Licensing Frequently Asked Questions
Frequently Asked Questions about SSC Licensing
What is a trademark?
• A trademark 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 the Sunshine State Conference and is distinguishable from any other university, team, conference or organization.
Who must be licensed?
• Any individual or company that wishes to receive the Sunshine State Conference’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 much does it cost to become licensed?
• The cost for a Standard License Agreement is:
1. $100 non-refundable application fee and
2. 10% royalty fee for Sunshine State Conference products
3. 12% royalty fee for products co-branded with Sunshine State Conference trademarks and trademarks of one or more of its member institutions.
• The cost for a Restricted License Agreement is:
1. $100 non-refundable application fee
Are any requests exempt from royalties?
• Generally, items are subject to royalties. However, each request is reviewed on a case-by-case basis.
What is the difference between the Standard License and the Restricted License?
• The Standard License is used by companies that desire to produce licensed products for resale.
• The Restricted License is used by companies that desire to only produce licensed products for internal consumption by the Sunshine State Conference. No products produced under this license agreement may be resold.
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 http://www.smaworks.com/
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 Sunshine State Conference believes there is a need to seek legal advice on the application. However, in most cases, an answer will be provided in 15 days or less.
What products can be licensed?
• The Sunshine State Conference will not license activity which it believes would disparage the Conference or any of its trademarks, or would be libelous, slanderous, scandalous, offensive, vulgar or constitute an unfair trade practice, or otherwise reflect negatively on the Conference. 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.
Does all artwork have to be submitted for approval?
• Yes. All art designs must be submitted and approved by the Sunshine State Conference prior to products being produced.
How long does it take for design requests to be reviewed?
• Typically, the review process is 2-5 business days.
Is it acceptable to alter a Sunshine State Conference Trademark?
• No. At no time may the Sunshine State Conference trademarks be altered. Altering a mark would damage its integrity and dilute the strength and value of Conference’s marks.
How are the Sunshine State Conference’s trademarks able to be used with other Trademarks (co-branding)?
• Any use of the Sunshine State Conference trademarks with other trademarks must be approved by the Conference.
If I am from one of the Conference’s member institutions, do I need to ask permission to use a trademark?
• Yes. Any use of the Sunshine State Conference trademarks must be approved by the Conference.
If the product is not going to be resold, does it have to be produced by a licensed vendor?
• Yes. All items bearing Sunshine State Conference trademarks must be produced by a licensed vendor whether they are for resale or not.
How can I obtain a list of licensees?
• A list of licensees can be obtained through Strategic Marketing Affiliates, the Sunshine State Conference office or the Licensed Conference Vendors page.
What does the Sunshine State Conference 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.