Trade Mark Policy
A trademark is any name, symbol, figure, letter, word, or mark adopted and used by a manufacturer or merchant in order to designate his or her goods and to distinguish them from those manufactured or sold by others. A trademark is a proprietary term that is usually registered with the Patent and Trademark Office to assure its exclusive use by its owner. (Random House Webster’s Unabridged Dictionary, 1998). In the Philippines, the equivalent organization with which trademarks are registered is the Intellectual Property Office.
De La Salle University-Manila is a Catholic higher learning institution, established in 1911 by the Brothers of the Christian Schools, known in the Philippines as the De La Salle Brothers. It has earned a reputation as among the best private universities in the country, owing to the contributions of generations of administrators, faculty, students, and co-academic personnel.
General Policy Statement
The University owns and controls its names(s), tagline, logos, seals, signature, and other symbols (referred hereafter as marks or trademarks) which have association with the University and are representative of the institution. Examples of these trademarks are De La Salle University-Manila (name, logo, and signatures), DLSU, Green Archer, and “The future begins here.” These marks have been duly registered with the Intellectual Property Office.
DLSU-Manila seeks to protect the integrity of the name of the University, enhance its image through the use of its names and logo, and enjoy monetary benefits from merchandise bearing its name and logos.
The University reserves the right to prohibit the use and association of its name, symbols and logos to persons, groups, or activities whose values are not consistent with those of the University.
Policies
- Proper use of names. Under the Securities and Exchange Commission, the University is listed as De La Salle University, Inc. While this is the official name, the institution associates itself with the name De La Salle University-Manila, or DLSU-Manila. However, due to its corporate name, the institution can refer to itself as DLSU only.
- Association to persons and groups in and out of the University. As a general rule, any person previously or recently associated with the University, may tag his or her name to the University as a form of identity. However, it has to be clearly stated how the person is related to the University, specifying former and current conditions in relation to DLSU-Manila.For organizations or departments within the campus, they may associate their names and activities with the University provided that they are legitimate groups within the University recognized by duly authorized administrators.In cases that these groups or departments need to associate the University’s names with another organization’s in a collaborative activity for the external public, prior clearance has to be sought from the Office of the Chancellor.
- Non-commercialization. The University is a non-profit organization engaged in teaching and research. As a general rule, the University or any person carrying the name of the University, representing it, or clearly identifying oneself as affiliated with the University, cannot make an endorsement of any product. Without limiting its meaning but only to serve as examples, the following constitutes an endorsement:
- An explicit pronouncement (written or broadcasted) in public media to support a company and its identified products or activities
- An appearance in a document or a program circulated and run publicly or in public mass media which associates the University, or any person carrying the name of the University, representing it, or clearly identifying oneself as supportive of another company and its identified products or activities
However, given the nature of the institution of the University as a non-profit organization, corporate sponsors and donors are sought to support the activities and programs of the University. While this may appear to constitute an endorsement, this should be viewed as the University’s token of appreciation for the support given it. In such endeavors, the following guidelines apply:
- When the name and/or logo of a corporate partner should appear with the University name, symbols, or logos in any medium, the name of the University should appear in a prominent section, if not more prominent than the other company’s marks.
- To protect the name of corporate partners and to sustain mutual confidence between the University and the corporate partner, the University should enforce product lock out when necessary.
- Assessment of licensee donation. Due to its earned reputation as among the top private universities in the country, premium is attached to the name of the University which also translates to an economic value.Merchandisers given license to produce items bearing the name, logo, or symbols of the University should donate to the University an amount equivalent to eight percent of the net sale of the item. Merchandisers should also submit a report of its sales performance quarterly which will be the basis for computing the donation. Licensees will be issued the “Official DLSU-Manila” tags to associate the items with the University. Funds generated from this donation will be deposited in a fund to support, actually directly and exclusively, educational purposes only.Individuals or groups on campus who wish to sell commemorative items bearing the University’s names, symbols, and logos should first seek clearance from the Office of the Chancellor. Similar conditions apply.
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- Exemptions
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- A charge will not be imposed provided:
- A The University, as represented by the Office of the President or the Chancellor, will produce the items for selling
- The beneficiary of the sales of the items bearing the University name, symbols, and logo is charitable in nature
- The name, symbols, and logo printed on official university publications, institutional advertisements, and other publications warranted by the University to carry such trademarks.
- They are members of the DLSU System which are also entitled to use the name DLSU provided that proper attachments of their official names are made. Misuse of the name can lead to a trademark infringement.
- Clearances
- Prior production of merchandise, the following clearances are necessary:
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- Clearance to produce the item
- Clearance on design, item, and material to be used
- Clearances should be secured from the Office of the EVP. Such will be reviewed and evaluated by the MCO.
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- Products which are sold but which the University will not license
- Official University letterheads
- Official University business cards
- Institutional Christmas cards
- Prohibitions. Due to its Catholic character and beliefs as stated in the Mission-Vision, the name, symbols, and logos of the University cannot be attached and/or associated with the following:
- Alcoholic beverages
- Cigarettes
- Gambling activities
- Pornography
- Products that insinuate violence
- Sexually suggestive products
- Partisan political activities, political parties, candidates to political office
- Sanctions. Any violations by persons or groups within the University will be dealt with administratively based on the provisions of appropriate manuals.Violations or infringement of trademark will be charged with the appropriate complaint or legal action.
- Definitions
- Purpose
- Acceptable Use
- Policies and Guidelines
- Security
- Confidentiality
- Warning
- Responsibility of Users
- Account Expiration
- Remedial Actions
- Disclaimer
- Use of This Document
Definitions
System: The De La Salle University System network (DLSUnet) is a connection of networks of the member institutions of the De La Salle University System(referred here as System) and affiliated institutions.
Network member: A System member or affiliated institution connected to the DLSUnet is referred here as a network member.
The DLSU Information Technology Services Office (ITS) is responsible for the connection of the System members and affiliated institutions to DLSUnet and for DLSUnet to Internet.
System Administrator: A system administrator is a person or group who has system privileges and is responsible for the operation and security of one or more networked computing resources as determined by the network member.
User: A user is a person who is given exclusive access by the network member to an account on a computer system of the network member. When the phrase “your account” is used, this pertains to the account described above. The network member owns all accounts on its computer systems. A user should only use his/her account for the purposes which it has been issued.
Password: A password is an access code which must be a combination of letters and numbers. Each user is responsible for using a good password. A poor password is one that is found in the dictionary or one that is easily related to the user (e.g., name, nickname, birthday, address, favorite food, and the like). A user must not write his/her password on a sheet of paper, notebook, electronic organizer, and the like.
Purpose
The DLSUnet aims to contribute to the realization of the DLSU Mission-Vision Statement and for the access to Internet to contribute broadly to educational, research, and economic development in the Philippines.
Acceptable Use
This represents a guide to the acceptable use of DLSUnet. Any network member – in order to use the network or any other networks which are used as a result of their DLSUnet connection – must comply with this policy and the stated purposes and Acceptable Use Policies of any other networks or hosts used.Each network member is responsible for the activity of its users and for ensuring that its users are familiar with the DLSUnet Acceptable Use Policy or an equivalent policy. In addition, it is expected that each member will maintain and enforce its own Acceptable Use Policy. At a minimum, the System expects such policy will include:
- To respect the privacy of other users.
- For example, users shall not intentionally seek information on, obtain copies of, or modify files, other data, or passwords belonging to other users, or represent themselves as another user unless explicitly authorized to do so by that user.
- To respect the legal protection provided by copyright and license to programs and data.
- To respect the integrity of computing systems.
- For example, users shall not intentionally develop programs that harass other users; infiltrate a computer or computing system; send bogus aliases/messages via electronic mail, newsgroups, or any Internet service; and/or damage or alter the software components of a computer or computing system.
- Use by member institutions as a laboratory for research and experimentation in computer communications, where such use does not interfere with production usage. However, any experimental use requiring modification to router software or protocol layers below ISO layer 4 requires prior review by ITS.
Policies and Guidelines
The following policies and guidelines will be applied to determine whether or not a particular use of DLSUnet is appropriate:
- The intent of this policy is to make clear certain uses which are consistent with the purposes of DLSUnet, not to exhaustively enumerate all such possible uses.
- The System may at any time make determinations that particular uses are or are not consistent with the purposes of DLSUnet.
- Computing resource users are encouraged to practice cooperative computing.
For example:
- Regular deletion of unneeded files from one’s accounts on shared computing resources
- Refraining from overuse of connect time, information storage space, printing facilities, or processing capacity
- Refraining from overuse of interactive network utilities
- Refraining from use of sounds and visuals which might be disruptive to others
- Refraining from use of any computing resource in an irresponsible manner
- Refraining from unauthorized use of departmental or individual computing resources, such as a personal or departmental laser printer or modem.
- Malicious use is not acceptable. Use should be consistent with the ethical standards accepted by the University community. DLSUnet may not be used in ways that violate applicable laws or regulations. Use of DLSUnet and any attached network in a manner that precludes or significantly hampers its use by others is not allowed. Examples of unacceptable use include, but are not limited to, the following:
- Accessing or attempting to access the password of an account that does not belong to you
- Harassment of other users
- Libeling or slandering other users
- Destruction of or damage to equipment, software, or data belonging to the University or other users
- Disruption or unauthorized monitoring of electronic communications
- Unauthorized copying of copyright-protected material.
- Violation of computer system security
- Unauthorized use of computer accounts, access codes, or network identification numbers assigned to others
- Use of bogus aliases
- Use of DLSUnet and Internet services to send information repeatedly (e.g., posting an article in numerous newsgroups; sending electronic mail to several users and/or mailing lists)
- Use of DLSUnet and Internet services to send or attempt to send information forming a chain, pyramid, or similar scheme or artifice
- Use of computer communications facilities in ways that unnecessarily impeded the computing activities of others (such as randomly initiating interactive electronic communications or e-mail exchanges, overuse of interactive network utilities, and so forth)
- Academic dishonesty (plagiarism, cheating, et al)
- Violation of software license agreements
- Violation of another user’s privacy
- Connections which create routing patterns that are inconsistent with the effective and shared use of the network may not be established.
- Unsolicited advertising is not acceptable. Advertising is permitted on some mailing lists and news groups if the mailing list or news group explicitly allows advertising. Announcements of new products or services are acceptable.
- Faculty, staff, and students may use them only for purposes related to their studies, their responsibilities for providing instruction, the discharge of their duties as employees, their official business with the University, and other University-sanctioned activities. The use of University computing resources for commercial purposes is permitted only by special arrangement with the appropriate University official or as defined in existing University policies.
- Use of the network for recreational games is not acceptable when such use places a heavy load on scarce resources (e.g., dial-up phone lines).
Security
The System assumes that users are aware that electronic files are not necessarily secure. Users will be informed of methods available for protecting information on DLSUnet from loss, tampering, unauthorized search, or other access. Levels of obtainable security will vary depending on the computer system. Information on procedures appropriate to each resource will be available from the DLSU ITS.
Confidentiality
In general, the System will treat information stored on computers as confidential (whether or not that information is protected by the computer operating system). Requests for disclosure of information will be honored only under one of the following conditions:
- when approved by the DLSU-Manila Operations Council;
- when authorized by the owners of the information;
- when required by the Philippine law.
Except when inappropriate, computer users will receive prior notice of such disclosures. (Viewing of information in the course of normal system maintenance does not constitute disclosure.)
Warning
Users of electronic mail systems should be aware that electronic mail in its present form cannot be secured and is, therefore, extremely vulnerable to unauthorized access and modification. Users must take caution in sending information via DLSUnet and Internet.
Responsibility of Users
The user is responsible for correct and sufficient use of the tools available for maintaining the security of information stored on each computer system. The following precautions are strongly recommended:
- Computer accounts, passwords and other types of authorization that are assigned to individual users should not be shared with others.
- The user should assign an obscure account password and change it frequently.
- The user should understand the level of protection each computer system automatically applies to files and supplement it, if necessary, for sensitive information.
- The microcomputer user should be aware of computer viruses and other destructive computer programs, and take steps to avoid being a victim or unwitting distributor of these processes.
Ultimate responsibility for resolution of problems related to the invasion of the user’s privacy or loss of data rests with the user. However, a reasonable effort will be made to lessen the impact of such loss or damage.
Account Expiration
Access to the network, especially to the My.LaSalle (MLS) account, will be discontinued only if an old student, in both the undergraduate and graduate levels, does not pay within week 2 day 6 of the term. The student may reactivate the expired account online after payment.
Remedial Actions
When ITS learns of possible inappropriate use, ITS staff will notify the member responsible, which must take immediate remedial action and inform ITS of its action. In an emergency, in order to prevent further possible unauthorized activity, ITS may temporarily disconnect that member from DLSUnet. If this is deemed necessary by ITS staff, every effort will be made to inform the member prior to disconnection, and every effort will be made to re-establish the connection as soon as it is mutually deemed safe.Violators of this policy will be subject to the normal disciplinary procedures of the University and, in addition, the loss of computing privileges may result. Violations of the policies described above for legal and ethical use of DLSUnet will be dealt with in a serious and appropriate manner. Illegal acts involving DLSUnet may also be subject to prosecution by the proper authorities.Any determination of non-acceptable usage serious enough to require disconnection shall be promptly communicated to every representative of the DLSUnet member through an established means of publication.
Disclaimer
As part of the services available through DLSUnet, the System provides access to a large number of conferences, lists, bulletin boards, and information servers. Some of these may contain objectionable material.For those facilities for which the System has control, the policies described here apply.The System takes no responsibility for the content of those entities over which it has no control. Please be aware of the potentially offensive material found in those archives and use the system with the recognition that the System neither assumes responsibility for, nor endorses, any of the content found therein.
Use of This Document
This document may be used or copied without alteration for information dissemination. It may also be copied or modified to formulate an acceptable use policy for another institution