W. Va. Code R. § 179-1-8 - Use of West Virginia Lottery Trademarks

Current through Register Vol. XXXIX, No. 11, March 18, 2022

8.1. Lottery sales agents and retailers may use, and display the Lottery Logo, trademark, and other advertising materials without charge to the user or compensation to the Commission for its use.
8.2. Any use of the Lottery Logo or other trademarked or copyright materials, other intellectual property, or copy in advertising or production of consumer articles requires a prior written request and execution of the Lottery's License Agreement.
8.3. An applicant for licensing shall submit a form provided by the Director. The form shall require information of sufficient quantity and detail to allow the determination of suitability for licensing of the applicant by the Director.
8.4. Any request for authorization properly submitted shall include a representative sample or samples of the materials for which authority is sought.
8.5. After review of the request and representative sample, the Director may issue a tentative authorization to proceed with production of proofs or samples of the merchandise.
8.6. The applicant may be required to submit the final proofs or samples representative of actual production items to the Director for his or her final approval before proceeding to produce the items for sale or distribution.
8.7. Upon receipt of notice of final approval, or upon execution of the License Agreement by both parties, if no final approval is required, the license may initiate production of goods or materials over the specified duration of the Licensing Agreement as set forth in this section.
8.8. The Director may, over the period of the License Agreement, exercise supervision over the quality of the materials produced under license, and may require as a condition to continuation of the license, changes in quality of the goods or material produced.
8.9. The Director and Commission may at any time terminate an agreement to license in the event that the licensee fails to meet the requirement of the agreement, or in the event that the continuation of the license is not considered to be in the best interest of the Lottery or of the State of West Virgin.

Notes

W. Va. Code R. § 179-1-8

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