Use of Name Policy

Policy on the Use of the University Name, Seals, and Trademarks

I. Introduction

This policy is to clarify the permissible uses, and restrictions on the uses, of the University of California 's name and seal, as well as the Berkeley campus' name, seal, and trademarks. The policy also identifies the appropriate offices on campus and in the Office of the President from which to seek authorization for use of the name, seal, and trademarks and to arrange for licensing of the name, seal, or trademarks.

The University of California ("University") name and seal and the Berkeley campus' ("Campus") name and seal represent excellence in all areas-teaching, research, and public service. The names and seals have a unique value, and are afforded special protection by state law and University policy.

The name "University of California" and all abbreviations thereof are property of the State of California under Education Code section 92000 and may not be used to imply, either directly or indirectly, the University's endorsement, support, favor, association with, or opposition to an organization, product, or service without permission of the University. Education Code Section 92000 conveys the unique value of the University's and Campus' name by making a violation of the section a misdemeanor.

In addition to statutory protection, the University's and Campus' names and seals are protected by state and federal trademark law. The Campus' logos, designs, and visual images are also protected by trademark and copyright law. Unauthorized uses of any of these names and trademarks may constitute trademark and/or copyright infringement as well as an unfair business practice.

This policy, and the guidelines set forth herein, apply to all media, including, without limitation, print, radio, television, video, motion pictures, and all forms of electronic media (e.g. Internet Web sites and electronic mail).

II. Definitions

• A. University's name: "University of California," the abbreviation "UC," and any other name or abbreviation that has University wide application or concerns more than one campus.
• B. Campus' name: "University of California, Berkeley"; "Berkeley"; abbreviations (e.g., Cal, UCB) or any other name containing such designations or abbreviations.
• C. Authorized Seals:
  • 1. Official Corporate Seal of the University of California - The official seal of The Regents, which reads: "Seal of the University of California 1868."
  • 2. Unofficial Seal - A replica of the corporate seal, with the words "Seal of" deleted.
  • 3. Berkeley Seal - The Campus' version of the unofficial seal, imprinted with the "Berkeley" name.
• D. Trademarks: The Campus' name, logos (e.g., Berkeley seal, Cal script, bear paw, Oski, Golden Bears, side-view bear), and distinctive visual images (e.g., the Campanile, Sather Gate), protected by state and federal trademark law.
• E. Sponsored Student Group: A group of students whose purposes and practices further the University's purposes as an educational institution and are consistent with University policy. Such groups are approved by the Office of Student Activities and Services and are authorized to use the Campus' name, facilities, and certain administrative resources.
• F. Registered Student Group: A group of students who organize to become involved in a common activity and who are registered with and approved by the Office of Student Activities and Services for the purpose of using Campus facilities.
• G. Sponsored Departmental Organization: Any group of students, faculty, and/or staff from a college, school, department, other unit, or combination of units of the University who organize to become involved in a common activity, not involving the representation of employees, and who obtain recognition from the unit for the purpose of using Campus facilities.
• H. Support Group:Any group, organization, foundation, or association other than a Campus Alumni Association or Campus Foundation
  • (1) whose primary purpose is to provide assistance through fund-raising, public outreach, and other support for the University's mission; or
  • (2) whose representatives or activities make the entity indistinguishable from the University itself; or
  • (3) that acts as an agent of or intermediary for the University.

  A support group must receive official recognition from the University before it may use the name of the University.

• I. Web Site: An electronic page used for publishing on the Internet, including the terms "home page" and "Web page."

III. Statement of University and Campus policy

• A. Official Corporate Seal of the University of CaliforniaCurrently, the Office of the President will not make electronic versions of the Official Corporate Seal available by means of the Web.

  The use of the official corporate seal is reserved for diplomas and other corporate materials, as authorized by the Secretary of The Regents. The authority to use the official seal is not delegated to the campuses.

• B. Unofficial Seal

  

  The President has delegated to the Chancellors the authority to permit the use of the unofficial seal as a symbol of the University for official purposes. However, the Berkeley Chancellor has discontinued use of this seal for Campus purposes. (See below, paragraph III.C, Berkeley Seal.)

  The unofficial seal may be used by Campus employees only when engaged in University wide activities commissioned by the Office of the President. Requests to use the unofficial seal must be referred to the Campus' Office of Marketing & Management of Trademarks, which will coordinate the submission to the Senior Vice President-Business and Finance. (See paragraphs IV.C & H, Delegated Authority)

• C. Berkeley Seal

  

  The Berkeley seal is the Campus' version of the unofficial seal, imprinted with the "Berkeley" name on the face of the seal. It is the official seal of the Campus. Because the use of this seal implies institutional support, it may only be used as authorized below.

  Campus administrators-the Chancellor, Vice Chancellors, Deans, Directors, Department Chairs, and Administrative Officers-may use the Berkeley seal as a symbol of the Campus for official purposes.

  Campus administrators may authorize faculty and staff employees to use University letterhead and business cards bearing the Berkeley seal, provided that such use is restricted to conducting official University business, within the course and scope of the individual's employment. All other uses of the Berkeley seal by faculty and staff employees are prohibited.

  Under exceptional circumstances, the appropriate Vice Chancellors may authorize other persons acting as agents of the University to use University letterhead and business cards bearing the Berkeley seal, provided that such use is restricted to conducting official University business, within the course and scope of the agent's authorized activities.

  Campus employees may not use the Berkeley seal for private, non-University purposes, including private professional activities, outside consulting or commercial activities.

  Use of the Berkeley seal on Web sites is restricted to official departmental Web sites. The Berkeley seal may not be used on personal Web sites.

  Use of the Berkeley seal for the production of emblematic products is permitted only by license or authorization from the Office of Marketing & Management of Trademarks. (See paragraph IV.C, Delegated Authority)

  Campus units may not create alternate versions of the Berkeley seal. Although the seal itself may not be altered, Campus colleges, schools, and departments may use the Berkeley seal in conjunction with the name of their college, school, or department, appearing alongside the seal for an otherwise approved use of the seal.

  Aside from the uses described above, all other uses must be authorized in writing, as provided in this policy. Authorization will be provided only when the requested use is clearly in the best interests of the University. (See paragraph IV.C, Delegated Authority)

• D. University's Name

  As indicated above, the name of the University and its campuses is protected by law and University policy. Under University policy, each Chancellor is delegated, within his or her area of jurisdiction, authority to permit use of campus names (e.g., University of California , Berkeley ), and/or abbreviations (e.g., Cal ), or any other name of which said designations or abbreviations are a part. Approved uses of the Campus' name for non-commercial and commercial purposes are as follows:

  • 1. Non-Commercial Use
    • a. By Campus Organizations and Groups

      Campus organizations and groups may use the Campus' name for non-commercial purposes, as follows:

      • Sponsored Student Groups are authorized to use the Campus' name for purposes of identification, as outlined in the Berkeley Campus Regulations Implementing University Policies (BCR).
      • Registered Student Groups are authorized to use "campus" or "Berkeley campus" for purposes of identification, as outlined in the BCR.

      Sponsored Departmental Organizations-such as staff associations-are authorized to use the Campus' name for purposes of identification, as outlined in the BCR.

      Recognized Support Groups are authorized to use the Campus' name, as outlined in the Policy on Support Groups, Campus Foundations, and Alumni Associations.

      Campus organizations and groups may not use the University's or Campus' name, or their affiliation with the University, in any manner which suggests, implies, or indicates University endorsement, support, favor of, association with, or opposition to any activity, program, event, policy, political and/or social movement, product, service, candidate for political office, or the like. In circumstances presenting the potential for implication of any of the foregoing, a disclaimer is required. (See section V, Disclaimer)

      Use of the University's name and Campus' name by other independent organizations and groups is prohibited.

    • b. By Individual Employees

      An employee may use the University's and Campus' names in making a true and accurate statement of his/her relationship with, or employment by, the University in the course of application for other employment, or stating the employee's experience or qualifications for any academic, governmental, business, or professional credit or enrollment.

      Employees may not use the University's or Campus' name, or their affiliation with the University, in any manner which suggests, implies, or indicates University endorsement, support, favor of, association with, or opposition to any activity, program, event, policy, political and/or social movement, product, service, candidate for political office, or the like. In circumstances presenting the potential for implication of any of the foregoing, a disclaimer is required. (See section V, Disclaimer)

  • 2. Commercial Use
    • a. Advertising that displays, lists, or suggests the University or Campus as a user or endorser of any product or service or as the source of research information on which a commercial product, program, or publication is based or derived or which evaluates or analyzes a commercial product, program, or publication is prohibited. This prohibition extends to advertising using any University or Campus seal, name, picture, landmark building, trademarks, or other indicia. Approval of an exception to this policy may be granted only in writing, as provided in this policy. (See paragraph IV.C, Delegated Authority)
    • b. All commercial use of the Campus' name and trademarks is permitted only by license or authorization from the Office of Marketing & Management of Trademarks (OMMT). Such uses include the manufacture, distribution, marketing, and advertising of all commercial and consumer products (e.g., clothing, souvenir items, gifts, printed matter, and other emblematic merchandise) and services bearing the Campus' name or trademarks. All such licensed or authorized products or services must be distributed by authorized licensees of OMMT. (See paragraph IV.C, Delegated Authority)
    • c. Manufacture and distribution of all commercial products bearing the name, official corporate seal or unofficial seal of the University of California , as distinguished from that of the Campus, is governed by the Office of the President and cannot be authorized by Campus authority. (See paragraphs IV.C & H, Delegated Authority)

IV. Delegated Authority for use of the University's and Campus' Names, Seals, and Trademarks

• A. The Chancellor is responsible for reviewing and authorizing requests to use the Campus' name, Berkeley seal, and Berkeley trademarks.
• B. The Chancellor has delegated the authority for the use of the Campus' name and Berkeley seal to the Vice Chancellors, with respect to their areas of jurisdiction. Authority for use of the Campus' name, Berkeley seal, and Berkeley trademarks in business and commercial areas has been delegated to the Vice Chancellor-Business and Administrative Services, who has re-delegated this authority to the Campus' Office of Marketing & Management of Trademarks.
• C. The Licensing Manager for the Office of Marketing & Management of Trademarks is responsible for:
  • 1. Reviewing and authorizing the use of the Campus' name, Berkeley seal, and Berkeley trademarks in the manufacture, distribution, marketing, and advertising of commercial and consumer products and services.

    These products and services are authorized by the Licensing Manager through the execution of an appropriate licensing contract, in a form approved by General Counsel. The Licensing Manager will be responsible for all administration of contracts, expenses, collection, and management of income for all licensed commercial uses, and monitoring and enforcing the proper use of the Campus' name, Berkeley seal, and Berkeley trademarks.

    Review of advertising shall encompass all advertising media, including print, radio, television, or Web sites. When in the judgment of the Licensing Manager, the requested use of the Campus' name is a true and accurate statement of fact, and when such use is in the best interests of the University and the Campus, the Licensing Manager may approve such requests. Non-routine matters or matters with campus wide significance will be referred to the appropriate Vice Chancellor.

  • 2. Reviewing requests for exceptions to these policies and coordinating those requests with the appropriate Vice Chancellor.
  • 3. Reviewing and authorizing the use of the Campus' name and affiliation by non-University, but Campus-related, entities (other than recognized Support Groups, paragraph G, below) including without limitation:
    • California Alumni Association
    • ASUC
    • The Faculty Club
    • Women's Faculty Club
    • International House
    • The UC Berkeley Foundation

    Non-routine matters or matters with campus wide significance will be referred to the appropriate Vice Chancellor.

  • 4. Reviewing and authorizing proposed use of the Campus' name or trademarks in motion pictures or television broadcasts and other promotional contexts, including use in connection with permits issued by the Office of Real Estate Services for film shoots which identify the Campus. The Licensing Manager will collaborate with the Assistant Vice Chancellor-Public Affairs in reviewing uses of the Campus' name in the media, and may authorize these uses for goodwill advertising in the best interests of the University. When such proposed use is not a question of University public relations or goodwill, the Licensing Manager will determine if the requested use may be licensable. Non-routine matters or matters with campus wide significance will be referred to the appropriate Vice Chancellor.
  • 5. coordinating the submission to the Senior Vice President-Business and Finance, of requests to use the University's name, official seal, or unofficial seal, as distinguished from that of the Campus.

• D. Contract and Grant Officers, Purchasing Officers, and other Campus authorities responsible for contracting with commercial entities are responsible for ensuring that corporate funding agencies and suppliers of goods and services are advised of State of California Education Code Section 92000 , and the restrictions on the use of the University's name, and Campus' name and trademarks contained in this policy. Contracts involving the use of the Campus' name and trademarks will be referred to the Licensing Manager for review and authorization. (See this section, paragraph C)
• E. Deans, Directors, Department Chairs and Administrative Officers are responsible for reviewing and authorizing use of the Campus' name, for purposes of identification, by Sponsored Departmental Organizations, such as staff associations, and others under their jurisdiction. (See paragraph III.D.1.a, University's Name, Non-Commercial Use By Campus Organizations and Groups) Use of the Campus' name, Berkeley seal or Berkeley trademarks for business or commercial purposes must be referred to the Licensing Manager for review and authorization. (See this section, paragraph C)
• F. Student Affairs Officers are responsible for monitoring and controlling use of the Campus' name, for purposes of identification, by Sponsored Student Groups and Registered Student Groups, in accordance with the Berkeley Campus Regulations Implementing University Policies (BCR). (See paragraph III.D.1.a, University's Name, Non-Commercial Use By Campus Organizations and Groups) Matters involving the use of the Campus' name and trademarks will be referred to the Licensing Manager for review and authorization. (See this section, paragraph C)
• G. The Vice Chancellor-University Relations, in coordination with the appropriate Vice Chancellor, is responsible for authorizing, monitoring, and controlling use of the Campus' name by Recognized Support Groups, in accordance with the Policy on Support Groups, Campus Foundations, and Alumni Associations and the Administrative Guidelines for Support Groups. Matters involving the use of the Campus' trademarks will be referred to the Licensing Manager for review and authorization. (See this section, paragraph C)
• H. The Senior Vice President-Business and Finance is responsible for reviewing and authorizing requests to use the University's name, official corporate seal, or unofficial seal, for non-commercial and commercial purposes, including the manufacture and distribution of commercial products.

V. Disclaimer

If there is a possibility that the use of the Campus' name, Berkeley seal, and/or Berkeley trademarks by Campus organizations or groups or individual employees might be construed to imply University endorsement, support, favor of, association with, or opposition to any activity, program, event, policy, political and/or social movement, product, service, candidate for political office, or the like, said organization, group, or individual employee must first consult with the appropriate official listed in section IV above. Further, such group, organization, or individual must issue a disclaimer of University involvement in a form and manner required by such official.

VI. References

• A. State of California Education Code, Section 92000
• B. Delegations of Authority to Chancellors from President Gardner, May 3, 1985:
  • 1. Policy to Permit Use of the University's Name
  • 2. Policy to Permit Use of the Unofficial Seal
• C. Delegation of Authority from Chancellor Berdahl-Use of the Campus' Name, Berkeley Seal, and Berkeley Trademarks to Office of Marketing & Management of Trademarks, January 22, 1998
• D. Policy on Support Groups, Campus Foundations, and Alumni Associations, approved by The Regents September 15, 1995; and Administrative Guidelines for Support Groups, April 1996
• E. Berkeley Campus Regulations Implementing University Policies, October 11, 1985 (Implementing the University of California Policies Applying to Campus Activities, Organizations, and Students, October 31, 1983)
• F. Draft Policies and Guidelines for Publishing on the World Wide Web at the University of California , Berkeley
• G. The University of California Faculty Handbook
• H. Academic Personnel Manual