Summary
There are two major ways someone can legally use Wyoming's Bucking Horse and Rider (BH&R) trademark, through a Business Use Agreement or a Product License.
A Business Use Agreement is for Wyomingites who wish to proudly display the BH&R trademark but do not make money from its use.
For example, in order to use Wyoming's BH&R in signage, an in-state company could exercise a Business Use Agreement. If an individual or company makes money from the use of the mark, then that individual or company must obtain a Product License.
Business Use Agreement
For approval to use the trademark in business signage, logos and advertising, Wyoming based businesses can exercise a Business Use Agreement. There is no cost for the agreement but it is intended for use only by Wyoming residents. Out-of-State businesses will generally not be allowed to use the trademark in business signage, logos and advertising.
Product License
If a manufacturer wishes to produce and sell products bearing the Bucking Horse and Rider (BH&R) trademark, then a Product License is required.
This license agreement requires the collection of royalties. The licensing of Wyoming's Bucking Horse and Rider is structured so that manufacturers do not incur any direct, out-of-pocket expenses to obtain and hold a license. However, these manufacturers are required to collect and submit a royalty, based on products sold. Since royalties are normally passed on to the final consumer, in the purchase price, the manufacturer generally does not incur any out-of-pocket expenses.
- There are no costs or fees to apply for and hold a product license.
- A licensing application must be completed and submitted.
- Sample product(s) must be submitted for approval.
- Proof of liability insurance must be submitted for select product categories.
- Licensees based within Wyoming: collect and submit, quarterly, a 7% royalty (based on wholesale value) on each product produced.
- Licensees based outside of Wyoming: collect and submit, quarterly, a 7.5% royalty (based on wholesale value) on each product produced.
- Special "limited term license agreements" are available for people and businesses that may find themselves in need of a license for short durations or infrequent use. The term of this type of license is very flexible, depending on need, but usually expires within three months to a year.