About ECA's Trade Marks
Ethical Clothing Australia (ECA) has operated under the name Ethical Clothing Australia since 2010 and it has several registered trade marks including its ECA certification trade mark. Registration of these marks give ECA the exclusive right to use them in Australia in relation to the goods/services for which they are registered. It also gives ECA the right to obtain relief from a court if the marks are infringed. If you are an ECA accredited business please scroll down to learn how our trade mark can be applied to your business.
Who Can Use ECA's Trade Marks?
Accredited manufacturers can use the ECA certification trade mark on their Australian-made products and in various other promotional formats once they have signed the licence agreement. These authorised users of the trade mark are recognised for their compliance with Ethical Clothing Australia’s Code of Practice. We have answered some of our most frequently asked trade mark questions below.
My business recently applied for ECA accreditation and is currently undergoing our first compliance audit. Can we use the ECA trade mark and/or reference the ECA accreditation program?
The ECA trade mark can only be used by ECA-accredited businesses. Businesses that are undergoing the compliance audit for the first time, cannot use the ECA trade mark and/or reference the ECA accreditation program until the compliance audit has been finalised. Once complete, ECA will share the Accreditation Toolkit which gives detailed information on how to apply the ECA trade mark according to your business’s operations and how to maximise the promotion of your accreditation.
My brand is using an ECA-accredited manufacturer to make my products, can I use the ECA trade mark and/or reference the ECA accreditation program?
No, using an accredited manufacturer does not make your business eligible to use the ECA trade mark and/or reference the ECA accreditation program. This is because whilst this supplier is accredited and therefore compliant, their accreditation does not cover your business’s in-house operations and/or any additional suppliers you may give work to. In order to use the ECA trade mark, businesses must be accredited by ECA and sign the ECA License Agreement. If your business is interested in becoming accredited by ECA, please contact an Accreditation Advisor.
I am a manufacturer in the supply chain of an ECA-accredited business, can I use the ECA trade mark and/or reference the ECA accreditation program?
No, as a manufacturer in an ECA-accredited business’s supply chain you are not eligible to use the ECA trade mark and/or reference the ECA accreditation program. Undergoing the compliance audit for an ECA-accredited business is not the same as being accredited in your own right. In order to use the ECA trade mark, businesses must be accredited by ECA and sign the ECA License Agreement. If your business is interested in becoming accredited by ECA, please contact an Accreditation Advisor.
I am an ECA-accredited manufacturer making products for other brands, can these brands use the ECA trade mark and/or reference the ECA accreditation program?
No, as an ECA-accredited manufacturer your ECA accreditation applies to your business only and other businesses that you manufacture for are not eligible to use the ECA trade mark and/or reference the ECA accreditation program. This is because your accreditation does not cover another business’s in-house operations and/or additional suppliers. In order to use the ECA trade mark, businesses must be accredited by ECA and sign the ECA License Agreement. If a business you manufacture for is interested in becoming accredited by ECA, please ask them to contact an Accreditation Advisor.
I am an ECA-accredited brand and the manufacturers in my supply chain were audited as part of my ECA accreditation, can these manufacturers use the ECA trade mark and/or reference the ECA accreditation program?
No, as an ECA-accredited brand your ECA accreditation applies to your business only and other businesses within your supply chain are not eligible to use the ECA trade mark and/or reference the ECA accreditation program. Undergoing the compliance audit for an ECA-accredited business is not the same as a business being accredited in their own right. In order to use the ECA trade mark, businesses must be accredited by ECA and sign the ECA License Agreement. If your business is interested in becoming accredited by ECA, please contact an Accreditation Advisor.
My business is no longer ECA-accredited, what does this mean for using the ECA trade mark and/or reference the ECA accreditation program?
As set out in section 11 of the Licence Agreement (Consequences of Termination) your licence to use the ECA trade mark ceases immediately upon de-accreditation and your business has seven days to remove all uses of the trade mark and references to the ECA accreditation program, across all materials where it is used including labels or packaging, websites, social media, or any other promotional items.
I am a retailer/directory who stock/include ECA-accredited businesses, can I use the ECA trade mark?
You may be eligible to use the ECA trade mark and/or reference the ECA accreditation program for use on your website and/or other applications, please get in touch with our Marketing and Digital Coordinator to discuss further.
What Should I Do If I See A Business Using The trade Mark Incorrectly?
If you notice a business or manufacturer that is not accredited with ECA using the trade mark on their marketing, promotions, swing tags, or website please reach out to our Marketing Team or your Accreditation Advisor.
Want To Know More?
If you’re unsure or have further questions about your eligibility to use the ECA trade mark, please contact us.
How The ECA Certification Trade Mark Is Applied (ECA Accredited Businesses)
ECA has rules that govern use of the ECA Certification trade mark. The trade mark can only be used by ECA-accredited businesses. Research has shown that accreditation labelling can have a positive influence on the consumer at the point of sale by reminding consumers of the ethical concerns involved in clothing production as they are making a purchase decision. Usage of the trade mark by licensees helps to increase general awareness of ECA and it adds value to the trade mark through increased brand recognition. The use and display of the trade mark and any associated text must only be in done in a manner that reflects the businesses level of production in Australia. This requirement is put in place to ensure consumers are not mislead, businesses are not providing confusing information to the public and to ensure the integrity of the ECA trade mark.
100% Of Product Made In Australia
Where a Licensee produces 100% of their TCF products in Australia the trade mark may be used as a single image and no point of clarification is required. Alternatively, the following text may accompany the trade mark:
[Insert your business name here] is proudly 100% made in Australia and accredited by Ethical Clothing Australia.
Approval must be sought to use any other form of wording.
The Majority Of Products Made In Australia
ECA recognises majority brands as those that produce more than 50% of their products in Australia. Majority brands must include the following wording alongside the Mark or where it is used on website or social media accounts:
[Insert your business name here] is accredited by Ethical Clothing Australia for its {clothing/footwear/textiles/garments/ products/goods} made in Australia only.
Alternatively, a business may wish to use the words below.
[Insert your business name here] is recognised by Ethical Clothing Australia as a majority brand for our {clothing/footwear/textiles/garments/ products/goods} made in Australia only.
Approval must be sought to use any other form of wording.
Only Specific Product Lines Made In Australia
If only specific items or specific production lines or value-adding services are made in Australia then consumers should be provided clarity as to which products the ECA accreditation applies. You should not use the Mark without this clarification.
Only [Insert your business name here] [insert product line or items] has been made in Australia and is accredited by Ethical Clothing Australia.
Approval must be sought to use any other form of wording.
1338510
Class 24: Textiles and textile goods
Class 25: Clothing, footwear and headgear
Class 35: Retail of clothing, textiles and footwear
1779810
'ECA'
Class 24: Textile piece goods; Textiles
Class 25: Clothing; Footwear; Headgear for wear
Class 35: Retail services; Retailing of goods (by any means)
2043991
Class 35: Advocacy, Class 41: Training and Education) and Class 42: Certification of quality or standards; association services.
