Frequently Asked Questions | Arkansas Tech University

Frequently Asked Questions

What is a trademark or service mark?
A trademark or service mark is a word, name, phrase, symbol or any combination thereof that identifies and distinguishes goods or services of one party from those of others. A trademark is a brand name. Rights in trademarks arise as a result of the use of the marks in commerce to identify the source or origin of goods and services. In addition, a trademark remains the property of the owner so long as the owner continues to use it properly and protects its authenticity as a trademark.

What qualifies as a trademark, logo or symbol?
Any mark, name, logo, symbol, nickname, abbreviation, word, mascot, slogan, uniform insignia or landmark that is associated with Arkansas Tech University and is distinguishable from any other university, team or organization.

Who must be licensed?
Any individual or company that wishes to receive Arkansas Tech University's express permission to use any or all of its trademarks/logos on products or for services sold in the marketplace, whether wholesale, retail or online. Other activities, such as some noncommercial use of trademarks/logos, may or may not need to be licensed. Some activity may constitute fair use or free speech so as not to require license. Advice in that regard should be sought from your own legal counsel.

How long does it take to obtain approval?
A decision on any license request will depend on the nature and extent of the use being applied for, the number of trademarks involved, the number and diversity of products for which the trademark or trademarks will be used, and other possible factors, such as whether the University believes there is a need to seek legal advice on the application. However, in most cases, an answer will be provided in 30 days or less.

What products can be licensed?
Arkansas Tech University will not license an activity which it believes would disparage the University or any of its trademarks, or would be libelous, slanderous, harassing, or in violation of local, state or federal law or constitute an unfair trade practice. Some activity may constitute fair use or free speech so as not to require license. Advice in that regard should be sought from your own legal counsel. Arkansas Tech reserves the right to refuse any license at any time for any reason, in its sole discretion.

How can you obtain a licensing application?
You can obtain an application for a License Agreement directly from Strategic Marketing Affiliates. This application can be downloaded from their website at www.smaworks.com.

Does all artwork have to be submitted for approval?
Yes. All art designs must be submitted and approved by Arkansas Tech University Licensing Coordinator prior to products being produced.

How are the Arkansas Tech University’s trademarks able to be used with other Trademarks (co-branding)?
Any use of Arkansas Tech University marks with other trademarks must be approved by the Arkansas Tech University Licensing Coordinator, or through a University contract.

How much does it cost to become licensed?
The cost for a Standard License Agreement is:

$100 non-refundable application fee and
10% royalty fee for Arkansas Tech University products.

If I am a student or from a department of Arkansas Tech University, do I need to ask permission to use a trademark?
Yes. Student Organizations and University Departments must complete and submit the licensing approval form. It is important for Arkansas Tech University to protect the trademarks and controlling their use will maintain their value.

If the product is not going to be resold, does it have to be produced by a licensed vendor?
Yes. All items bearing Arkansas Tech University marks must be produced by a licensed vendor whether they are for resale or not.

Are any requests exempt from royalties?
Generally, items are subject to royalties. However, each request is reviewed on a case-by-case basis.

What does Arkansas Tech University do if unlicensed merchandise is discovered in the marketplace?
Merchandise produced without authorization may be considered counterfeit or infringing and subject to all available legal remedies.

When am I able to use the trademarks of Arkansas Tech University?
Any trademark that identifies or is associated with Arkansas Tech University may not be used without prior, expressed, written permission from the Arkansas Tech University Licensing Coordinator. A questionnaire is available to assist you with providing pertinent information so that your request can be considered.

How long do requests usually take to process?
Typically, the review process is 2-5 university, business days. Each request is reviewed on a case-by-case basis to ensure compliance with Arkansas Tech University policies.

How can I obtain a list of licensees?
A list of licensees can be obtained through Strategic Marketing Affiliates, the Arkansas Tech University Licensing Coordinator or the Local Licensed University Vendors page.

Is it acceptable to alter an Arkansas Tech University Trademark?
No. At no time can Arkansas Tech University Trademarks be altered. Altering a mark would hurt its integrity. This would dilute the strength and value of Arkansas Tech University’s marks.