ºÚÁÏÌìÌÃ

POLICY #5.43 
SUBJECT: Use of University Name and Trademarks

I. PURPOSE

The primary purpose of this Policy is to provide requirements related to permissible use and restrictions on using Southern Utah University’s names, identifying marks, and trademarks. This Policy also describes permissions required and processes for granting use licenses and use for University purposes. This Policy exists to build, maintain, and protect the reputation and integrity of ºÚÁÏÌìÌÃ’s name, brand, and identifying properties.

II. REFERENCES

1. Utah Code
3. Utah System of Higher Education
4. Southern Utah University Policy 5.1 Free Speech and Advocacy on Campus
5. Southern Utah University Policy 7.7 University Contracts

III. DEFINITIONS

1. Authorized Use: use of ºÚÁÏÌìÌà Trademarks and Logos in compliance with this Policy and applicable law. 
2. Brand: the way an organization is perceived by those who experience it. More than a name, tagline, design or symbol, a brand is the recognizable feeling a company evokes. A brand includes logos, fonts, color palette, visual identifiers, mission, values, written communication, tone, and messaging. A brand represents an entity’s distinct identity and culture. 
3. Commercial: speech or expression when it proposes a transaction to promote or make a profit or relates solely to the parties' economic interests. 
4. Infringement: unauthorized use of a copyright, Trademark, patent or other intellectual property right that belongs to another, or use of the same or similar to that of another as to cause the likelihood of confusion in the minds of the public as to the source (affiliation or sponsorship) of a product or service. 
5. ºÚÁÏÌìÌà Trademarks: means the Trademarks owned and controlled by ºÚÁÏÌìÌÃ, whether registered or unregistered, including all Trademarks associated with ºÚÁÏÌìÌà academic colleges and departments, ºÚÁÏÌìÌà programs and events, ºÚÁÏÌìÌà athletics, or other ºÚÁÏÌìÌà goods or services, including, but not limited to: ºÚÁÏÌìÌÃ, T-Birds, Thunderbirds, University of the Parks, athletic teams’ names, the University seal, the slogan “Learning Lives Forever”, the athletic birdmark and combination mark, the College Coats of Arms, the ºÚÁÏÌìÌà Shield, ºÚÁÏÌìÌà retro logos, Utah Shakespeare Festival, Utah Summer Games, Southern Utah Museum of Art, Old Main, Carter Carillon Bell Tower, The Beverley Center for the Performing Arts, and the Gerald R. Sherratt Library.
6. Trademark: a name or symbol or combination of both which identifies the source of a product or service. For the purposes of this Policy, “trademark” is used to indicate any or all of the following: a word, phrase, design, trade name, logo, insignia, indicia, emblem, symbol, mark or a combination thereof that identifies and distinguishes the source of the goods or services of ºÚÁÏÌìÌà from others.

IV. POLICY

1. ºÚÁÏÌìÌà Trademarks are established to be recognized as representation(s) of University tradition, quality, and mission. Therefore, only Authorized Use is permitted for ºÚÁÏÌìÌà Trademarks. Additionally, the alteration of any ºÚÁÏÌìÌà Trademarks is prohibited except with written approval by the Vice President responsible for the Marketing Communication Office or a designee, who has the authority to create, design or redesign all graphic depictions of ºÚÁÏÌìÌÃ.
2. Management, Ownership, and Responsibility of ºÚÁÏÌìÌà Trademarks and Brand. 
   1. The Marketing Communication Office is the designated ºÚÁÏÌìÌà office responsible for building, maintaining, and protecting the ºÚÁÏÌìÌà Trademarks and Brand Identity Map.
   2. The Brand Map and other guidelines are available on ºÚÁÏÌìÌÃ’s Marketing Communication website. These standards describe the use of ºÚÁÏÌìÌà Trademarks along with the official University color palette, typography stationary system, and approval process for all University marketing material.
   3. ºÚÁÏÌìÌà retains sole ownership and control over ºÚÁÏÌìÌà Trademarks, unless otherwise agreed in writing by an authorized signatory of the University, in accordance with ºÚÁÏÌìÌà Policy 7.7.
   4. If at any time the Vice President responsible for the Marketing Communication Office or designee determines that the University Trademark has been misused, is misleading, or violates this Policy, they may withdraw the permission for Trademark use.
   5. Exceptions to these policies, guidelines, and standards must be approved in advance by the Marketing Communication Office.
3. Third-Parties
   
   1. Southern Utah University has, and may in the future, enter into a licensing agreement with an outside agency for Commercial retail purposes, including processing applications, collecting royalties, enforcing trademarks, and pursuing new market opportunities for ºÚÁÏÌìÌÃ.
      
   2. Any individual, organization, or company external to the University wishing to use ºÚÁÏÌìÌà Trademarks on goods or services that are sold commercially, given away as a premium or promotional item, or displayed on apparel or gear, must do so through an approved, licensed vendor through the licensing program and otherwise receive appropriate permissions through that program before proceeding.
   3. Unauthorized use of ºÚÁÏÌìÌà Trademarks or failure to follow proper procedures by a third party or non-employees will be deemed by the University as Infringement. In the event of Infringement, the University reserves the right to take appropriate action including, but not limited to, the confiscation of goods, financial penalties, and appropriate legal remedies under federal and state law.
      
4. University Entities
   
   1. University employees and departments
      
      1. Within the parameters established by the Trademark Guidelines, ºÚÁÏÌìÌà Brand Map, and other standards posted on the Marketing Communication website, ºÚÁÏÌìÌà employees and departments are permitted to use ºÚÁÏÌìÌÃ’s Trademarks to conduct University business.
         
   2. University Sponsored Organizations (USO)
      
      1. A University Sponsored Organization may be granted permission by the Marketing Communication Office to use the University name or logos with the understanding that use must be consistent with University policy and guidelines for usage of such assets, including the Brand Map. Sponsorship itself does not automatically grant the sponsor the right to use University Trademark assets.
         
   3. Compliance
      1. Intentional failure to comply with this Policy may result in disciplinary action in accordance with applicable (e.g., staff, faculty, student) disciplinary procedures. See ºÚÁÏÌìÌà Policies 11.2, 8.3.5, 6.28. Permission to use University name or logos may be revoked by the Marketing Communication Office upon violation of this Policy.
         
5. Discretion in Application
   1. The University retains discretion to interpret and apply this Policy in a manner that is not clearly unreasonable, even if the University's interpretation or application differs from the interpretation of the affected individual.
   2. Nothing in this Policy is to be understood or construed to create contractual or legally binding obligations outside or beyond the responsibilities and obligations set forth in federal and state law, rules, and regulations, as well as the policies of the Utah System of Higher Education.
   3. This Policy may be amended to ensure compliance with state law.

V. RELEVANT FORMS/LINKS

• ºÚÁÏÌìÌà Brand Map

VI. QUESTIONS/RESPONSIBLE OFFICE

The responsible office for this Policy is the Vice President for Advancement and Enrollment Management. For questions about this Policy, contact the Office of Marketing Communication.

VII. POLICY ADOPTION AND AMENDMENT DATES

Date Approved: March 8, 1991

Amended: January 26, 2007; April 24, 2025