The “FDA” name, an initialism for the U.S. Food and Drug Administration, and corresponding logos are trademarks and service marks (hereinafter, “FDA Marks”) specifically for the official use of the U.S. Food and Drug Administration and not for use by the private sector or on private sector materials, unless specifically authorized, in writing, by the FDA. Unauthorized use of FDA Marks on private sector materials could send a message to the public that the FDA favors or endorses a private sector organization or the organization’s activities, products, services, and/or personnel (either overtly or tacitly), which the FDA does not and cannot do. Unauthorized use of the FDA Marks may violate federal law and subject those responsible to civil and/or criminal liability.
Use on Proposals or Consulting Deliverables
Contractors may not use the FDA Marks on proposals or consulting deliverables.
Publications and Digital Products Developed by Contractors
If a contractor deliverable is digital format, or other reproducible copy, for the express purpose of being a FDA publication or digital product (e.g., videos, website) for FDA distribution to the public, then, and only then, may the contractor affix an FDA Mark to said deliverable, under the direction and guidance of the FDA project officer. Such use must be in accordance with the FDA’s established Visual Identity Guidelines, any other trademark use guidelines, and/or license agreement.
Private Sector or Contractor Logos on Government Publications
FDA component agencies, offices, or programs may not use private sector or contractor logos or trademarks on U.S. Government publications or other Government communication products. Such use is prohibited. Whether or not the private sector organization is non-profit or commercial is not a factor.
Private sector logos and trademarks constitute institutional advertising. Using a private sector logo on a Government communication product (regardless of intent) may imply that the Government favors or endorses all that which the logo or trademark represents (see general information section for more information about the use rule).
When creating an authorized co-branding/partnership logo composite for a FDA publication, the FDA Mark must be the first name or logo to appear — right justified in a horizontal configuration.
The FDA Mark must not be used:
- By the private sector, including grantees, vendors, and contractors, in the name or logo of that private sector entity unless specifically authorized by the FDA in writing or in a mutually signed license agreement.
- By any third party, unless specifically authorized by the FDA in writing or in a mutually signed license agreement.
- In association or in connection with any third-party product or service.
- If use of an FDA Mark has been licensed to a private sector entity or any third party by the FDA, that use must be in strict compliance with the terms of the license agreement. And the FDA Mark cannot be the subject or component of any mark being sought for registration or being registered with the U.S. Patent and Trademark Office or any state trademark office.
- In combination with other elements to create a logo for an FDA office or program. All FDA offices and programs must use FDA Marks in strict compliance with the guidelines set forth in the Visual Identity Guidelines.
- To indicate or imply endorsement by the FDA.
- In combination with any third-party trademark or logo.
- To create any third-party trademark or logo.
- In a manner (commercially or otherwise) that violates trademark laws or any written trademark usage guidelines or breaches any license agreement with the FDA.
If you conduct business with or before the FDA, such as by representing or consulting applicants for FDA approval, and it is necessary to identify the FDA in communications with clients and third parties, the FDA must only be identified by either its full legal name (“Food & Drug Administration” or “Food and Drug Administration” with or without the “U.S.”) or its FDA initialism and only in ordinary text with the same size and font lettering as all other nonbranded wording in the communication.