DLMS UA Certification Trademark(s) Copyrights License.

  • Subject to Art. 5, DLMS UA Member and DLMS UA Member’s Affiliate(s) shall recognize the substantial goodwill in the DLMS UA Certification Trademark(s) and shall comply with the instructions described in DLMS UA Certification Trademark(s) Guidelines (“Appendix C”), amended from time to time by DLMS UA Board of Directors as defined in the DLMA UA Internal Regulations (Bylaws), regarding the use, appearance and placement of the DLMS UA Certification Trademark(s).
  • For Certified Products released to market prior the starting date of the DLMS UA Qualification Program scheduled to be launched as of April 1st 2021, each DLMS UA Member and DLMS UA Member’s Affiliate(s) have the possibility to request for the Certified Product the right to use the new DLMS UA Certification Trademark(s). The DLMS UA Member and DLMS UA Member’s Affiliate(s) desiring to take advantage of such a possibility will be offered for a short track procedure of the DLMS UA Qualification Program at discounted price which will be communicated to all members prior the launch of the new DLMS UA Qualification Program, short track and discount which will remain effective until 31st December 2021.
  • For each product or service submitted by DLMS UA Member and DLMS UA Member’s Affiliate(s) in Good Standing as defined in the DLMS UA Internal Regulations (Bylaws)) to the DLMS UA Qualification Program, embedding part or all of the DLMS UA IP and having successfully fulfilled the requirement and eligibility as set forth by the DLMS UA QPP and which has successfully passed the DLMS UA Qualification Requirements obtain a worldwide, royalty-free, non-exclusive, transferable, license to bind the DLMS UA Certification Trademark(s) with the product, and use it for marking such DLMS UA Members’ and DLMS UA Member Affiliate(s)’ DLMS UA Certified Product and all the technical or commercial documentation associated to such a product or only on all the technical or commercial documentation associated to such a product, if the DLMS UA Certification Trademark(s) cannot be marked on the Certified Product due to limited space.
  • DLMS UA Member and DLMS UA Member’s Affiliate(s) may use the DLMS UA Certification Trademark(s) solely as expressly permitted by the DLMS UA Certification Trademark(s) Guidelines as per Appendix C.
  • DLMS UA Member and DLMS UA Member’s Affiliate(s) shall not use the DLMS UA Certification Trademark(s) in a fashion or manner that is likely to reduce, diminish or damage the goodwill, value or reputation associated with the DLMS UA Certification Trademark(s). The DLMS UA Certification Trademark(s) shall therefore not be used by a DLMS UA Member and DLMS UA Member’s Affiliate(s) in connection with inappropriate, unlawful, or forbidden by laws.
  • DLMS UA Member and DLMS UA Member’s Affiliate(s) shall ensure that its DLMS UA Certified Products embedding DLMS UA IP once identified by the DLMS UA Certification Trademark(s) shall comply with the DLMS UA Qualification Requirements at all time.
  • Notwithstanding any provision of this right and obligations defined as per the Art. 5 and Art 6, DLMS UA Member and DLMS UA Member’s Affiliate(s) is not obligated to use any of the DLMS UA Certification Trademark(s) on any commercial document advertising, DLMS UA Members’ and DLMS UA Member’s Affiliate(s)’ DLMS UA Certified Products. DLMS UA Member and DLMS UA Member’s Affiliate(s) is not and shall not be obligated to refer to DLMS UA or publicize member’s DLMS UA Membership therein in connection with use of the DLMS UA Certification Trademark(s), except for what is stated in the DLMS UA Certification Trademark(s) Guidelines (“Appendix C”).
  • The DLMS UA Member and DLMS UA Member’s Affiliate(s) shall not use, adopt, or register any mark, service mark, certification mark, or Trademark(s) likely to cause confusion with the DLMS UA Certification Trademark(s) in accordance with applicable laws.
  • The DLMS UA Member and DLMS UA Member’s Affiliate(s) may not use or adopt any trademarks other than DLMS UA Certification Trademark(s) in association with DLMS UA IP, except with the approval of the DLMS UA Executive Director.
  • Misuse of the DLMS UA Certification Trademark(s) of a member in Good Standing will be notified by written and will cause the immediate DLMS UA Membership Agreement suspension. If the misuse is not corrected within thirty (30) days from the date of the written notification by DLMS UA, DLMS UA Membership Agreement immediate termination will be notified and applied.
  • DLMS UA reserves its rights to undertake any legal action against members misusing the DLMS UA Certification Trademark(s) or those members having lost its Good Standing status but still using the DLMS UA Certification Trademark(s) beyond the limit set forth in Art 5.3.