The TLA grants the right to use the FSC trademarks (the so-called “granted rights”) for both on-product labelling and promotional use. The specific rules governing the use of the FSC trademarks by certificate holders are set out in FSC-STD-50-001. 

A certificate holder is an organization holding an FSC certification.

The granted rights are the rights to use the FSC trademarks for both on-product labelling and promotional use. 

The TLA signature does not allow your organization to use the FSC trademarks right away. Any use of the FSC trademarks should first be approved by your certification body. The use of the FSC logo without prior-approval from the certification body constitutes a breach of the certification requirements. In addition, any use of the FSC trademarks must comply with the requirements set out in FSC-STD-50-001.

The status of the TLA (valid, suspended or terminated) can be found using the FSC public search function available on the FSC’s website here.

The TLA introduces numerous new features which can be broadly categorized as follows: 

Modernization:  

The new TLA will be signed electronically via a new FSC Certification Portal and the physical signature of a hard copy will be phased out. The FSC Certification Portal will also be used by FSC to communicate revisions of the certification requirements. This way the certificate holder can receive certification requirement updates from both their certification body and from FSC directly. Thanks to this modernization, several administrative steps will not be necessary anymore. This new solution will also reduce the use of paper. 

Integrity & Credibility: 

The new TLA contains new rules that improve FSC’s ability to uncover and block organizations selling non-certified products with false claims of being FSC certified. FSC will also impose a financial penalty on organizations making false claims. 

Compliance: 

The new TLA incorporates new legal requirements, including the so-called GDPR, the European legislation governing data protection. 

All the certification requirements mentioned in the TLA are available here on the FSC website. 

The suspension of the granted rights puts on hold the rights of an organization holding a TLA to use the FSC trademarks. The suspension of the granted rights is decided by FSC when the organization does not comply with the TLA provisions, for example when it violates the certification requirements, commits trademark infringements, makes false claims or is the subject of an investigation for the violation of the Policy for the Association with FSC.

During the suspension of the granted rights,  the organization is not entitled to use the FSC trademarks for on-product labelling and promotional use. This means that during the suspension the organization cannot issue invoices with FSC claims or sell products bearing the FSC trademarks. The suspension of the granted rights does not affect the other rights and obligations under the TLA. 

The blockage of an organization holding an FSC certification is decided by FSC in response to false claims and prevents the organization from carrying out activities or processes that are included in their scope of certification (e.g. processing, labelling, storing or transporting). An organization that is blocked cannot be re-certified by the same or a different certification body for a defined time period. More information about blockage can be found in ADVICE-40-004-18. 

A suspension only applies to the granted rights and affects the rights of an organization holding a TLA to use the FSC trademarks. 

The blockage of an organization holding a TLA is decided by FSC in response to false claims and prevents the organization from carrying out activities or processes that are included in their scope of certification (e.g. reading, processing, labelling, storing or transporting).

False claims refer to non-certified products being sold with the claim that they are certified. A false claim can be a claim made on sales documents (physical or electronic) or the use of the FSC trademarks on either products or in connection with projects that are not eligible to be claimed, labelled and/or promoted as being FSC-certified or FSC controlled wood.

An organization will be blocked if FSC finds that it made deliberate false claims, i.e. false claims made with knowledge of their consequences. The organization will also be blocked if it has made more than two negligent false claims within a period of 5 years. FSC and/or certification bodies always issue a corrective action request in response to false claims. More information about false claims can be found in ADVICE-40-004-18. 

If FSC or a certification body finds that an organization made false claims negligently, a corrective action request will be issued, and your organization will have to take actions to remove or fix the false claims. The organization will only be sanctioned by a blockage if it has made more than two negligent false claims within a period of 5 years. More information about false claims can be found in ADVICE-40-004-18. 

The suspension of the granted rights can be lifted once the suspended organization complies with the FSC certification requirements and implements the corrective action requested by FSC and/or their certification body. 

The blockage of the organization can be lifted once the organization has paid the financial penalty and has implemented the corrective actions requested by FSC and/or their certification body. 

The financial penalty is calculated taking into account the duration of the false claim, the severity of the false claim and the financial capacity of the organization that commits a false claim. This ensures that the financial penalty is reasonable and reflects the gravity and damages suffered by the FSC certification scheme. The methodology used to calculate the financial penalty can be found in FSC-PRO-10-003. 

For any questions relating to the content of the TLA, you can write an email to licensing@fsc.org.