New FSC trademark standard
FSC has published a new standard for using the FSC trademarks, FSC-STD-50-001 (V1-0) Requirements for the use of the FSC trademarks by Certificate Holders.
Certificate holders can choose switch to follow the new standard as soon as it comes into force on the 1st of March and, and need to be in compliance at the latest by the 31st of December this year.
Key changes
On-product and off-product requirements as well as graphic rules are now integrated into a single standard - a nice development compared to the current rules that are spread over three separate key documents. The new trademark standard is also nicely designed with graphic illustrations of most key points.
The most significant change is the introduction of new trademark protection symbols and new label and logo designs that include trademark license codes instead of certificate registration numbers.
New protected trademark symbols
Under the new requirements, the copyright symbol is replaced by the registered trademark symbol ® or the symbol TM (TM in superscript).
As before, the symbol is an integrated part of the FSC logo, but with the new rules there will thus be two versions of the logo. The symbols also need to be inserted after the trademarks "FSC" or the "Forest Stewardship Council" the first time these trademarks are used in any material. The specific choice of symbol depends on the country destination of labeled products or promotional materials.
The introduction of two different symbols that are country-specific adds some complexity for trademark users; however, according to FSC this is necessary in order to achieve the maximum legal protection of the FSC trademarks.
New label designs
As before, the new rules operate with three main types of on-product label: FSC-100%, FSC-MIX (term replacing Mixed Sources) and FSC Recycled.
However, the current three different Mixed Sources labels have been replaced by just one label, with the standard label title MIX and the standard claim "from responsible sources". The claim refers to any mixture of FSC-Pure, FSC-Controlled Wood, and recycled material that is eligible for labeling under the FSC chain of custody rules.
In addition, the new labels include the option to mention the product type such as "paper". This is a requirement when there is a risk of confusion with non-certified material included in the product or package.
FSC also introduces a standard label design for off-product use of the FSC logo, the so-called 'promotional panel'. The design of the off-product panel is visually similar to the on-product label and includes the same four color variations: Green-on-white, white-on-green, black-on-white, white-on-black.
Another new feature is the introduction of pre-designed mini-labels for situations of space constraint.
Use of trademark license codes
Certificate holders are required to use the trademark license code that will be issued to them once they have signed the new trademark license agreement. Certificate holders must sign the agreement before the end of this year in order to maintain certification.
After the standard has come into force on 1st of March and once they have signed the agreement, certificate holders will be able to download customized labels including the license code at the Certificate Holder Portal.
When will the new rules be applicable?
The new trademark rules will come into force on the 1st of March 2010 and are phased in jointly with the new FSC licensing agreement. Existing certificate holders can choose when they would like to sign the agreement and switch to the new rules during 2010.
Streamlining effort
FSC has made a great effort to streamline the trademark rules in order to allow a smooth approval process, while ensuring maximum protection of the trademarks. The rules have also been updated to accommodate new situations that have emerged as more product types get certified and the trademarks are becoming more widely used.
However, we are surprised that the new requirements were developed without the usual public consultation which is one of the hallmarks of standard development in the FSC system. The trademark standard affects a great number of daily users and is also important in terms of system credibility, so it would seem logical to consult with stakeholders to obtain the most robust and user-friendly result.
In any case, the new trademark standard will be put to its final test when certificate holders start using it. We do hope that trademark users will experience the new rules as an improvement.
