Trademark Policy.
These guidelines are for Rema licensees, authorized resellers, developers, customers, and other parties wishing to use Rema‘s trademarks, service marks or images in promotional, advertising, instructional, or reference materials, or on their websites, products, labels, or packaging and so on. Use of the Rema trademarks for commercial purposes without the prior written consent of Rema may constitute trademark infringement and unfair competition in violation of (inter)national law. Use of Rema trademarks may be prohibited, unless expressly authorized.
If you are a licensee of a Rema trademark and have been provided with special trademark usage guidelines with your license agreement, please follow those guidelines. If your license agreement or other commercial engagement with Rema does not provide usage guidelines, then follow the guidelines in this agreement (hereinafter: ''Guidelines"). If you are a Rema Authorized Reseller or member of a Rema program, you may be subject to additional restrictions.
Rema‘s trademarks, service marks, trade names and trade dress are valuable assets. In following these guidelines, you help us protect our valuable trademark rights and strengthen our corporate and brand identities. By using a Rema trademark, in whole or in part, you are acknowledging that Rema is the sole owner of the trademark and promising that you will not interfere with Rema‘s rights in the trademark, including challenging Rema‘s use, registration of, or application to register such trademark, alone or in combination with other words, anywhere in the world, and that you will not harm, misuse, or bring into disrepute any Rema trademark. The goodwill derived from using any part of a Rema trademark exclusively inures to the benefit of and belongs to Rema. Except for the limited right to use as expressly permitted under these Guidelines, no other rights of any kind are granted hereunder, by implication or otherwise.
If you have any questions regarding these guidelines, please submit your query to the board of directors ( board@rema.eu).
I. AUTHORIZED USE OF REMA TRADEMARKS
1. Advertising, Promotional, and Sales Materials
Only Rema and its authorized resellers and licensees may use the Rema trademarks in advertising, promotional, and sales materials. Such authorized parties may use the Rema trademarks only as specified in their agreement with Rema and these Guidelines and such use must always be in conjunction with the
appropriate terms that define the relationship authorized by their contract with Rema.
For example an:
- Authorized Dealer
- Authorized Value Added Reseller
- Authorized Service Provider
- Authorized Wholesaler
2. Compatibility
Developers or producers of compatible materials may use Rema trademarks in a referential phrase on packaging or promotional/advertising materials to describe that the third party product is compatible with the referenced Rema product or technology, provided they comply with the following requirements.
- The Rema word mark is not part of the product name.
- The Rema word mark is used in a referential phrase such as ''for use with", ''made of", ''for", or ''compatible with."
- The Rema word mark appears less prominent than the product name.
- The product is in fact made of, compatible with or designed for the referenced Rema product.
- The reference to Rema does not create a sense of endorsement, sponsorship, or false association with Rema or Rema products or services.
- The use does not show Rema or its products in a false or derogatory light.
3. Websites
Web sites that serve only as noncommercial electronic informational forums concerning a Rema product or technology may use the appropriate Rema word mark, provided such use complies with the guidelines set forth in Section 2 above.
II. (UN)AUTHORIZED USE OF REMA TRADEMARKS
Without the prior written consent of Rema is strictly prohibited:
1. Company, Product, or Service Name
You may not use or register, in whole or in part, Rema or any other Rema trademark, including Rema-owned graphic symbols, logos, icons, or an alteration thereof, as or as part of a company name, trade name, product name, or service name except as specifically noted in these guidelines.
2. Rema Logo and Rema-owned Graphic Symbols
You may not use the Rema Logo or any other Rema-owned graphic symbol, logo, or icon on or in connection with web sites, products, packaging, manuals, promotional/advertising materials, or for any other purpose except pursuant to an express written trademark license from Rema, such as a reseller agreement.
3. Variations, Takeoffs or Abbreviations
You may not use an image or other variation of the Rema logo for any purpose. Third parties cannot use a variation, phonetic equivalent, foreign language equivalent, takeoff, or abbreviation of a Rema trademark for any purpose.
4. Disparaging Manner
You may not use a Rema trademark or any other Rema-owned graphic symbol, logo, or icon in a disparaging manner.
5. Endorsement or Sponsorship
You may not use Rema, or any other Rema trademark, including Rema-owned graphic symbols/logos, or icons, in a manner that would imply Rema‘s affiliation with or endorsement, sponsorship, or support of a third party product or service.
6. Rema‘s Trade Dress
You may not imitate the distinctive Rema packaging, web site design, logos, or typefaces.
7. Slogans and Taglines
You may not use or imitate a Rema slogan or tagline.
8. Domain Names
You may not use an identical or virtually identical Rema trademark as a second level domain name.
If and to the extent of use of the Rema trademarks as per this clause II, upon termination of the commercial relationship with Rema for whatever cause and whether the use as per clause II was authorized by Rema or not, any such use must be terminated with immediate effect and/or (as Rema will indicate) assigned or transferred (without any compensation) to Rema and without any right of set of or suspension.
III. RULES FOR PROPER USE OF REMA TRADEMARKS
- Trademarks are adjectives used to modify nouns; the noun is the generic name of a product or service.
- As adjectives, trademarks may not be used in the plural or possessive form.
- An appropriate generic term must appear after the trademark the first time it appears in a printed piece, and as often as is reasonable after that.
- Always spell and capitalize Rema‘s trademarks accordingly. Do not shorten or abbreviate Rema product names. Do not make up names that contain Rema trademarks.
IV. PROPER TRADEMARK NOTICE AND ATTRIBUTION
- On any product, product documentation, or other product communications use the appropriate trademark symbol (®) the first time the Rema trademark appears in the text of the advertisement, brochure, or other material.
- Refer to the correct Rema trademark, spelling, colours of the trademark, and generic term to use with the trademark.
- Include an attribution of Rema‘s ownership of its trademarks within the credit notice section of your product, product documentation, or other product communication.
For example:
Rema® is a registered trademark of Rema Holland B.V.
V. DEPICTIONS OF REMA PRODUCTS
1. Endorsement or Sponsorship
Rema does not support the use of its logos, company names, product names, or images of Rema products by other parties in marketing, promotional or advertising materials as their use may create the perception that Rema endorses or sponsors the product, service or promotion.
2. Compatibility
If you are a dealer, you may show an image of a Rema product in your promotional/advertising materials to depict that your product is original Rema, provided you comply with the following requirements:
- Your product is in fact an original Rema product.
- The image is an actual photograph of the genuine Rema product and not an artist‘s rendering (Note: You must obtain express written permission from Rema before using any photograph owned or licensed by Rema).
- The Rema product is shown only in the best light, in a manner or context that reflects favorably on the Rema products and on Rema.
- The reference to Rema does not create a sense of endorsement or sponsorship by, or other false association with, Rema or Rema products.
For further information with respect to Rema‘s trademark rights, please submit your request in writing to the board of directors ( board@rema.eu ).
VI. CHANGES TO THESE GUIDELINES
- Rema reserves the right to change these Guidelines at any time. The most current version of these Guidelines may be found on Rema‘s website.
- When changes are made to the Guidelines a notice shall be placed in Rema‘s email newsletter.
- The most current version of the Guidelines shall supersede all previous versions.
VII. WAIVER
No failure or delay by Rema in exercising, wholly or partially, any of its rights with regard to any breach or default of these Guidelines shall constitute a waiver of such rights and no waiver of any such breach or default shall be deemed to constitute a waiver of any other rights or any subsequent or continuing breach of default.
VIII. ENTIRE AGREEMENT
- These Guidelines constitute the entire agreement and understanding of the signature party below and Rema Holland B.V. on Rema trademark use and shall supersede any previous agreement between the parties relating to that subject matter.
IX. APPLICABLE LAW
- This Agreement shall be governed and construed in all respects (only) in accordance with Dutch Law and shall be subject to the exclusive jurisdiction of the Court of Rotterdam, The Netherlands.
- The applicability of the Convention on Contracts for the International Sale of Goods 1980 (CISG) is explicitly excluded.