[Code of Federal Regulations]
[Title 36, Volume 2]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR272.4]

[Page 335]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 272_USE OF ``WOODSY OWL'' SYMBOL--Table of Contents
 
Sec.  272.4  Commercial use.

    (a) 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 nonexclusive license.
    (6) That such other conditions as the Chief may deem necessary in 
each case have been established.
    (b) 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.

[37 FR 5700, Mar. 18, 1972, as amended at 40 FR 12641, Mar. 20, 1975]

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