About the US
The term Insignia means the Official
Forest Service Insignia as shown here
Use of the Forest
Service Insignia shield
(36 CFR 264.2)
The Forest Service insignia is
reserved for the official use of the Forest Service. Such use will be primarily for identification
purposes. The Chief of the Forest Service (Chief) may authorize other uses of
the insignia as follows:
(a) Public Service use. The Chief may authorize the use of the
insignia for non-commercial educational purposes, without charge when such use
is essentially a public service and will contribute to public knowledge and
understanding of the Forest Service, its mission, and objectives. An example of this would be the use of the
insignia on a printed program for a dedication ceremony where the Forest
Service participates but is not the sponsor of the event.
(b) Commercial Use. Through the issuance of licenses, the Chief
may authorize commercial use of the insignia to (1) contribute to the public
recognition of the Forest Service, such as a likeness of the insignia on a toy
forest ranger's truck or (2) promote employee esprit de corps or pride in the
organization, such as a likeness of the insignia on belt buckles. Such use must be consistent with the status
of a national insignia.
Power to revoke
All authorities and licenses
granted shall be subject to cancellation by the Chief at any time the Chief
finds that the use involved is offensive to decency and good taste or injurious
to the image of the Forest Service. The
Chief may also revoke any license or authorization when there is a failure to
comply with the terms and conditions of the license or authorization.
Unauthorized use
Whoever manufactures, sells, or
possesses the insignia, except as provided under 36 CFR 264.2, is subject
to criminal penalty under 18 U.S.C. 701.
Use of “SMOKEY BEAR” Symbol
(36
CFR - PART 271)
The term Smokey Bear as used in the regulations means the character Smokey
Bear originated by the Forest Service of the United States Department of
Agriculture in cooperation with the Association of State Foresters and The
Advertising Council, or any facsimile thereof, or the name Smokey Bear, or
any name or designation sufficiently similar as to suggest the character Smokey
Bear.
(a) Public service use. The Chief may authorize the use of Smokey Bear for non-commercial educational purposes, without charge, when such use is essentially as a public service, and will, in his judgment, contribute to public information and education concerning the prevention of forest fires.
(b) Commercial license. The Chief may authorize the commercial manufacture, importation, reproduction, or use of Smokey Bear upon the following findings:
(1) That the use to which the article or published material involving Smokey Bear is to be put shall contribute to public information concerning the prevention of forest fires.
(2) That the proposed use is consistent with the status of Smokey Bear as the symbol of forest fire prevention and does not in any way detract from such status.
(3) That a use or royalty charge which is reasonably related to the commercial enterprise has been established.
(c) Such other conditions shall be included as the Chief deems necessary in particular cases.
Power to revoke
It is the intention of the regulations that the Chief, in exercising the authorities delegated here under, will at all times consider the primary purpose of fostering public information in the prevention of forest fires. All authorities and licenses granted under the regulations in this part shall be subject to abrogation by the Chief at any time he finds that the use involved is injurious to the purpose of forest fire prevention, is offensive to decency or good taste, or for similar reasons in addition to any other limitations and terms contained in the licenses.
Unauthorized use
Whoever, except as authorized
manufactures, reproduces or uses the character “Smoky Bear” or any facsimile
thereof, or the name “Smoky Bear” is subject to criminal penalty under 18 U.S.C.
711.
(36
CFR 272)
The term Woodsy Owl means the name and representation
of a fanciful owl, who wears slacks (forest green when colored), a belt (brown when
colored), and a Robin Hood style hat (forest green when colored) with a feather
(red when colored), and who furthers the slogan, Give a Hoot, Don’t Pollute,
originated by the Forest Service of the United States Department of
Agriculture, or a facsimile or simulation thereof, in such a manner as suggests
Woodsy Owl.
(a) Use of official campaign materials. Official materials produced for the Woodsy Owl campaign may be used without express approval from the Chief of the Forest Service where such use is solely for the purpose of increasing public knowledge about wise use of the environment and programs which foster maintenance and improvement of environmental quality.
(b) Public service use. The Chief of the Forest Service may authorize the use of Woodsy Owl for noncommercial educational purposes, without charge, when such use is essentially as a public service and will, in his judgment, contribute to public in formation and education concerning wise use of the environment and pro grams which foster maintenance and improvement of environmental quality.
(c) Commercial use. General. The Chief may authorize the Commercial manufacture, importation, reproduction, or use of Woodsy Owl upon the following findings:
(1) That the proposed use of Woodsy Owl will contribute to public knowledge about wise use of the environment and programs which foster maintenance and improvement of environmental quality.
(2) That the proposed use is consistent with the status of Woodsy Owl as a national symbol for a public service campaign to promote wise use of the environment and programs which foster maintenance and improvement of environmental quality.
(3) That a use charge, royalty charge, or payment in kind which is reasonably related to the commercial value has been established.
(4) That the applicant is well qualified to further the goals and purposes of the Woodsy Owl campaign.
(5) That, when an exclusive license is requested, no other qualified applicant can be found who will provide comparable campaign support under a non-exclusive license.
(6) That such other conditions as the Chief may deem necessary in each case have been established.
(d) Requirements for exclusive licenses. Exclusive licenses when granted shall conform to the following:
(1) A definite expiration date shall be specified based on the minimum time determined by the Chief to be needed by the licensee to introduce or popularize the item licensed and to recover the costs and expenses incurred in so doing.
(2) The Chief shall retain the independent right to use Woodsy Owl in any concurrent, noncommercial program, and to allow for the manufacture and sale of Woodsy Owl merchandise which, in his judgment, would not be in conflict with the licensed item.
(3) The licensee shall be required to have the licensed item available for sale, and promotion within a specified period, or show cause why this could not be done.
(4) The licensee shall be required to invest a specified minimum amount of money in the development, production, and promotion of the licensed item, as determined by the Chief to be necessary to insure that the licensee’s use of Woodsy Owl will result in a substantial contribution to public information concerning pollution abatement and environmental enhancement.
(5) The Chief shall retain the right to revoke any license for failure of the licensee to comply with all the terms and conditions of the license.
(6) The licensee shall be required to submit periodic progress reports to apprise the Forest Service of his activities and progress in achieving stated objectives.
(7) The license shall not be subject to transfer or assignment, except as approved in writing by the Chief.
(8) The licensee shall not be authorized to grant sublicenses in connection with the manufacture and sale of the item, except as approved in writing by the Chief.
Power to revoke
It is the intention of these regulations that the Chief, in exercising the authorities delegated hereunder, will at all times consider the primary purpose of carrying on a public service campaign to promote wise use of the environment and programs which foster maintenance and improvement of environmental quality. All authorities and licenses granted under these regulations shall be subject to abrogation by the Chief at any time he finds that the use involved is injurious to the purpose of the Woodsy Owl campaign, is offensive to decency or good taste, or for similar reasons, In addition to any other limitations and terms contained in the licenses and other authorities.
Unauthorized use
Whoever, except as authorized manufactures,
reproduces or uses the character “Woodsy Owl” or the name “Woodsy Owl”, or
the associated slogan, “Give a Hoot, Don’t Pollute” is subject to criminal
penalty under 18 U.S.C. 711a.