I/a The definition of intellectual property, its value, protection and basic rights of use
We are happy to inform you that the trademarks of JULIUS-K9® and all major product groups (leashes, dog harnesses, dog toys, etc.) (K9®, IDC®, Lumino®, etc.) are protected under the trademark law within the borders of the European Union. JULIUS-K9 Zrt. (Hungary) as the trademark owner and K9-Sport Kft. (Hungary) as the manufacturer of JULIUS-K9® products (hereinafter together referred to as JULIUS-K9®) guarantees a maximum level of brand safety for all its trading Partners. JULIUS-K9® as the owner of trademarks and other indications not protected under the trademark law, product logos, quality product awards and product information such as product photos, descriptions, informational figures, product safety instructions, photos, videos and music, hereinafter referred to as ‘intellectual properties’ provides advantageous conditions of use in order to guarantee successful and safe trading for its partners.
JULIUS-K9® pays particular attention to brand protection, and supports partners whose long-term business plans include the protection of the brand’s reputation and the advertising of the brand name, on every continent. JULIUS-K9® protects the reputation of the brand and pays special attention to the conscious and high-quality representation of its intellectual properties in order to provide its traders with the opportunity to sell its products at a PREMIUM price.
I/b Use of JULIUS-K9® trademarks and the introduction of Logo Guideline 2017
The well-known figurative or graphic format and colour of the brand names inspire trust in customers and encourage consumption.
Logo Guideline 2017 is a compilation of the current (figurative+textual) trademarks of JULIUS-K9® and contains the trademarks that may be used by the contracted partners of JULIUS-K9® for marketing original JULIUS-K9® products and for advertising JULIUS-K9® products. The content and number of trademarks that may be used by JULIUS-K9®’s partners may vary. The permitted trademarks are listed in the latest Logo Guideline. In case individual guidelines are set out for a partner by JULIUS-K9® for trademark usage, the partner shall follow these, irrespective of what the latest Logo Guideline says on the matter.
Those partners are contracted who have accepted JULIUS-K9®‘s General Contracting Terms and Conditions or General Terms and Conditions of Trademark Usage or have received direct authorization from JULIUS-K9® in the form of an individual contract allowing them to use our figurative trademarks.
In order to conclude contracts, we ask you to send us scanned or photographed copies of these documents signed by the authorized person, either via e-mail (firstname.lastname@example.org) or by fax.
In case the General Contracting Terms and Conditions and/or General Terms and Conditions of Trademark Usage are not available in a given language, we shall translate them upon request. The prevailing language of the contracts is German.
I/c Rules of brand and logo usage in shops and showrooms and at trade fairs
In case you wish that the sale of JULIUS-K9® products serve a significant role in your shop or showroom and thus wish to take advantage of the popularity of our logos, you may be allowed to comprehensively use our logos given that you accept and abide by the General Terms and Conditions of Trademark Usage. In case you wish to display trademarks made of textile, plastic or paper, or other advertisement material displaying trademarks in a dominant role in your shop for purposes of advertising and selling JULIUS-K9® products, you can order such materials from us after accepting the General Terms and Conditions of Trademark Usage and/or General Contracting Terms and Conditions (or in case of an individual contract).
You can download the list of available advertisement materials from here.
I/d Trademark and logo usage in respect of non-business activities
Using the trademarks (brand marks) in connection with clientele-specific activities of JULIUS-K9® or by related non-profit or other foundations, associations and organizations organizing sporting events (e.g. dog schools, dog therapy centres, training centres, dog-related events held in compliance with the relevant legislation, etc.) fall under the rules governing non-economic activities and as such are permitted, provided that such use of the trademarks does not tarnish the reputation of JULIUS-K9® and its products. According to the general rules on this matter, such organizations may only display logos, figures or promotional materials manufactured by or with the consent of JULIUS-K9®, and solely for the purpose of promoting JULIUS-K9® products.
I/e Trademark and logo usage in respect of related enterprises
Trademark usage of enterprises related to dogs but not distributing any products (such as veterinaries, dog grooming salons, etc.) falls under the regulation for non-economic usage. These organizations may only display logos, figures or promotional materials officially published by JULIUS-K9® and manufactured by or with the consent of JULIUS-K9®, and solely for the purpose of promoting JULIUS-K9® products. The use of advertisement and promotion materials shall not give the consumer the impression that the enterprise and JULIUS-K9® have concluded an exclusive contract or a contract of any other nature. Neither can it mislead or confuse the consumers and give undue advantage to the enterprise as opposed to official JULIUS-K9® trading partners. Enterprises may not tarnish the reputation of JULIUS-K9® when using the brand.
I/f Basic rights of JULIUS-K9® distributors in respect of brand name usage
Using JULIUS-K9® brand names in a written format is a basic right of all partners distributing JULIUS-K9® products, given that such usage is in compliance with the relevant legislation and the provisions of the contracts. When using the brand names of JULIUS-K9®, the distributors shall not convey towards third parties the false impression that JULIUS-K9®’s brand names are their properties, that they have proprietary rights deriving from them or that they have broader rights than they were actually given.
Accepting the General Contracting Terms and Conditions or the General Terms and Conditions of Trademark Usage, or conducting individual contracts, as well as compliance with the law are the precondition of using our figurative trademarks and logos. In case the aforementioned conditions are not met, the right of using the figurative trademarks cannot be granted. (Except in case of trademarks indicated on JULIUS-K9® products and their passing along in intact form.) These partners may display the trademarks on their websites or physically in word format and for informative purposes. The following brand names may be used for informative purposes in written form for distributing or advertising our products within the European Union (EU) in 2017:
- JULIUS-K9® – may generally be used for all products and product groups distributed by JULIUS-K9®.
- IDC® – may usually be used for dog harnesses, accessories, leashes, collars and dog toys distributed by JULIUS-K9® under this brand name. They shall not be used, however, for work uniforms or fashion clothing.
- K9® and K-9® – may usually be used for fashion clothing and work uniforms with the exception of footwear and for training and protective devices, dog toys, dog gear – such as leashes, collars, harnesses, bags, belts or straps – in the EU and Switzerland and Norway.
- Powergeschirr® – may usually be used in Germany and Austria for IDC® and K9® dog harnesses.
- Lumino® – may usually be used for leashes and collars that are distributed under this brand name.
- Color & Gray® – may usually be used for leashes, collars and harnesses that are distributed by JULIUS-K9® under this name.
- FLYING BOMB® and FLIEGERBOMBE® – may usually be used for training sleeves that are distributed by JULIUS-K9® under this name.
- STEALTH® – may typically be used for dog harnesses, leashes and muzzles that are distributed by JULIUS-K9® under this name primarily for service dogs.
- Copycats look the same, but real dogs know the difference!® – may be used as a slogan for products manufactured and distributed by JULIUS-K9®. Its use draws attention to the shortcomings of copied products available on the world market.
II/a Restrictions on trademark usage and other intellectual properties and conditions of online trade
We regulate the use of brand names and provide our partners with comprehensive information in order to protect their enterprises from costly legal disputes.
The dynamisms and structure of online trading is a hotbed of intellectual property misuse, therefore JULIUS-K9® strongly supports its partners against users acting in bad faith. In order to prevent misuse, word indications of JULIUS-K9® protected or not protected under the trademark law may only be used by JULIUS-K9® in domain names, company names and e-mail addresses. Partners may only use brand names of JULIUS-K9® in domain names if they have signed an individual contract. For that, they have to be actively participating in servicing, advertisement or branding activities. The owners of such websites shall immediately forward any reselling request they receive from outside Europe and any official notice they receive from any country (from courts, patent offices, etc.) to JULIUS-K9®.
Brand registration on market place websites is the exclusive right and task of JULIUS-K9®. Any different market practices are regulated under individual contracts.
II/b General warnings for use of brand names and other intellectual properties
Inadequate use of brand names either in textual or visual form and word trademark usage for inadequate products or product groups may adversely affect the interests of JULIUS-K9® and other brand owners what may result in costly legal procedures. JULIUS-K9® does not take financial or any other responsibility for costs arising from legal disputes with third parties, investigations or legally binding decisions resulting from illegitimate brand use, but is willing to provide any information needed for the quick and amicable settlement of such disputes.
In some particular cases, JULIUS-K9® may depart from the figurative trademark formats set out in Logo Guideline 2017, and it may also indicate them in figurative or textual form on the products. However, this does not authorize any traders or non-business users to deviate from the formats set out in Logo Guideline 2017. Partners are in all cases obliged to comply with the provisions of Logo Guideline 2017 and the guidelines set out by JULIUS-K9®. If they fail to do so, legal proceedings may be initiated.
Displaying advertisement material, logos and the intellectual properties of JULIUS-K9® for business purposes on surfaces that may give the clients false impressions of the JULIUS-K9® trademarks, where they are displayed in a way making it possible that the consumers will not be able to distinguish between them and other brand names and/or products, or if their presentation can in any way tarnish the reputation of JULIUS-K9® or its trading partners is not allowed. Purchasing eventual permits issued by third parties needed for displaying these materials is the responsibility and obligation of our partners, thus JULIUS-K9® does not bear any responsibility for such matters. No intellectual properties of JULIUS-K9® may be used in a context that is in contradiction with the public taste or the relevant legislation or may adversely affect the reputation of JULIUS-K9®. Modifying, partially covering, counterfeiting the advertisement materials and placing other logos on or beside them in a confusing manner is prohibited. Please, pay special attention to the space between JULIUS-K9® and other trademarks or logos when displaying them on online surfaces in order to avoid associating them with each other.
When using the intellectual properties in a given country, the partner must comply with the legislation and the relevant regulations in effect. JULIUS-K9® is not responsible for such compliance, but upon request it strives to share all available information and experience with its partners.
In case you receive any letter of notification in connection with the use of our intellectual properties, we ask you to immediately (within 2 days) contact JULIUS-K9® in either of the following manners, so that we may assess the legitimacy of the notification and take all necessary steps. JULIUS-K9® is not responsible for any damage arising from the failure to contact us.
Should you have any questions, comments or complaints concerning any intellectual property (such as trademark, patent or photo usage right), JULIUS-K9® asks you to contact our colleagues at JULIUS-K9® Trademark and Patent Controlling Group by sending an e-mail to email@example.com or by writing a letter to JULIUS-K9® Trademark and Patent Controlling Group. JULIUS-K9® is not responsible for any damage arising from the failure to do so.
II/c Use of photos, descriptions, graphics and videos presenting JULIUS-K9® products
The intellectual properties (figures, videos, other copyrighted works, etc.) of JULIUS-K9® may only be used by our contracted partners.
Safe marketing is based on providing comprehensive information on the use, storage, cleaning, size and safety of the products. JULIUS-K9® ensures customer satisfaction with thousands of figurative and video-based product placement practices that have been compiled with 20 years of experience. Should you want to use JULIUS-K9®‘s photos, drawings, videos or other copyrighted works owned by JULIUS-K9® for communication within your own corporate framework (e.g. for advertising purposes), please register on the marketing website of JULIUS-K9® in advance, and carefully read the General Terms and Conditions of Marketing.
The General Terms and Conditions of Marketing may be downloaded from here >>>
Brand registration on market place websites is the exclusive right and task of JULIUS-K9®. Any different market practices are regulated under individual contracts.
II/d Obligatory use of intellectual properties in online trading, outside the contractual provisions
In 2016, Product Safety Data Sheets and Instructions for Use have been published and are compulsory for the online trading of so-called special equipment (e.g. dog harnesses). The data sheets and the descriptions they contain are viewed as intellectual property and are protected by copyright. Altering or modifying them in any way or publishing translations of them that are not controlled by JULIUS-K9® is prohibited. They can, and shall only be used for authentic JULIUS-K9® products in order to ensure their correct and safe marketing unencumbered by risks arising from incorrect use of the products. JULIUS-K9® does not take responsibility for any case of online shopping in which the buyer had not received the Product Safety Data Sheet and Instructions for Use in advance. Upon the request of our partners, JULIUS-K9® is ready to cooperate in printing and translating obligatory intellectual properties. In case we judge it necessary based on our experience to always display a product alongside a video on an online trading website in order to ensure safe distribution, JULIUS-K9® may oblige its partner to use the informative video belonging to the given product (group). The videos may be used for free.
II/e The prohibition on sublicensing and transferring the rights of use
Authorization to use trademarks and other intellectual properties does not allow for our partners to give third parties permission to use them. Sublicensing the right to use our intellectual properties to third parties such as online marketplaces (e.g. Amazon, eBay, etc.) would usually mean a worldwide, discretionary transfer of rights, for which our partners are not authorized. Therefore, the consequences of such acts must in all cases be borne by the distributor uploading the product. Consequently, displaying and uploading figurative trademarks or other intellectual properties – such as videos, photos, product descriptions – to online marketplaces is the exclusive right and task of JULIUS-K9®.
Only JULIUS-K9® is authorized to upload JULIUS-K9® product photos and safety descriptions to online marketplaces. Since websites of such nature do not only demand comprehensive, discretionary and worldwide transfer of rights from the party uploading the product, but demand that the distributor assume all risks arising from the distribution and use of the product (e.g. risks arising from incorrect use, incorrect size choice, etc.).
II/f General responsibility obligations and the good reputation of the brand
JULIUS-K9® does not take responsibility for damages arising from false or deficient product sites or the absence of product safety descriptions or consumer information. On demand, the distributing parties must stop or prevent all activities resulting in damage to our reputation arising from customer complaint as a result of uploading the products in an illegitimate, deficient, incorrect or misleading way or of improper delivery, and/or reimburse all related expenses of JULIUS-K9® and/or third parties.
It is our common interest that JULIUS-K9® trademarks and other intellectual properties may only be used by entities that understand the responsibilities arising from them, their value and the consequences of incorrect or misleading trademark use. The consequent and compliant use of the trademarks is in the best interest of all our distributors thinking in longterm cooperation, because this way, our products can be easily recognized by the customers.
The good reputation of the brand is the key to prosperous salesmanship.
Illegitimate use of all intellectual properties and/or use carried out in bad faith and/or use that adversely affects the interests of JULIUS-K9® and its distributors may result in the revocation of the rights of use.
In case the legal relationship allowing the partners of JULIUS-K9® to use its intellectual properties is terminated for any reason whatsoever, the partner shall immediately stop using these properties.
II/g Responsibilities concerning distribution outside the European Union
In case you wish to distribute JULIUS-K9® products outside the European Union – especially in North America and the Far East –, we would like to inform you that you may become a victim of costly legal disputes if you fail to comply with the local trademark and quality requirements and regulations and the local agreements on trademark usage. Furthermore, it is possible that the use of certain trademarks, indications or logos is prohibited or restricted in certain countries. Thus, in order to avoid unnecessary risk, we ask you to notify us of any such intent in advance and in due time. If you fail to do so, JULIUS-K9® will not be able to take any responsibility whatsoever. In case you wish to distribute in regions listed in this paragraph, please, send a letter of notification immediately to JULIUS-K9® Trademark and Patent Controlling Group via regular mail or e-mail (firstname.lastname@example.org).
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I wish you a long and prosperous salesmanship!