Miami University

Trademark Licensing

Product Licensing Guide

1. Overview

The name, seal, and most recognized logos associated with Miami University are registered with the State of Ohio or the U. S. Government as service marks or trademarks, and are the exclusive property of the University. Reproduction of these marks for resale or other commercial purposes must have University authorization. The Director of Business Services is responsible for protecting these service marks and licensing commercial use of the marks under a program authorized by the Board of Trustees.

2. Standard Licensing Agreement

Any person, organization, or corporation manufacturing a product or providing a service bearing or containing any of the marks of the University, or applying the marks to merchandise manufactured by others, must, prior to the use of such marks, enter into a license agreement with the University. The standard license agreement is a royalty bearing agreement, providing for a payment to the University of 8% of the wholesale price of the completed merchandise, unless an exemption is granted as indicated below. Royalties are paid quarterly per the terms of the agreement, and funds raised are used to provide undergraduate scholarships through the Office of Student Financial Aid and the Department of Intercollegiate Athletics. Limited licensing agreements are available for one-time production, or for production of items provided directly to the University for internal use not for resale.

Any company that manufactures products containing the registered names and logos of the University, or though not manufacturing products affixes the marks on merchandise manufactured by others, must be licensed. Individuals or companies that do neither of the above, but simply resell merchandise produced by others, do not need to be licensed, but must purchase merchandise bearing University marks from manufacturers or producers who are licensed.

3. Administration

Miami’s licensing program is administered by the:

The Licensing Resource Group (LRG), 426 Century Lane, Suite 100, Holland, MI 49423. Telephone (616) 395-0676 Facsimile: (616) 395-2517, Web: www.lrgusa.com.

LRG is responsible for: a) issuing and processing license applications; b) issuing license agreements and providing art slicks of University marks; c) new product approvals; d) collection of royalties; and e) compliance and auditing. LRG also provides marketing assistance to the University. For questions on or assistance with the above, or to inquire whether a supplier offering merchandise to resellers is licensed with the University, contact LRG at the telephone numbers listed.

4. Product Approval

To ensure that products offered are of a level of quality consistent with the goals of the University for merchandise bearing its marks, pending licensees are required to submit representative product samples to LRG for approval. Licensees are likewise required to seek approval from LRG for additional product lines introduced over the life of the agreement.

All items produced under the licensing agreement and offered for resale must bear the name of the Licensee, and must be tagged or labeled with the independent “collegiate licensed product” sticker.

5. Artwork Approval

Prior to the production of any merchandise containing Miami University marks, Licensees must submit to the Miami University Director of Business Services for approval, a copy of any and all artwork to be used on the product. Artwork should be submitted online at LRG's Trademarxonline web site. Artwork approval by the Director of Business Services or his designee is required for each new design or application produced, regardless of who orders it. This includes merchandise ordered by University departments and student groups/organizations, and is in addition to any approval that is required by the individual orderer. Artwork approval is not required for re-orders of previously approved designs.

The requirement for artwork approval is to ensure that the marks of the University are correctly presented, and do not reflect unfavorably on the University in the context which they will be used. The University will attempt to provide as much design latitude as possible keeping in mind the intended consumers; however designs for events that promote alcoholic beverages or drinking will not be approved. All designs submitted are held in confidence, and are not shared with nor made available to other Licensees, retailers, or University departments for copying.

6. Exemptions

Under certain conditions, the University grants exemptions from the payment of royalties for merchandise bearing University marks. These conditions include:

a) Non-commercial In-house Use -

University departments and registered student organizations (including fraternities and sororities) may use service marks on posters, signs, banners, etc. dealing with on-campus activities of the organization, provided such use reflects positively on the University, and logos are reproduced accurately. Such use does not require licensing, royalty payment, prior approval, or artwork submission; however the University licensing coordinator may require removal of University marks if the usage is deemed inappropriate. This non-commercial exemption is extended to party or event favors/souvenirs for student organizations if all of the following conditions are met: 1) the item is a favor for a dated party or event sponsored by the organization; 2) the item will be given to or sold at cost to members/guests by the organization; 3) the only use of University marks is “Miami” or “Miami University” as a location designation on the chest print or similar location. If any one of the above conditions are not met, the non-commercial exemption does not apply, artwork approval is required, and royalty is due unless an exemption is applied for and granted as a student organization fundraiser, below.

b) Student Organization Fundraisers -

Registered student organizations may sell or give away products (such as t-shirts) bearing service marks of the University combined with the names and logos of their organization or activity without payment of royalties if such merchandise relates directly to an on-campus activity sponsored by that organization. Examples of such projects or events would include: homecoming weekend, greek week, kidsfest, etc. The merchandise must be purchased from a licensed manufacturer/vendor.

The exemption must be applied for on a “Licensed Product Royalty Exemption” form, and approved by the Director of Business Services prior to production. Absent an approved form provided to the Licensee by the group ordering the merchandise, the Licensee must collect and pay royalty fees on these items.

Student organization exemptions will not be granted for merchandise with a general theme or for university-wide events/activities and containing University marks which compete for sales with licensed, royalty bearing merchandise offered by local or campus retailers. Such merchandise may be produced by Licensees and sold by student organizations; however royalties are due the University per the licensing agreement.

Student organization exemption forms are available from the Department of Business Services and the Office of Student Activities. Blank forms will be provided to Licensees as requested.

c) Purchase Orders, Limited Purchase Orders (LPO’s), “S” Numbers -

Merchandise ordered for the end use of the University, and not for resale, is exempt from payment of royalties. Licensees may assume that all merchandise ordered on University purchase orders or LPO’s is automatically exempted from payment of royalties, unless the purchase is for items for resale and the purchase order or LPO specifically states that the merchandise ordered is not royalty exempt.

For merchandise ordered by student organizations using an “S” number, royalties must be paid, unless the organization presents an exemption form approved by the Director of Business Services or his authorized representative.

7. Short-Term and Limited Licensing Agreements

Where the University desires to permit a producer to use University marks for commercial purposes for a special event or other short-term need, a “Short-Term Non-exclusive License” may be issued. The Miami University Director of Business Services writes this agreement. The agreement requires payment of the standard 7.5% royalty, to be made in a single payment at the expiration of the agreement. The license is for a maximum period of one year from the date of issuance.

The University also may issue a “Limited Non-exclusive License” to companies who manufacture products containing names, wordmarks, and logos of the University supplied exclusively to the University and not for resale. The Miami University Director of Business Services writes this agreement. Items produced under the Limited Agreement and sold to the University for its use are exempt from payment of royalties. The Limited License expressly prohibits the Licensee from producing products containing University marks for sale to any customer other than the University, or for sale to the University when such items are intended for resale. Where the Licensee desires to conduct such activity, they shall enter into a standard License Agreement with Miami University through LRG, which agreement provides for both royalty-bearing and exempt sales of Licensed Products depending upon the purchaser and the intended use. The signing of the standard License Agreement by any Licensee shall supersede and replace the Limited Agreement, and render this agreement immediately terminated.

8. Other Uses

Registered marks of Miami University may not be used for any commercial purpose, including advertising, without the approval of the University. Generally, approval will only be granted for use of the marks in conjunction with the sale of licensed products. In no case my the marks of the University be used by a commercial entity for any purpose without prior written permission. This restriction applies to all applications in print or electronic media.

9. University Marks, Usage

Current registered wordmarks of the University available for use by licensees include: “Miami”, “Miami University”, “Miami University RedHawks”, “Miami RedHawks”, and “RedHawks”. Registered logos include: the Miami seal with rope edge, the Miami seal with scalloped edge, the lantern hanging in an arch, the Indian Head, the Indian Head with Block M, the RedHawk standing in an arch with wings spread along with the words “Miami University RedHawks”, the RedHawk with wings spread landing, the RedHawk head, a youthful RedHawk with a smile, standing with wings spread over a banner reading “RedHawks”, and the distinctive letter “M” with beveled edges.

Registered wordmarks of the University previously used but for which our permission to use has been withdrawn effective October 31, 1996, include: “Miami University Redskins” and “Miami Redskins”. The University will no longer permit the use of “Redskins” in association with the University.

The official Miami sports nickname is the RedHawks (capital R, small e-d, capital H, small a-w-k-s, all one word). Depending upon the graphic, it may also be used all caps, but must be used in the plural form. The nickname can be used by itself, with "Miami", or with "Miami University". RedHawks is not be used in conjunction with the Indian Head, Indian Head with Block M, or University seal; nor will the University permit the nickname to be used with any unofficial birds or hawk renditions. RedHawk logos may not be altered in any way.

The University's official colors are red (PMS 186) and white. However, the University generally does not restrict color usage with its wordmarks and logos, leaving the selection up to the producer and reseller. All colors should be shown on the artwork approval request, and are subject to University approval.

Regional campus service marks include “Miami University Hamilton Harriers,” the Harrier logo with “Miami Univ Hamilton Harriers” or “Miami Hamilton Harriers,” the “Thunder Hawk” logo with or without the word “Thunderhawks.

10. Compliance and Enforcement

Compliance with the University's licensing program is necessary to protect the name, wordmarks, and logos of Miami University, and to protect the integrity of the program and the interests of the Licensees who support the program. Ensuring compliance is a shared responsibility of Miami and LRG.

University and LRG representatives will shop local and regional retailers on a regular basis to ensure that products bearing our registered service marks are licensed, and that proper approvals have been solicited for merchandise offered. In addition, University representatives will monitor on-campus sales and watch for new merchandise that “appears” on-campus or within the community to ensure it is licensed. Finally, LRG will conduct compliance audits of licensees on a recurring basis in accordance with the licensing agreement to ensure that royalties due on products sold are being properly paid to the University through LRG.

The production, sale or other distribution for commercial purposes of unlicensed product containing Miami University marks violates the University’s license agreement, and may violate state and federal civil and criminal laws. In addition to the producer, a retailer and/or seller may be held equally liable for infringement. Upon the discovery of unapproved or unlicensed merchandise, the seller will be requested to remove from sale until the source can be determined, the merchandise licensed, the design approved, and past royalties due determined and collected. Where University officials deem the merchandise unacceptable, the seller will be requested to turn over the merchandise to the University for destruction.

Should voluntary compliance fail, the University will take whatever legal steps necessary to protect the use of its marks and collect royalties due. Actions contemplated may include, but not be limited to, cancellation of a license agreement, seizing and destroying counterfeit goods, an injunction against further production and sale, and recovering damages, expenses, attorney’s fees, and other costs.