Approved Trademarks

A Trademark is simply “An indication of the source of the goods or services.”

However, the United States Patent and Trademark Office has established rules that must be followed to maintain and protect your trademarks.  If these rules are not followed, the trademark holder may lose their trademark registration, may not be allowed to renew the mark, or in extreme cases, may even break federal law.

The Keiser University® trademarks are among our most valuable assets. They are recognized globally and connect us with the hearts and minds of our students, future students, and alumni.  Thus, as a team, everyone needs to act with diligence in the use and protection of these trademarks.

The below represent Rules in the use of the Keiser University® Trademarks.

Used in Commerce “As a Trademark”

As per the United States Patent and Trademark Office, used in commerce, “As a Trademark” is defined as:

The bona fide use of a trademark in the trade of goods or services. The trademark must be either:

• On the goods, packaging, labels, tags, or displays where the goods are sold or transported in commerce, or
• Used to sell or advertise services rendered in commerce

For federal registration, your goods or services must be offered in more than one U.S. state or territory or in the U.S. and at least one other country.

 Uninterrupted Use in Commerce

We must use our trademarks in commerce “Uninterrupted.”

This means for every specific class of goods for which the mark is registered, the mark must remain “In Use in Commerce” without interruption.  Use in Commerce means the mark is correctly applied (per USPTO standards) to the respective goods or services of the registered class while offered for sale.  For clarity, not merely decoratively or merely “Used” but specifically used for the purpose of a “sale.”

For example, for the registered trademark “Keiser®” (Registration Number: R-3678618) in USPTO class 41 (Educational Services), we must work to ensure that the word “Keiser®” always (uninterrupted) and correctly (per USPTO Rules) appears in Keiser® sales, marketing, and advertising materials specifically offering the University services.

The Use is Unaltered and in its Registered Form

Our trademark MUST be used as it was submitted to USPTO, with the ONLY exception being if it were filed as a Standard Character Mark.

A STANDARD CHARACTER MARK means the word(s) can appear in ANY Font, ANY Size, or ANY Color.

For example,  “KEISER UNIVERSITY®” is a Standard Character Mark which can be displayed in ANY Font, ANY size, or ANY color, such as Pink for a woman’s breast cancer fundraiser example.

However, Trademark # 8 is a Design Mark.

This trademark cannot be altered in any way as it has claimed the color Blue and is a design mark.  It can only be used and displayed as is in the font and color and design as is registered and seen here. It cannot be changed in any way.

Keiser University® has numerous Trademarks registered with the United States Patent and Trademark Office (USPTO).  Using these Trademarks in a style consistent with USPTO rules and regulations is critical to Keiser University®. Misuse, alterations, improper use incorrectly, or failure to properly label a Trademark can result in the dilution of Keiser University’s registered Trademarks or even cause Keiser University® to lose its Trademark registration.

1. Classes of Goods for Registered Trademarks

USPTO grants Trademark registrations based on the “Class of Goods or Services.”  As a University, Keiser®’s primary registration class for its Trademarks is “Class 41 – “Educational Services.”  However, Keiser University® also holds numerous registrations in other classes of goods and services, including but not limited to Retail Services (such as the Trademarks registered for our 21 Keiser University® Bookstores, apparel (Class 25), book bags (Class 18), sports equipment (Class 28), and even some odd classes such as umbrellas and housewares (Class 21)).

2. Types of Registered Trademarks

Generally, there are two types of Registered Trademarks, Word Trademarks (more correctly, “Standard Character Trademarks”) and “Design Trademarks.

Keiser University® “Word Trademarks” – i.e., Standard Character Trademarks.

Keiser University® holds registered Trademarks for numerous “Standard Character Trademarks” in multiple classes of goods.  Standard Character Trademarks (SCM) are generally used in headlines and body copy. For example, suppose your webpage, ad, news article, social media announcement, or any other communication uses one of our SCMs in its headline or body text. In that case, the Trademark should be noted as follows:

For Headlines – for each first use of a Keiser University® Registered Trademark, label the Trademark with the ® logo at the end of the Trademark.  If you repeat the Trademark in the same headline or accompanying body text, you do not need to add the registration symbol ® to the repeated registered Trademark. However, if you use an alternate or other Trademarks in the same headline or accompanying body text, label that first use. As a rule of thumb, always label every first use of an SCM on every page, document, flyer, etc.

For Example

Keiser University® Announces New Courses

Keiser University® Announces New Courses at Keiser University Sarasota Campus.

Keiser University® Announces New Courses at The Keiser University Center for Culinary Arts®

For Body Text– for each first use of a Keiser University® Registered Trademark used in the body text, label the Trademark with the ® logo at the end of the Trademark used in the sentence. If you repeat the Trademark, you will not need to repeat the ® registered Trademark, as shown below.

For Example:

A lot going on at our different schools, so listen up. If you are attending a Keiser University® event this weekend, please ensure you have registered with the Keiser University® front office before attending. Next, Keiser Writes® is having the Keiser Writes® annual benefit combined with Keiser University Alumni Association®’s fundraiser. However, Keiser University Alumni Association® tickets are being sold separately. Keiser University eCampus Online® has announcements regarding their fundraiser, which will be made at tomorrow’s Keiser University College of Golf & Sports Management®’s Golf Tournament.  Additionally, we should all be out cheering on our Golf team at the Keiser University College of Golf & Sports Management Golf® Tournament. It is sure to be exciting!

3. Design Trademarks

A USPTO registered Design Trademark, such as:

Keiser University® Trademark #11 – Registration # R-4875411 (Class 41)

A USPTO registered design Trademark must be used exactly as it appears in its USPTO registration.  Subject to USPTO strict agency rules, the use of the Trademark must so exactly match the registration of the file with USPTO that even placing another ancillary design element “Close” to a registered Trademark may dilute, invalidate or preclude the Trademark for registration or renewal.

 

4. Color – Here, note that if the design Trademark is registered in B&W, that Trademark may be used in ANY color or combination of colors – however, with no other additional textures, sizing, or alterations. For example, while Trademark 16 must always appear precisely in Pantone Keiser University® dark blue 648C, Pantone Keiser University® light blue3005C, and Pantone Keiser University® Gray 420C, Alternatively, Trademark 15 may be used in any shade or color or KeiserKeiser University® Trademark #11 – Registration # R-4875411 (Class 41) combination of colors, or even embroidered, etched or embossed in metal or paper.

                                                                         

Trademark 16 -Registration #R-6225637 (Class 41)      Trademark 15- Registration #R-6225635  (Class 41)

 

5. Size vs. Scale – It is important to note that while the Trademark scale may be changed, the size must not be altered. In addition, while maintaining the integrity of the Trademark in size and scale, remember that if the Trademark gets too big or small, the registration symbol ® must remain legible. The ® can not appear as an unreadable dot, nor should it become substantially large. For the ®, the rule is easily readable.

Altering Trademark Designs – Never alter Trademark designs, and always be cognizant that your page layout does not place other design elements “too Close” to appear to change the design.  What is “Too Close?”

Using the Trademark, the way it is intended

The Trademark must be appropriately displayed when affixed to a product.  A Trademark may be displayed on the left breast area of apparel, on the tag or label to be recognized as a Trademark and not part of the design.  If the Trademark is placed too close to the design to be reasonably mistaken as part of the design, it will no longer be considered a Trademark but rather part of the design of the product. For example, if a design element is in the center of the T-shirt and the Trademark is centered just above the design in the center, there is no Trademark, only design elements. However, if the design element were in the center of the T-shirt and the Trademark was on the left breast away from the design element and clearly demonstrated the Trademark, all is good.  If a blanket has a design element in the center of the blanket and the Trademark is on one of the corners, all is right with the world.  Simply put, there must be a clear distinction between the Trademark and design element.

How to Determine if the Trademark is Registered in my Class of Goods?

Always refer to our Trademark data provided which contains a list of classes and their registration status and numbers. Please refer to the links below to check each Trademark.

Using ™ vs. Using ®

The ™ is the Trademark symbol and indicates a Trademark application is in process. ® is the Registration symbol and indicates a word, phrase, or logo is a registered Trademark for the product or service. Generally, the symbol ™ or ® appears on the right shoulder or the lower right corner of the Trademark; either is the correct usage.  All Keiser University® Trademarks have been registered.

Copyright ©

A Copyright © is a type of protection provided to “original works of authorship” that are “fixed in a tangible form.” Copyright protection is available to specific categories of works, including musical, literary, dramatic, choreographic, and audiovisual works. Copyright protection provides various exclusive rights to the copyright owner.  As such, it is a violation to use works not owned by Keiser University ® or that Keiser University® does not have recorded permission on file with our legal department.

For example, if your friend takes a photo at a football game, in order to use this photo, we must first obtain written permission from that friend to use the photo. Registration is not required; copyright is created when the work is created. Therefore, written permission from the creator and a copy of the photo must be submitted to the legal department for recording before use.  In addition, any music, videos, custom fonts, artwork, designs, sheet music, recordings of songs, or other media or print sources that do not belong to Keiser University® or that Keiser University® cannot show evidence of the right of use cannot be utilized on any website, social media, or other media or print sources associated with Keiser University®.

All Keiser University®’s websites and print materials should include the following copyright line: © (2006 or current year) Keiser University®. You may use either the copyright symbol © or spell out the word “copyright.”

Rollovers – explaining Trademark Name, Trademark Number, Trademark Description, Class,

72 DPI (Dots Per Inch) vs. 300 DPI – “Dots Per Inch” or DPI refers to the image’s resolution.  Generally, when using the Trademarks for web, digital or social media, 72 DPI is correct.  However, for materials that will be physically printed (Flyers, Hats, Shirts, etc.), use 300 DPI so that the image does not pixelate when transferred to the target medium.