9215 - TRADEMARKS, LOGOS AND OTHER IDENTIFYING MARKS

West Clermont Local School District

Bylaws & Policies

9215 - TRADEMARKS, LOGOS AND OTHER IDENTIFYING MARKS
Introduction

The West Clermont Local School District Board of Education ("Board") has registered or otherwise protected the names, logos, symbols, indicia, insignia, trade names, service marks, and trademarks (collectively "Trademarks") of The West Clermont Local School District ("District") and its programs. These Trademarks are associated with the reputation and goodwill of the District and its educational and athletic programs, and must be used only for purposes consistent with that reputation and goodwill. Further, the District has the right to share in profits generated by the use of those Trademarks.

Purpose of Policy

To assure the proper use of District Trademarks, the mission and purpose of this Trademark Policy is to:

	A.	Preserve for the Board the proper control and use of Trademarks that have come to be associated with the District, protect all District Trademarks from unauthorized uses, and facilitate the process of granting authorization for legitimate internal and third party use of District Trademarks;
	B.	Secure for the District a legitimate and reasonable royalty for the use of its Trademarks, and thereby generate revenue for the District for District programs; and
	C.	Promote the District in a consistent and uniform manner to protect the District's reputation, name, and image by permitting only appropriate uses and assuring that only quality products bear the District's Trademarks.

Policy

	A.	The use of any Trademark that identifies, or is associated with, the District may not be used in any manner or in any medium without the prior written authorization of the Board or the Superintendent of Schools. Any product or service bearing any Trademark, regardless of whether distributed for resale or other promotional purpose or distributed for free, are subject to the licensing requirements (see Policy 9215.01) of this Policy.
	B.	Only a vendor approved by the Board may produce merchandise bearing the District’s Trademarks.
	C.	The Trademarks of the District will not be used in association with or for the promotion of such items as weapons, alcohol, tobacco, or "recreational" drug products, consistent with Policy 9700.01. The Board reserves the right to prohibit, in its sole discretion, any and all other uses which it deems inappropriate as being inconsistent with the image and mission of an educational institution or which violate the community’s expectations of their public schools.

		1.	The Trademarks are intended to present a positive image of the District, and may not be altered in any way.
		2.	The District's Trademarks may not be used in the name or logo of a business, in promoting services or on a product in a way that could state or imply an endorsement by the Board or the District.
		3.	The Trademarks are not to be used in any way that discriminates or implies discrimination against any persons or groups based on age, ancestry, belief, color, creed, disability, national origin, race, religion, sex, sexual orientation or veteran status, or in any other way that would be a violation of the District's anti-discrimination policies.

	D.	Merchandise bearing District Trademarks and produced without proper written Board authorization may be considered counterfeit or infringing and subject to all available legal remedies, including, but not limited to, seizure of the merchandise.
	E.	Departments of the District that design merchandise, publications, or other public displays that bear a District Trademark must secure prior approval, in writing, from the Board or the Superintendent of Schools. A complete proposal along with design samples must be submitted when seeking approval.
	F.	Departments and recognized student clubs and organizations of the District may use certain logos for official business upon receiving authorization. Departments and recognized student clubs and organizations who wish to design or create new Trademarks for their department, club or organization must coordinate their effort with District administration. Questions regarding such use should be directed to the Communications Coordinator. Departments requesting authorization for use within official District publications, letterhead, and business cards should direct their requests to the Communications Coordinator, and are additionally bound by the District’s Graphic Use Standards.
	G.	Approval for the use of a Trademark for one purpose or in one medium does not imply approval for any other use. Each and every use must receive separate approval, and no modification of an approved use is allowed without re-approval.

Procedure for Licensing, Royalties, and Production of Merchandise

	A.	Any person, business, or organization desiring to use the District's Trademark(s) for the production of merchandise bearing those Trademarks must be licensed to do so. The District has an Intellectual Property Licensing Policy (see Policy 9215.01) containing a process for consideration and approval of such requests, and an Intellectual Property License Agreement (see Form 9215.01 F1) that must be executed by the Board and the Licensee in making such agreements. Requests to license Trademarks or to produce merchandise must, in every case, be referred to the Communications Coordinator to be considered under that procedure.
	B.	As a general rule, the process of consideration by the Board generally allows for three types of licenses to be issued, but the Board may create new licensing arrangements as needed.

		1.	Traditional Retail: for the production of emblematic merchandise which will be sold by the Licensees to retail establishments.
		2.	Internal Use: issued to a company whose sole use of the District's Trademarks is in response to a production request by a department or recognized club or organization for internal use. Licensees are not authorized to sell those products for traditional retail sales.
		3.	Promotional Use: use of District Trademarks for an approved limited duration commercial use.

	C.	The Board will determine which uses require that the Licensee pay a royalty and which are non-royalty uses. Each submission shall be reviewed individually to make sure all aspects of the situation are taken into consideration. Uses that do not require the payment of royalties generally apply only to internal use by District departments and recognized clubs and organizations creating products that are not for resale.
	D.	Receiving authorization for a design or to utilize a Trademark does not constitute approval to manufacture a particular product. The product must be manufactured by, and purchased from, a vendor that has been approved by the Board and has made certain legally binding commitments to the quality of the merchandise, the nature of the advertising of the merchandise, and the preservation of the goodwill and reputation of the District embodied in those Trademarks. All departments, recognized clubs and organizations, individuals and companies are required to obtain approval from the Board prior to producing, or arranging for production of, any product that utilizes the District’s Trademarks, regardless of use or method of distribution.

Adopted 4/26/16