Affix with an apostille
USERS AGREEMENT
In …………………………….. the ….. day of …………………, 200 ….
BETWEEN:
- ……………………………………..
legally represented, whose statutory address is in …………………………….
herein called "Owner" and
- ……………………………………..
legally represented, whose statutory address is in …………………………….
herein called “User”
the following agreement has been made:
NARRATIVE
The owner is the proprietor in Greece of the trade mark :
……………………………, No. ……………, for goods of the classes ……….
……………………………, No. ……………, for goods of the classes ……….
and has marketed the products covered by the above mentioned trade mark.
It has been agreed between the parties, that the user will produce and market the products covered by the above mark in Greece according to the standards of quality fully agreed between the parties and continuously supplied with all necessary information for that purpose and he will continuously be supplied.
PERMISSION TO USE
The owner hereby grants to the user on the terms herein set forth the exclusive /non exclusive permission and the user accepts to use the above trade mark upon or in relation to the products, which are put on the market for use or consumption in Greece.
The user, under the close supervision of the owner, will follow the specifications, technical data and KnowHow of the owner used in relation to materials and workmanship to achieve the quality standard of the owner for the products and services and he will not use the trade mark on any products, which do not attain this standard of quality.
SUB-LICENSE
The user ONLY after a prior written approval of the proprietor will have the right to appoint sub-users of the trade mark in Greece under the same clauses and conditions.
DURATION
This agreement has been commenced of indefinite period of time, shall come into operation as of the day of 200 …. and shall continue without limit of time, until either one of the parties terminates it
or
This agreement has been commenced of indefinite period of time, shall come into operation as of the day of 200 …. and shall continue without limit of time, until either one of the parties terminates it by giving ….. months notice
or
This agreement has been commenced of definite period of time, shall come into operation as of the day of 200 …. and ends on the …………………
FINANCIAL ARRANGEMENTS
The financial arrangements have been agreed and defined in a separate appointment.
PROTECTION
The user by the present has the right to use of the trade mark for the said products and is entitled pursuant to art. 16 par. 4 of the Law 2239/1994 to protect it in his own name against any infringement by lawsuits and injunctions based on the trade mark and unfair competition laws, claiming at the same time the priority of the owner, rights which are expressly granted to the user.
The owner is also entitled to protect the trade marks in his own name, and is entitled to exercise it either jointly with the user or separately.
The owner undertakes the obligation on user's request to participate either as a main party or after intervention in possible lawsuits and he will bear the cost only if he insists on appointing a lawyer elected by him; otherwise the cost will be borne by the user.
REGISTRATION AND REMOVAL OF THIS AGREEMENT
The parties hereto agree that they will by themselves or their authorised agents, attorneys, or people apply to the appropriate Authorities and Tribunals to record or register this agreement in the Register of Trade Mark in Greece and to record the user as a permitted user. On termination or expiration of this agreement either party shall be entitled to notify any of such Authorities, where this agreement has been recorded, of its cassation and require the cancellation of any entry in such register.
POWER OF ATTORNEY
The parties declare that constitute and appoint the Law Firm “THANOS MASOULAS AND PARTNERS” and the lawyers of the Firm Messrs Thanos Masoulas, Athina Masoulas, Apostolos Theodorou, Christina Masoulas and Irene Limnioudis Lawyers in Athens, 11 Sina Street, with whom, separately, they elect domicile in Greece in this specific issue, to act conjointly or separately as true and lawful attorneys with the special power to sign and submit to any Authority and Court every application and document, to make and sign every act and declaration, to appear and represent them before any Court and Authority, to pay the Government's fees and generally to proceed to every act for the fulfilment of the aforesaid assignment in compliance with the respective laws and degrees, to accept service of documents in Greece and to appoint one or more substitute lawyers with the same or less powers and to revoke them.
And they agree to accept and ratify whatever the aforesaid lawyers will do by virtue of these presents.
IN WITNESS whereof the parties hereto have executed, written and signed this deed the day and year first above written.
THE PARTIES
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