University of Colorado Trademarks Tara Dressler – Associate Director for Trademarks and Patent Administration 1800 Grant Street, 7th Floor Denver, CO 80203 303-860-5683 Tara.Dressler@cu.edu

What is a Trademark A word, phrase, symbol, design, or a combination thereof that identifies goods

A trademark that identifies services What is a Service Mark A trademark that identifies services rather than goods

Other Intellectual Property Protections Copyright - an original or artistic literary work Patents - inventions Trade Secrets - any confidential business information which gives a company a competitive edge - the secret sauce.

CU Marks University of Colorado ® (add Denver, Boulder, Colorado Springs, Anschutz Medical Campus)

® Legal Protections Federal Registration Common Law Rights TM U.S. Patent and Trademark Office Public notice of your ownership Legal presumption of ownership Exclusive right to use the mark nationwide in connection with the goods or services Have “standing” to sue in federal court Deter unlicensed use ® Common Law Rights Actual use in commerce Public notice of local ownership – small geographic area No presumption of ownership Can only enforce in state court TM

Trademark Benefits Protects brand names and logos used on goods and services Distinguishes your goods and services Establishes goodwill associated with the marks Generates revenue

Advancement Trademarks Torchbearer – Tiered levels for giving CU Ignite – Crowdfunding platform Fund for CU – Giving fund Advancement and Foundation All TM’s as they are not registered

Federal Registration – Should I File? Recognition by the general public - nationwide Long term use of the mark Significant investment of resources to the project Strong attachment to the mark Block use by others

Additional Information Enforcement – If a company tolerates use of its trademarks by others, the company can lose its rights to the trademark altogether. Branding – The University of Colorado’s branding standards were established to bring consistency and coordination to its messages and visual images.

Steps for Protection Clear the mark with Branding through your campus Brand Manager Have a search performed and obtain opinion form outside counsel – Flat rate of $400 If all is well with steps 1 & 2 then the application is filed online – Filing fee of $275 If filed as an “intent to use” then additional step of Statement of Use – Filing fee of $100

Agreement Review Confirm that permission to use the marks has been properly obtained. Limits on use of the Interlocking CU and athletics marks in particular. Certain language that should be present in agreements that involve the use of the University’s marks and marks need to be properly identified. Send agreements to me and I am happy to insert the correct language.

How Can I Help? Assist in identifying marks that are in need of protection. Obtain Federal Registration of those marks. Maintain existing registrations. Assist in determining if registration is needed or if common law rights are enough. Assist with any enforcement of our marks and taking steps to stop infringement. Help assess the rights in our marks and avoid infringement of other’s marks. Assist with marketing and/or licensing of the marks. Review trademark language in agreements.

Questions?