[Code of Federal Regulations]

[Title 15, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 15CFR995.28]



[Page 406-407]

 

                  TITLE 15--COMMERCE AND FOREIGN TRADE

 

CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 

                               OF COMMERCE

 

PART 995_CERTIFICATION REQUIREMENTS FOR DISTRIBUTORS OF NOAA HYDROGRAPHIC 

PRODUCTS--Table of Contents

 

   Subpart C_Requirements for Certified Distributors and Value Added 

                    Distributors of NOAA ENC Products

 

Sec. 995.28  Use of NOAA emblem.



    (a) Permission for the use of the NOAA emblem must be obtained by 

formally requesting such permission from NOAA and the Department of 

Commerce through NOAA's Office of Coast Survey.

    (b) Use of the NOAA emblem must satisfy an interest of the 

Department; the use may not result in embarrassment to the Department; 

there must be no conflict with any trademark rights, as stated in Sec. 

995.24(a)(4)(ii) and (b)(3)(ii); and there can be no endorsement or 

favoritism toward the distributor or value added distributor using the 

emblem, or other appearance of impropriety.

    (c) Certification under this part does not automatically grant the 

distributor or value added distributor the right to use the NOAA logo. 

Use of the NOAA logo without express permission from NOAA and the 

Department of Commerce will be considered grounds for denial of an 

application for certification or termination of certification.

    (d) Emblem use by certified distributors or certified value added 

distributors of NOAA electronic products. (1) After receiving separate, 

written permission from NOAA and the Department of Commerce as described 

in paragraph (a) of this section, a CED or CEVAD may use the NOAA emblem 

in product labeling and advertising materials, but only in conjunction 

with the phrase ``Certified NOAA ENC Distributor'' or ``Certified NOAA 

ENC Value Added Distributor,'' as applicable, and only after receiving 

separate, written permission from NOAA and the Department of Commerce as 

described in paragraph (d)(2) of this section.

    (2) If the NOAA emblem is used with products that include other 

data, clear indication must be provided to the customer indicating that 

the emblem and the phrase ``Certified NOAA ENC Distributor'' or 

``Certified NOAA ENC Value Added Distributor'' does not apply to the 

entire product delivered.



[[Page 407]]



Information on the effects of such limitation must be provided to the 

customer (See Sec. 995.24(a)(4) and (5) and (b)(3) and (4).)