**[USE OF LO]{.underline}[GO PERMISSION]{.underline} **\
**(December 2003)**

The following sample memorandum may be used for obtaining clearance for
an outside organization to use of the Department's seal, emblem,
insignia or logo.

**NOTE**: Use of the Department's emblems or logos is subject to legal
review and clearance in accordance with your office's policies and
procedures. For advice on emblem or logo use contact the General Law
Division, Office of the Assistant General Counsel for Administration, at
(202) 482-5391.

\[date\]

MEMORANDUM FOR: \[name of agency head\]

\[title\]

\[name of agency\]

Barbara Fredericks

Assistant General Counsel

for Administration

\[name\]

Chief Counsel for Technology

FROM: \[name and title of agency contact/advocate for outside use\]

SUBJECT: Request for Permission to Use Official \[name of agency\]
Emblem

This is a request for permission by an outside organization, namely
\[name of outside entity\] to use the \[name of agency\] emblem.
\[provide one or two paragraphs on nature of outside organization and
their proposed use of agency emblem\]

**[Generally]{.underline}**

The use of an official seal, emblem, insignia or logo by an outside
organization is governed by Department Administrative Order 201-1.
Specifically, Section 5.04 of the DAO states that:

.04 Permission to use Department seals, emblems, insignia, and logos may
not be granted to outside organizations without the written approval of
the head of the operating unit that originated and is authorized to use
the seal, emblem, insignia, or logo, and the concurrence of the
Assistant General Counsel for Administration (AGC/Admin), who will
review the request for any possible appearance of endorsement, conflict
of interest, and related issues, and the Office of Chief Counsel for
Technology (OCC/T) who will review the request to ensure the
Department\'s trademark interests are being protected. Use of the
Department seal is governed by the provisions in Section 5 of DAO
201-17.

a\. Requests to use a Department seal, emblem, insignia, or logo
(symbol) shall meet the following criteria:

1\. use of the symbol by the outside party must satisfy some interest of
the Department;

2\. the use may not result in embarrassment to the Department;

3\. there must be no conflict with trademark rights; and

4\. there can be no endorsement of or favoritism toward the entity using
the symbol or other appearance of impropriety.

b\. To support the need for complete and considered review, all requests
to use Department seals, emblems, insignia and logos shall include the
following information:

1\. a specific description of how the Department seal, emblem, insignia,
or logo (symbol) will be used, including the location of the symbol, the
size and proximity of the symbol to the seal, logo, emblem, or banner of
other organizations, agencies, businesses or corporations. When
available, the request shall be accompanied by a draft document which
clearly demonstrates where the Departmental symbol will be placed. This
draft shall be representative of the final product that will bear the
Departmental symbol;

2\. a specific description of the Departmental interest(s) that will be
satisfied, supported, or fulfilled through the requested use of the
symbol;

3\. a description of the Department\'s relationship, if any, to the
requesting party; and

4\. a brief statement explaining why the use of the symbol in the given
circumstance would not result in embarrassment to or a perception of
favoritism or endorsement by the Department.

**[Determinations]{.underline}**

Attached is a mockup showing how the emblem will be used by \[name of
outside organization\]. We have reviewed this proposed use in light of
the provisions of the DAO and have made the following determinations:

**In Satisfaction of Agency Mission**

We have determined that the proposed outside use of the emblem furthers
the agency's mission because\...\...

**No Embarrassment to Department**

We have determined that the proposed outside use of the emblem is not
likely to cause embarrassment to the Department because\...\...

**No Conflict With Trademark Rights**

We have determined that there are no trademark related issues, such as
trademark infringement or dilution, relevant to this outside use of the
emblem, since the emblem is not being used in a way that would suggest
that it was the property of the outside organization, nor is it being
used in any other way that would cause harm to the agency's trademark
rights in the emblem. To this end, we have reviewed and approved of
\[name of outside organization\]'s proposed use, shown in the mockup,
and will request that the outside organization use the following notice
in conjunction with their use of the emblem:

The \[name of agency ® or \] emblem is a \[registered?\] trademark of
the \[name of agency\], used with permission. \[to determine if the
emblem is a registered trademark, and whether or not to use the ® or ,
consult with trademark counsel Phil Greene, x1984\] \[for example, it
might read as follows: "The NOAA ® emblem is a registered trademark of
the National Oceanic and Atmospheric Administration, used with
permission."\]

**No Endorsement or Favoritism Issues**

Further, there do not appear to be any appearance of endorsement or
favoritism issues with respect to this proposed use, nor does there
appear to be any other appearance of impropriety, because\...

**[Recommendation]{.underline}**

Accordingly, permission is sought under the DAO to enable \[name of
outside organization\] to use the \[name of agency\] emblem as it has
proposed. If you approve, please sign below where appropriate. Please be
assured that this permission does not extend beyond this individual use.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\[name of agency head or designee\] Date

\[title\]

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Barbara Fredericks Date

Assistant General Counsel for Administration

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\[name\] Date

Chief Counsel for Technology