For simplicity and assistance, the texts have been approximately translated into other languages with help of machine translation. Only the German terms, texts and Imprint are valid. Errors and omissions excepted.
Annex F: Trademarks, industrial property rights, utility models and patents
The following contractual provisions are deemed to be agreed with the licensee (LN) for the handling of IP rights of the GM:
The use of protected trademarks to identify products and services with trademarks of GM or its licensors is only permitted after written declaration or contractual agreement with GM and only within the agreed scope. The application of further property rights also requires a contractual arrangement.
Property rights may only be used in connection with an express licence agreement regulating the use. Otherwise, any use or distribution is expressly prohibited. Unauthorised third parties can only use trademarks or rights within the narrow legal framework, e.g. for labelling purposes of goods that legitimately bear our trademarks.
Subject of the contract:
A trademark is any brand form, for which property rights can be claimed by the GM. This includes word marks, figurative marks, etc. The scope of application may vary.
Other industrial property rights, utility models and patents may also be registered with the GM.
Confidentiality, duties to refrain:
The licensee undertakes to maintain confidentiality vis-à-vis third parties and shall not disclose any conditions, plans, internal conditions or contractual provisions to third parties.
The LN shall refrain from doing anything that diminishes the value of the trademark. In the context of the use of property rights, this includes, but is not limited to, e.g. unprofessional conduct with media, denial of legitimate services to end customers, false claims, advertising with untrue, unfair content, infringement of third party claims through use of the trademark in certain contexts or use of GM trademarks in the context of sex, violence or similar content/areas.
The licensee shall observe the industrial property rights of GM even after the end of the contract, and the licensee shall keep GM internals confidential vis-à-vis third parties. The licensee will not make derogatory comments about GM or influence other potential customers against GM even after the termination of the business relationship.
Terms of payment:
Any licensee who has not settled his due payment beyond the 1st reminder may be prohibited from using property rights as of the date of delivery of the 2nd reminder.
The right is reactivated when the payments are settled.
Downtime will not be counted.
The licensee assures to bear all fees and costs arising from unlegitimate, improper or negligent use of GM property rights. The licensee shall indemnify GM against all third party claims to the maximum extent possible. The choice of lawyers and procedural methods in the event of a dispute with third parties - even with the associated additional costs for the licensee - may be determined by the GM. The Licensee shall ensure that materials used by it in connection with GM property right are free for its use and do not infringe any copyright. The licensee shall bear all costs for the subsequent procurement of licences/copyrights and shall act as principal in this respect from the outset.
The licensee is liable for all unauthorised acts in relation to GM property rights and shall compensate GM for all damages and work. With regard to the overall liability, we refer to "Contents" and §10 of our General Terms and Conditions of Business and Delivery in the most current version.
Amendment of the terms and conditions, the service description and the prices:
Changes to the general terms and conditions and these supplementary terms and conditions, service descriptions and prices shall be notified to the licensee in writing. The changes shall be deemed accepted if the licensee does not demonstrably object in writing within 4 weeks after dispatch of the notification.
Legal from of the customer:
The Licensee expressly warrants that it is carrying on a trade.
Terms and conditions:
The basis for the services of the GM are the general GTC's and specific relevant annexes of GartenMedien GmbH & Co. KG, in particular Annex E/E1, F, G in the most current version in each case. Sollte Should "Annex F" contradict these in one or more points, the other points shall remain unaffected.
Subsidiary agreements generally require the written form.