To establish criteria for the use of the Ohio State Highway Patrol (herein after referred to as OSHP) logo/emblem except those uses outlined in Ohio Revised Code, Ohio Administrative Code, and OSHP Rules & Regulations, policies, and procedures. To establish controls, specifically relating to the approval and licensing processes, and enact trademark/servicemark protection processes.
A. TRADEMARK REGISTRATION
1. The OSHP insignia/logo is a trademark/servicemark registered with the United States Patent and Trademark/Servicemark Office. The flying wheel symbol, when used in conjunction with any combination of the words "Ohio State Highway Patrol," is protected under U.S. trademark laws.
2. Definition - A trademark/servicemark is either a word, phrase, symbol or design, or combination of words, phrases, symbols or designs, which identifies and distinguishes the source of the goods or services of one party from those of others.
3. Re-registration
a. The term of a federal trademark/servicemark registration is 10 years, with 10-year renewal terms.
b. Between the fifth year (2005) and sixth year (2006) after the date of initial registration (February 2000), the OSHP must file an affidavit setting forth certain information to keep the registration alive.
B. USE OF OSHP LOGO / EMBLEM - Any use of the OSHP logo/emblem except those uses outlined in the Ohio Revised Code, Ohio Administrative Code, and OSHP Rules &Regulations, policies, and procedures must comply with the following:
1. Only OSHP licensed entities may utilize the OSHP logo/emblem. The registration symbol, ®, must appear in the lower right portion of the OSHP logo/emblem when used outside the uses authorized by the Ohio Revised Code, Ohio Administrative Code, and OSHP Rules & Regulations, policies, and procedures.
2. The Superintendent, upon review and recommendation of the Logo/Emblem Trademark/Servicemark Review Board (consisting of the Assistant Superintendent of Administration, the Office of Planning and Information Services Commander and the Information Services Commander may approve the licensing of entities which apply to utilize the OSHP logo/emblem as well as logo/emblem use requests (products, services, films, videos, etc.).
3. The OSHP Public Affairs Unit will compile, develop, coordinate, and forward all logo/emblem use requests (products, services, films, videos, etc.) to the Logo/Emblem Trademark/Servicemark Review Board. OSHP Logistic Services will coordinate related and resulting contracts, licenses and correspondence. This will include, in January of each year, re-application and license renewal by all OSHP logo/emblem licensees. The Public Affairs Unit is responsible for the initial trademark/servicemark renewal application between the fifth year (2005) and sixth year (2006) after the date of initial registration (February 2000), and also for all subsequent trademark/servicemark renewal applications.
4. The Office of Planning and Information Services will prepare correspondence from the Superintendent to all entities found to be using the OSHP emblem/logo without license. The Superintendent may, at his or her discretion, also enlist the participation of the Ohio Attorney General’s OSHP legal counsel in trademark/servicemark protection efforts.
5. A complete and current list of approved OSHP logo/emblem licensees and products will be maintained by the Office of Planning and Information Services. A monthly list of all current and pending licensees as well as pending actions against non-licensees will be distributed to all section, district and post commanders by the Office of Planning and Information Services.
6. The logo/emblem design and color scheme will adhere to those set forth in Addendum "A".
A. SALVAGED SHOULDER PATCHES
1. All salvaged shoulder patches will be stamped with the ® symbol in the lower right portion of the logo/emblem by Tailor Shop personnel.
2. The Tailor Shop shall maintain an inventory of salvaged shoulder patches and distribute the patches upon request to OSHP components.
B. TRADEMARK INFRINGEMENT
1. All OSHP personnel should remain cognizant of possible counterfeit or unlicensed uses of the OSHP logo/emblem.
2. Any suspected misuse should be reported through the proper chain of command as soon as possible to the Office of Planning and Information Services.
C. UNIFORM BADGE - The OSHP uniform badge has not been registered for trademark/servicemark protection. However, any uses are governed by Ohio Revised Code Section 5503.02.
Standard References
None