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FIFA Trademarks and the upcoming 2010 Event. (Perhaps that figure above should be replaced with 2XX0)

5 August 2008
Printers should be aware that the FIFA registered words, marks, logos or emblems may not be used together with another brand, company name, corporate identity, or other business endeavour unless their client is a FIFA partner, sponsor, national supporter, or is one of the elite Brand Licensees. Furthermore no normal licensee may associate his own brand with the registered words, logos, etc.

The FIFA guide mentioned below allows for a match schedule to be printed bearing the registered words as long as it is not associated with the name or brand of any non affiliated company or business endeavour.

PIFSA suggests that every printer downloads the following:

Gazette 30595 dated 14 December 2007 which lists the relevant words and gives pictorial representation of the emblems. See the Government Website http:\\www.gov.za. The document will be found in the Notice Section. .

The FIFA Public Information Sheet (a guide to FIFA’s Official Marks) referred to below can be obtained from http://www.fifa.com.
What governs the usage of FIFA logos and trademarks?
Who are the FIFA affiliates?
What are the organisational structures in place?
What directly associated business opportunities exist for companies in South Africa?
 
Categories of FIFA Partnership.
FIFA is dependent on economic partnerships with commercial affiliates to stage an event on the scale of a FIFA World Cup. These affiliates, along with the official suppliers, licensees and official broadcasters, are the only commercial entities permitted to claim any direct association with the tournament.

FIFA Sponsorship Programme 2007-2014
The FIFA Sponsorship Programme covers the period from 2007-2014, including the flagship FIFA World CupsTM in 2010 and 2014, and now classifies prospective marketing partners into three categories: FIFA Partner, FIFA World Cup Sponsor and National Supporter.
 
A FIFA Partner enjoys the highest level of association with FIFA. In short, this means they own rights to a broader range of FIFA activities - be they competitions, special events or development programmes - as well as exclusive marketing assets.
FIFA partners: Adidas, Coca Cola, Emirates, Hyundai, Sony, Visa

A FIFA World Cup Sponsor's rights are limited to the FIFA World CupTM on a global basis. They consist of the right to category exclusivity, brand association, select marketing assets and secondary media exposure.
FIFA World Cup Sponsors: Budweiser, McDonald's, MTN, Satyam

The National Supporter is a category of association which allows local companies to promote an association with the FIFA World CupTM within the host country. The rights include category exclusivity, association, local marketing programmes and domestic media exposure.
National Supporters: FNB, Telkom.
 
Licensing
Licensing is different to sponsorship. A licensee is not permitted to associate its own corporate brand with the FIFA licensed products it produces.
There are three core areas: Event Licensing, Brand Licensing and the FIFA Quality Concept.
Other possibilities within the licensing programme are E-commerce, Mail order, TV Shopping, Philatelic programme, Numismatic programme, Development of anticounterfeiting devices (Hologram stickers & Hang tags)
 
Event Licensing
The 2010 FIFA World CupTM Event Licensing Programme is being handled by FIFA's exclusive Licensing Representative, Global Brands Group.

Global Brands Group identifies, and negotiates with, suitable potential licensees. They are also monitor licensees' promotional and sales activities and approve the use of the Official Event Marks on Official Licensed Products.
Global Brands Group also acts as FIFA's sole and exclusive Retail Licensing
Representative for the 2010 FIFA World Cup’s Official Store worldwide operations.
These 2010 FIFA World Cup Official Stores sell the Official Licensed Products sourced through the appointed Licensees.
The contact details are as follows:

Global Brands Group (Pte) Ltd
1 HarbourFront Place
#09-05/06 HarbourFront Tower One
Singapore 098633
Singapore
mark.matheny@globalbrandsgroup.com
Tel: +6566228149
Source: http://www.fifa.com/aboutfifa/marketingtv/marketing/licensing/events.html

Brand Licensing
The strategy behind the FIFA Brand, is to create a portfolio of selected product categories, which appeal to football fans.
The FIFA Brand Licensing Programme allows the use of the FIFA brand marks for products manufactured by an elite group of companies.
Those currently featured for the 2010 event are adidas, manufacturers of football equipment, Electronic Arts, designers of electronic games, and Nikkei, the Official Media Supporter in Japan.
Each has a licence to use the FIFA Brand Marks in the advertising, marketing, promotion and sale of its licensed products or programmes, which in turn contribute to FIFA brand awareness and to the globalisation of the game of football.
Companies can acquire a product license from FIFA to produce Official Merchandise products and specific terms exist on how and what marks can be used on official merchandise products.
 
Legislation
FIFA covers its obligations to partners and protects its intellectual property via the following legislation.

Merchandise Marks Act 171941 and related Notices
Notice 683, GG 28877, 25/5/2008


In terms of section 15A of the act the 2010 FIFA World Cup has been designated as a
protected event. This section covers the abuse of trade marks in relation to an event. (It is interesting to note that the Minister may not designate an event as a protected event unless the event is “in the public interest and the Minister is satisfied that the organisers have created sufficient opportunities for small businesses and in particular those of the previously disadvantaged communities.”) [S. 15A inserted by S 2 of Act 61 of 2002]
The use of a trade mark includes-
 

(a) any visual representation of the trade mark upon or in relation to goods or in relation to the rendering of services;
(b) any audible reproduction of the trade mark in relation to goods or the rendering of services; or
(c) the use of the trade mark in promotional activities, which in any way, directly or indirectly, is intended to be brought into association with or to allude to an event.

Notice 1791, GG 30595, 14 December 2007
FIFA has registered various words, letters, emblems, devices and numerals, including the official emblem as trade marks, registered designs and various marks, prohibiting usage by any party other than those officially involved with the World Cup.
The prohibition does not apply to the media, provided reportage is fair and not connected with other business enterprising.

The words registered include the following:
• 2010 FIFA World Cup South Africa
• World Cup 2010
• RSA 2010
• Football World Cup
• FIFA World Cup
• South Africa 2010
• SA 2010
• 2010 FIFA World Cup
• Africa 2010
• Soccer World Cup
The prohibition only applies to activities connected to 2010 FIFA World Cup South Africa in the area of Football or Soccer 2010 FIFA World Cup.

The FIFA Public Information Sheet (a guide to FIFA’s Official Marks) gives useful examples of when you can safely use FIFA’s marks in different applications. The booklet can be downloaded from the FIFA Website, and is also available from the local organising committees marketing department, at marketing@2010saloc.com.

Special Measures Act 11/2006 Gov Gazette 29128 dated 7 September 2006
This act provides special protection against ambush marketing.
The Second 2010 FIFA World Cup South Africa Special Measures Act 12/2006 (Gov Gazette 29129 dated 7 September 2006) deals with accreditation of foreign medical contingents and approval of medicines, scheduled substances , medical devices and other matters.
 
Organising Structures in place.
In South Africa, various structures work closely together to deliver the World Cup and their roles are determined primarily by the contractual agreements signed with FIFA.

The 2010 FIFA World Cup Organising Committee is a non-profit company incorporated under section 21 of the Companies Act. It is the body ultimately responsible for organising the World Cup tournament. It brings together South African football administrators, the Government and representatives of business and labour on its board.

National government is responsible for the delivery of the 17 guarantees given to FIFA. National government also plays a key role in terms of technical and financial support to the host cities. The 17 guarantees provided by various government departments cover access to South Africa, a supportive financial environment, intellectual property and marketing rights, safety and security, healthcare services, transport and telecommunications.
National government’s responsibilities are managed through the:

 
• 2010 Inter-Ministerial Committee
• Technical Co-ordinating Committee
• 2010 Project Management Unit within Sports and Recreation South Africa (SRSA).
Host cities are responsible for fulfilling the obligations contained in the host city agreements signed with FIFA, with support from national and provincial government. The host city agreements include aspects such as stadiums and official training grounds, supporting infrastructure, official fan parks, city beautification and compliance with FIFA marketing guidelines within the cities. The Host Cities Forum (HCF) brings together host cities, national government and the Organising Committee in managing the host cities’ preparations.

Economic Opportunities
According to the SA2010 website government believes that bigger businesses should have no difficulty taking advantage of 2010 opportunities and therefore the only government intervention required is to facilitate ways in which established business can support the development of smaller businesses.
Major intervention will be made on behalf of the informal retailing sector, for example access to retail technologies to support electronic transactions.

Government procurement
Government procurement related to the 2010 event will be undertaken within existing policies and practices that further the aims of BBBEE and help to develop SMMEs.

LOC procurement
The dti negotiated that 30% of LOC procurement should be directed toward SMMEs.
According to the SA2010 website (http://www.sa2010.gov.za) seventy percent of the procurement allocated to BEE companies and small businesses must be allocated to smaller black enterprises, especially co-operatives with a large number of female members, and small businesses of which women are key stakeholders. To this end, a project team comprising the dti, 2010 Government Unit and the LOC was established to explore 2010 business opportunities. Consultations are underway with stakeholders to implement Business Opportunities workshops in Host Cities, and road shows will commence in 2008.

At the Business Opportunities Conference held in June 2007 the following issues and challenges were raised with regard to SMME participation:
  • Access to information in respect of the format, nature and geographic location of
    information or information hubs;
  • Procurement policies and procedures within the SMME and sub-contracting
    environment;
  • The “mapping” of sector-specific opportunities;
  • The need for networking, joint venture or subcontracting opportunities with
    established business and contracted service providers in respect of the 2010 FIFA
    World Cup™ (considering the 30% allocation to SMMEs);
  • The provision of procurement criteria;
  • The accessibility of economic assistance, support, grants, funding or financing for
    SMMEs; and
  • Dissemination of information pertaining to FIFA intellectual property rights, and how these apply to SMMEs.
In light of the issues raised, the process will be extended, expanded and strengthened by business, government and communities coming together at local conferences in various Host Cities culminating in the tournament in 2010. At these preparatory events, businessopportunities will be comprehensively detailed, and meaningful programmes linked to skills development, capacitation and business readiness will be devised.

A “tax bubble” has been formed under the Revenue Laws Amendment Act 20 of 2006 around FIFA-designated sites so that profits on consumable and semi-durable goods sold within these areas will not be subject to income tax; neither will value-added tax (VAT) be applied. Ticket sales however will be subject to VAT.

Growth sectors
The sectors identified to receive the highest benefits from the event include:
 
  • Construction;
  • Tourism, hospitality and catering services;
  • Transport;
  • Security;
  • ICT;
  • Manufacturing – retail and wholesale; and
  • Health.
  • Tourism
However other opportunities may exist to:
  • run generic football promotions,
  • engage with Sponsors in co-promotions
  • buy a license and produce FIFA World Cup products or
  • act as service provider for the biggest event in the world.
Accommodation (an aside)
According to FIFA’s agent, MATCH, the accommodation strategy has to ensure that 55 000 rooms are contracted for the 2010 FIFA World Cup™. The Department of Environmental Affairs and Tourism (DEAT) has provided an amount of R200 million to assist with the grading of small, medium and micro enterprise (SMME) accommodation. The accommodation process will support the legacy project by contracting SMMEs in addition to conventional hotel accommodation.

 


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