SALEM STATE UNIVERSITY LOGO AND TRADEMARK LICENSING
ADMINISTRATIVE POLICY STATEMENT
Salem State University owns and controls the use of its name(s) and other marks, logos, insignias, seal, designs, or symbols that are associated with the University. These include, but are not limited to, the words “Salem State,” “Salem State University,” “Vikings,” “Salem State Vikings”, the University seal, “mascot” or any derivations there from.
In order to meet the public demand for goods bearing Salem State marks, Salem State allows manufacturers of these goods to acquire a non-exclusive or in some cases an exclusive, royalty-bearing license to produce, market, and sell such goods. Salem State is represented in these licensing matters through an exclusive agency agreement with Strategic Marketing Affiliates, Inc. of Indianapolis, IN (SMA). The administrative responsibility for the licensing program rests in the Department of Athletics.
The purpose of this Policy Statement is to provide guidance as to the permissible use, as well as restrictions on the use, of Salem State protected marks. This Policy Statement also sets forth the responsibility for granting permissions and licenses for such use.
Any individual, organization, or company wishing to use Salem State’s trademarks for any purpose must obtain permission to do so from Salem State. All commercial use of Salem State’s trademarks must be licensed and shall be regulated by the Department of Athletics of Salem State Univeristy.
Use of Salem State’s marks without license or permission is strictly prohibited. Salem State will take whatever measures necessary to protect its trademarks from infringement.
Trademark means a name or symbol or combination of both which identifies the source of a product or service. In the case of licensed goods, a trademark indicates affiliation or sponsor rather than producer. In practice, a trademark also enhances the desirability of a product and, when properly controlled, can increase the value of the product as well as the goodwill inherent in the mark.
For the purposes of this document, “trademark” is used to indicate any or all of the following: trademark, trade name, service mark, logo, insignia, indicia, emblem, symbol, identifying mark, mark, and name.
Infringement means unauthorized use of a trademark that belongs to another, or use of a trademark similar to that of another as to cause confusion in the minds of the public as to the source (affiliation or sponsorship) of the product or service.
Licensing Agent means one who acts on behalf of another on issues related to the manufacture, distribution, and sales of goods bearing protected marks.
Licensor means one who contracts to allow another (licensee) to use licensor’s property (trademark) in exchange for payment, usually royalty as a percent of sales.
Authentic means the article is identical to what players and coaches wear during games or practices.
Replica means the article looks identical to what players and coaches wear but may vary as to material, quality, or manufacturer. Replicas are not the same as authentic.
Any manufacturer wishing to use Salem State’s marks on its products must be properly licensed to do so. SMA is Salem State’s authorized agent for trademark licensing purposes. SMA is authorized to license manufacturers meeting Salem State’s qualifications. Salem State will not issue licenses directly.
Distributing, brokering, or retailing of licensed goods does not require a license, nor will licenses be issued for such purposes.
The use of the Salem State marks to promote a commercial entity is prohibited. Any use of the marks which states an endorsement, or approval of a product, service, or company is prohibited.
The use of the Salem State University name, trademarks or logos in conjunction with a commercial promotion may be permissible if the following criteria are met:
1. The promotion must be beneficial to Salem State. This benefit may be tangible or intangible.
2. The use must be consistent with Salem State’s institutional mission, values, and standards of excellence.
3. The use must be consistent with all other provisions of this logo and trademark licensing policy.
Requests for such use shall be reviewed at an appropriate level within the University to assure that these criteria are met. Each request will be specifically approved in writing. Salem State may require that such promotions operate under a promotional license.
A promotional license is a limited term contract between Salem State and a company, organization, or individual in which permission is granted to use Salem State marks in a commercial promotion. A fee may be charged for promotional licenses. All promotional material must be approved in advance by Salem State.
When a Salem State team is an invited participant in an event where the event sponsor’s name and/or logos are used to name the event, Salem State allows the use of its marks in conjunction with the sponsor/event names and logos to promote the event. Each such use must be specifically approved by Salem State.
When the MASCAC and its member schools agree to promote the Conference and its member schools through a commercial sponsorship, Salem State shall allow the use of its name and logos in conjunction with the Conference logo, the member schools’ logo and the sponsors’ logo. Each such use must be specifically approved by Salem State.
Salem State shall approve each use of its marks on a per product, per design basis. Licensees must submit each product or design to SMA for approval by Salem State.
Salem State will not approve the use of its marks on the following products:
Sexually oriented products or designs
Religious products or designs
Political products or designs
Games of chance
Appliques, patches, or heat transfers for retail sales
In addition Salem State will not approve the use of its name or marks in text or graphics which are judged to be sexually suggestive: denigrate any groups, including another college, or infringe on the rights of other trademark owners. Salem State will not approve products which to not meet minimum standards of quality and/or good taste or are judged to be dangerous and/or carry high product liability risks.
Salem State will not approve the use of its marks on any product or design which in Salem State’s sole judgment may violate NCAA rules. This applies to product designs incorporating:
Jersey numbers, except on authentic or replica merchandise
Photos or any other likeness of a student athlete
Names of student athletes
Nicknames of student athletes
Salem State will approve products or designs incorporating only current marks. Marks which are obsolete or replaced by updated marks will continue to be protected by Salem State but will not be approved for use in new products or designs.
All licensed goods manufactured for sale to the public are subject to a royalty. The royalty rate is designated by Salem State and is subject to change by Salem State. The royalty is paid on wholesale sales by the manufacturer of the goods. The royalty policy is administered by SMA.
Salem State may grant exceptions from royalty payments in the following cases:
Goods purchased by Salem State for its use
Goods purchased by Salem State Student Organizations for bonafide fund raising purposes approved by the Department of Athletics
Goods purchased by the Alumni Association for internal use
Goods purchased by Faculty and Staff
Goods purchased for promotional use for prospective students, employees, or athletic events, and athletic camps
Goods purchased for Residence Life
In these cases, manufacturers are required to have a letter from Salem State exempting the sale from royalties. These letters are sent from SMA at the request of the exempt group or activity.
All goods bearing Salem State marks must follow the normal approval process whether exempted from royalties or not.
See attached Logo Usage guidelines.
Salem State encourages creative uses of its marks in promoting school spirit. Salem State recognizes that its licensee’s are creative in this regard and that some concepts or designs developed by licensees may not clearly fall within the guidelines of this Administrative Policy Statement. When this occurs, Salem State will be the sole judge of acceptability.