NIB is the sole owner of the multiple registered and common law trademarks under the SKILCRAFT brand. Licensed NPAs are nonprofit agencies serving people who are blind that desire to manufacture, process, advertise, and sell SKILCRAFT-branded products and that would benefit from such use of the trademark. NIB will make the SKILCRAFT trademark available for licensing to associated NPAs in good standing with NIB board policy.

Licensing the use of the SKILCRAFT trademark does not constitute an assignment of the trademark or grant the licensee any right, title, or interest to the trademark, except the right to use it as set forth in the licensing agreement. All rights to the SKILCRAFT trademark, other than those specifically granted in the licensing agreement, are reserved to NIB for its own use and benefit. Licensed NPAs acknowledge that all use of the SKILCRAFT trademark, and related or confusingly similar corporate or trade name, trademark, or service mark, shall inure solely to NIB’s benefit. Licensed NPAs will not contest the validity of the SKILCRAFT trademark or NIB’s ownership of it. Upon termination of the licensing agreement, licensees will have no interest in or right to use the SKILCRAFT trademark in any manner or for any purpose.

NIB may, at any time with 30 days’ written notice to a licensed NPA, alter, supplement, or substitute another mark (trademark or service mark) for the SKILCRAFT trademark or add further names or marks, including marks for the configuration of the products. Licensed NPAs will conform all materials bearing the SKILCRAFT trademark that are in their possession or under their control to the new SKILCRAFT trademark within a reasonable time from the effective date of the change. With NIB’s prior written approval, licensed NPAs may use, sell, or otherwise dispose of any inventory of products, promotional material, and other material that bears the SKILCRAFT trademark in the prior licensed form.

The new SKILCRAFT license agreement will take effect on January 1, 2025. In crafting the new agreement, NIB sought more visibility into what products and services are using the SKILCRAFT trademark, as well as better insight as to how the brand is being used commercially, particularly with
e-commerce platforms. 

• Includes services in addition to products, reflecting NIB’s overall brand strategy.
• Strengthens contractual language, making it easier to enforce guidelines and reinforcing NIB’s commitment to the brand.
• Identifies additional requirements for licensed NPAs.

We will not be making any changes to the SKILCRAFT branding or logo at this time, so existing inventory should not be impacted. 

Subject to the terms and conditions of the license agreement, NIB will grant licensed NPAs the non-exclusive use of the SKILCRAFT trademark during the license term, in accordance with NIB brand guidelines, solely in connection with the manufacturing, packaging, processing, advertising, distributing, and selling of products and services approved by NIB and solely as detailed in the license agreement.

Licensed NPAs may use the SKILCRAFT trademark for the manufacturing, packaging, processing, advertising, distributing, and selling of products or services included on the Procurement List established and maintained by the United States AbilityOne Commission and sold through the AbilityOne Program.

On or before the license agreement effective date, and on October 1 of each subsequent year, licensed NPAs will submit to NIB a listing of all products and services on the Procurement List that have been previously approved by NIB for use with the SKILCRAFT trademark.

Licensed NPAs may not use the SKILCRAFT trademark in connection with the manufacturing, packaging, processing, advertising, distributing, or selling of any product or service on the Procurement List, including any co-branded items, without first obtaining NIB’s written approval. Failure to obtain NIB approval will constitute a material breach of the license agreement, entitling NIB to, among other things, terminate the license or otherwise restrict the NPA’s ability to use the SKILCRAFT trademark.

Licensed NPAs may also use the SKILCRAFT trademark in connection with the manufacturing, packaging, processing, advertising, distributing, and selling of (i) products or services on the Procurement List outside of the AbilityOne Program or (ii) products or services not on the Procurement List to the Federal Government or in other markets, collectively known as commercial use. 

On or before the effective date, licensed NPAS will submit to NIB a listing of all commercial use products and services for which it seeks approval to use the SKILCRAFT trademark. This list will also include commercial use products and services for which NIB has previously given approval under a prior license agreement. On October 1 of each subsequent year, licensed NPAs will submit a current listing of all products and services approved by NIB for commercial use of the SKILCRAFT trademark.

Before any commercial use, NIB must approve the requested products or services. Failure to obtain NIB approval will constitute a material breach of the license agreement, which will entitle NIB to, among other things, terminate the license agreement or otherwise restrict the NPA’s ability to use the SKILCRAFT trademark.

The following products are deemed to be excluded products and, therefore, may not be used with the SKILCRAFT trademark. NIB may supplement this list from time to time with written notice to licensed NPAs:

• Ladders (of any type)
• Food Products (Classes 29, 30, 31, and 32).
• Pharmaceutical (Class 5)
• Medical Products (Class 10)

Please note that the class numbers refer to goods in the International Schedule of Classes under the Trademark Act.

In addition to the agreement requirements, NIB has established and distributed brand guidelines to define the parameters of how the SKILCRAFT trademark can be used. NIB may update the brand guidelines, and licensed NPAs must conform all materials bearing the SKILCRAFT trademark to the new guidelines within a reasonable time from the effective date of the updated guidelines. NIB will share the current version of the brand guidelines with distributors and any third parties that the licensed NPA is duly authorized to engage for the distribution and manufacture of products under the license agreement.

Licensed NPAs may not use the SKILCRAFT trademark in a manner that suggests an affiliation with NIB other than that of a licensee. Licensed NPAs shall not refer to NIB’s status a designated central nonprofit agency for non-profit agencies for the blind in the AbilityOne Program or to the licensed NPA’s status as an NIB associated non-profit agency on any product, label, brochure or otherwise.

Licensed NPAs may not use the SKILCRAFT trademark in their own name or any business name. They may not create, maintain, or utilize any website address or Uniform Resource Locater (URL) using the SKILCRAFT trademark without NIB’s express written permission.

Licensed NPAs may not directly or indirectly license or assign, or attempt to license or assign, in writing or orally, any rights to any person or firm to use the SKILCRAFT trademark in any manner without NIB’s express written consent. Licensed NPAs shall recognize the right of other licensed NPAs to use the SKILCRAFT trademark and cooperate with NIB and such other licensees in promoting and protecting the SKILCRAFT brand.

Once NIB has approved a licensed NPAs use of the SKILCRAFT trademark on any product, service, packaging, advertising, marketing materials, or other item, licensees may not materially depart from that use without NIB’s express written approval.

NIB’s review included an evaluation of the financial outlook under the existing fee schedule, as well as significant research on and analysis of proposed revisions to certain fees. The broader U.S. economy has experienced higher-than-expected inflation the last two years, and this, in turn, has increased NIB’s operating costs.

Licensed NPAs will pay an annual flat fee of $750, or part thereof, for any year during which this license is in effect. The annual flat fee will be paid annually within 30 days of receiving an invoice from NIB. NIB will notify licensed NPAs in writing of any changes to the previous year’s annual flat fee 60 days before the start of the next annual term.

Licensed NPAs will pay an annual flat fee of $1000 in connection with commercial use pursuant to the terms of the Commercial Use Addendum.

Licensed NPAs must keep records for a minimum of five years showing the sales volume of products and services sold using the SKILCRAFT trademark, even if they pay NIB a flat fee. Regardless of whether they pay a royalty fee or flat fee, licensed NPAS must provide NIB with an annual written royalty statement by November 15, following the end of the previous annual term, whether or not any products or services were sold during that period. Within 10 calendar days of NIB’s written request, licensed NPAs must provide the necessary information, including books, records, and any other information NIB requires.