Trademark Usage Guideline

FLANAT Research Italia Srl Trademarks (hereinafter “FLANAT” and “FLANAT’s Trademarks”) are among our most valuable assets. In order to preserve and protect the FLANAT’s Trademarks, it is essential that they are used properly.

Any use outside what is expressly allowed is not permitted. Failure to follow and comply with these Trademark Usage Guidelines, or any specific guidelines set forth in your agreement with FLANAT, then FLANAT retains the right to modify or revoke the license or authorization, if already granted, to use FLANAT’s Trademarks, without prejudice for FLANAT’s right to seek compensation for damage at law or inequity.

These Guidelines apply to partners, distributors, CDMO’s and Finish product developers who have a license or permission to use FLANAT’s Trademarks written agreement with FLANAT. The use of any trademark owned, whether registered or not, by FLANAT is subject to express written agreement and ruled by the following terms and conditions:

  1. Definition. FLANAT’s Trademarks refers to specific line of ingredients, ingredients itself, extraction process or any other intellectual property of FLANAT identified with specific denominative and/or figurative marks.

  2. FLANAT’S Trademark(S) on finished products. FLANAT’s Trademarks may, subject to the provisions of the Trademark License written Agreement, be used on product packaging containing the finished products incorporating FLANAT’s ingredients identified by said trademarks, as well as in any promotional or advertising materials of Finished Products, in addition to the name of the Finished Products’ manufacturer and the trademark or name of the finished product.

  3. Finished Product Name. FLANAT’s Trademarks must be printed using a smaller font size than the one used to identify the Finished Product trademark or name and shall not, in any event, be displayed as to appear more prominent than the corporate name or the trademark or name of the finished product. FLANAT’s Trademark(s) shall not be used in a misleading manner inducing buyers of the finished product to believe either that FLANAT, or any of its affiliates, is the manufacturer of the finished product or that the finished product could contain FLANAT’s ingredient whilst this is not true in all or in part.

  4. Artwork approval. Any finished product artwork shall be authorized by FLANAT in writing before printing. Failure to obtain FLANAT’s written authorization will result in the automatic termination of the Trademark License Agreement.

  5. Claiming activities. The use of FLANAT’s Trademarks in finished products claiming activities that have not already been confirmed or published as a result of any FLANAT’s research activity is not allowed without specifically written authorization by FLANAT.

  6. Similar ingredients in the Finish Product. The use of FLANAT’s Trademarks in finished products containing FLANAT’s ingredients blended with other ingredients belonging to the same botanical family or with the same ingredient of synthetic origin is expressly not allowed.

  7. Ownership. Any mention of FLANAT’s Trademarks must be accompanied by the statement “Trademark of FLANAT Research Italia S.r.l.”.

  8. SALE OF FLANAT’S INGREDIENT. FLANAT’s Trademarks cannot be used to identify FLANAT’s ingredients resold as such, unless upon FLANAT’s authorization.v

  9. Reverse engineering. FLANAT’s ingredients, or patent technologies used by FLANAT to manufacture the ingredients, cannot, directly or indirectly, be copied, modified, reverse-engineered, designed around, decompiled, altered, used to create other works from, disassembled or otherwise attempted in any way to derive or determine characteristics, such as sequence or product characteristics, physical properties, composition or molecular structure of any products, prototypes or material(s), in order to reproduce or create something analogous and, in any case, with the objective to undertake or to attempt to file any proprietary rights on the Trademark or on the technology used to manufacture the ingredient.

  10. Confidentiality. Any confidential data and information disclosed by FLANAT, which concerns FLANAT’s activities or products, including the ingredient and FLANAT’s Trademarks (the "Confidential Information"), must be kept strictly secret. Disclosing the Confidential Information to any other persons, bodies or entities must be refrained, these Confidential Information must be used only for the purposes of what explicitly authorized.Any reproduction of any confidential information shall remain the property of FLANAT and shall contain any and all confidential or proprietary notices or legends which appear on the original, unless otherwise authorized in writing by FLANAT. Computer files, copies, extracts or other reproductions thereof in whole or in part, containing or representing confidential information and all copies thereof which are in the possession of FLANAT, shall be and remain the property of FLANAT.

  11. Trademark(s) rights. FLANAT’s Trademarks must not be registered in countries where the same are not registered and no rights from use of the Trademarks must be derived.

  12. Indemnification. FLANAT is not responsible and shall not be liable for any use of FLANAT’s Trademark outside the scope of the Trademark License Agreement and these guidelines. FLANAT will be held harmless and indemnified from and against any damages arising from or related to:

    1. any use of FLANAT’s Trademarks outside the scope granted by the Trademark License Agreement;
    2. labelling, marketing, sale or distribution of the finished product bearing, using or otherwise exploiting FLANAT’s Trademarks leading to any infringement of third party’s right and/or any use in violation of applicable laws, regulations and regulatory dispositions;
    3. use of FLANAT’s Trademarks on a product which infringes the law;
    4. any untruthful statement or indication on the packaging of the finished product about the registration status of FLANAT’s Trademarks in the nation where finished product is sold;
    5. any untruthful statements or indications about existence or status of patent rights related to the FLANAT’s ingredient.
  13. Applicable Law. These Trademark Usage Guidelines are governed by Italian law without reference to its conflict of laws principles. Any disputes concerning these Trademark Usage Guidelines and the Trademark License Agreement shall be submitted to the sole jurisdiction of the Court of Como, Italy.

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