Trademark Policy

1. Purpose and Definitions

Purpose:
The Office of General Counsel, on behalf of Mercer University, has registered the names, logos, and trademarks of the University with the Patent and Trademark Office of the United States and with the State of Georgia. Registration establishes the University’s ownership of the Mercer Marks and its exclusive right to use the Marks throughout the United States and Georgia. Registration enables the University to prevent others from using the Mercer Marks in an unauthorized manner. The University has delegated the responsibility for this program to the Office of Marketing Communications.

This policy is designed to assist Mercer’s Office of Marketing Communications to accomplish its missions of: (1) protecting the University’s reputation, good name and image by ensuring proper use of all of Mercer Marks; (2) generating unrestricted income to support the operational goals of the University; and (3) assuring that only quality products bear Mercer Marks.

Definitions:

Mercer Marks:
Any and all names, logos, trademarks, service marks, word marks, insignias or other images, whether or not registered, utilized by Mercer University.

Officially Licensed Vendor:
Any vendor who obtains from Licensing Resource Groug (LRG) a license to sell merchandise bearing Mercer Marks.

2. Authority

State and federal law require all trademark holders to exercise control over the use and quality of its marks. Further, the University has delegated the responsibility for all Mercer marks to the Office of Marketing Communications.

3. Applicability

This policy applies to all individuals, campus organizations, Mercer University departments, businesses, and advertisers wishing to sell, market and/or give away merchandise bearing any Mercer mark.

4. Policy

No Mercer mark may be used without the prior, written authorization of Mercer University. All products bearing Mercer marks and distributed for resale or other promotional purposes are subject to the licensing policies of the University.

The University requires that any custom imprinted product produced for the University (including departments and recognized clubs and organizations) be manufactured by only those companies appropriately licensed to use Mercer marks, and are in compliance with LRG policies.

Only an Officially Licensed Vendor is approved to produce emblematic merchandise bearing Mercer Marks. The Office of Marketing Communications shall maintain a list of all Officially Licensed Vendors.

Mercer marks may be used to endorse or promote a private group or business only if authorized by a written contract or sponsorship agreement signed by Mercer. Companies and individuals wishing to extend congratulatory messages or statements of support, may receive authorization to use prescribed verbiage containing Mercer marks. Such messages must be clearly separate from the sale, or promotion of any products not specifically licensed by Mercer University.

Mercer marks shall not be used in the promotion of alcohol, tobacco, or “recreational” drug products. All uses of Mercer marks are subject to approval by the University. The University’s approval of the use of Mercer marks shall not be unreasonably withheld, and shall be based on the University’s sole discretion.

Mercer marks shall be used as registered, include the appropriate trademark designation, and may not be otherwise altered without the written authorization of the Office of University Relations and Marketing.

5. Procedure

Request Submission:
All requests for use of Mercer marks shall be submitted in writing to the Office of Marketing Communications. An “art approval form” must be completed and submitted with design work when seeking approval.

Processing Request: The Office of Marketing Communications shall respond to all requests for use of Mercer marks within 7 days.

Licensing:
If the party seeking permission to utilize a Mercer mark is an entity outside of the University, whether an individual or a business, the party must sign a license authorizing its use of the requested Mercer marks.

Official Publications, Letterhead and Business Cards: Departments requesting authorization for use of Mercer marks within official University publications, letterhead and business cards should direct their requests to the Office of Marketing Communications.

6. Responsibilities

Marketing Communications:
The Office of Marketing Communications has the responsibility of reviewing all requests for use of Mercer marks. The Office of Marketing Communications also has the responsibility of working with LRG, or any other outside licensing company hired by the University, to ensure proper use, maintenance, and license of Mercer marks.

The office of General Counsel:
The Office of General Counsel has the responsibility to assist the Office of University Relations and Marketing in the preparation of all licenses and in reviewing and evaluating any extraordinary requests for use of Mercer marks.

7. Labor Practices/Code of Conduct

Mercer University is committed to the concept that all merchandise bearing reference to the University (including each department and recognized student organization affi liated with the University) will be manufactured by companies whose labor policies ensure their employees are safe from abusive labor conditions including, but not restricted to physical abuse, sexual discrimination and harassment, child labor, and environmental contamination. In order to insure the broadest interpretation of this policy the University requires that any custom imprinted product produced for the University (including department and recognized clubs and organizations) be manufactured by those companies that are appropriately licensed to use University trademarks (licensees), and are in compliance with LRG policies.

8. Sanctions

Merchandise produced without written authorization may be considered “counterfeit” and subject to all available legal remedies, including seizure of the merchandise.

9. Exclusions

In order to maintain consistency in the use of Mercer marks, this policy is applicable to all who wish to use Mercer marks, including, but not limited to, all University departments, recognized clubs and organizations, campus operated stores, off-campus retail establishments, corporate sponsors, businesses and individuals.