Using Government Logos is ILLEGAL

Table Of Contents

Everyone is Doing It Defense
Ignorance as a Defense
Ghosting is Unpleasant
Simple Solution
Possible Exceptions to the Rule
Never Make Up Your Own Government Logos
Take Control, Market Your Business Legally
Sources:

By Kiyon Brandford, Senior Consultant, TargetGov and

Gloria Larkin, President, TargetGov

Did you know that using government agency logos on your website, in your capability statement or collateral materials, and on social media without permission is clearly against published federal government regulations? As stated in USA.gov, “… You also cannot use federal government trademarks or federal government agency logos without permission. For example, in general, you cannot use an agency logo or trademark on your social media page to suggest endorsement or sponsorship by the agency…”

Any professional marketing firm or department that recommends the use of these logos is either ignorant of these regulations or chooses to ignore them, both of which can put your business reputation and future federal business at risk.

Everyone is Doing It Defense

It is true that businesses of all sizes and types, from the top 10 federal contractors to small businesses seem to ignore or be ignorant of this regulation by publishing government agency logos in any way they want. However, we have heard directly from government representatives that whenever they see this misuse of agency logos, it definitely impacts their consideration of that company because if the company is willing to ignore or ignorant of this clear regulation, what else are they willing to ignore? The government decision-maker may not push for a specific legal remedy because of logo usage, but if it puts your company in a negative position in the eyes of federal decision-makers, why would a serious businessperson take that risk?

Ignorance as a Defense

When the government clearly states that one cannot use their logos without permission and that regulation is easy to find, even with a simple internet search, telling yourself that you will get a pass because you were not aware of this regulation actually hurts no one but yourself. It is not the job of government representatives to educate contractors on the legal nuances of government contracting and related marketing activities, it is the contractor’s job to make the effort to know and apply all legal marketing and contracting requirements.

Ghosting is Unpleasant

Are you experiencing being ignored by federal decision-makers? There may be many legitimate reasons why federal customers or prospective customers are not returning your calls and emails. However, if one of those reasons is under your total control, and by simply removing the government agency logos from your website, collateral materials, past performance, capability statements, etc., you can eliminate that self-created blockade, why not make the change to eliminate the prohibited government agency logo usage roadblock?

Simple Solution

While using government agency logos without permission is prohibited, one may still write out the agency name. i.e., Department of Homeland Security, instead of using the logo. Problem solved.

One may also reach out to the federal agency for permission to use their logo in marketing materials, but the chances of approval are slim to none as the implication of endorsing a specific company or product will then put that government employee at legal risk.

Possible Exceptions to the Rule

There are some published exceptions to this rule, and there may be situations where showing a specific logo may be approved. For instance, the SBA allows officially SBA-certified firms to use an approved logo in marketing materials. The GSA allows firms holding a GSA MAS contract to market that contract with the approved logo. If a company is the recipient of an acknowledgment of an accomplishment such as an exemplary Mentor-Protégé relationship, Contractor of the Year, or Large or Small Business of the Year award from a particular agency, asking for permission to publicize said award and the related photos, citations containing appropriate logos may be approved.

Never Make Up Your Own Government Logos

Some creative people will consider altering or creating a new federal logo or graphic image and try to get around the law, do not make this egregious mistake. Falsifying, forging, or altering official seals or logos is subject to penalties under 18 U.S.C. 506.

Take Control, Market Your Business Legally

Federal contracting is difficult enough as it is, why add hurdles by doing something that the government clearly prohibits? Take control and work within legal requirements to remove unnecessary hurdles to success. If your marketing department or company is unaware of this legal issue, share this article immediately and have them check this source as needed. Of course, the TargetGov federal marketing and business development experts are here to help in any way we can. Contact info@targetgov.com or call us at 866-579-1346 x 325.