NIH POLICY MANUAL 1186 – USE OF NIH NAMES AND LOGOS
PLEASE NOTE:
A. Purpose: The purpose of this chapter is to provide policies and procedures concerning the review, approval, and use of the NIH names and logos in any material regardless of form, e.g., written, oral, electronic, etc. The policy applies to any use of the NIH names or logos. No use of the NIH names or logos should occur in the absence of compliance with the provisions of this manual chapter. B. Applicability and Scope: This chapter applies to the review, approval, and use of the NIH names and logos in any materials, including but not limited to, advertisements, press releases, advisories, conference and symposia materials (e.g., invitations, registrations, posters, agendas, audiovisual materials, handouts, publicity, participant lists, and websites); patient recruitment materials; printed educational and health information materials, and items related to or produced through agency partnerships. In addition this governs the use, review and approval of NIH names or logos by Extramural awardees; collaborative and/or cooperative research programs (e.g., CRADAs; Public-Private Partnerships, and MOUs); off-campus Intramural research projects (e.g.., hospitals, clinics, and centers); and other NIH-sponsored, co-sponsored or supported programs, activities, and events. The term support includes funding as well as in-kind support or joint participation. In addition, for purposes of this policy “NIH names and logos” includes the name and logos associated with NIH as a whole as well as any name or logo associated with an NIH entity or component, e.g., ICs, or any of their programs. C. Background: The Department of Health and Human Services (HHS) and NIH expect programs sponsored by component agencies, including the ICs, to be compatible with Departmental, NIH and IC objectives and policies. The purpose of these clearance processes and procedures —as well as those of the Department—are to control the use of the HHS and NIH names and logos not only to protect the institutions and their reputations but also to promote the public trust. Materials which misuse or misapply the NIH names and/or logos can create an endorsement or the appearance of endorsement of the material by NIH and/or one of its components or programs and lead to criticism of the agency, e.g., the appearance that NIH is endorsing a commercial product, and may even lead to harm to individuals, e.g., misuse of a the name or a logo in an ad for a health care product. The policies and procedures contained in this Manual Chapter extend to any materials intended for public dissemination and distribution Examples of materials include but are not limited to those for meetings, symposia, publication of research studies, recruitment efforts; collaborations and cooperative projects, websites, health educational programs and campaigns, media events, and training programs. This chapter applies to information disseminated in print form, on the Internet (e.g., World Wide Web), or through other media, including audiovisual and broadcast materials. D. Policy and Procedures: Oral, written, or electronic statements or other information that use NIH names or logos may cause individuals to believe that those materials reflect the official opinions, determinations, findings, or experience of the NIH, the U.S. Department of Health and Human Services, and the Federal Government. Use of a symbol, logo, seal, or name of HHS, NIH or any of its components or programs may constitute an endorsement and/or may be misleading. The granting of permission through advance clearance and review procedures are designed to distinguish between usages of the agency’s names and logos that may mislead, imply favoritism, or construe endorsement, and usages that are permissible and consistent with the mission of the agency. It is the general policy of NIH and the U.S. Department of Health and Human Services that any reference to NIH or any of its ICs or components, as well as use of Government names, symbols, logos, and other identifying marks, shall not be used for endorsement or implied endorsement of any non-NIH entity, product or service. Further, it is NIH policy that any use of the names, symbols, logos or identifying marks of NIH, its component Institutes and Centers, offices or programs must be reviewed and approved consistent with the provisions of this Manual Chapter. The NIH names and logos shall not be used to misrepresent the agency or to suggest that NIH endorses any private organization, product, or service. The NIH names and logos are for Government use only and not for the use of the private sector, including grantees, vendors, and contractors, regardless of whether the grantee, vendor, or contractor is a non-profit institution. E. Authority: Responsibility for protecting the HHS seals, name and logo falls under the Assistant Secretary for Public Affairs (ASPA). The HHS seals, name and logo shall only be used as expressly provided in guidance issued by the Office of the Assistant Secretary for Public Affairs (OASPA), unless an exception has been granted by OASPA. Requests for exceptions must show that the intended use of the name or logo is in the best interests of HHS. See, e.g., HHS General Administration Manual, Chapter I-20, “Use of Department and Principal Operating Component Seals,” http://www.hhs.gov/hhsmanuals/gam/chapters/1-20.pdf. The NIH Office of Communications and Public Liaison has responsibility for protecting the NIH names and logos. The NIH names and logos may only be used with the express permission of the NIH Office of Communications and Public Liaison. If use of an NIH name(s) or logo(s) is desired, a request must be submitted to the NIH Office of Communications and Public Liaison for review and approval before the NIH logo or name may be used on any material (see I, “Review and Approval Procedures for Use of NIH Names or Logos”). ICs may assume responsibility for protecting names and logos associated with them and their programs upon adoption of a central point of contact for review and approval of such use and policies and procedures for review and approval consistent with this Manual Chapter. In such instances, the NIH Office of Communications and Public Liaison retains responsibility for review and approval of the NIH name and logo as well as any reference to NIH, the National Institutes of Health, or any Office of Director component or program. If a conflict or problem is identified, NIH and IC program staff and leadership should consult with the HHS Office of the General Counsel at NIH for advice. F.(1) HHS and Principal Operating Component Seals: The HHS and component seals are the official identifiers of the U.S. Department of Health and Human Services and its components and are intended for use on Departmental documents. (See HHS General Administration Chapter 1-20, “Use of Department and Principal Operating Component Seals,” http://www.hhs.gov/hhsmanuals/gam/chapters/1-20.pdf.) (2) HHS and Principal Operating Component Names, Logos, Symbols: The HHS name, logo and Symbol, and those of the Department’s component agencies, are for the official use of the U.S. Government. Unauthorized used of the HHS name or logo is governed by 42 U.S.C. § 1320b-10, which prohibits their use unless authorized by the Office of the Assistant Secretary for Public Affairs. (The Office of Inspector General has the authority to impose civil monetary penalties for violations (42 CFR Part 1003)). G. (1) NIH Names or Logos (General Considerations): Use of NIH names or logos must be consistent with the mission of the agency and any use must be approved by OCPL consistent with the provisions of this Manual Chapter. (2) Examples of Activities Which Might Generate Requests for Use of NIH Names or Logos in Materials: Appropriate use of NIH names or logos is important. Any use of NIH names or logos on any materials regardless of whether produced by NIH or an outside entity for use in an NIH associated activity are subject to prior review and approval by OCPL consistent with the provisions of this Manual Chapter. Some partnerships/collaborations which are likely to produce materials—and which therefore require prior review and approval by OCPL—are mentioned below.
(3) Use of Non-Federal Names, Logos, Trademarks: Originators of jointly sponsored or collaborative activities resulting in materials using NIH names or logos may also wish to use non-Federal names, trademarks, symbols or logos to refer to sponsors, partners, etc. Such references may be viewed as endorsement or implied endorsement of the non-Federal entity. Their use on NIH materials is prohibited without review and approval by OCPL following a determination that use is consistent with the mission of the agency and necessary for inclusion. Use of a disclaimer should be considered unless it is clear to someone reading or hearing the material that no endorsement by NIH of the non-Federal entity is implied. Consideration may also need to be given to inclusion of a statement such as the following: “The views expressed in these materials [or by participants at the event, etc.] do not necessarily reflect the official policies of the U.S. Department of Health and Human Services, the NIH or its components; nor does the inclusion of trade names/logos/trademarks/or references to outside entities constitute or imply an endorsement by any Federal entity.”H. NIH Identity: Consistency and Standards in Branding: Due to the inconsistent proliferation of logos at all differing levels of the NIH, a practice which serves to dilute the identity and mission of the agency, effective November 1, 2008 the creation of any new logos below the IC or OD level at NIH must receive written, prior permission from OCPL in advance of planning, design, and development. Design of logos developed below the IC or OD level at NIH, including logos created for specific offices, divisions, and programs, will occur only under extraordinary circumstances and only with the express, written permission of OCPL in advance of planning, design, and development. If creation of an NIH logo for offices, divisions, programs, and other entities below the IC or OD level is desired, a request must be submitted to the NIH Office of Communications and Public Liaison for review and approval before planning, design, development can commence. (See I, “Review and Approval Procedures for Use of NIH Names or Logos.”) I. Review and Approval Procedures for Use of NIH Names or Logos or Inclusion of Non-federal Names, Logos, Trademarks on NIH Materials: Originators should ensure that items intended for an external audience have been reviewed and approved through NIH internal planning, review, and approval processes in advance of final production. Because individual ICs vary in structure, size, and mission, they have the flexibility to implement the review and approval requirements discussed herein in the most sensible manner for their organization, as long as they are consistent with the policies and procedures in this Manual Chapter.
J. Logos: Recommended Graphical Presentation:
U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
K. Records Retention and Disposal: All records (e-mail and non-e-mail) pertaining to this chapter must be retained and disposed of under the authority of the NIH Manual Chapter 1743, "Keeping and Destroying Records," Appendix 1, NIH Records Control Schedule, Section 1100 - General Administration, Item 1100-B-1, "Policy Files” and all other sections that apply. http://www1.od.nih.gov/oma/manualchapters/management/1743/
NIH e-mail messages: NIH e-mail messages (messages, including attachments, that
are created on the NIH computer systems or transmitted over the NIH networks)
that are evidence of the activities of the agency or have informational value
are considered Federal records. These records must be maintained in accordance
with current NIH Records Management guidelines. Contact your IC Records Officer
for additional information. E-mail messages must also be provided to the Congressional Oversight Committees, if requested, and are subject to the Freedom of Information Act requests. Since most e-mail systems have back-up files that are retained for significant periods of time, e-mail messages and attachments are likely to be retrievable from a back-up file after they have been deleted from an individual's computer. The back-up files are subject to the same requests as the original messages. L. Management Controls: The purpose of this Manual issuance is to ensure that information disseminated to the public by the NIH is of maximum quality, objectivity, utility, and integrity. This is achieved through review and approved through an internal NIH process outlined in this chapter.
M. References:
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