Wyo. Code R. 002-0025-1
Effective Date: 03/08/2023 to Current
Rule Type: Current Rules & Regulations
Reference Number: 002.0025.1.03082023
Section 1. Authority. The Secretary of State has authority to promulgate rules regulating the licensing and use of the Bucking Horse and Rider under W.S. 8-3-117(a).
(a) “Commercial” means any person or entity creating merchandise for sale or distribution resulting in a retail exchange of goods.
(b) “Counterfeit” means unauthorized use and/or reproduction of the mark.
(c) “Derivative” means a modification of the Bucking Horse and Rider Trademark where elements are modified or changed and/or where an element of the design, either the bucking horse or the rider, is used alone or in conjunction with another design element.
(d) “Infringement” means the unauthorized use of the Bucking Horse and Rider on, or in connection with, goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.
(d) “Mark” means the Bucking Horse and Rider trademark as illustrated below, with or without the trademark symbol, as registered with the United States Patent and Trademark Office. The mark consists of two distinct design elements, the bucking horse and the rider.
(e) “Non-Commercial” means using the mark on signage, websites, letterhead, envelopes, business cards, social media or similar use that does not result in a retail exchange of goods. This type of use is also known as “organizational use.”
(f) “State of Wyoming” means Wyoming government including the executive, legislative and judicial branches of government, the University of Wyoming and any department, division, agency, board, commission or other instrumentalities of those branches.
(g) “Local Government” means any county or municipality located in the State of Wyoming.
(a) The mark is protected through licensing agreements for its use. Licensing agreements shall be in place for all use whether Organizational Use or Product Licensing Use as described below. Licensing information and forms may be obtained through https://gowyo.com/feature/Trademark.
(i) Organizational Licensing Use: Any active registered business entity or tradename with a physical presence in the State of Wyoming may, through an Organizational Use Licensing Agreement, use the mark in a non-commercial manner. Entities are permitted limited, non-exclusive access to the mark to show their connection with the State of Wyoming and its history and tradition.
(A) Use of this nature also, in some instances, means that the mark has been incorporated into a logo or design element. No entity subject to an organizational license shall file a state or federal trademark that incorporates the mark as a part of the design under Section 5(a)(i).
(B) If an entity subject to an organizational license purchases promotional products, signs, letterhead, etc. that displays the mark, for non-commercial use, it may do so as long as the products are obtained from vendors subject to a product license as described in paragraph (a)(ii) of this section.
(ii) Product Licensing Use: Any person or entity procuring or creating products may use the mark through a product licensing agreement.
(iii) The State of Wyoming and local governments may use the mark in a non-commercial, non-sponsorship manner without licensure. Any such use requires approval by the Secretary of State under W.S. 8-3-117(a).
(A) State of Wyoming and local government use shall comply with the Bucking Horse and Rider Standards Manual; the University of Wyoming shall comply with the UW Brand Standards Manual.
(B) All products obtained for this type of use shall be obtained from commercially licensed vendors.
(C) Commercial use of the mark by these entities requires licensure via a Product Licensing Use agreement and are subject to royalties. Failure to obtain a Product Licensing Use agreement shall subject the entity to Section 6, Enforcement Action.
(b) Licensing agreements are not transferable and are time limited.
(a) The use of the mark is prohibited in:
(i) Political campaigns;
(ii) Wording that implies or declares endorsement by the State of Wyoming; and/or (iii) Defamation of a person, entity, product, service or property.
(a) No person or entity may: (i) Register a trademark that includes the mark, in whole or in part, at either the State or Federal filing office per W.S. 40-1-102(a)(vi). (ii) Create a derivative mark that would cause dilution. Examples of a derivative mark include, but are not limited to: (A) A mark that contains solely the bucking horse or solely the rider; (B) A mark that consists of the identical BH&R plus the addition of any features; (C) A mark that contains a majority of the BH&R minus a small feature, i.e. the hat or bridle is not present; (D) A mark that contains a majority of the BH&R but the orientation or an element of the rider, the horse's mane or tail, or the horse's legs are different. (b) The exception to this provision is the licensing agreements that are in place prior to the effective date of these rules and which incorporate a derivative mark. Use of that derivative mark may continue in the manner in which it was originally approved until there is a lapse in the licensing agreement at which point the derivative mark shall not be approved for further use.
Section 6. Enforcement Action. Infringement on the mark is subject to all available legal remedies.
(a) The State of Wyoming, Secretary of State's Office has the sole authority to enter into sponsorship activities with the mark. (b) The exception is for those contracts/agreements that are in place as of the effective date of these rules. Those contracts/agreements shall remain in effect with no additional memorandum required. Any amendments or extensions of agreements will require a Memorandum of Understanding with the State of Wyoming, Secretary of State's Office.