Frequently Asked Questions

Detailed answers regarding the many facets of ordering promotional products and receiving official Trademarks and Licensing approval.

If you’re unsure of any language used in the explanations below, please see a full list of definitions.

1. What is a trademark?

According to the United States Patent and Trademark Office (USPTO), a trademark is a brand name and includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services. Therefore, UB claims and protects the following trademarks: our names, seals, symbols, insignia, logos, original artwork, word marks, signatures or taglines, uniforms, mascots, or other identifying visuals, as well as still and moving images, or any other identifier that represents the University at Buffalo.

2. What’s the difference between TM, SM and ® symbols on logos?

TM stands for trademark and is used for tangible goods. SM stands for service mark and is used when a company only provides services to their customers. Both symbols are used prior to any official registration with the United States Patent and Trademark Office (USPTO). Once the office grants official registration of the mark, the ® symbol is required.

All of the above symbols demonstrate ownership. The University at Buffalo requires all trademarks to carry appropriate symbols on all uses unless an exemption is granted by the UB Trademarks and Licensing (TML) office.

3. What if I left off the TM or ® from one of our promotional products? Do I have to throw them away?

No, you don’t have to throw them away; however, if the TML office finds that any reorder of that particular item is still missing the TM or ®, they will place the UB unit and licensed vendor on notice and may request disposal of the reprinted item in the future.

4. What are royalties?

Royalties are payments made in exchange to use a trademark. Royalties are collected whenever an item is produced that could be sold in a retail setting. The royalty rate is applied to the wholesale price of a good, not its retail price. For example, the retail price of a shirt in a store may be $25, while the actual wholesale price is only $5. The royalties collected on that shirt would be $.60, which reflects a 12% royalty rate.

5. What do you do with royalty revenue?

Royalties fund UB's Trademarks program which protects all marks related to the university and protects the consumer from deceptive, faulty or inferior products bearing the university name. A portion of royalty revenue is directed to UB's student scholarship fund.

6. What is the current royalty rate?

The current royalty rate is 12% as of 4/1/2020, which is subject to change. Little Victor brand assets are subject to a 13% royalty rate.

7. How can I receive a royalty exemption?

Royalty exemptions are never granted when using Little Victor. Royalty exemptions are never granted when co-branding with an external entity. Royalty exemptions when using brand assets other than Little Victor are granted on a very limited basis and must satisfy ALL conditions below:

  • Condition 1: University funds are used to purchase the product or service.
    • However, if university funds are used to purchase a product or service and then those products or services are resold in any fashion, royalties must be paid.  Additionally, if university funds are used to purchase a product or service and co-branding with an external entity is being requested royalties will be charged. The following instances are examples of university purchases that are not eligible for a royalty exemption:
      • Instance 1: Products or services purchased with university funds but then used for resale or sold at cost to faculty, staff and students, unrelated to the educational mission of the university (e.g., a department places an order for employee clothing then collects reimbursement from staff).
        • It is not considered resale when a unit purchases items in bulk and uses an interdepartmental invoice (IDI) to share order costs among departments.
      • Instance 2: Items purchased with university funds then sold in fundraising efforts (e.g., a student group selling t-shirts to raise money for their organization or a group raising money as a donation to a humanitarian aid organization in recognition of a natural disaster). 
      • Instance 3: Co-branded promotional products when purchased with university funds (e.g., a sponsorship agreement with an external partner includes the distribution of UB branded and sponsor branded items to be given away at a university event).
  • Condition 2: The item is customized in such a way that a retailer could never sell to the general public. Co-branding with an external entity is not considered a customization for purposes of a royalty exemption. Examples of customization include but are not limited to:
    • Use of unit lockups at the brand extension or sub-brand level.
    • Use of a master brand mark accompanied by a URL or event name (e.g., “Orientation 2017”).
    • Use of a master brand mark accompanied by a supporting statement, such as “Compliments of the office of XYZ.”

8. We have a sponsorship agreement with a company. The agreement allows for co-branding between our unit and the company on promotional products that will be given away for free at a UB Event. Will this be royalty exempt?

No—co-branded items that are given away are always royalty bearing, regardless of who purchases them. Our policy does not provide royalty exemptions for co-branded products.

While it would be ideal for this information to be addressed during the agreement stage, we understand that our office is not always involved in those early discussions. At a minimum, all agreements must align with university policy which includes the Trademarks and Licensing policy and brand standards. These guidelines cover this situation and other requirements.

Additionally, all sponsor co-branding must be accompanied by a descriptive statement that explains the relationship between UB and the sponsor. 

9. I’m using university funds to buy merchandise. Am I automatically exempt from paying royalties?

No, royalty payments are required in the following circumstances even when using university funds to procure trademarked items:

  • Products or services used for resale or sold at cost to faculty, staff and students, unrelated to the educational mission of the university (e.g., a department places an order for employee clothing, then collects reimbursement from staff).
    • It is not considered resale when a unit purchases items in bulk and uses an interdepartmental invoice (IDI) to share order cost among departments.
  • Items sold in fundraising efforts (e.g., a student group selling t-shirts to raise money for their organization or a group raising money as a donation to a humanitarian aid organization in recognition of a natural disaster).
  • Items bearing the name of the university, master brand marks or other university marks and the usage of these marks is not specialized or customized in a way that would prevent sale by retailers to the public.

10. Can I just pay the royalty fee directly to the university and use whatever vendor I want?

No. The university contracts with a licensing agent that handles all royalty fee transactions. Also, there are many other reasons for using a licensed vendor, such as liability insurance coverage; ethical, environmental, and sustainability issues; and financial stability.

11. How is the royalty fee paid?

Royalties are a pass-through charge. They will be included on the final invoice from the licensed vendor who produced the item. The licensed vendor then passes the collected royalty fee to UB's licensing agent.

1. We have a vendor who we work with that would like to include UB on their client list. Can they use our name or logo?

Per UB’s official policy, a vendor who has, or has had, a contractual relationship with the university or a unit of the university may make only factual statements in its marketing materials acknowledging an official relationship with the university. The statement may describe the nature of the contractual relationship and cannot give an opinion concerning the quality of a product or service.

Promotional material that states an opinion about the quality of a product or service is permissible only when provided by an individual acting in his or her own personal capacity, separate from the university. If the individual is identified by their university title or affiliation, a disclaimer should state that the individual’s personal views do not reflect that of the university.

A vendor may use the university master brand mark or a unit brand extension or sub brand mark, whichever is most appropriate to their relationship with the university, in its materials as part of a client list that includes other client logos. The UB logo may not be altered in any way and must be presented in the same way as other client marks.

All promotional material that identifies the university or a unit of the university as a customer or client must be approved in advance by the TML office.

2. My company is a UB sponsor or partner. Can I use the UB name and marks?

Possibly, but you must follow strict guidelines that are explained further in the TML policy as well as your individual sponsor contract with the university. Review your sponsorship contract and the policy for further details. All sponsor co-branding must be accompanied by a descriptive statement that explains the relationship between UB and the sponsor. Additionally, co-branded items are never royalty exempt.

3. I did business with UB. Can I use the UB logo on my website and brochures?

The university name and/or marks can appear in a client list; however, there are restrictions. UB must be presented in the same fashion as other business partners that appear in the client list. It cannot be highlighted in a special way, such that it is the only client listed or our names/marks appear larger than any other client. Additionally, any context must provide only factual statements, such as “previous customers of XYZ.” No actual or implied claims of endorsement are allowed, such as “preferred vendor of the University at Buffalo.”

All promotional material that identifies the university or a unit of the university as a customer or client must be approved in advance by the TML office.

4. Can I use pictures of the work I did for UB on my website?

Yes, but please do not include any other content that provides an opinion or serves as an implied endorsement of the work pictured.

All promotional material that identifies the university or a unit of the university as a customer or client must be approved in advance by the TML office.

5. I'm a local company and would like to use the UB name or marks in my store. Is that allowed?

Using the university name “University at Buffalo,” the initials “UB” or the term “Bulls” in plain text type is allowed only if the following conditions are met:

  • Builds goodwill in the local community.
  • Short-term usage of 30 days or less.
  • Separated from the sale or promotion of products or services.

Examples of allowable instances include a banner across an entrance cheering “Go Bulls” during the NCAA March Madness tournament, “Welcome Back, UB Students” at the start of the academic school year, or “Congratulations, UB Graduates” during commencement season. Under no circumstance are any official UB trademarks, logos, or lockups permitted within these uses.

6. I graduated from UB. Can I use the logo on my LinkedIn account and other social media accounts?

Yes. Once you identify your relationship with one of UB’s official institutional accounts by using the correct handle or profile name, you will automatically see the proper UB logo(s) established for those platforms.

You may also utilize UB’s name and marks on personal webpages to indicate your education history or prior work experience. Usage must be strictly factual in context. You cannot monetize, commoditize or commercialize the university name and marks in any way, or infer, imply or explicitly communicate an endorsement or recommendation on behalf of the university.

1. Why do I have to use a licensed vendor?

Using a licensed vendor ensures that they are aware of and abide by UB brand requirements; maintain proper liability insurance to protect the university’s interest; uphold high sustainability and ethical standards within their supply chain; honor UB’s Code of Conduct; and validate product quality and strong financial stability. We are also contractually obligated to use licensed vendors per our agreement with our licensing agent.

2. My vendor told me they were a licensed vendor, but I just found out they’re not. What should I do now?

Please contact the TML office at UBTrademarks@buffalo.edu so we can reach out to the vendor to explain our policy and licensing requirements. We can also help identify a new licensed vendor to fulfill your order.

3. The item I need is unique, and there is no licensed vendor available. What should I do?

Contact the TML office at UBTrademarks@buffalo.edu to discuss your options.

1. My vendor says they need a vector file. What does that mean and where do I get it?

A vector file is a format that uses mathematical curves and paths to produce an image that you can scale to size without losing any quality. Unlike raster files that are made of tiny pixels, which can easily become distorted as you enlarge them, vectors retain their crispness no matter what size you choose to use them in. The university provides a vector version when you download a logo or lockup as an .eps file. You or the vendor can retrieve these files directly from the UB Logos, Marks and Graphics webpage without any special log-in credentials. For additional information on using the correct file and color formats for digital and printed applications, please review our file format and color tip sheet.

2. There is not enough room in the imprint area for all the information that I need to include. What do I do?

Generally, you should pick a different item with a larger imprint area. For example, if you would like to order lanyards for your staff to wear but the lanyard is too thin to accommodate a brand extension or sub-brand lockup, you must select a wider lanyard to fit the lockup.

However, when the product is not available in different sizes and is necessary as an office/classroom supply item such as a flash drive, the TML office will allow an item with minimal information such as the program name in plain type instead of unit lockups. Contact the TML office at UBTrademarks@buffalo.edu to discuss your options.

3. Can I create my own UB logo and use it?

Absolutely not. You must adhere strictly to brand guidelines. The TML office does not approve or support any self-curated logos, marks, lock ups, names, taglines or designs that deviate from what’s outlined on the brand website. Also, any creation of new logos is considered competing trademarks and an infringement on the university’s brand.

4. Can I take a university logo and change it so it’s different to avoid all these trademark rules?

No. Absolutely no revisions to any UB mark is permitted. 

5. The UB colors don’t match our color scheme. Can I change the color of the logos?

No, you cannot change logos or marks in any way. These sanctioned colors are just as much a part of the university’s brand as the actual logos the TML office protects.

6. Can I use hand-drawn or original artwork on my promotional item? What about artwork such as clip art or images pulled from the internet?

While we discourage the use of any artwork or images that are not owned by the university and part of our brand assets, we do occasionally allow this practice if it makes sense for a particular program or event.

Any artwork not owned by the university must be released for use. This written artwork release form is required unless it is in the public domain and proven in writing. Artwork provided as free and clear to use in any manner including commercial endeavors (e.g., clip art) will be approved only if the image is for short-term use and will not be used on a long-term basis.

Since clip art and other free and clear items are in the public domain, they cannot be governed to reflect UB’s brand. For instance, if a UB student club uses a clip art graphic which is also used by a radical extremist group, it would negatively impact the student club’s and the university’s reputation.

1. It was so simple before I needed trademark approval. If you want me to use the trademarks, why do you make it so hard?

Protecting the university’s brand assets and trademarks is very important. These elements work together to create, build and enhance UB’s reputation. That’s why the TML office takes the protection of trademarks very seriously. Yes, this process can be time-consuming. However, if your requests adhere to current brand guidelines, it can take less than a day to complete. The TML office continually looks for ways to improve this process, so please share any suggestions you may have.

2. What types of items need to be approved by the TML office?

Any item that carries university trademarks, names, images, seals or logos and has a shelf life of one year or longer must be approved by the TML office prior to production. There are two categories that typically do not require prior trademark approval, but must continue following brand standards:

  • Printed promotional items such as flyers, brochures, etc.
  • Web/electronic promotions such as departmental webpages, emails, etc.

Please note that all business stationery must be ordered through UB Print Services as they are the only official provider permitted to use university marks without individual trademark approval for each order.

3. I am not using state funds. Do I still need trademark approval on my branded item?

Yes. Regardless of the funding source you use to purchase a product, all items bearing marks that relate to the university (or have come to be associated with the university) must be approved by the TML office prior to production.

4. If I don’t use any references to the university, am I required to go through the TML office?

Yes, you are. Not only do we approve the marks used on any given product, but we also ensure that the item reflects the quality and value of our university and is not a prohibited item or includes discriminatory or derogatory language/images.

5. I’m doing a reprint. Do I still need to go through the trademark approval process again?

Yes, you do. This is the only way the TML office can ensure that any mark(s) on the product remains on brand, the vendor is still a licensee and the product is not prohibited.

6. We are holding a departmental sale. How is that handled by the TML office?

A departmental sale is no different from any other trademark request. The design must be submitted for trademark approval prior to collecting orders. This is to ensure that the designs that you promote for sale are the same as what was approved by the TML office. The TML office is not responsible for additional costs incurred if you sell items based on designs that are later required to be adjusted to meet trademark and brand standards. Getting designs approved prior to selling your items ensures that the customer will receive the design they ordered. Additional guidelines for Student Association groups can be found here. 

7. Do I need to get competitive quotes from a bunch of vendors?

The TML office does not oversee procurement requirements. Please refer to the current UB procurement guidelines for your particular funding source before submitting trademark approval request to the TML office.

8. What do I do if there’s something wrong with my order after delivery?

Try to work with your vendor to rectify the problem first. If you are unable to reach an acceptable resolution, please contact the TML office directly for assistance. If the order was imprinted with an incorrect logo, please notify the TML office immediately for further instructions and assistance.

9. How long does it take from beginning to end to receive a merchandise order?

It’s very difficult to set a time because there are many variables that depend on the item chosen, including application process, country of origin, shipping time, design layout and trademark approval.

10. How long does it take to receive trademark approval?

To avoid unforeseen delays, we recommend budgeting at least two weeks into your project timeline for TML review. While most orders receive an initial response within 24 hours, delays can occur due to issues such as funding source verification, unlicensed vendors, artwork ownership, or required design layout corrections. If you’re working on a shorter timeline, we encourage you to contact UB Trademarks directly.

11. My vendor is handling the trademark approval process so I don’t have to. Is that okay?

Yes, that’s okay. Though, please be aware that the UB customer is ultimately responsible for completion, submission and final approval before the item moves into production.

12. I have old promotional items that do not use the current logos. Can I still use them for promoting my department?

No. Those items should not be used for promotional purposes. The university originally allowed each department to phase out old promotional items beginning in April 2016.

1. Is there an official trademarks and licensing policy?

Yes. You can review the TML policy as well as the policy guidance document on this website.

2. What is the university doing to ensure that products are created in an ethical manner?

All of our licensees agree to abide by our Code of Conduct and hold membership in the independent monitoring agency, Fair Labor Association (FLA). The university is also an affiliate member of the FLA and holds membership in the Worker Rights Consortium (WRC). The university, our licensees and licensing agent are all committed to sustainability and full transparency through active audits, industry monitoring and educational efforts.

3. Why are certain items prohibited?

There are various reasons why the university prohibits certain items. Many items are physically harmful such as tobacco products or firearms, while categories such as gambling and politics are not in line with institutional values. Skin care items are restricted due to the high probability of adverse reactions and the inability to control proper testing and labeling practices.

All items are evaluated by the TML office for risk to the end user and the university’s brand.

1. Am I allowed to use the university name or logos for my own purposes if I’m not selling anything?

No personal uses are permitted. The university’s trademarks are owned by the university for university use only.

2. Can I use the university name or logos on items like invitations, party supplies, personalized t-shirts for my child who is a UB student without going through the TML office?

All items that carry any UB trademarks including the university’s names must be vetted through the TML office for approval. You can order these items directly from one of many licensed vendors that follow the trademarks and licensing approval process. Please contact the TML office at UBTrademarks@buffalo.edu for assistance in finding a vendor and more information on the approval process.

3. Am I allowed to sell my handcrafted items that use the university name or logos at local flea markets, on Instagram, at my church bazaar, etc.?

Unfortunately, no. At this time, the TML office does not have a crafting program that monitors this type of usage and therefore cannot grant permission to use UB trademarks.

4. If my grandma bakes me a cake that has the UB logo, will she go to jail?

No. The TML office loves branded homemade baked goods from grandmas as much as the next person and allows this celebratory practice without any trademark oversight.

5. The TML office told me I had to destroy my products because they had the wrong logo on them; that seems excessive. Can I just donate them to a charity?

Unfortunately, no, you cannot reuse or donate these items. If the design layout is incorrect, no audience should receive the item. Releasing an incorrect item into the external market weakens the university’s brand.

6. Can I use an old UB logo that you don’t use anymore?

No. UB still claims ownership of old logos and restricts use.

7. My child’s soccer team wants to be called the Buffalo Bulls. Can they use that name or the university’s logos for free because it’s a children’s league?

Unfortunately, no. UB doesn’t allow any other teams or schools, no matter what educational level they are, to use current or old trademarks.

8. Why can’t I use one of the university’s logo with my own messaging?

You cannot pair your unique messaging with UB trademarks because this creates a new logo that competes with current marks. This type of creation/revision is strictly forbidden and will be formally addressed by UB’s brand management team.

9. I know of an office/group that never goes through the TML office for approvals. Is there a way to report them without getting myself into trouble?

We receive tips from many people—staff, alumni, vendors, retailers—informing the TML office of trademark infringements and welcome all reports of non-compliance activity. Typically, someone will reach out to educate the offending parties on the approval process and need for brand compliance. The original contact person is never revealed. If you want to report noncompliant activity, please contact the TML office at UBTrademarks@buffalo.edu.

10. If I see something at a store that I know is using the wrong UB logo, who should I contact to report it?

Please send notification of any suspicious use of UB trademarks directly to UBTrademarks@buffalo.edu and include as much information as possible, such as where you saw the item, a description of its use, and a photo, if possible. Your name or unit is never mentioned if the TML office reaches out to the vendor.

11. Do I need to get trademark approval if I want a student to draw a mural on my office wall using the UB logo? What about an outside sign company?

Yes, in both instances you need to get approval before moving forward. Also, the TML office may need to involve the Capital Planning department within UB Facilities depending on the application. Please verify with your unit’s Facilities Planning and Management Officer (FPMO) to ensure you have proper unit-level and facilities approvals before proceeding.