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General Information about the TLA
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What does ‘TLA’ stand for?
TLA refers to the License Agreement for the FSC Certification Scheme, which is also commonly called the Trademark License Agreement (TLA).
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What is the TLA?
The TLA is a legal document (contract) which governs the relationship between FSC and the organization holding or applying for FSC certification. The TLA is the agreement by which FSC grants the organization the right to use the FSC trademarks. The TLA also contains rights and obligations applicable to FSC and the organization holding or applying for FSC certification.
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What are the FSC trademarks?
The FSC trademarks consist of three trademarks (the FSC initials, the name Forest Stewardship Council and the FSC check mark and tree logo) and two brand marks (the two versions of the ‘Forests For All Forever’ brand marks) in various language translations. The FSC trademarks are owned by FSC and are set out in Annex 2 of the TLA. More information about the FSC trademarks is available here.
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Why is FSC releasing an electronic version of TLAs?
FSC regularly revises its TLA in order to comply with the latest legal requirements and to ensure that the integrity and credibility of the FSC certification scheme is protected.
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In which language are the e-TLAs available?
The e-TLA for single certification is available in 18 languages: Bulgarian, Chinese, Czech, Dutch, English, French, German, Italian, Japanese, Korean, Polish, Portuguese (Brazil), Portuguese (Portugal), Romanian, Russian, Spanish and Turkish.
The e-TLA for group and multi-site certification is available in six languages: English, Spanish, French, Chinese, German and Japanese. Â The TLA can be obtained in a bilingual version (English-Other language), but the English version prevails.
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What is FSC Connect?
FSC Connect is a so-called hub portal where your organization can access various FSC portals, including the FSC Certification Portal.
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What is the FSC Certification Portal?
The FSC Certification Portal enables communication between FSC and FSC certificate holders (also called licensees under the TLA) about the certification requirements and the administration of the TLA, including the electronic signature.
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Who can I contact if I have difficulty accessing FSC Connect or the FSC Certification Portal?
If you require any technical support relating to FSC Connect or the FSC Certification Portal, you can contact us by email at connect@fsc.org.
Content of the TLA (version 6)
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What is covered by the license to use the FSC trademarks?
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 the "Requirements for use of the FSC trademarks by certificate holders" (FSC-STD-50-001).
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What is a certificate holder?
A certificate holder is an organization holding FSC certification.
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What are the granted rights?
The granted rights are the rights to use the FSC trademarks for both on-product labelling and promotional use.
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Once the TLA is signed, can my organization start using the FSC trademarks?
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.
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Where can I check the status of the license?
The status of the license (valid, suspended or terminated) can be found using the FSC Search function available on the FSC’s website here.
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What are the new features introduced by FSC in the e-TLA?
The e-TLA introduces numerous new features which can be broadly categorized as follows:
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Modernization:Â
The e-TLA is signed electronically via the FSC Certification Portal, and the physical signature of a hard copy will be phased out. The FSC Certification Portal is also 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 are not necessary anymore. This new solution will also reduce the use of paper.
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Integrity & Credibility:
The e-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.
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Compliance:
The e-TLA enhances ongoing compliance with legal requirements, including GDPR, which is the European legislation governing data protection.
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Where can I find the certification requirements mentioned in the TLA?
All the certification requirements mentioned in the TLA are available here on the FSC website.
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What is the suspension of the granted rights?
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 violation of the Policy for Association with FSC.
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What are the effects of the suspension of the granted rights?
During the suspension of the granted rights, the organization is not entitled to use the FSC trademarks for on-product labelling or 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.
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What happens when an organization is blocked by FSC?
The blockage of an organization holding 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.
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What is the difference between suspension and blockage?
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 entire scope of certification (e.g., reading, processing, labelling, storing or transporting).
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What are false claims?
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.
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What kind of false claims can lead to the blockage of my organization?
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.
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Can my organization be sanctioned for false claims made negligently?
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
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How can suspension be lifted?
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.
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How can blockage be lifted?
Blockage of an 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.
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How much is the financial penalty?
The financial penalty is calculated by 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.
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Who can I contact if my organization has questions regarding the content of the TLA?
For any questions relating to the content of the TLA, you can write an email to licensing@fsc.org.
Signature of the e-TLA
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Why does an organization need to sign a TLA?
An organization needs to sign a TLA to be associated with FSC and its mission. A TLA is also necessary to use the FSC trademarks for on-product labelling or for promoting certified products.
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When must an organization obtain the latest version of the e-TLA?
The organization must obtain the latest version of the TLA before the Certification Body issues a new certification or a re-certification. The latest version is the most recent agreement series (e.g., 6.xx). It is not necessary to sign a newer version of the agreement as long as it belongs to the latest series. For example, if a certificate holder already has version 6.01., the organization does not need to sign version 6.07 as long as the latest series in place remains series 6.
Please also note that re-signing the TLA is not required for the yearly surveillance evaluations.
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How can an organization sign an e-TLA?
FSC has changed the way a TLA is signed by introducing the FSC Certification Portal. To sign the e-TLA, the organization is invited by FSC or its certification body to activate their FSC Connect account. From the FSC Connect account, the organization can access the FSC Certification Portal, where specific information, such as the name of the legal representative who will sign the TLA, needs to be provided.
Once the required information is provided, the organization will receive an email invitation to sign the TLA electronically with DocuSign®.
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Who can sign the e-TLA?
The TLA can only be signed by a person duly authorized. This can be the legal representative of the organization or another person who is authorized to sign the TLA. After the signature of the organization, FSC will counter-sign the TLA via DocuSign®.
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What is DocuSign®?
DocuSign is an online platform that allows recipients to electronically review and digitally sign documents. For more information about DocuSign, please visit www.docusign.com.
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What happens with existing paper TLAs between a Certificate Holder and FSC?
The e-TLA replaces any existing paper TLA for renewed certification. Every certified organization must operate under the same mechanism and must hold the latest version of the TLA upon certification or re-certification.
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How much time do I have to sign the e-TLA?
You can sign the TLA after you receive the invitation to electronically sign the TLA. This invitation link (DocuSign®) is valid for 90 days, but it can be re-initiated if required.
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My organization signed a new TLA. Where can I find it?
The signed TLA can be found in the organization’s profile on the FSC Certification Portal. It can take up to 2 working days for your signed TLA to appear after your signature, since FSC must counter-sign the agreement.
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Who can I contact if I have difficulty signing my TLA via DocuSign®?
For any problems relating to the electronic signature, you can write an email to connect@fsc.org.
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After signing the TLA, can my organization ignore any new certification requirements implemented by FSC?
No. Organizations are certified only if they comply with all FSC certification requirements. These requirements evolve over time in order to reflect new technical, environmental or legal requirements. When FSC releases a new certification requirement, certified organizations have to comply with it. If an organization does not accept and comply with a new certification requirement, its certification will not be maintained.
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Does FSC make the contact information of my organization public?
FSC publishes contact information of certified organizations on its Public Search. This information is published so that companies, traders or consumers can contact certified organizations.
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If my TLA is terminated, can I sign a new one?
If your organization’s TLA is terminated (either by your organization’s own decision or by a decision of FSC), your organization can sign a new one only if it is not affected by a blockage. However, if your organization is affected by a blockage because it committed false claims, your organization will only be able to sign a new TLA once the blockage is lifted.
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Is it possible to physically sign a hard copy of the e-TLA?
No. The single and multi-site and group e-TLA is only available electronically in the FSC Certification Portal, as FSC aims to develop a paperless environment for managing the TLA.
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What happens if my organization changes its certification type from single to group and multisite or vice versa? Do I have to re-sign the TLA?
Yes. If the organization wants to change the certification type, a new TLA matching the new certification type is required to be signed.