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Federal Public Service

MINISTRY OF THE DEVELOPMENT, INDUSTRY AND FOREIGN TRADE


NATIONAL INSTITUTE OF METROLOGY, QUALITY AND TECHNOLOGY - INMETRO

Ordinance nr 274, 13 June 2014.

THE PRESIDENT OF THE NATIONAL INSTITUTE OF METROLOGY, QUALITY AND


TECHNOLOGY - INMETRO, EM EXERCÍCIO, assigned by the Ministers of the Development,
Industry and Foreign Trade by an Ordinance published in the Official Gazette on 17 July 2011 and in
compliance with Article 20 of Decree nr 6.275 of 28 November 2007, using his powers as granted in
Paragraph 3 of Article 4 of Law nr 5.966 of 11 December 1973 in subitems I and IV of Article 3 of
Law nr 9.933 of 20 December 1999 and in subitem V of Article 18 of the Regimental Structure of the
State Department, as approved by Decree nr 6.275/2007, having its reading changed by Decree nr
7.938 of 19 February 2013;

Whereas the International Vocabulary of Legal Metrology Terms, as adopted in Inmetro


Ordinance nr 163 of 6 September 2005, has decided to:

Article 1 Approve, for full compliance, the Regulation for Use of the Marks, Symbols, Seals,
and Labels of Inmetro.

Article 2 Revoke the provisions in Inmetro Ordinance nr 179 of 16 June 2009.

Article 3 Revoke the provisions of Inmetro Ordinance nr 34 of 19 February 1998.

Article 4 This Ordinance shall become effective on the date of its publication in the Official
Gazette.

OSCAR ACSELRAD
Federal Public Service

MINISTRY OF THE DEVELOPMENT, INDUSTRY AND FOREIGN TRADE


NATIONAL INSTITUTE OF METROLOGY, QUALITY AND TECHNOLOGY - INMETRO

REGULATION FOR USE OF THE INMETRO MARKS, SYMBOLS, SEALS AND


LABELS

Article 1 This Regulation contains the rules for use of the institutional mark, of the legal
metrology marks, of the accreditation body mark, the accreditation symbols used by accredited
conformity assessment bodies, the recognition symbols of the conformity to the Laboratory Good
Practices principles – BPL, the conformity identification seals, the scientific metrology, the associated
laboratory seal and Inmetro`s property labels, listed in website www.inmetro.gov.br/marcas.
I – This regulation is in accordance with the principles of Law nr 9.279 of 14 May 1996, and
other legal and administrative provisions applicable to the subject of ownership and Juridical Regime.
II – The marks filed and duly registered with the National Institute of Industrial Property – INPI
and its symbols and derivative seals are Inmetro’s properties, without prejudice to others, which
ownership it may.
III – These marks, symbols, seals and labels are of privative use of the public and private entities
members of the National System of Metrology, Normalization and Industrial Quality, as defined in
Article 1 and its Sole Paragraph of Law Nr. 5.966 of 11 December 1973.
IV – The catalog of which reference is made in this regulation, as published in website
www.inmetro.gov.br/marcas is limited to the visual identification of the marks, symbols, seals and
labels contained in Inmetro’s technical regulations, in compliance with the manuals and usage rules
described in the ordinances and in other administrative documents.

Inmetro institutional mark, purpose, responsibility, conditions of use and restrictions

Article 2 Inmetro’s institutional mark has as a purpose the identification of the National Institute
of Metrology, Quality and Technology.

I – The management of this mark is responsibility of the Divisão de Comunicação Social


(Dicom), which duty is to set up and instruct about the criteria for use;
II – It is responsibility of Inmetro and its Boards of Directors, as well as the Brazilian Network
of Legal Metrology and Quality - Inmetro (RBLMQ-I), to zeal for the correct use and prevent illicit
use by third parties;
III – The Inmetro mark consists of the name, symbol and typology. They cannot be applied
separately, with the exception in cases authorized by Dicom;
IV – The institutional mark is of exclusive use of Inmetro. It cannot be used by third parties,
without authorization;
V – The mark can only be used in Inmetro’s owned publications, such as:
a) publicities;
b) publications and official documents;
c) audiovisual materials and multimedia;
Federal Public Service

MINISTRY OF THE DEVELOPMENT, INDUSTRY AND FOREIGN TRADE


NATIONAL INSTITUTE OF METROLOGY, QUALITY AND TECHNOLOGY - INMETRO

d) customized materials;
e) events;
f) institutional relationship actions;
g) sponsorship and authorized institutional support;
h) journalistic writing;
i) own communication channels;
j) internal and external signalizing;
k) flags; and
l) functional identification.

VI – Inmetro’s mark and name shall not be used as a reference to conformity, quality or
certification of products and services.
a) exception for authorization for use of the name Inmetro by third parties is limited to merely
providing true information about the adequacy of products and services to the regulations and
programs set up by Inmetro, being mandatory to inform and correlate the scope of the
referenced regulation or program.

Legal metrology marks, purpose, responsibility, usage conditions and restrictions

Article 3 The legal metrology marks, entered in Inmetro’s catalog, has the purpose to identify the
instruments and services submitted to the metrological control of the Institute, according to current
technical regulation.
I – The management of these marks is responsibility of the Legal Metrology Management
(Dimel). Dimel is responsible for assuring the correct use and prevent from illicit use;
II – The following are legal metrology marks:
a) Model approval marks.
b) Verification marks;
c) Sealing marks;
d) Disapproval marks;
e) Authorization mark under metrological supervision
f) Repair mark.
III – The use of marks of the metrology marks is allowed by Dimel, for identification of the legal
metrological control service made and issued according to the field of activity:
a) by the Legal Metrology Management (Dimel).
b) by the bodies members of the Brazilian Network of Legal Metrology and Quality-Inmetro
(RBMLQ-I) for the activities that refer to delegation agreement;
c) by authorized companies under Inmetro’s metrological supervision.
IV - Instruments subject to legal metrological control may apply Inmetro’s institutional mark,
only in accordance with specific internal specifications of the Legal Metrology Management.
Federal Public Service

MINISTRY OF THE DEVELOPMENT, INDUSTRY AND FOREIGN TRADE


NATIONAL INSTITUTE OF METROLOGY, QUALITY AND TECHNOLOGY - INMETRO

V – The legal metrology marks can be used for publicity purposes by third parties only with
authorization from the Dimal.
a) In that case, the mark must only be applied with the item it refers to and for a determined
time as authorized in written by Dimel, by presentation of the material to be disclosed.
VI – The requirements established in this Ordinance extend to the use of legal metrology
documents in accordance with the specific internal rules, in compliance with the legal and
administrative provisions related to this Management.
VII – The use of the delegation mark is established based on agreements signed with the Rede
Brasileira de Metrologia Legal Qualidade–Inmetro bodies (RBMLQ-I).

Accreditation mark, accreditation symbols used by the accredited conformity bodies,


recognition symbols of conformity to the Laboratory Good Practices principles (BPL), purpose,
responsibility, usage conditions and restrictions

Article 4 The accreditation body mark, as informed in Inmetro’s website, aims at identifying the
accreditation activities of conformity assessment bodies and recognition of compliance to the
principles of Good Test Laboratory Facilities Practices (BPL).
I – Management of the mark and accreditation symbol is responsibility of the Coordenação Geral
de Acreditação (Cgcre), which is responsible for assuring the correct use and prevent illicit use;
II – The accreditation body mark is of exclusive use of the Cgcre, in its documents, declarations
of compliance to the principles of Good Laboratory Practices, and cannot be used by third parties;
Article 5 The accreditation symbols, as informed in Inmetro website, have the purpose to
visualize the status of accredited by the Organismo de Avaliação da Conformidade (OAC).
I – For recognition of the test facilities, the Cgcre may use the accreditation symbol as a form of
recognition of the status of compliance to the principles of Good Laboratory Practices (BPL).
II – The use of these symbols is granted by the Cgcre, by a complementary document, complied
with by the accredited conformity assessment bodies or test facilities with recognition of compliance to
the Laboratory Good Practices principles (BPL).
III – The forms of application of these marks and symbols are outlined in the Cgcre, available on
Inmetro website.

Compliance identification seals, purpose, responsibility, usage conditions and restrictions

Article 6 The conformity identification seals, as listed in Inmetro`s website and in the regulations
and documents of the Conformity Assessment Programs aim to identify the products, processes and
specifications in the technical norms and regulations.
Federal Public Service

MINISTRY OF THE DEVELOPMENT, INDUSTRY AND FOREIGN TRADE


NATIONAL INSTITUTE OF METROLOGY, QUALITY AND TECHNOLOGY - INMETRO

I – The seals make it possible to characterize the nature of the assessment (safety, health,
performance and environment), the assessment mechanism used (certification by third party and
supplier declaration) and the conformity assessment field (compulsory or voluntary).
II – The management of these seals is responsibility of the Conformity Assessment Management
(Dconf), which is being responsible for assuring the correct use and prevent illicit use.
III – The form of application and use of the seals must take into account the rules and procedures
set in this Regulation and in the documents of the Conformity Assessment Programs applicable in each
case.
IV – The authorization for use of the conformity identification seals is coordinated by the Dconf,
and can only be applied on products and/or packaging of the products with assessed conformity, which
conformity was assessed, either compulsorily or voluntarily, as a result of conformity assessment
programs as defined by Inmetro.
a) The products, processes and services that are not part of the scope of the Conformity
Assessment Program, assessed by the conformity assessment bodies accredited by the Cgcre, in a
voluntary way, must contain uniquely the body mark.
b) the use of the seal, in certificates or similar documents, is only permitted to conformity
assessment bodies accredited by Cgcre.
c) in assessing a conformity, when the mechanism Declaration of the Supplier is used, the
Inmetro Mark is applied, associated to the acronym RTB – Brazilian Technical Regulation, as per
Conmetro Resolution;
Article 7 The conformity identification seals can be used for publicity purposes of suppliers of
products, processes and services, certified or declared, only with authorization in writing from the
Dconf, through presentation of the material for disclosure and their valid conformity reports, in
compliance with the following rules:
a) the seal shall be applied uniquely to the item it refers to, making clear which products have
really had their compliance assessed;
b) authorization shall be given by material presented and;
c) validity of authorization will depend on the validity of the conformity report.

Scientific metrology seals, purpose, responsibility, usage conditions and restrictions

Article 8 The scientific metrology seals, as defined in Inmetro’s website, has the purpose of
identifying products and services of scientific and industrial metrology.
I – The management of these seals is in charge of the Scientific and Industrial Metrology
Management (Dimci), which must assure the correct use and prevent illicit use;
II – The scientific metrology seals are used by the Dimci in the reference material certificates,
test reports, analysis reports, flask labels and packaging, sealing and calibrated equipment.
Federal Public Service

MINISTRY OF THE DEVELOPMENT, INDUSTRY AND FOREIGN TRADE


NATIONAL INSTITUTE OF METROLOGY, QUALITY AND TECHNOLOGY - INMETRO

Associated laboratory seal


Article 9 The associated laboratory seal, as defined in Inmetro’s website, aims at identifying the
certifying bodies of the Laboratory Network Associated to Inmetro, according to Inmetro Ordinance nr
26 of 17 January 2014.

Sole paragraph. The management of this seal is responsibility of the Management Group of the
Laboratory Network Associated to Inmetro, which must assure the correct use and prevent illicit use;

General restrictions

Article 10. It is forbidden the use of marks, seals and symbols of Inmetro`s property:
a) for disclosure of companies and sets of items, inducing the consumer to error;
b) in case of loss of status of designated institution, loss of condition of product/service with
assessed or registered conformity, or in case of loss of status of accredited or recognized test
installation conformity assessment body, including cases of suspension and/or cancellation;
c) in measuring instruments and materialized measurements that do not have models approved,
except for the use of accreditation symbol on instruments calibrated by accredited
laboratories, as established in the Cgcre norms;
d) emails signed by third parties;
e) on walls, building exteriors or vehicles, with exception given to bodies belonging to the Rede
Brasileira de Metrologia Legal e Qualidade-Inmetro (RBMLQ-I), as defined in the visual
identity manual of RBMLQ-I, and accredited conformity assessment bodies, as defined in the
Cgcre regulations;
f) in the event of a situation that may give origin to a misinterpretation of an Inmetro`s activity,
inducing the consumer to error;
g) in any other form of non-authorized identification;

Obligations

Article 11. Obligations mean:


I - Inmetro's:
a) define, by means of ordinances, regulations and manuals, the marks, symbols and
identification seals to be used in each of its services;
b) formalize, by contracts, agreements or terms of commitment, authorization/license for use of
the marks, symbols and seals, disciplining, in the contract instruments, the prerogative of
suspension and/or cancellation of authorization/license in case of undue, abusive or illicit use
is found, without loss from processing the offenders as defined in this Regulation, according
to Article 5 of Law nr 9.933 of 20 December 1999, and further changes;
Federal Public Service

MINISTRY OF THE DEVELOPMENT, INDUSTRY AND FOREIGN TRADE


NATIONAL INSTITUTE OF METROLOGY, QUALITY AND TECHNOLOGY - INMETRO

c) ensure the prestige and credibility of its marks, symbols and seals;
d) stimulate applicable administrative or judicial actions, in cases of abusive, undue or non-
authorized use by third parties of its marks, symbols and seals;
e) develop with the participation of its Main Units through the Divisão de Comunicação Social -
Dicom, follow-up and evaluation programs, internally and externally, as to the compliance of
use of its marks, symbols and seals to the requirements of this Regulation and application
manuals, if any, as well as manage their disclosure strategies, in accordance with Inmetro`s
Internal Policy, as established in Article 9 of Ordinance nr 165 of 2 April 2013. The RBMLQ-
I structure can be used in this case;
II - Rede Brasileira de Metrologia Legal e Qualidade - Inmetro (RBMLQ-I) bodies, accredited,
authorized or licensed bodies:
a) include in third parties contracts the requirements specified in this Regulation;
b) make sure that no change is made to the specifications of the marks, symbols and seals of
Inmetro`s property;
c) comply with the rules and procedures in this Regulation, as well as those in the
complementary documents issued by Inmetro`s Main Units, in order to preserve the value and
credibility of its marks, symbols and seals.
III – Inmetro`s Social Communication Division:
a) critical analysis of Inmetro`s marks, symbols and seals;
b) update this Regulation every time a change occurs and provide support to Inmetro`s
Management and the bodies of the Rede Brasileira de Metrologia Legal and Qualidade
Inmetro (RBMLQ-I) in the elaboration of programs and other operational actions that make
use of Inmetro`s marks, symbols and seals;
c) research consumers and businessmen the credibility of Inmetro`s marks, symbols and seals;
d) forward to the Federal Attorney General case of undue, abusive and illicit use of Inmetro`s
marks, seals and symbols for applicable judicial measures;
e) interact with the RBMLQ-I agencies as to a definition of its marks in agreement with
Inmetro`s marks.

Penalties

Article 12. Infraction of any provision of this Regulation shall, in addition to suspension and/or
cancellation of authorization, license, accreditation and recognition, as defined in the contract
instrument, be reason for the installation of an administrative process and application of the penalties
predicted in Article 8 of Law nr. 9.933 of 20 December 1999, without putting in risk the applications
actions in civil and criminal areas and in conformity with Article 189 of Law nr. 9.279 of 14 May
1996.

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