Trademarks

Policy 10.6

Related Policies

I. Reason for Policy

This policy and its procedures implement SDBOR Policy 5.16 Trademarks and set forth the operating protocols for appropriate use of University trademarks to ensure their proper registration, licensing, use, and appropriate use of funds derived therefrom.

II. Definitions

1. Brand. DSU Rising and creative elements. See the University Brand Guide for use details.
2. Licensed Vendor. External party that has a signed agreement with the University granting approval to for usage of licensed trademarks in various University-branded products.
3. Trademark License. An agreement by which the University or its authorized agents gives another party the right to use a University trademark, subject to control over the nature and quality of the goods or services, in exchange for payment of a royalty or other consideration.
4. Trademark Users. Members of the University community, units, athletics teams, student organizations, alumni, alumni groups external third parties, and other individuals and entities external to the University who seek to use or license the trademarks.
5. Trademarks. All words, logos, or symbols used to identify or distinguish goods or services as coming from or being affiliated with the University, whether or not they have been registered with the U.S. Patent and Trademark Office or any other authority. Trademarks include the University name, image, symbols, logos, wordmarks, the hexagon D, and mascot marks. The term also includes the University colors, though not every use of one or both of those colors constitutes use of a University trademark. 
6. Wordmarks. Logos that consist of the words “DAKOTA STATE UNIVERSITY” as a distinctive graphic design that is unique to the University and cannot be replicated in type.

III. Statement of Policy

1. Marketing and Communications Trademarks Responsibilities. Marketing and Communications shall be responsible for, but not limited to, the following:
   
   1. General oversight of the University’s Trademark Licensing Program in cooperation with the Office of Business and Administrative Services, as directed by the University President.
   2. Maintenance, coordination, and publication of the University Brand Guide which shall, at a minimum, set forth required guidelines that legally protect and promote the trademarks associated with the University.
   3. Oversight of trademark user compliance with licensing, use, and licensing income, if any, derived from such use.
   4. Registration, protection, control, licensing, distribution, and approval of artwork.
2. Trademark and Licensing Program
   1. The University owns and controls its trademarks.
   2. Any goods, retail, or merchandise product bearing University trademarks, or having an implied association with the University, must be licensed through the University’s Trademark Licensing Program and must be produced by officially licensed vendors.
   3. Marketing and Communications shall maintain and publish forms and materials related to the Trademark Licensing Program, approval of related marks use, and approval of products bearing University trademarks.
   4. Marketing and Communications and the Office of Business and Administrative Services work cooperatively on the approval of vendors under the University Trademark Licensing Program.
   5. The Office of Business and Administrative Services, or its designee, shall be responsible for collection and appropriate distribution and accounting for vendor royalty payments.
   6. The University shall register and own trademarks on behalf of internal units, and the University shall be the legal registrant claiming ownership of the Trademarks. The University shall complete trademark registration with the South Dakota Secretary of State’s Office or the United States Patent and Trademark Office, according to state or federal law.
   7. No trademark users may claim ownership rights in or seek to register federally or internationally any design that uses the trademarks without the prior written consent of the University President, the President’s designee, the Office of Business and Administrative Services, or the Office of Marketing and Communications.
3. Improper Use of Trademarks
   
   1. State and federal laws require that the University actively safeguard registered Trademarks from improper use to protect its legal ownership interest in them.
   2. Marketing and Communications shall monitor for infringement and receive notifications of suspected infringement.
   3. If infringement is suspected, University Marketing and Communications shall take action to prevent infringement and seek assistance of the licensing partners and SDBOR General Counsel to initiate any appropriate legal action.
4. Funds Generated from Trademarks.
   
   1. The University shall use funds generated from licensing University trademarks in accordance with SDBOR Policy 5.16 on trademark royalties, as approved by the University President.
   2. Funds generated by licensure of trademarks registered and owned by the University on behalf of internal units may be distributed to both the University and the associated internal unit(s), at rates agreed upon by the parties and approved by the University President.
   3. Once distributed, use of trademark royalty funds shall be at the discretion of each office in conformity with applicable policies and laws.
   4. Any conflicts related to the distribution of trademark royalty funds between the University and internal units shall be resolved by the University President.
5. Consequences for Violating this Policy
   
   1. Failure to comply with this and related policies is subject to disciplinary action, up to and including suspension without pay, or termination of employment or association with the University, in accordance with applicable (e.g., staff, faculty, student) disciplinary procedures.
   2. The unauthorized use of the University’s trademarks by external third parties or non-employees is subject to civil and criminal penalties, and the University reserves the right to take appropriate action including, but not limited to, the confiscation of goods, financial penalties, and legal action.

Exclusions

None

Exceptions

Marketing and Communications may exempt uniforms (e.g., athletic) and goods used solely for internal consumption from the royalty requirement under the University Trademark and Licensing Program.

IV. Procedures (Major)

1. Trademark Registration and Maintenance
   
   1. Marketing and Communications will take the appropriate measures regarding the completion and submittal of an application, annual, and other filings for registration and maintenance of registrations with the Secretary of State or United States Patent and Trademark Office to ensure registration validity and protection of trademarks, review and protection of infringing uses, and maintenance of marks use guidelines for the University.
   2. Once an application has been successfully approved, the University will receive a Certificate of Registration authorizing its legal ownership of the mark.
   3. Marketing and Communications shall maintain the trademark ownership documents in its office.
2. University Product Trademarks Requests. Requests for licenses to use University Trademarks shall be submitted to Marketing and Communications for review, processing, approval or denial, and any other action prior to use.
3. University Trademark Usage in Goods and Services. Requests for trademark usage on goods and services (i.e., apparel, products) shall be submitted to Marketing and Communications for review, approval or denial, or any other action prior to use.
4. Licensed Use Royalties. Royalties for licensed use of University Trademarks will be collected, processed, distributed by the Office of Business and Administrative Services in accordance with predetermined rates.

V. Related Documents, Forms, and Tools

• DSU Brand Guide and Brand Toolbox
• DSU Social Media Guidelines
• DSU Trademarks and Licensing Program
• DSU Approved Licensed Vendors List

VI. Policy History

Adopted: 03/09/2026