|§ 1. Place
Sercos International e. V. is headquartered in Kueblerstrasse 1, 73079 Suessen, Germany, and is being entered in the Associations Register Frankfurt/Main (No. 9582). The Association is represented in and out of court by the chairman and another member of the Board of Directors.
§ 2. Purpose
The purpose of Sercos International e. V. is the international dissemination of a standardized communication system for networking of drives and controls for NC-controlled machines under the Trademark
"Sercos", to the market and supervision of features of products in connection with their Certification Mark.
The Association pursues this purpose by:
|| Creating technical specifications for the additional development of
Sercos and the enhancement of the standard.
|| Granting rights to use the
|| Maintaining a Certification Office.
|| Authorizing Test Centers.
Determination of the Rights to Use the Trademark
|| The prerequisite for the right to use the
Sercos Trademark is a written application to Sercos International e. V.
|| The Board of Sercos International e. V. has the authority to grant applicants the right of using the
Sercos Trademark for products fulfilling all testing criteria set up by
Sercos International e. V. The Board of Directors will exercise its own judgement in granting this right. The granting of the right to use the
Sercos Trademark implies that the applicant obligates under contract the
fulfillment of all duties and restrictions connected with these Statutes.
|| Expert witness examination reports are issued by Test Centers authorized through
Sercos International e. V. Applicants must contact an authorized Test Center in order to obtain an expert witness examination report. The Test Center will invoice the applicant for expenditures for consulting and execution of the required technical testing.
|| Following the application for the right of using the
Sercos Trademark, Sercos International e. V. will issue a certificate on condition of:
-- a certificate from the Test Center, confirming the fulfillment
of all test criteria,
-- payment of the respective fee according to § 5 and
-- obligation according to § 3.2 of these Statutes
§ 4. Conditions of Use of the Trademark
|| The Sercos Trademark shall only be used by authorized users in the registered layout on the respective certified product. An identification of characteristics and entirety shall be effected by
addendums to the registered Trademark, which form and use are defined in the Application
Guidelines adopted by the Association's Board.
|| The Sercos Trademark may also be used by the authorized users in business on letterheads, invoices, envelopes, brochures, advertisements and publications and the like.
|| According to § 4.2, Sercos
e. V. and their members have the right to use the registered Trademark,
even in the case where products have not been certified. Non-members have to apply for such a special agreement separately to the Board of Directors.
|| It is not permitted to modify in any manner whatsoever the
Sercos Trademark in its registered layout or to combine it with other elements than those defined in
|| Application for and the rights to use the
Sercos Trademark are not restricted to members of Sercos International e. V.
§ 5. Levy of Charges
Sercos International e. V. levies charges for expenses for administration and processing of certification, issuance of certificates and use of the
Sercos Trademark. These charges correspond to the respective schedule of fees (3rd paragraph of the Application Guidelines for Trademark Statutes), set up by the Association's Board. Expenses for maintaining the
Sercos Trademark will be borne by Sercos International e. V.
§ 6. Protection of Rights
Sercos International e. V. is obliged to prosecute any third-hand-interference to authorized users in their use of the Trademark -- if necessary -- by course of law. Authorized users of the
Sercos Trademark shall promptly notify Sercos International e. V. of any and all infringements against the protection of the
§ 7. Termination of Rights of Use
|| Sercos International e. V. reserves the right to examine certified products according to § 3.4
hereinabove for compliance with the testing criteria. The right to use the
Sercos Trademark will be withdrawn if the authorized user is not able to rectify a non-compliance determined by a surveyor of an authorized Test Center within a given term.
|| The right to use the Sercos
Trademark shall lapse automatically in the case that the authorized user modifies a previously certified product in any way to affect compliance with the testing criteria.
|| In the event of a non-compliance as stated above, the authorized user of the
Sercos trademark bears all costs for examination and warnings according to § 5.
|| The Board of Sercos International e. V. decides on the term within which the non-compliance has to be rectified, as well as on the withdrawal of the right of use.
§ 8. Transferability
The right of using the Sercos Trademark is personal to the respective applicant and not transferable to other persons or companies.
These Trademark Statutes have been agreed upon by the Board of
Sercos International e. V. on October 5th, 1993.