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The trademarks protocols at the university involves understanding what trademarks are, how they relate to the university’s reputation, and what to consider when allowing outside organizations to use them. This page aims to explain trademarks and suggest ways to manage their use, especially when third-party requests are submitted to the university for use of university trademarks.

Differences between Trademarks, Trade Names, and Copyright

Understanding how trademarks fit within intellectual property is easier if you know some terminology.

• A trademark is a word, symbol, design, sound or combination used to distinguish the wares or services of one person or organization from those of others in the marketplace.
• A trademark is not the same as a trade name. A trade name is the name under which you conduct a business.
• Copyright is not a trademark. According to the Canadian Intellectual Property Office, the definition of copyright is: “the exclusive legal right to produce, reproduce, publish or perform an original literary, artistic, dramatic or musical work.”

Trademarks and the University's Brand

A trademark plays a key role in a university's brand because it represents the university's identity and reputation. Here’s how they’re connected:

• Trademark: A trademark is a legal symbol, name, logo, or design that identifies and distinguishes goods and services from others. The university’s trademarks protect the university’s unique identity and ensure that no one else can use these marks without permission, helping to maintain the university’s brand integrity. A trademark is a tool that helps identify the university’s brand. It also can help deter or detect fraudulent or counterfeit goods or services.
• Brand: The university’s brand is the overall perception people have about it, including its values, reputation, and what it stands for. The university’s name, logo, and other trademarks are key components of that brand—they help people recognize and associate certain qualities with the university. The brand represents the bigger picture of how the university is viewed and what it offers.

External Entities using University Trademarks

The university’s legal ownership of its trademarks gives it rights to control who can use them. (Read the Trademarks and Licensing Policy) The university's name and logo are associated with "goodwill," meaning their value comes from the reputation and services linked to those trademarks. These trademarks serve as identifiers of the university's brand but are not the brand itself.

When non-university entities want to use the university's trademarks, there are a number of reasons they may wish to use the marks. One main reason is that use of the university’s marks allows them to access the goodwill and enhance their own reputations by associating with the university. If one of those entities is offering to provide research funding and seeks to use the university’s trademarks, the value of the goodwill needs to be assessed in relation to the funding amount, although the goodwill itself remains constant.

Triaging Requests from External Entities

External entities, also called third-parties, may include but are not limited to:

• general suppliers
• current and prospective vendors
• preferred suppliers
• educational institutions
• non-profit organizations
• governmental entities
• students
• alumni

Requests from such entities usually should be submitted to either the Brand Office or the TLO for review.

Frequently Asked Questions

How do you handle trademark usage requests from entities providing funding, sponsorship, or reciprocity?

When reviewing these requests, we consider the following:

• What is the purpose of using the university’s trademarks?
• Will allowing the use of the trademarks bring any clear benefits to the university?
• Could the funding entity misuse or the public misunderstand the use of the trademarks?
• How could this affect the university’s reputation?

In some instances, additional wording may be permitted in another agreement to reflect a particular permission level. It all depends on the nature of the relationship and the uses that are either requested by the other party or may be of mutual benefit.

Why do we grant more latitude to some uses than to others?

There can be other factors at play with each agreement and request such as:

• The university will gain a clear benefit.
• The entity already has an established relationship with the university.
• The university is part of a larger group or organization connected to the requesting entity.

Municipal governments, provincial governments or the federal government are usually considered partners of the university to some extent. Situations such as these are assessed by the Brand Office and the Office of the Vice-President (External Relations).

Who is the ultimate university authority to grant permission to use the trademarks?

Under the university’s Contract Signing Authority Policy, Schedule A, Item B Trademark Agreements (non-research), signing authority resides with the Vice-President (External Relations). According to the CSAP, a sub-delegate may be assigned for signing trademark agreements. In the VPER, the sub-delegate is the position of Associate Vice-President (Marketing).

While AVP Marketing works with the Director of Brand to direct the trademark protocols within the university’s brand platform, the VPER directs all non-research trademark protocols.

What avenues other than a trademarks license might be considered?

• The wording in another agreement, such as an MOU or research or sponsorship agreement, reflects a certain level of permission, such as permitting the funding entity to reveal any PI results, naming the PI, the university, and things related to those outcomes.
• Written permission without an agreement to governmental partners, agencies or institutions.
• Written permission without agreement to other Canadian post-secondary institutions, academic publications, research institutions, or organizations associated with the university.
• Charitable organizations if they have a relationship with the university, and other instances as determined by the AVP Marketing, the Director of Brand, the Trademarks and Licensing Office, or the Vice-President (External Relations).
• Written permission to other entities at the discretion of the VPER.

Should the license be treated as a schedule or as a stand-alone element?

A license is preferred or permissible as a schedule when (not an exhaustive list):

• There is another agreement in place that requests or requires the use of the university’s trademarks.
• The university and the other party have a pre-existing agreement or relationship.
• Another form of agreement, understanding, or strategic alliance exists between the university and the other party.

A stand-alone agreement would be required or preferred when (not an exhaustive list):

• Licensing vendors need to manufacture/supply merchandise bearing trademarks.
• Student groups are producing merchandise.
• Suppliers or vendors wish to use trademarks for case studies or promotional materials.
• Research granting entities that are not government want to use trademarks outside the parameters of use in the research funding agreement.
• Sponsors seek to use the marks outside the parameters of the sponsorship agreement.
• A contractor that provides either architectural services or construction work seeks to use the trademarks to promote the project.

What is the trade-off?

In some circumstances, the university must consider a request to use the trademarks and determine whether such a request would benefit the university.

Examples include:

• A research project has been completed, but the funding entity wants to promote its results past the funding agreement termination date. The research project and the promotion of its outcome are advantageous to the university.
• A contractor seeks to use photos and the university's name to promote its work past the project's completion date. The continued exposure of the work/completed project benefits the university.
• A sponsor or donor seeks to use the trademarks past the last funding. Maintaining and promoting the relationship is beneficial to the university.

These are simple examples of when it could be reputationally beneficial to the university.

Who signs what, and when?

The standard procedure to ensure timely and fully executed agreements is as follows:

1. The agreement is sent to the licensee for signature.
2. The licensee returns the signed agreement to the Trade Licensing Office (TLO).
3. The TLO sends the license for signature by the AVP/VPER/sub-delegate.
4. The fully executed agreement is sent to the licensee.

When wording has been inserted into another agreement, the signing process will follow the protocols for that master agreement.