Trademark Issues

Supplementary Royalty Free Licensing Agreement for the use of "der Gr√ľne Punkt" ("The Green Dot")


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Why sign a world-wide licence contract for non-"Green Dot" countries?

  • Free world-wide usage of trade mark "The Green Dot" in non-"Green Dot" countries (except UK and NAFTA-AREA)
  • Profiting from participation in Green-Dot-systems: 
  • over 20 years experience!
  • offering legal security, reliability and service!

General remarks:

"The Green Dot" on packaging means that for such packaging a financial contribution has been paid to a qualified national packaging recovery organisation that has been set up in accordance with the principles defined in European Packaging and Packaging Waste Directive 94/62 and the respective national law. Today, self-help-organisations in 28 countries are using the Green Dot as financing symbol to finance the organisation of the collection, sorting and recovery of used (mainly household) packaging.

It is extremely important to protect the Green Dot in the best possible way for several reasons:

  • To ensure the functioning of the income of the green dot schemes by licensing this mark to the obliged fillers and retailers
  • To ensure the possibility for setting up other self-help-organisations of industry using the green dot
  • To ensure that no third parties may ask royalties from our licensees using the green dot on their packaging.

Moreover, "systems" or waste management companies having different business objectives might position themselves on the basis of a "similar" Green Dot without having any contractual relationship with PRO EUROPE, its member schemes and the supporting fillers and retailers.

Therefore, PRO EUROPE respective its German member organisation DSD have obtained and defended, through registrations, trademark rights in approximately 170 countries all over the world. Besides the application, registration and defending of a trademark it is necessary to prove the legal use of a trademark.

Regarding all other countries (that means countries where no Green Dot schemes or co-operation partnership exists) PRO EUROPE and its members have decided to offer a royalty-free world-wide licence agreement which can be downloaded on this homepage.

Country information for UK and Canada:

PRO EUROPE has entered into licence agreements with the company Stewardedge, Toronto, Canada and with the company Valpak UK Ltd., London, England, which entitles and obliges these companies to licence and supervise the trade marks in these countries in accordance with the provisions of their agreements, although no Green Dot recovery systems are currently operating in Canada and England. The reason for this agreement is the great importance of these two economic regions. These two partners are responsible for ensuring that the companies selling or distributing products in Canada, U.S. and Mexico or, respectively, the UK which carry "The Green Dot" and wishing to display it are not confronted with claims by a holder of a similar trade mark.

Our co-operation partners agreed to ensure the protection of the Green Dot in the respective licence territory. Therefore, they offer licence agreements for the use of the Green Dot on packaging which is intended to be distributed in the UK. Interested entities are asked to get in contact with Valpak. Companies who distribute packaging in the U.S., Canada and/or Mexico are asked to contact Stewardedge. Contact details can be found on the respective homepage.

Aside from granting corresponding world-wide licences, the subject matter of these agreements also includes the duty to inform and to assist PRO EUROPE/the trademark owner in defending trade marks. This is imperative for an effective protection because proof of use in administrative and court proceedings can only be furnished if appropriate usable information is furnished by the licensees.

Content of the contract

By signing the agreement the licensee gets the right to use the Green Dot in non-European countries with the exception of Canada, Mexico and the U.S. Of course this free of charge service is limited to those kinds of packaging which are licensed in minimum to one Green Dot system so that it is in the interest of the licensee to have one kind of packaging and not to differentiate between Green Dot and Non-Green Dot countries.

On the other side the licensee is obliged to inform Pro Europe/DSD on request, in which countries and on which kind of packaging the mark is used to support the world-wide protection of the Green Dot. 

please send an e-mail to: info@pro-europe.info

 

 

Information for Italian companies exporting packaging labelled with the Green Dot