The National Oceanic and Atmospheric Administration, U.S. Department of Commerce ("NOAA" or "Licensor") has adopted and is using the official Year of the Ocean ("YOTO") logo ("logo"), and is in the process of registering the logo with the U.S. Patent and Trademark Office as a trademark and service mark; and

In consideration of the mutual agreements below, it is agreed that:

2. Duration and Termination: This Agreement shall terminate on December 31, 1998. However, this Agreement may be extended by mutual consent of the Parties for a reasonable amount of time thereafter in order for the Licensee to complete activities and/or to exhaust existing stocks of inventory bearing the logo.

3. Assignments and Sub-Licenses: This License is not assignable, and any attempt by the Licensee to assign any portion of the License or to grant a sub-license shall be deemed a breach of this Agreement and shall be cause for termination.

  4. Use of Mark:

(A) The Year of the Ocean logo is available for use by Federal agencies, non-profit or corporate organizations carrying out research, education and management work that relates to the general goals and objectives of YOTO which are as follows: outreach and education, research, assessing the condition of the marine environment, or leading sustainable management efforts.

(B) In order to prevent misuse of the YOTO logo, an application form must be completed and forwarded, together with any other relevant information, by mail, fax, or email to the contact below. The application is hereby incorporated by reference into this Trademark License Agreement.

(C) The use of the logo shall be done in such a way so that there does not exist any appearance of Government endorsement, authorization or affiliation of the Licensor with the Licensee.

General Guidelines for Reproduction

To ensure the correct and consistent display of the logo, it is important to use, wherever possible, the digitized image files that will be provided on diskette. If you do not have the resources to reproduce the logo from an image file, please state this on your application and an alternative will be provided. Working from photocopies, other printed materials, or scanned images should be avoided as this may result in poor quality reproduction.

The logo should be used in positive, not reverse, and outline versions must not be used. The logo must not be distorted - any scaling of image files must be performed equally on the entire image. There should always be sufficient contrast between the logo, and the background and the trademark (TM) symbol must always be included. If you are intending to print using a color other than black or blue, please submit details on your application.

When the logo has become registered with the U.S. Patent & Trademark Office, the Licensee in using the logo shall clearly indicate that it is Federally registered with the U.S. Patent & Trademark Office and that it is the property of the U.S. Department of Commerce. Such indication of registration shall be in the form of the "®" designation, including, where possible, the words "the 'Year of the Ocean' logo is a Federally registered trademark of the U.S. Department of Commerce."

Please complete the YOTO Logo Application Form and return it to:

Attn: Greg Hernandez

NOAA Public Affairs
14th Street and Constitution Avenue, NW
ROOM 6013
Washington DC 20231

Phone :(202)482-6090 Fax:(202)482-3154 Email: Gregory.Hernandez@noaa.gov

Phone:____________________________
Fax: _____________________________
E-mail:____________________________

Type of Organization_______________________________________________
(NGO, Commercial, Research Institute, etc.):

Proposed Use of Logo:_____________________________________________
(Explain each if more than one and indicate how you think it fits in with the objectives of YOTO - indicate whether an YOTO activity or an YOTO affiliated activity) ______________________________________________________________________________________________________________________________

Any other information______________________________________________________________________________________________________________________

Qty to be printed:__________________________________________________
For sale or free distribution: _________________________________________

If you plan to use the logo on items for sale, explain the use(s) and indicate how the profits will be used: ____________________________________________________________

Distribution by outlet:_______________________________________________
(schools, general public, etc.)

Please be sure to read the Guidelines for Use of the YOTO Logo before submitting your application.