Frequently Asked Questions: Brown Name Use, Trademark and Licensing Policy

OVERVIEW

TRADEMARK APPROVAL PROCESS FOR GENERAL USE OF BROWN MARKS (OTHER THAN MERCHANDISE/PRODUCTS)

TRADEMARK APPROVAL PROCESS FOR MERCHANDISE/PRODUCTS: VENDORS & LICENSING

ENFORCEMENT

 

OVERVIEW

What is a trademark?

Trademarks include names, logos, slogans, symbols, colors, and imagery that distinguish goods or services in the marketplace. Along with patents and copyrights, trademarks constitute an entity’s intellectual property, and often are registered with the U.S. Patent and Trademark Office to provide legal protection of the marks. Brown University’s trademarks are valuable assets of the University and are protected by trademark law.

 

What are Brown’s trademarks?

Brown University’s trademarks include established recognizable visual representations of the institution, its programs and activities, and are protected by law. This includes the Brown University name(s), logos, affinity logos and affinity marks, iconic images, insignias, seals, symbols, design elements, and other marks that are uniquely associated with Brown’s distinctive identity, representing its reputation of academic excellence and as a leading academic and research institution. This includes photos and videos of the historic elements of the physical campus or libraries, and any images that include the University logo, Coat of Arms, or Seal. For example, Brown’s trademarks include all or recognizable portions of the Van Wickle Gates, University Hall, Stephen Robert ’62 Campus Center, Carrie Tower, Sayles Hall, Manning Hall, The Lindemann Performing Arts Center, and Brown’s bear statues, as well as photos of the interior or exterior of any University library, which includes the John D. Rockefeller, Jr. Library, Sciences Library, John Hay Library, and John Nicholas Brown Center.

 

What are acceptable uses of Brown’s trademarks?

The University’s Brown Name Use, Trademark and Licensing Policy provides detailed standards and requirements to ensure that all use of its trademarks, including internal use, is aligned with the University’s mission and goals. As the owner of its trademarks, Brown oversees their proper use and licensing to protect the trademarks under applicable law.

 

When does a Brown mark need to be legally registered?

Brown-affiliated trademarks will only be registered with the U.S. Patent and Trademark Office when approved by Brown’s Office of University Communications. No trademark user, department, or office may claim ownership or seek to register any design or name that uses a Brown trademark without prior written consent of the President of Brown, the President’s designee, the Office of Executive Vice President for Finance and Administration, or the Office of University Communications.

 

What is a Brown affinity mark or logo?

A Brown affinity logo consists of the Brown Coat of Arms with or without the BROWN wordmark for a University unit that represents that the unit is part of Brown. For example, marks for administrative departments, academic departments, centers and institutes that have individual unit names paired with the Brown Coat of Arms and BROWN wordmark are considered affinity marks. Affinity logos have been approved by the Office of University Communications as officially representing affiliated units as being part of Brown.

 

TRADEMARK APPROVAL PROCESS FOR GENERAL USE OF BROWN MARKS (OTHER THAN MERCHANDISE/PRODUCTS)

When does a member of the Brown community need approval to use Brown’s trademarks?

Individual members of the Brown community may use the trademarks in the usual and ordinary conduct of University business and for the specific purpose of executing their official job responsibilities for the University. For example, members of the Brown community may use trademarks in Brown-related print, digital, or news media; in communications and marketing directly related to the University and University activities; and for academic and administrative programs, events, and activities hosted, supported, sponsored or otherwise affiliated with Brown. Brown alumni may likewise use the trademarks in communications and marketing directly related to the University, University-sponsored activities, and their responsibilities directly related to activities hosted, supported, or sponsored by or otherwise affiliated with Brown. 

Members of the Brown community cannot use trademarks or authorize any other individual to use trademarks for personal use on any social media platform, merchandise, item, publication, or publicity materials or for activities not officially or formally affiliated with Brown without a licensing agreement with the University. Visual standards for trademark use are outlined in Brown’s Visual Identity Policy and Strategy. Any use outside the usual and ordinary conduct of University business must be approved in writing by the Office of University Communications.

For use of Brown trademarks on merchandise or manufactured or promotional products, whether for sale or giveaway, review the “TRADEMARK APPROVAL PROCESS FOR MERCHANDISE/PRODUCTS: VENDORS & LICENSING” section of this FAQ.

 

How are student organizations permitted to use the Brown logo?

Student organizations may use the Brown logo on merchandise, items, publications or publicity materials only with prior written permission from the Student Activities Office or the University Unit that oversees a Student Organization. If a student group wishes to put a logo on merchandise, they must order or purchase the merchandise from an officially licensed vendor. See the “TRADEMARK APPROVAL PROCESS FOR MERCHANDISE/PRODUCTS: VENDORS & LICENSING” section of this FAQ.

Student groups may use only the University’s name (but not its logos or affinity marks) in association with activities and events in which the University is not directly involved for factual purposes in the context of written or oral communications, and only to identify themselves in a manner that does not imply or lead others to infer that the University endorses, sponsors, or approves the activity or event. 

Use of the University’s name as part of the official name of a student organization must be approved in writing by the Student Activities Office or the University unit that oversees a student organization. All requests to alter logos or create new ones must be approved in writing by the Office of University Communications.

 

How are alumni permitted to use the Brown logo?

Brown alumni may use the trademarks in communications and marketing directly related to their official job/volunteer role at the University, University-sponsored activities, and their responsibilities directly related to activities hosted, supported, or sponsored by or otherwise affiliated with Brown.

Alumni cannot use trademarks or authorize any other individual to use trademarks for personal use on any social media platform, merchandise, item, publication, or publicity materials or for activities not officially or formally affiliated with Brown without a licensing agreement with the University. For example, an alum cannot put the Brown logo in a social media post to advertise an online meetup with other alumni if the alum has no official job/volunteer responsibilities for the University.

No alum or alumni group may use any of the trademarks in any alumni group’s name or logo, or on merchandise or products manufactured, distributed, or sold by or for the alumni group without the prior written permission of the Office of Alumni Relations within the University’s Division of Advancement.

 

What conditions need to be met to grant permission to use Brown’s name or other trademarks to an external third party? Can a University unit approve the use of Brown’s trademarks to an external third party for non-licensed uses?

In addition to Brown’s Office of University Communications, University units can grant written permission to external third parties for use of the Brown marks on non-licensed products under certain conditions.

The Brown Name Use, Trademark and Licensing Policy requires that any third-party use of the Brown trademarks meets the following criteria:

  • aligns with the University’s mission and goals; 
  • appears on services with which the University has chosen to be identified;
  • accurately represents the University, and its activities, programs, and affiliations;
  • prevents misleading or inaccurate portrayals of the University’s relationship to individuals and external entities and their activities, products, and/or services; and
  • includes appropriate arrangements regarding licensing income, if any, deriving from such use (see the FAQ section on trademark approval for licensing).

Permissions for external third parties to use the Brown name or other trademarks may be granted if the following conditions are met:

  • there is a formal, written agreement between the external third party and the University via the Contracts Office that includes Brown’s standard name use language;
  • there is a benefit to Brown for the external third party to use the Brown name or marks; and
  • the use of the name and/or marks is for an explicit purpose with an end date (i.e., an event, customer list or sponsorship).

When granting written permission, the following approved language should be used: Permission is granted to ___________ in accordance with the Brown Name Use, Trademark and Licensing Policy for the specific purpose of ___________ for the time period of  ___________.

The University unit is responsible for confirming that any written approval and use of the trademarks align with the Brown Name Use, Trademark and Licensing Policy, including confirmation that representations of and about Brown accurately reflect the relationship between the University unit and the external third party. The Student Activities Office works with student organizations for this purpose.

Permissions must be in writing (email is acceptable) and cannot be granted in perpetuity. The use of the trademarks by external third parties for new programs and initiatives that are, are intended to be, or may be revenue producing is permitted only with written approval from the Provost and the Executive Vice President for Finance and Administration. This may be considered a licensed use and may require a contract or agreement specifying the terms. If a University unit has questions about approval or is unsure about whether to approve the use of Brown’s trademarks, the unit should contact the Office of University Communications at [email protected].

 

Why does Brown require University senior administration approval and written agreements for revenue-producing activities associated with Brown’s logos and affiliated marks?

Both in keeping with Brown’s educational mission and also as a nonprofit, private institution of higher education, the University is limited by federal law in the activities it can engage in on behalf of commercial or for-profit entities or enterprises. This extends to the use of the Brown name for revenue-generation or profit. Members of the Brown Community cannot use the Brown name or other trademarks to endorse or advocate for non-Brown affiliated, for-profit businesses or operations in the context of Brown’s non-profit academic and administrative operations.

 

When can an external third party, such as a for-profit business or nonprofit organization that works with the University, put the Brown logo on its website?

See the answer above regarding the conditions that must be met to grant permission for the use of trademarks to an external third party. If the conditions above are met, the Brown logo should be placed on the website in such a way that makes the relationship to Brown clear to the user. For example, the Brown logo should not be placed in isolation on a page next to unrelated content or at a large size that might indicate endorsement or ownership of the content on the page.

 

Can I create my own logo or trademark using or incorporating all or part of Brown’s trademarks?

It is not permitted for any individual or group to create their own logo or trademark using or incorporating all or part of Brown’s trademarks. Brown trademarks may not be altered in any way. Brown’s Office of University Communications may design a logo for a University unit upon request and in accordance with the University’s Visual Identity Policy and Strategy. New Brown marks may not be created or registered unless the Office of University Communications, in consultation with the Office of the President or Provost and the Office of the General Counsel, determines that new marks should be created or registered.

 

Can I register a new domain name that incorporates Brown’s name for a web project I am working on at Brown?

It is not permitted for any individual or group to register a web domain name that incorporates the Brown name. If your proposed domain name does not incorporate the Brown name, but uses the Brown name or marks on the website, it must conform to Brown’s Brown Name Use, Trademark and Licensing Policy. Contact the marketing team in the Office of University Communications at [email protected] for more information about registering domain names affiliated with Brown.

 

What is the approval process for a Brown unit that wishes to participate in a vendor case study or testimonial?

Testimonials about goods, products, or services that use the University’s trademarks must be approved in writing by the Office of University Communications prior to publishing. Submit your request to [email protected] and confirm that the following conditions have been met:

  • there is a formal, written agreement between the external third party and the University via the Contracts Office that includes Brown’s standard name use language
  • there is a benefit to Brown for the external third party to use the Brown name or marks
  • the use of the name and/or marks is for an explicit purpose (i.e., an event, customer list or sponsorship)

Case studies and testimonials that use the University’s trademarks must be written such that they cannot be understood to be endorsements by Brown of a product, service or organization. The University unit is responsible for approving final copy and terms of distribution or dissemination of the case study or testimonial, including ensuring the integrity and accuracy of all content.

 

TRADEMARK APPROVAL PROCESS FOR MERCHANDISE/PRODUCTS: VENDORS & LICENSING

Do members of the Brown community have to use a licensed vendor to order promotional products, also known as “SWAG,” bearing Brown marks (i.e., t-shirts, water bottles, coffee mugs, etc.)?

Any individual or group — whether they are a member of the Brown community or an external entity — is required to use a licensed vendor for the fabrication or manufacture of promotional products bearing any Brown marks. Licensing for manufactured goods and products that include Brown marks for sale or giveaway is managed by the Brown University Bookstore in partnership with the University’s designated licensing agent, CLC Learfield, IMG College. The use of Brown’s registered trademarks for merchandise or manufactured products, whether or not these items are for sale, must follow the University’s Brown Name Use, Trademark and Licensing Policy, Visual Identity Policy and Restricted and Prohibited Purchases guidelines.

 

How do I know if a vendor is licensed? 

Visit CLC.com and search for Brown University to see a complete list of all of the University’s licensed vendors. All vendors must be registered as suppliers with Brown in order to do business with a Brown unit or student or alumni group. There are two types of vendor licenses:

  1. an internal license that allows the vendor to sell only to the University
  2. a standard license that allows the vendor to sell commercially and to the public in addition to the University

 

What does a vendor need to do to become licensed if they are not?

If a vendor is not licensed to produce Brown goods, CLC Learfield can assist the vendor in becoming licensed or provide Brown community members and others wishing to produce Brown-branded products with a list of licensed suppliers via the CLC.com website. Any vendor can apply to be licensed by visiting CLC.com and selecting “Get Licensed.” Further instructions are included on the website. 

All vendors must be members of the Fair Labor Association, be willing to sign the University’s Workplace Code of Conduct for Licensees, which prohibits abusive or unfair labor conditions, and pay the application fees. All vendors must submit royalty reports to the University regularly and agree to submit all art for approval for any new products or production of goods. This process is renewed each year, and Brown may decide not to approve a vendor for any reason, including if several licensed vendors already offer the same types of products.

 

What is the difference between a licensed vendor and a registered supplier?

If a Brown faculty or staff member wants to purchase a trademarked product with University funds, they must ensure that the licensed vendor is also a registered supplier with the University. Brown’s Office of Strategic Purchasing and Contracts approves vendors as registered suppliers after they have provided specific information via a supplier registration link.

 

What is the process for purchasing a trademarked product from a licensed vendor?

A University Purchase Order is required to purchase any licensed merchandise, and no trademarked products purchased with University funds can be charged to a University PCard. Be sure to follow the University’s requirements for Restricted and Prohibited Purchases that do not allow for personal expense reimbursement or use of a PCard.

 

Does Brown have a recommended vendor for promotional products, or “SWAG”?

Club Colors is the recommended vendor for all custom promotional products bearing Brown-affiliated marks, because the University has a dedicated representative to assist with estimates, quotes, artwork, and turnaround times for SWAG items. However, there are other online vendors or local vendors that can be utilized for these products. If you have questions, contact [email protected]. To contact a representative at Club Colors, email [email protected]. See CLC.com or contact [email protected] for more information on ordering branded promotional products.

 

How do I get the logos or art for my Brown department, school, or institute for SWAG or promotional items in a format required by the licensed vendor?

All licensed vendors can access Brown University logo or art files through a software application managed by Brown’s licensing agent CLC Learfield, IMG College. Vendors that need access should contact [email protected] for more information.

 

ENFORCEMENT

What are the roles and responsibilities of Brown community members in helping to protect Brown’s trademarks?

All trademark users at Brown are responsible for becoming familiar with and following the Brown Name Use, Trademark and Licensing Policy. University employees who manage teams and/or student workers are responsible for promoting the understanding of the policy and for taking appropriate steps to help ensure and enforce its compliance. Student organizations are also responsible for understanding the policy and ensuring compliance with it. If a Brown faculty, staff or student, or a University unit, grants permission for an external third party to use Brown’s trademarks, the Brown community member is responsible for monitoring the agreed-to permitted use and ensuring compliance with Brown’s policies. Anyone who observes a use of Brown’s trademarks that you do not believe is properly authorized or that is contrary to Brown’s policies, should contact [email protected].

 

What do I do if I think Brown’s trademarks are being used without permission?

If you have a relationship with the individual or entity not in compliance with this policy, reach out to them directly in writing and ask them to comply immediately with Brown’s Name Use, Trademark and Licensing Policy. If they refuse to comply, contact [email protected]. The Office of University Communications will consult, as needed, with the Office of General Counsel.