus. The department or organization with assistance by the supplier must provide the required license information and submit to the Campus Trademark Office (Procurement & Payment Services in conjunction with Design & Production) for approval to exempt the purchase from all royalty requirements and to confirm design compliance using TM (trademark) status. The following information, located on the Single Order Trademark License form, is required for the one-time license:
- origin of request;
- the product, with a brief description;
- the design, illustrating the campus names and marks to be used;
- the supplier and source of imprinting;
- the intended use of the product(e.g., resale, office, award); and
- acknowledgment (signature) by department head or officer
Once approved by the Campus Trademark Office, the Single Order Trademark License must be submitted to the vendor with the order. Upon acceptance of the order, the supplier agrees to the terms noted within the license.
A Fair Labor Certificate will, once again, be required for all apparel and sports equipment ordered using an SOL process. See the Anti-Sweatshop Policy (linked below) for these detailed requirements.
Note: Single Order Trademark Licensing is required prior to EACH purchase order or reorder.
Links to Related Procedures and InformationAnti-Sweatshop Policy
Director of Campus Services or via (585) 395-2351.
History (in descending order)
|Next Review Date||July 1, 2013||Three year review|
|Adoption Date||July 1, 2010||Policy Adopted|
|Draft Review Date||Draft Policy under 30-day Campus Review|