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davemelton2@aol.com  
#1 Posted : 05 October 2016 16:14:45(UTC)
Rank: New forum user
davemelton2@aol.com

How does one report the illegel use of a CE mark?

paul.skyrme  
#2 Posted : 05 October 2016 16:36:20(UTC)
Rank: Super forum user
paul.skyrme

How do you know it's illegal? There is a LOT of kit that is CE marked and does not comply with the requirements for having the mark applied. However, it is expensive to police it. I would be looking to HSE or Trading Standards with regard to reporting. Don't expect much to be done about it any time soon though. What is it, is it in a workplace, is it newly supplied?
thanks 1 user thanked paul.skyrme for this useful post.
davemelton2@aol.com on 05/10/2016(UTC)
Roundtuit  
#3 Posted : 05 October 2016 18:18:41(UTC)
Rank: Super forum user
Roundtuit

As stated it is trading standards that would investigate but thanks to data protection you will never be informed of the outcome unless the item appears at a later date on the weekly RAPEX report (EU rapid notification system, ASA might want to follow up on that claim it was nearly a month later when exploding mobile phones from a major manufacturer appeared). The other way you may consider is if the item has a Conformity report behind it (generally the small reference number) contact the conformance accreditor. I say this from personal experience with a well known fruit brand charger - obviously fake as the moulding for the fuse did not move when pulled. The item with all correspondence with the supplier went to local trading standard's whilst separately I managed to trace the author of the Conformity report. The major electrical web site is still trading these items but I have a clear conscience (and a genuine part for free from the fruit brand). China Export or Conformitee Eurpeane ,- deliberately similar logos?
Roundtuit  
#4 Posted : 05 October 2016 18:18:41(UTC)
Rank: Super forum user
Roundtuit

As stated it is trading standards that would investigate but thanks to data protection you will never be informed of the outcome unless the item appears at a later date on the weekly RAPEX report (EU rapid notification system, ASA might want to follow up on that claim it was nearly a month later when exploding mobile phones from a major manufacturer appeared). The other way you may consider is if the item has a Conformity report behind it (generally the small reference number) contact the conformance accreditor. I say this from personal experience with a well known fruit brand charger - obviously fake as the moulding for the fuse did not move when pulled. The item with all correspondence with the supplier went to local trading standard's whilst separately I managed to trace the author of the Conformity report. The major electrical web site is still trading these items but I have a clear conscience (and a genuine part for free from the fruit brand). China Export or Conformitee Eurpeane ,- deliberately similar logos?
davemelton2@aol.com  
#5 Posted : 05 October 2016 19:00:25(UTC)
Rank: New forum user
davemelton2@aol.com

Thanks Paul I tried trading standards but they said I must employ a solisitor as a company is makin copies of my product and using my trademark an CE mark So it looks like I will have to spend some money to stop them
Roundtuit  
#6 Posted : 05 October 2016 19:13:00(UTC)
Rank: Super forum user
Roundtuit

Your second post provides much clearer information.

Unfortunately the CE mark you apply is based upon your tests and declaration against the various standards. If your competitor has similar testing then the application of the CE mark in itself is not illegal as your company does not own the European Standard - this is the common method allowing free trade of goods where everyone certifies against the same standard (think you might be getting confused with BS KiteMark and similar where a reference number unique to the manufacturer is applied).

Trade mark infingement is a different matter and solely down to who can afford the litigation costs - if you spent the money making the registration it is worth defending as any faulty goods could be incorrectly attributed to yourself.

You could independently purchase an offending item if readily available on the open market, have it tested and IF found wanting Trading Standards must then act upon any false claim to market.

thanks 2 users thanked Roundtuit for this useful post.
davemelton2@aol.com on 05/10/2016(UTC), davemelton2@aol.com on 05/10/2016(UTC)
Roundtuit  
#7 Posted : 05 October 2016 19:13:00(UTC)
Rank: Super forum user
Roundtuit

Your second post provides much clearer information.

Unfortunately the CE mark you apply is based upon your tests and declaration against the various standards. If your competitor has similar testing then the application of the CE mark in itself is not illegal as your company does not own the European Standard - this is the common method allowing free trade of goods where everyone certifies against the same standard (think you might be getting confused with BS KiteMark and similar where a reference number unique to the manufacturer is applied).

Trade mark infingement is a different matter and solely down to who can afford the litigation costs - if you spent the money making the registration it is worth defending as any faulty goods could be incorrectly attributed to yourself.

You could independently purchase an offending item if readily available on the open market, have it tested and IF found wanting Trading Standards must then act upon any false claim to market.

thanks 2 users thanked Roundtuit for this useful post.
davemelton2@aol.com on 05/10/2016(UTC), davemelton2@aol.com on 05/10/2016(UTC)
davemelton2@aol.com  
#8 Posted : 05 October 2016 19:44:34(UTC)
Rank: New forum user
davemelton2@aol.com

Thank you Roundtuit Looks like I will have to spend some money to stop them I was trying the misuse of the CE mark as cheaper option as I know they have no approval and hoped the law would stop them My concern is that we make automatic extinguisher systems and as you say we could get blamed for poor quality systems as they have our name printed on them We have tried sending them warning letters but they just ignore them As you can imagine it is very frustrating
Roundtuit  
#9 Posted : 05 October 2016 20:08:29(UTC)
Rank: Super forum user
Roundtuit

Bit more information in your latest post - obviously these are not readily available on the market more a "bespoke" installation which makes purchase and test a non-starter.

This is probably why trading standards have backed away from involvement as it would be very costly to acquire and test such a product (bit different from popping to the shops and buying an electric drill at the local DIY).

Have you considered a mail shot to insurers, trade press and local fire brigades advising your product is being copied and "may not comply with relevant supply legislation for product confirmation / genuine supply contact.."

Any customer purchasing a supposed compliant product could sue the actual supplier for breach of contract (Goods not as described, not fit for purpose..) and dont forget the Miss-Representation of Goods Act 1967 (from what you describe their claims are fraudulent if they are applying your company name)

Roundtuit  
#10 Posted : 05 October 2016 20:08:29(UTC)
Rank: Super forum user
Roundtuit

Bit more information in your latest post - obviously these are not readily available on the market more a "bespoke" installation which makes purchase and test a non-starter.

This is probably why trading standards have backed away from involvement as it would be very costly to acquire and test such a product (bit different from popping to the shops and buying an electric drill at the local DIY).

Have you considered a mail shot to insurers, trade press and local fire brigades advising your product is being copied and "may not comply with relevant supply legislation for product confirmation / genuine supply contact.."

Any customer purchasing a supposed compliant product could sue the actual supplier for breach of contract (Goods not as described, not fit for purpose..) and dont forget the Miss-Representation of Goods Act 1967 (from what you describe their claims are fraudulent if they are applying your company name)

davemelton2@aol.com  
#11 Posted : 06 October 2016 10:59:26(UTC)
Rank: New forum user
davemelton2@aol.com

Thanks again for your advice

The mailshot idea seemes a bit extream but as they ignoor our corispondance that may be my only option

ACESAFE  
#12 Posted : 17 October 2016 21:56:43(UTC)
Rank: Forum user
ACESAFE

Ive seen it justified as CE standing for Chinese Export!!!!!

Alfasev  
#13 Posted : 20 October 2016 10:38:25(UTC)
Rank: Super forum user
Alfasev

I would take action against the person or company and directors of the company importing and distributing them. If your objective is to stop them rather than get damages I would use the petty claims court, which I think will allows you to claim up to £5000 and cost about £35 to submit a claim.

You need to do some detective work and name both the company and directors or person, and find their addresses. Winning the claim will be a bonus but the objective is to put enough pressure on them to stop what they are doing.

One tactic to keep the pressure on is to put in claim after claim for every incident they have supplied counterfeits of your product until they stop. By actually naming an individual increases the pressure but if a company is involved it is likely they can easily get that part of the claim dismissed.

If it goes to a hearing just turn up and argue your case yourself. If they do not turn up you are likely to get the judgement in your favour and you can then instruct bailiffs if they do not pay.

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