FENSA Trading Standards & Latest Prosecutions

To advertise as a FENSA registered company when a company is not is an offence under the Trade Marks Act 1994 and Consumer Protection from Unfair Trading Regulations 2008.

Under the Trade Marks Act 1994 traders must not have unauthorised use of a registered trade mark. Companies who are not registered with FENSA are not permitted to use the FENSA logo from their website, any company paperwork, stationery and advertising.

Under the Consumer Protection from Unfair Trading Regulations 2008, traders must not mislead a consumer or a business that they are registered with when they are not, thereby causing them to make a transactional decision that they would not otherwise have made. It is an offence to supply goods or services which are falsely described.

Here are some of companies that have been prosecuted for misleading the public by falsely advertising as a FENSA registered business:

Date	Accused	Trading Standards	Offence	Fine
Feb 2010	Glazing Installer	Leicestershire Council	Pleaded guilty to two offences under the Consumer Protection from Unfair Trading Regulations of 2008, and misuse of the FENSA logo.	£1000 Fine £1750 Prosecution Costs £15 Victim’s Surcharge
July 2009	Glazing Installer	Rhondda Cynon Taf Council	Pleaded guilty to two offences under the Consumer Protection from Unfair Trading Regulations of 2008, and misuse of the FENSA logo.	£1000 Fine £250 Prosecution Costs £15 Victim’s Surcharge
Jan 2009	Glazing and conservatory Installer	Gateshead	Pleaded guilty; Trade Marks Act 1994 and Consumer Protection from Unfair Trading Regulations 2008 - including misuse of the FENSA logo	£750 Fine £15 Victim surcharge £700 Prosecution costs
Jun 2008	Glazing Installer	Cheshire - Macclesfield Magistrates Court	Pleaded guilty to 3 charges contrary to the Trade Marks Act 1994 and Consumer Protection from UnfairTrading Regulations 2008, including misuse of the FENSA logo.	£600 Fine £2499 Prosecution costs Victim Surcharge of £15
Dec 2006	Property solutions company	Newport	Trade Marks Act 1994, including misuse of the FENSA logo	£2000 fine
May 2006	Glazing installer	Nottingham	Trade Marks Act 1994, including misuse of the FENSA logo	£2000 fine £700 costs
Aug 2005	Double glazing and conservatory manufacturer	Wirral	Trade Marks Act 1994, including misuse of the FENSA logo	£1000 fine £410 costs

Misuse of the FENSA logo is not only an offence but can give the offending company an unfair commercial advantage, enabling business to be acquired unfairly.

This is unfair for FENSA Registered Businesses who have made the effort to comply with the eligibility criteria of FENSA registration, have been vetted and are regularly and independently assessed.

FENSA takes very seriously companies that mislead the public. FENSA notifies Trading Standards of any breach of the Trade Marks Act 1994 and Consumer Protection from Unfair Trading Regulations 2008.with a recommendation that legal action is taken.

Information about misuse of the FENSA logo is often brought to FENSA’s attention by consumers, FENSA registered installers or information received through www.cowboystoppers.co.uk..

FENSA deals with misuse of the FENSA logo and corresponds with the person who reported it, trading standards and the installer. Attempts will be made to investigate the reason and cause for the complaint. If co-operation is received from the installer and the FENSA logo is removed immediately, Trading Standards may chose not to prosecute. FENSA may be asked to produce a Section 9 Witness Statement for court purposes and asked to attend court hearings, which have led to successful prosecutions.

For further information on Trading Standards and to contact your local Trading Standards department, please go to www.tradingstandards.gov.uk. You can also contact Consumer Direct on 08454 04 05 06 and they will direct your complaint to the relevant Trading Standards authority.

Remember, if you suspect and have evidence that an installer is misusing the FENSA logo, not self certifying with a scheme like FENSA or obtaining approval from Building Control, submit this information online anonymously on www.cowboystoppers.co.uk..