Trade Mark

Trade Mark

Trade Mark

A Trade Mark is a way of identifying a unique product or service. It’s a form of brand or name protection that distinguishes between your products or services and those belonging to your competitors. Trademarks are protected by intellectual property rights.

HOOKAH FRUITS PTY LTD registered Trade Marks to have exclusive rights to that mark, which makes it easier for us to take legal action to prevent others from using it. As you may be aware, the registered Trade Mark is different to business, company and domain names.

HOOKAH FRUITS PTY LTD is the owner of registered Trade Marks ‘’Hookah Real Sliced Fruits®’’, ‘’HOOKAH FRUITS™, and the ‘’Hookah Real Sliced Fruits Logo®’’ in Australia, the USA, the UK, the UAE and Europe. For the other countries, the application has been filed through the Madrid protocol and is being processed.

License to Use Trade Marks

The following provisions demonstrate the acknowledgement of our IP ownership, license to use our IP, restrictions on applying for our Trade Marks and indemnification for any breach of those terms.

  • The seller is the owner of the Trade Marks listed in the Schedule concerning the Goods (the HOOKAH FRUITS Trade Marks). The term HOOKAH FRUITS Trade Marks shall also include all other possible rights owned by us concerning the names and logo as specified in the Schedule in particular trademarks acquired by use, copyrights and design rights concerning the logo and goodwill relating thereto.
  • The Buyer acknowledges the Seller’s exclusive rights in the HOOKAH FRUITS Trade Marks. The Buyer also acknowledges that a valuable reputation and goodwill are connected with the HOOKAH FRUITS Trade Marks that constitute a valuable asset of the Seller.
  • The Seller hereby grants the Buyer an exclusive, non-assignable, royalty-free and revocable license to use the HOOKAH FRUITS Trade Marks in connection with the promotion and sale of the Goods in the Territory.
  • The Buyer shall not register and/or apply to register the HOOKAH FRUITS Trade Marks or any other sign that is confusingly similar to the HOOKAH FRUITS Trade Marks for any product and/or service.
  • The Buyer acknowledges that any and all uses of the HOOKAH FRUITS Trade Marks by the Buyer inure solely to the benefit of the Seller and that the Seller owns all rights concerning the HOOKAH FRUITS Trade Marks. Nothing in this Agreement shall obligate the Seller to register further Trade Marks or to maintain the HOOKAH FRUITS Trade Marks. The Seller shall handle the HOOKAH FRUITS Trade Marks at its own discretion.
  • The Buyer shall use the HOOKAH FRUITS Trade Marks only in the forms as described in the Schedule and in particular agrees to make appropriate use of “™” or “®” designations, or other designations and notifications concerning the Trade Marks ownership if requested by the Seller. The Buyer may not integrate any of its and/or any other third-party names, Trade Marks, logos, or designs into the HOOKAH FRUITS Trade Marks nor may the Buyer integrate the HOOKAH FRUITS Trade Marks into any of its own names, Trade Marks, logos or designs. The Buyer shall furthermore solely use the HOOKAH FRUITS Trade Marks in direct connection with the Goods and solely in such a manner, that it is completely clear that the HOOKAH FRUITS Trade Marks are being used relating to the Goods. The Buyer shall not use the HOOKAH FRUITS Trade Marks in a manner that creates confusion as to the source of the Goods or that in any way indicates to the public that the Buyer is an affiliate of or otherwise related to the Seller.
  • The Buyer acknowledges the goodwill associated with the HOOKAH FRUITS Trade Marks and will not bring into disrepute or otherwise damage the HOOKAH FRUITS Trade Marks. The Buyer shall in particular not make misleading or damaging statements concerning the Goods or other uses of the HOOKAH FRUITS Trade Marks.
  • The Buyer shall ensure that the Goods used in connection with the HOOKAH FRUITS Trade Marks are of high and consistent quality, comply with all safety standards, have a premium appearance and do not adversely affect the reputation of the HOOKAH FRUITS Trade Marks.
  • The Buyer shall notify the Seller without delay in writing about infringements or possible attacks concerning the HOOKAH FRUITS Trade Marks. Only the Seller shall be entitled (but not obligated) to defend and/or enforce the HOOKAH FRUITS Trade Marks against third parties.
  • The Buyer agrees to indemnify, defend and hold the Seller harmless from all losses, costs, liabilities and expenses of the Seller arising from claims concerning the Buyer’s use of the HOOKAH FRUITS Trade Marks, Goods or marketing materials which are not in conformity with the provisions of this Agreement or due to the distribution, marketing, advertisement, promotion, sale or other uses of the Goods or marketing materials, except where such claims arise solely and directly from the Goods used in accordance with the Seller’s specifications.

You are able to check our registered Trade Marks through the official Trade Mark databases. Links to these databases are:

  • IP Australia– Australian Trade Mark Database
  • IPONZ– New Zealand Trade Mark Database
  • USPTO– US Patent and Trade Mark Office
  • WIPO– Global Brands Database (covers Trade Marks filed via the Madrid Protocol and their designated countries (over 100 countries)
  • TM View– EU national IP Offices, the European Intellectual Property Office and a number of international partner offices outside the EU
  • UK Intellectual Property Office– UK Trade Mark Database
  • ASEAN TMView– ASEAN Member States

 

We pride ourselves on our commercial approach to our IP and branding that are viable, available and protected. We like to think that we are different to our competitors.

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