University Trademarks and Leveraging the Brand
It is a well-known fact that universities foster innovation and entrepreneurship. But what happens when you want to incorporate your university’s brand into your startup concept?
It is time to consider trademark law.
A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the product and seeks to prevent consumer confusion. Universities register trademarks in an effort to protect their brand, maximize revenue and maintain control over the way their trademarks are presented to the public. Universities are some of the most diligent institutions when it comes to protecting their marks. They usually have significant resources dedicated to seeking out infringements. Therefore, before leveraging the brand of the university, it is especially important to take preventative measures and understand what is available for use.
Acquiring Trademark Rights
Trademark rights may be acquired in either of two ways:
- Common Law- rights are acquired through the use of the mark in commerce
- Registration- rights are acquired by registering with the USPTO
The following symbols may be used with trademarks, although they are not required for one to claim trademark protection:
™ symbol indicates an unregistered trademark
® symbol indicates a registered trademark
This prior post provides more information on the trademark registration process.
A university can acquire rights to more than just its name and logo; colors are also protectable. Courts have decided that specific color schemes, whether registered or not, are so related to the university that they develop a “secondary meaning.” At which point, customers would likely identify the university as the source of the product. This, along with other factors including medium, sales, advertising and intent, determine if the university has trademark rights to its colors. Universities have recently gotten more creative with colors and trademarked the distinctive name of the colors or the colors in association with other objects.
Many schools will have a website that outlines their expectations regarding the use of their trademarks. Often, you will need to request permission from the university and include a detailed explanation of your plans for the mark. Approvals are granted depending on the applicant, often more favorable to students, alumni, and faculty. The university will also consider how the mark will be used (if it is commercial in nature) and the medium for its display.
Information regarding the use of the University of Michigan’s trademarks can be found here.
It is a good idea to consult your university before making decisions about using their brand as part of your startup product or service.