GBCA Gets Tough on Green Star Trade Mark
The Green Building Council of Australia is the owner of Green Star which is a registered trade mark. Green Star is widely recognised across Australia as an indication of buildings that have been certified by the GBCA to satisfy certain criteria. By using the Registered Trade Mark without having obtained that certification, consumers are in the GBCA's view likely to be misled or deceived by falsely believing that the project has achieved such certification.
The Green Building Council recognises the need to communicate that projects are aiming to achieve a Green Star certification and have created new rules regarding this.
RULE 1 If a project IS registered with the Green Building Council of Australia it can state (prior to receiving official certification):
"Registered for a Green Star - [Office Design, Office As Built, Office Interiors, Healthcare, Education, Shopping Centre Design etc] rating."
RULE 2 If a project is NOT registered with the Green Building Council of Australia it cannot make any statements referring to Green Star and all claims will be viewed as trade mark infringements.
If the Green Building Council is alerted to any infringements against the copyright of Green Star it will issue a formal legal letter instructing the organisation to take immediate action to rectify the situation. This may include:
- Removal of advertising billboard or similar.
- Retraction and apology for misleading advertising.
- Removal of misleading website claims.
- Retraction of flyers, seminar invitations and apology.
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