Use of Trademarks and Service Marks
International Bylaws Article I:
"The titles 'Optimist,' 'Optimist International,' or 'Optimist Club,'
and the slogans, 'Friend of the Boy' and 'Friend of Youth' and The Optimist
Creed, and any emblem, seal, insignia, or other adopted or registered trademarks
or slogans of Optimist International shall not be used for purposes other than
those authorized by the Board of Directors."
Optimist International's name, emblem and slogans, and other insignia are registered
with or have a registration pending with the patent office of the United States
and Canada. Their purpose is to identify with Optimist International, an individual,
a club, a group of clubs, a piece of printed matter, an object, an article,
an activity, a program, or a service. Under the law, the Optimist International
Board of Directors must exercise complete authority over the use of the trademarks
in order to protect the registered rights and to prevent the name and emblem
from becoming public property.
Permission for use of the trademarks shall be granted only if the contemplated
use is appropriate to the ideals, aims and purposes of Optimist International.
Requests for the use of the Optimist name and/or logo other than as specifically
designated in a club name are to be approved by the International President
after adequate review and consultation with appropriate staff and/or the general
counsel. Requests determined by the International President to be out of the
ordinary shall be brought before the Board of Directors for approval. A written
report, for information only, indicating requests that have been approved by
the International President will be submitted by staff to the Board of Directors
at the next regularly scheduled meeting.
Clubs and districts need not seek permission to use the name emblem, or slogan
on printed matter produced for their own use if such meets the standards and
proper use, is not available from Optimist International and is individually
identified. This shall cover such items as bulletins, letterheads, envelopes,
announcements, checks, convention badges, advertisements, publications, programs,
tickets, posters, publicity notices, other items of similar nature, and on athletic
uniforms (O.I. logo only).
Clubs may not use the name, logo, emblem or slogan on any product or materials
related to fundraising. In accordance with Board Policy I-65, only Optimist
International may license fund raising products to carry the Optimist logo.
In passing upon applications for use of the name or emblem of Optimist International
on an object or article, certain standards indicating propriety of the proposed
use will be used as a guide by the International President. The name and emblem
shall only be used on an article or object that is in good taste; that is used
as part of a charitable program; that is artistically and accurately reproduced;
is used in a credible and proper manner; and which in its normal use will not
be mutilated or defaced.
Club requests for use of Optimist International's registered insignia shall
be sent to the Finance and Administration Department at the International Office
for processing. Requests shall include:
- nature of request
- a facsimile showing intended use of the name, emblem or slogan,
- method of distribution and whether or not the article is to be given away or sold.
Permission will not be granted if the article would be in competition with
any item supplied by Optimist International's licensed United States supply
vendor and our Canadian supply operation or listed in their official supply
catalogs.
If approval is granted the article must not be changed or altered from the
facsimile. If deemed necessary, the Optimist International Board of Directors
may, at any time, request submission of the actual article. Permission shall
not be deemed to be permanent and may be revoked by the Optimist International
Board of Directors upon 60-days notice. Violation of this policy shall result
in revocation without advance notice.
Articles coming under the Food and Drug Act must bear the name of either the
manufacturer or the distributor.
The manufacturer of the article must enter into a written agreement with Optimist
International, and among other things, shall agree that notice will be given
to the public that these trademarks are registered by affixing thereon one of
the following:
a. Registered in the U.S. (or Canada) Patent Office, or
b. Reg. U.S. (or appropriate country) Patent Office, or
c. ®
The name, emblem, slogans, or other insignia of Optimist International, or
of any of its clubs or districts, shall not be used by any club member as a
trademark or for advertising merchandise or business, nor shall any corporation,
foundation, group or organization organized by an Optimist club or clubs or
the members or representatives thereof, use the name, emblem, slogans or other
insignia of Optimist International in conjunction with or for the purpose of
carrying on any activity or project of any nature without written consent and
approval of the Optimist International President.
In passing upon outside group or organization applications for use of its registered
marks, the Optimist International Board of Directors and/or President shall
consider whether or not the Articles of Incorporation or Bylaws of such group
or organization reflect the philosophy of Optimist International and meet the
standards stated in Policy I-36 for Partners and Endorsed Programs.
The use of Optimist International logos and trademarks in Internet commerce
for sales and marketing of products or services by members and/or clubs shall
be prohibited.
Review of Use of Logos, Names, Etc.
Permission for use of the registered marks and emblems of Optimist International
shall be reviewed annually. Grantees shall be required to submit an annual report
affirming continuance of purpose and structure as stated when permission was
first granted. Renewal of permission is to be granted by the International President
after adequate review and consultation with appropriate staff. Requests determined
by the International President to be out of the ordinary shall be brought before
the Board of Directors for approval.
Clubs which do not respond to the initial inquiry concerning renewal of Board
permission to use the registered trademarks of Optimist International will be
sent a second letter via certified mail, return receipt requested. A notification
of cancellation of such permission will be sent via certified mail, return receipt
requested. All second notices and notices of cancellation shall include statements
that the registered marks of Optimist International may no longer be used and
that coverage provided by Optimist International Comprehensive Liability Insurance
is terminated.
(Mar 1963; Jun 1966; Feb 1975; Dec 1979; Jun 1987; Mar 1993; Jun 1995; Mar
1999; Dec 2005)