- My department is working on a joint venture with an overseas organization. They are securing all the vendors for the event but we are paying for them. Should we sign the contract?
- Who handles system-wide agreements?
- I've been asked for Evidence of Insurance or a Certificate of Insurance. Do we have that?
- What is the difference between Evidence of Insurance and Certificate of Insurance?
- I've been sent to multiple departments and no one thinks the contract should go to them. What do I do now?
- Is there someone to help me negotiate the terms of the contract?
Business Contracts and Brand Protection
- What is a BCMS Request Form, and who approves it?
- What do I submit to the Business Contracts Office (BCO) to get started?
- What is the difference in contracting authority between Supply Chain Management versus the Business Contracts Office?
- What is the difference between the services provided to customers by Supply Chain Management and the services provided by the Business Contracts Office?
- Who is the Business Contracts Office customer?
- The work is already done and I can't get my vendor paid. Can't Risk Services just waive the insurance requirements?
- I didn't get the Certificate of Insurance before I hired the vendor, now I can't get them paid. What do I do?
- Can I waive the insurance requirement on the contract?
- My contract is loaded into BearBuy sowhat happens next and how long does it take?
- Can I sign this contract?
Brand Protection FAQ
- What is a trademark?
- Is the University's name a trademark?
- What are UC Berkeley's trademarks?
- Should I seek a federal registration for a trademark representing my department, school, program, or initiative?
- What types of notices should accompany a UC Berkeley trademark?
- What if can't find the answer to my question here?
- Who should I contact if I want to film or take photographs at UC Berkeley?
- Are there policies that govern Use of the University’s name on business cards and letterhead?
- If I discover UC Berkeley-logoed merchandise is of inferior quality or I don’t believe it is being produced by a licensed vendor, who should I contact?
- If I discover that UC Berkeley’s name and other trademarks appear in print or online advertising, and I’m not sure the University has authorized the use, who should I contact?
- What types of licenses are available and who should I contact?
- Why do I need to use a trademark licensee to produce my merchandise?
- Do I need to pay a fee to use a trademark?
- How do I request permission to use UC Berkeley’s trademarks?
- May I alter a trademark?
- Is it possible to create a logo/trademark to represent an official UC Berkeley department, program, or initiative?
- Are there guidelines for using UC Berkeley’s name and other trademarks?
- Who do I contact if I wish to use a trademark belonging to another UC campus, lab, or Office of the President?
Only if the regents are a party to the contract.
Evidence of Insurance is a document that simply advises the University has insurance in place to cover any loses to property, bodily injury, etc.
A Certificate of Insurance is issued when the contract requres that an entity be named as an "additional insured" for a specified amount and duration of time.
If you’d like help with negotiating the terms of your contract, contact us as early as possible. Our BCBP specialists will work with you to help you understand which terms cannot be agreed to. We evaluate the other party's terms, consult with other UC Berkeley offices as necessary, and discuss any issues with the UC Berkeley client.
A BCMS Request Form is the online form used by the department to request services from BCO. It is approved by the department's Management Services Officer (or equivalent or higher position) and should be submitted to BCO with appropriate backup documents. Please contact a BCO Specialist for more information, and for instructions and issues pertaining to completion of the form.
A BCMS Request Form. For all requests, submit a completed BCMS Request Form through the Business Contracts Management System (BCMS). Upload supporting documentation, including a copy of any agreement given to you by the other contracting party. Please contact a BCO Specialist for more information, and for instructions and issues pertaining to completion of the form.
The Business Contracts Office is governed by a separate and specific signature delegation from the President of the University to the Chancellor of the Berkeley campus and further delegated to the Senior Business Contracts Officer of the Business Contracts Office, "to execute various service agreements required with outside organizations, agencies and individuals to implement approved programs and activities, whether the university is the supplier or recipient of the service covered by the agreement." This BCO delegation is not used for transactions that are governed by other campus signature delegations.
The Business Contracts Office helps campus customers with non-research business contracts, including agreements associated with business relationships for strategic alliances, intangible rights and business intellectual property licenses, and revenue generating business opportunities. For more information, see: Business Contracts Office: Roles & Responsibilities.
In contrast to the Business Contracts Office, Supply Chain Management works with campus departments in the acquisition of common goods and services, including the purchase and/or lease of tangible personal property. See Purchasing Contracts for more information on the types of contracts which are considered purchasing rather than business contracts. Supply Chain Management activity typically involves an expenditure of funds governed by California Commercial Code and public contracting regulations. Services acquired include professional services and common services.
The Business Contracts Office provides service to all University campus departments and units. Note that the Business Contracts Office does not furnish services to individual faculty members, staff or students.
Risk Services does not reduce or waive insurance requirements after-the-fact. By failing to obtain the insurance coverage required by University policy, the contract signer has put the University at risk, and claims or lawsuits related to the contract may be filed up to three years beyond completion of the work.
You will need to obtain a letter from the department Dean answer the following questions and upload it into BearBuy for review and payment.
- What went wrong (necessitating the Dean's approval). i.e. we authorized a contractor to complete a project without securing the required Certificate of Insurance proir to the commencement of work.
- Advise what they will do to prevent this from happening in the future.
- If Dean approves of expenditure, sign on the line saying "approved" and date it.
No. Only Risk Services has the delegated authority to waive insurance requirements and has delegated Supply Chain to waive certain minimum risk contracts IF they meet all of the requirements listed here: http://riskservices.berkeley.edu/resources/contract-review
Risk services requests two weeks lead time before the start of the event for review and signature of the contract.
A trademark is a form of intellectual property that identifies and distinguishes the goods and/or services of one organization from those of another. Trademarks can be distinctive words (known as word marks), designs (i.e., logos), letters, colors, sounds, or landmarks separately or in combination. Visit our Trademarks page for a list of some of UC Berkeley’s trademarks.
Yes. The University’s name and its abbreviations are considered trademarks since they identify the source of the goods and services available at or produced by the University. Thus, “University of California Berkeley,” “UC Berkeley,” and even “Berkeley” are among our trademarks. We also consider the University’s domain name, “Berkeley.edu,” to be a trademark. All University of California trademarks (those associated with UC campuses, labs, and Office of the President) belong to The Regents of the University of California. The University’s name is further protected and its use governed by California Education Code 92000
Trademarks that are associated with or refer to the University of California, Berkeley are included in our family of “global” marks. Many of these global marks, such as the University’s name and its variations, “Cal” in script, the Berkeley seal, and others have been registered in the United States and in several international territories.
Additional trademarks may include names of our schools, departments, programs and/or initiatives. Examples include: “Haas School of Business,” “Leading through Innovation,” “Cal Recreational Sports,” “Students. Athletes. For Life.,” “Berkeley Law,” “The Berkeley Institute of the Environment,” “The Scholars Workstation,” “Cal Student Store,” and “Zellerbach Hall.”
Even the campus' domain name, "berkeley.edu" is considered a trademark.
It depends. In the United States, trademarks are provided “common law” rights and protection. Further, since many departments, schools, programs, and initiatives include “University of California Berkeley,” “UC Berkeley,” “Cal” in script, or the Berkeley seal, which have all been registered with the U.S. Patent and Trademark Office, these trademarks are afforded the additional protections available from federal registration. All of these marks and many more have been registered in various international territories. To see a list of trademarks that have been registered in international territories, visit our Trademarks page.
If you believe the name of your department, school, program, or initiative may be exploited by others in the United States or an international territory, you may wish to apply for trademark registration. Please note that you will be required to pay for the application and any legal fees that may be associated with the registration. We recommend setting aside approximately $3,000 per trademark and classification, for an application in the U.S. as this will help to cover legal and government fees. If the registration is opposed by an individual or company that believes they have a similar trademark the cost could be significantly more.
Seeking a trademark registration in an international territory is much more complex so the Office of General Counsel will usually retain a law firm located in the territory in which a registration is sought. Unlike in the U.S., where common law rights are granted to trademark owners who have used their trademark in interstate commerce, some countries require a trademark owner to register a name, logo, etc., before it is granted trademark status. Application fees vary greatly according to the international territories in which the registrations are sought. Again, there is no guarantee that simply seeking a trademark registration will result in acquiring one. Feel free to contact Business Contracts and Brand Protection email@example.com for advice
Registered trademarks: We recommend you add the registration designation, “®” to the lower right of the mark. Although registration designations are not required, they are strongly recommended to denote ownership and protection from infringement.
Unregistered marks which are protected by common law: We recommend you include the trademark notice “™” to the lower right of the mark.
More information is available at the University of California's Graphic Identity and Resources page http://www.universityofcalifornia.edu/graphicresources/welcome.php.
Additional guidelines, policies, and frequently asked questions are also available at the following sites:
University of California Policies and Guidelines
University of California Seal
University of California Letterheads and Business Cards
University Name and Other University Trademarks
You may always contact Business Contracts and Brand Protection, firstname.lastname@example.org, or 510.642.9120 and we will do our best to answer your question.
Yes. The University of California Office of the President policies on business cards and letterhead are available here. Faculty/staff may order business cards and letterhead from UCSF Document, Media &Mail. In general, students may not acquire University business cards unless there is a campus need and responsibility for appropriate use of the business card is monitored by an appropriate dean or department chair.
First, thank you for helping us protect UC Berkeley’s intellectual property rights. If you complete our Report a Trademark Misuse Form, we will be able to initiate an investigation to determine if our rights have been violated and, if so, begin the process to reclaim those rights.
Visit this link for information regarding the types of licenses available and the process for seeking permission regarding commercial use of the University's name and other trademarks. Also on the site are lists of the Local, Restricted, and Standard Licensees authorized to produce UC Berkeley branded goods.
Trademark Licensees agree to:
- Uphold the University’s reputation by placing our trademarks on quality merchandise
- Use the trademark as required by United States or international laws and/or University/UC Berkeley policies
- Comply with the University of California Code of Conduct for Trademark Licensees, which helps to ensure that workers manufacturing our logoed goods are treated humanely and with respect
- Hold the University harmless from liability
Fees/royalties are usually not assessed when UC Berkeley’s trademarks are used in connection with campus goods/services, placed on merchandise for our own use, or resold to support a campus program or initiative. Business Contracts and Brand Protection will make the determination based on a number of factors, such as the number of items ordered, if the items will be gifts, for promotional use during specific events, or if resold, the proceeds must benefit the UC Berkeley department/school selling the items. We do require, however, that you use a licensed vendor to produce the goods.
Fees and/or royalties may apply for other commercial uses.
You may submit a completed Trademark Use Request Form to receive permission to use the University’s trademarks. If your request is approved, BCBP is also able to provide you with one or more versions of our registered trademarks.
Those who wish to use the University’s trademark on merchandise for resale in the U.S. or internationally, should contact Matt Terwilliger, Assistant Athletic Director-Business Development, at email@example.com or UC Berkeley’s licensing agent, the Collegiate Licensing Company (CLC).
No. UC Berkeley trademarks may not be altered, combined with trademarks that belong to others, or modified in any way that would diminish the integrity of the trademark. To do so, could jeopardize our rights to the trademark.
Yes. The campus has many official programs and services, associated with its education, research, and public service mission, which are targeted to specific internal and external groups, so it may be necessary to create a new logo for branding and marketing purposes. We strongly recommend, however, that you consider the campus’ overall branding strategy and trademark protection efforts when you begin the development process. Please feel free to consult with Business Contracts and Brand Protection, firstname.lastname@example.org, or 510.642.9120, during the beginning stages of the process. Affiliate and student organizations may be governed by specific University or UC Berkeley policies which limit or exclude use of the University’s trademarks for purposes other than identification.