Faq on trademark license agreement scs global services. Faq on trademark license agreement certificate holders 1. Kunekt corporation, a corporation governed by the laws of the state of nevada and having an office at unit 1, 12f international commerce centre, 1 austin road west, kowloon, hong kong. Fsc gd is operating the fsc licensing program which includes the licensing of the fsc trademarks.
A trademark license agreement allows the licensee to use but not own the licensors trademark in connection with agreedon products or services. A new scs agreement and fsc trademark license agreement must be signed. Fsc has introduced a trademark licensing system which will be phased. Programme for the endorsement of forest certification pefc pefc is a global umbrella organisation for the assessment and mutual recognition of national forest certification schemes developed in a multistakeholder process. The fsc trademarks may be used in a variety of ways. Fill in the blanks and choose the terms of this international agreement that best suit your needs. The fsc trademark allows consumers worldwide to recognize products that support the growth of responsible forest management. Please contact info at fscuk point org for an fsc promotional trademark licence application form. Identification code issued to organizations that have signed the fsc trademark license agreement. Christian dior couture sa concluded a trademark license agreement with societe. Applying for a promotional trademark licence fsc united kingdom. This application is only for companies with headquarters in the united states.
Any infringement of use is liable to legal action by fsc. More than just a template, our stepbystep interview process makes it easy to create a trademark license agreement. Once fsc us receives a completed application, we will send a customized tla to you. In the case of each license granted hereunder in respect of each of the. In a trademark licence agreement the proprietor of a registered trademark gives authorization to another company to manufacture and distribute products under this trademark. The license is given for a specific range of products typically consumer and fashion products for which the licensee obtains exclusivity in a distinct territory. All organizations must sign a trademark licence agreement with their. You still need to seek approval for materials where you use any of these two fsc trademarks even though you do not use the logo. Retailers retailers who buy finished, fsc labelled products from and fsc certified company and sell these on, unchanged, to end users may apply to fsc for a trademark license to enable them to use the fsc trademarks to promote these products in brochures, point of sale materials, instore, on websites, in press releases and more.
Products sold by this company cannot be used for production of fsc certified products. The sierra club brought this allegation to fscs attention in august 2017, which was followed up by accreditation services international asi. Trademark service license holder forest stewardship council. F s c s e cr0 002 license agreement for the fsc certification scheme between.
The forest stewardship council will begin the rollout of its revised and improved trademark license agreement tla in a pilot phase starting in the second quarter of 2020. Retailers promoting finished, fsclabelled products can choose to hold fsc chain of custody certification or an fsc promotional trademark licence, which allows the use of the fsc trademarks but not the passing on of fsc claims. As with initial certification, certain cars must be. The licensing system reflects the strong and growing value of the fsc tradmarks on the marketplace as well as fscs increased efforts to provide tools and services for certificate holders. Once the use has been checked, fsc will then provide you with the official trademarks, and a form will need to be signed acknowledging their receipt. Retailers retailers who buy finished, fsc labelled products from and fsccertified company and sell these on, unchanged, to end users may apply to fsc for a trademark license to enable them to use the fsc trademarks to promote these products in brochures, point of sale materials, instore, on websites, in press releases and more. Licensor shall seek, obtain and, during the term of this agreement, maintain in its own name and at its own expense, appropriate protection for the trademarks, and licensor shall retain all right, title and interest in the trademarks as well as any modifications made to the trademarks by licensee. The revised and improved license agreement for the fsc certification scheme will initially be implemented with a pilot phase, starting early in the second quarter of 2020 in brazil, china, germany, russia and the united states before being extended to other countries later in the year. The license is given for a specific range of products typically consumer and fashion products for which the licensee obtains exclusivity in a distinct territory typically a country. The manufacturer and final recipient should sign an agreement for use of the fsc logo. In order to use fsc trademarks, the organisation shall have a valid fsc trademark licence agreement and hold a valid certificate. Fsc suspends 7 trademark license agreements in the ukraine bonn, 18.
Fscs objective in such case is to ensure that clients are treated fairly and objectively, whilst ensuring that transfer between certification bodies cannot become a tool by which clients can evade or avoid their obligations to comply with fsc certification requirements or any contractual obligations. This agreement and the licenses hereby granted shall commence on the date of countersignature by the a4l community of this agreement and shall, unless terminated in any of the circumstances of clause 9 of this agreement, continue in force. Forest conservation program chain of custody certification. It is used to identify the organization on the fsc license holder database and must accompany any use of fsc trademarks. New fsc trademark license agreement tla to be rolled out the revised and improved license agreement for the fsc certification scheme will initially be implemented with a pilot phase, starting early in the second quarter of 2020 in brazil, china, germany, russia and the united states before being extended to other countries later in the year. New fsc trademark license agreement tla to be rolled out. Fsc suspends 7 trademark license agreements in the ukraine. Trademark standards and resources fsc united states. A properlydrafted trademark license agreement can help in both circumstances. Crosswalk document of the revised fsc trademark use guide for promotional licence holders.
Fsc to release improved trademark license agreement. Trademark license application for product promotion this application form is for nonchain of custody coc certified companies seeking to use the fsc trademarks in order to promote fsc certified and labeled products that they are buying andor selling. Fsc trademark license agreements who hold a valid license are allowed to use them. Save, sign, print, and download your document when you are done. Requirements for use of the fsc trademarks by certificate. This trademark license agreement this agreement is made and effective as of march, 2007 the effective date, by and between pennantpark investment advisers, llc a delaware limited liability company the licensor or adviser, and pennantpark investment corporation, a corporation organized under the laws of the state of maryland. Auditor contacts client to confirm scope and provide audit plan. Certificate holders should note that signing the license agreement is mandatory in order to maintain certification. The most common and widely recognized trademark use is as a label on fsc certified products to demonstrate that a specific product was derived from a responsibly managed forest. Kim bering becker carstensen commercial register bonn hrb15990 f s c. Fsc releases improved trademark license agreement the revised and improved license agreement for the fsc certification scheme will initially be implemented with a pilot phase, starting early in the 2q 2020 in brazil, china, germany, russia and the united states before being extended to other countries later in the year. Forest stewardship council united states trademark license.
The revamped trademark license agreement tla is designed to meet new legal developments such as the european data protection law requirements the socalled gdpr general data protection regulation, improve user experience, and strengthen the integrity of the fsc system. Absence of a signed license agreement after december 2010 is a major nonconformance. Trademark license application for product promotion this application form is for nonchain of custody coc certified companies seeking to use the fsc trademarks in order to promote fsccertified and labeled products that they are buying andor selling. Oakland, ca, june 1, 2018duchateaus forest stewardship council fsc trademark license agreement has been suspended following fraudulent use of fsc claims and trademarks. Trademark license agreement this trademark license agreement the agreement, effective on the latest signature date on this agreement, is by and between xbrl international, inc. The identification code issued to organizations that have signed an fsc license agreement. This trademark license agreement this agreement is made and effective as of march, 2007 the effective date, by and between pennantpark investment advisers, llc a delaware limited liability company the licensor or adviser, and pennantpark investment corporation, a corporation organized under the laws of the state of. Consequences of a breach of a trademark license agreement. The most common and widely recognized trademark use is as a label on fsccertified products to demonstrate that a specific product was derived from a responsibly managed forest. Fsc forest stewardship council log in fsc worldwide. Applying for a promotional trademark licence this is a straightforward process and gives your customers the assurance that each fsc product you sell has been verified. Fsc trademark use guide for promotional licence holders. This company is a trademark license holder promoting fsc certified finished goods or services related to fsc certification, such as training or consulting. Phoenix footwear group, inc confidential treatment has been requested for portions of this exhibit.
The global forestry company has managed to protect a severely threatened forest while ensuring it benefits the local, scientific, and educational communities. Fsc s objective in such case is to ensure that clients are treated fairly and objectively, whilst ensuring that transfer between certification bodies cannot become a tool by which clients can evade or avoid their obligations to comply with fsc certification requirements or any contractual obligations. Certificate holders should note that signing the license agreement is. In the past, fsc licensed the trademarks to you via. Site included in the scope of a multisite or group coc certificate. The interim trademark license agreement between licensor and licensee dated the date hereof the interim trademark license agreement shall supersede paragraphs 4a and 4c herein with respect to packaging, labeling, advertising and promotional materials in existence at the date of this agreement. Each promotional licence holder is issued with a unique licence number, copies of the fsc promotional panel, the fsc logo and full guidelines for the use of the fsc trademarks. Fsc to release improved trademark license agreement global. Form of trademark license agreement english translation for reference purpose only 5. Fsc is an independent, nongovernmental, not for profit organization established to promote the responsible management of the worlds forests. Whereas, the fsc international center gmbh, with registered office in charlesdegaulle str.
Whereas, as a condition to effecting the merger, licensor and licensee entered into a trademark and trade name license agreement of even date herewith the license agreement, pursuant to which licensor granted licensee use of the licensed marks, the. Please email completed application form, supplier letters for each supplier or invoices for all. Trademark license agreement w sample rocket lawyer. It is used to identify the organization in the fsc license holder database and must accompany any use of the fsc trademarks. Fsc releases improved trademark license agreement timber. Fsc chain of custody certification coc certification. Fsc wishes to forge a closer relationship with existing and. There is an annual fee for the administration of the promotional trademark licence.
Jun 22, 2009 in the judgment of the european court of justice dated april 23, 2009 c5908, the following facts were at issue. Strengthen the fsc system and improve trademark protection. Mar 31, 2020 oakland, ca, june 1, 2018duchateaus forest stewardship council fsc trademark license agreement has been suspended following fraudulent use of fsc claims and trademarks, reports the sierra club. Feb 28, 2020 the revised and improved license agreement for the fsc certification scheme will initially be implemented with a pilot phase, starting early in the second quarter of 2020 in brazil, china, germany, russia and the united states before being extended to other countries later in the year. Licensing can help a company expand into new markets effectively and easily while lending the licensee an established name and reputation. You may use the two other fsc trademarks without the logo for promotional purposes but not onproduct you need to include your trademark license code in the material. Forest stewardship council us, 708 north first street, suite 235, minneapolis, mn 55401. Fsc is an international not for profit organization that brings people together to find solutions which promote responsible stewardship of the worlds forests.
There are specific criteria for the use of the fsc trademarks that apply to some user groups. Trademark standards and resources if you are a chain of custody coc or forest management fm certificate holder, you are already licensed to use the fsc trademarks under your existing certification. This trademark licence agreement the agreement is made with effect as of the 29th day of june, 2011 the effective date, between. This requirement has been reworded to clarify and simplify, and an example has been added page 34. Jun 01, 2018 on may 21, 2018, the forest stewardship council fsc announced the suspension of duchateaus fsc license and that of one of its vendors. Agreement, upon termination or expiration of this agreement for any reason, licensee shall immediately cease all use of the licensed mark either alone or in conjunction with another term. Fsc is blocking the possibility of any of these companies acquiring a valid trademark license agreement tla, which is a prerequisite for holding a valid fsc certificate.
License agreement for the fsc certification scheme. Brazil, china, germany, russia and the united states will be the first countries to operate under the new license agreement before it is extended to other countries later in. Fscstd40003 v21 fsc chain of custody certification tla trademark license agreement. Faq on trademark license agreement certificate holders. Licensee further agrees that it will not thereafter readopt or use any trademark, service mark. Companies applying for fsc certification after 31 december 2009 must sign a license agreement prior to certification. Fsc does not take any responsibility for quality of training or. What are the timelines to phasein existing certificate holders and applicants into the. Fsc to pilot revised trademark license agreement this year.
The fsc ecosystem service procedure has helped arauco to verify its positive impacts on ecotourism services. Trademark licensor may, at its option, forthwith terminate the license and rights granted in. Trademark licence agreement between the universal postal union, an intergovernmental organization and a specialized agency of the united nations represented by the deputy director general of its international bureau, and having its head. Trademark licensees failing to maintain the control specifications and other information furnished hereunder in confidence or failing to restrict the transmission of information, products and commodities as required by section 4 of this agreement. Educational or research organizations and media are not required to. Certificate holders must sign the agreement before the end of this year in order to maintain certification. The agreement must define data of the fsc certificates held by the manufacturer and final recipient.
Fsc suspends duchateaus trademark license agreement. As promptly as possible after execution of this agreement, licensee agrees to submit copies of this agreement to any governmental agency in any country in the territory where approval of a license agreement is necessary and agrees to promptly prosecute any such application diligently. Fsc wishes to forge a closer relationship with existing and potential certificate holders which will bring the following benefits. In the past, fsc licensed the trademarks to you via your fsc accredited certification body. The revised and improved license agreement for the fsc certification scheme will initially be implemented with a pilot phase, starting early in. Trademark license application for product promotion forest. It is sufficient to show the code once per product or promotional material. This section is dedicated to helping you identify the various types of fsc certified onproduct labels. Educational or research organizations and media are not required to sign a tla for the use of fsc trademarks. Mar 02, 2020 the revamped trademark license agreement tla is designed to meet new legal developments such as the european data protection law requirements the socalled gdpr general data protection regulation, improve user experience, and strengthen the integrity of the fsc system. The copy filed herewith omits the information subject to the confidentiality request. Fsc label with license code of final recipient final recipient can ask manufacturer to add fsc label with their license code.
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. Why is there a new license agreement when we have been using the fsc trademarks without one before. Trademark license agreement brand owner form tmlabrand owner feb 25, 2005 page 1 of 1 this agreement is between natureworks llc with offices at 15305 minnetonka blvd, minnetonka, mn 55345, usa nw llc and. The trademark registration list document is available in the fsc trademark portal and. If the fsc trademarks are to be used on an ongoing basis, then a trademark license agreement will need to be signed, and a license code issued.
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