Exhibit 10.8
TRADEMARK AND TRADE NAME LICENSE AGREEMENT
------------------------------------------
This Trademark and Trade Name License Agreement (the "Trademark License")
is made this 10th day of June, 1991, by and between Exide Corporation, a
Delaware corporation (the "Licensor"), and Yuasa Battery (America), Inc., a
California corporation (the "Licensee").
WHEREAS, Licensor has used the trade name "EXIDE" (the "Licenses Trade
Name") and used and registered the trademarks (the "Licensed Marks") listed on
Schedule 9.5 attached hereto; and
WHEREAS, pursuant to that certain Asset Purchase Agreement dated June 10,
1991, between Licensor and Licensee (the "Asset Purchase Agreement"), Licensor
has agreed to grant to Licensee the right to use the Licensed Trade Name and the
Licensed Marks within the scope of Licensed Business (as defined herein);
NOW, THEREFORE, in consideration of the premises and for other good and
valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto, intending to be legally bound, agree as
follows:
1. DEFINITIONS
-----------
Terms used herein with initial capital letters, if not defined herein,
shall have the meanings set forth in the Asset Purchase Agreement.
A. "Products" shall mean any batteries, battery products or battery
chargers for any and all industrial battery uses including, without limitation,
electric vehicle batteries (other than golf cart batteries manufactured at the
plant in Sumter, South Carolina), but excluding automotive, motorcycle, garden
tractor and marine use SLI batteries and battery products.
B. "Licensed Business" shall mean the design, research and development,
manufacture, marketing, sale and distribution of (i) Products manufactured by
Licensee as a result of the foregoing activities, to the extent such activities
were conducted by Licensor immediately prior to the Closing; (ii) Products
derived directly from research and development acquired from Licensor at the
Closing; and (iii) Products developed directly from the Products described in
Sub-clauses (i) and (ii).
2. GRANT
-----
Licensor hereby grants to Licensee, and Licensee hereby accepts from
Licensor, pursuant to the terms and conditions of this Trademark License, a
perpetual, exclusive, world-wide, royalty-free license to use the Licensed Trade
Name as a corporate name or trade name within the scope of the Licensed
Business, and a non-exclusive, perpetual, world-wide, royalty-free license to
use Licensed Trade Name in connection with the motorcycle battery business, but
only as part of the trade name or corporate name "Yuasa-Exide, Inc." While
retaining the corporate name "Yuasa-Exide, Inc.", Licensee may sell products in
businesses other than the Licensed Business and the motorcycle battery business
but Licensee shall not sell such products under
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the Licensed Trade Name and shall sell such products under an assumed name,
fictitious name or through some other mechanism whereby the Licensed Trade Name
is not used before the public or trade in relation to such products.
Licensor hereby grants to Licensee, and Licensee hereby accepts from
Licensor, pursuant to the terms and conditions of this Trademark License, a
perpetual, exclusive, world-wide royalty-free license to use the Licensed Marks
within the scope of the Licensed Business on and in connection with the goods
for which such Licensed Marks are registered or as otherwise permitted under
applicable law within the scope of the Licensed Business, together with the
right to sublicense such right as set forth herein.
The rights granted to Licensee herein are subject to any rights to the
Licensed Trade Name or the Licensed Marks granted by Licensor or its
predecessors before the execution of this Trademark License. Licensor
represents to Licensee that to Licensor's Best Knowledge, any such third party
rights have been disclosed to Licensee in connection with the Asset Purchase
Agreement or on the Schedule hereto. The rights granted herein are further
limited to only those goods and territories in which Licensor has rights to the
Licensed Trade Name and the Licensed Marks as of the date of execution of this
Trademark License. During the term of this Trademark License, Licensor will not
grant any third party any new license which would be inconsistent with
Licensee's exercise of its rights hereunder. Licensee shall provide such
assistance as Licensor may reasonably request to
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fulfill Licensor's obligations under agreements with third parties which relate
to the Licensed Trade Name or the Licensed Xxxx.
3. FUTURE ACQUISITION OF RIGHTS
----------------------------
In those jurisdictions wherein Licensor does not have legal ownership or
control of the marks "EXIDE" and "XXXXXXX" as of the effective date of this
Trademark License, Licensee shall be free to take all necessary steps and action
to effect the acquisition of legal ownership or control of such marks for itself
within the scope of the Licensed Business and Licensor agrees to assist in, at
Licensee's expense, and not oppose any such steps or action by Licensee.
In turn, Licensee will not oppose any steps or action of Licensor to effect
the acquisition of legal ownership or control of such marks for itself outside
the scope of the Licensed Business and Licensee agrees to assist in, at
Licensor's expense, and not oppose any such steps or action by Licensor.
In the event that either party hereto effects the acquisition of legal
ownership or control of such marks under the provisions of this Paragraph 3,
such party shall, at the other party's request, grant to the other party
a license or other document necessary to allow such party to use such acquired
xxxx in a manner consistent with the terms and conditions set forth in this
Trademark License. Each of the parties acknowledges that in acquiring rights to
such marks, it may be unable to limit the scope of the rights acquired to the
Licensed Business, in the case of Licensee's acquisition, or outside the scope
of the
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Licensed Business, in the case of Licensor's acquisition, but that each party
will only use such acquired rights in a manner consistent with this Trademark
License.
4. NEW USES OF THE NAME
--------------------
Licensee shall submit any proposed new uses of the Licensed Trade name
to Licensor for its approval, which approval shall be obtained in writing before
each such proposed new use is commenced; provided, however, that Licensor shall
not unreasonably withhold its approval.
5. QUALITY STANDARDS
-----------------
Licensee shall maintain the standards of quality set by Licensor for
the conduct of the Licensed Business under the Licensed Trade Name and the goods
bearing the Licensed Marks which Licensor established prior to the execution of
this Trademark License (the "Quality Standards").
Licensee agrees to furnish to Licensor, upon Licensor's request,
representative samples of all labels, advertising materials and other associated
materials used in the sale, offering for sale, or marketing of goods bearing the
Licensed Trade Name or Licensed Marks to enable Licensor to confirm that the
labeling and advertising meet the Quality Standards.
6. INDEMNIFICATION
---------------
A. Licensee hereby indemnifies Licensor and undertakes to defend
itself against, and to hold Licensor harmless from any claims, suits, losses or
damages arising out of any use of the Licensed Trade Name or the Licensed Marks
outside the scope of the licenses granted pursuant to the terms of this
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Trademark License or arising out of any alleged defects in products of the
Licensee marketed and sold in connection with the Licensed Trade Name or
Licensed Marks.
B. In the event that any other claim or suit arising out of use of the
Licensed Trade Name or the Licensed Marks by Licensee within the scope of the
licenses granted pursuant to the terms of this Trademark License (an "Authorized
Use Claim") is made or filed against Licensee or Licensor but not against the
other party, then the defending party shall not take any steps to include or
have included the other party in such claim or suit or to seek indemnity from
such other party, provided that such other party shall provide the defending
party with reasonable assistance in the defense of such claim or suit at the
defending party's expense.
C. In the event that any Authorized Use Claim is made against both
Licensor and Licensee, then each party shall defend itself without seeking
indemnity from the other (except in relation to damages paid on the other's
behalf) but each shall provide the other with reasonable assistance in such
defense at the other party's expense.
D. The provisions of this Paragraph 6 shall survive any termination of
this Trademark License.
7. TRADEMARK NOTICE
----------------
Licensee shall label all goods sold in connection with the Licensed Marks
in accordance with Licensor's reasonable instructions as they relate to
trademark notices or legends.
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8. TERMINATION
-----------
Licensor shall have the right to terminate this Trademark License if (a)
products covered hereunder and sold by Licensee in connection with the Licensed
Marks fail to meet the Quality Standards, or (b) Licensee uses, assigns or
sublicenses its rights under the Licensed Trade Name or the Licensed Marks
outside the scope of the Licensed Business and, in either such case, reasonable
measures are not initiated to cure such failure or improper use within ninety
(90) days after written notice from Licensor. Upon termination of this Trademark
License, Licensee and its sublicensees shall, within a reasonable period of time
not to exceed two (2) years, discontinue all use of the Licensed Marks and
Licensee shall discontinue all use of the Licensed Trade Name and shall cancel
all filings or registrations made pursuant to Paragraph 10 hereof and change its
corporate or trade name registrations, if any, to exclude the Licensed Trade
Name; provided, however, that it any failure to meet Quality Standards or
improper use of, or assignment or sublicense of rights under, the Licensed Trade
Name or Licensed Marks occurs in any jurisdiction other than the United States
and is not remedied as permitted hereunder, this Trademark License will
terminate only with respect to the jurisdiction in which such failure or
improper use occurred.
In the event of receivership or bankruptcy of Licensee, the licenses
granted herein shall terminate immediately.
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9. VALIDITY OF AND RIGHTS IN MARKS
-------------------------------
Licensee shall acquire no right, title or interest with respect to the
Licensed Marks or the Licensed Trade Name as a result of Licensee's use thereof
in commerce or otherwise and Licensee acknowledges and agrees that all rights in
and to the Licensed Marks and the Licensed Trade Name and the good will
pertaining thereto belong exclusively to, and shall inure to the benefit of,
Licensor; provided, however, that the license of the marks "EXIDE-IRONCLAD" and
"IRONCLAD-EXIDE" by Licensor under this Trademark License is without prejudice
to Licensee's exclusive ownership of rights in and to the xxxx "IRONCLAD"
separate from the xxxx "EXIDE."
Licensee agrees not to raise or cause to be raised any questions concerning
or objections to the validity of the Licensed Marks or the Licensed Trade Name
or to the right of the Licensor thereto, on any grounds whatsoever.
10. REGISTRATION; REGISTERED USER AGREEMENTS
----------------------------------------
Licensee agrees that it will make no application for or otherwise attempt
to register the Licensed Marks or the Licensed Trade Name in the United States
Patent and Trademark Office or in a similar agency or office in any foreign
country or in any state, except where Licensee is required by law to register a
xxxx (even as a licensee) or pursuant to Paragraphs 3 or 12 of this Trademark
License. In those countries which require registration of the use of trademarks
under license, Licensee shall execute and obtain registered user agreements to
properly record in such country Licensor as the owner of the Licensed
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Marks and Licensor shall provide, at Licensee's expense, reasonable cooperation
in connection with such recordation.
11. TRANSFERABILITY
---------------
This Trademark License shall be assignable by Licensee with Licensor's
consent and Licensee shall have the right to grant sublicenses of the Licensed
Marks within the scope of the Licensed Business. Licensee will ensure that any
sublicensee of the Licensed Marks will adhere to terms and conditions similar to
those contained in this Trademark License. The Licensed Marks and Licensed
Trade Name shall be assignable by Licensor in which event Licensor shall require
that the assignee assume the obligations of Licensor under this Trademark
License.
12. WARRANTY
--------
Licensor represents and warrants that to its Best Knowledge, except as
disclosed in connection with the Asset Purchase Agreement or as set forth on the
Schedule hereto, Licensor has good title to the Licensed Trade Name and the
Licensed Marks. Licensor further represents and warrants that to its Best
Knowledge, subject to any rights to the Licensed Trade Name and the Licensed
Marks granted by Licensor or its predecessors prior to the date hereof, and
subject to other disclosures made in connection with the Asset Purchase
Agreement or on the Schedule hereto, the use of the Licensed Trade Name and the
Licensed Marks as licensed pursuant to the terms of this Trademark License does
not infringe any third party's rights.
Licensor otherwise makes no other representation or warranty to Licensee
with respect to the title or validity of the
-9-
Licensed Trade Name or the Licensed Marks or that the use of the Licensed Trade
Name or the Licensed Marks by Licensee will not infringe any third party's
rights.
Licensor shall maintain the Licensed Marks in accordance with Licensor's
usual and customary business practices. In the event that Licensor intends in
good faith to cease payment of maintenance fees for or otherwise allow to lapse
any of the Licensed Marks in a particular country, Licensor will notify Licensee
of its intention to take such action at least one hundred twenty (120) days in
advance so that, except in the case where Licensor intends to refile an
application to register such Licensed Xxxx covering goods within the scope of
the Licensed Business, Licensee may, at Licensee's option (a) require Licensor
to assign to Licensee, to the extent possible by Licensor and at Licensee's
expense, all right, title and interest in and to any such Licensed Xxxx in such
country, or (b) pay the maintenance fees, and Licensor agrees to provide all
reasonable cooperation in connection therewith at Licensee's expense.
In the case where Licensor intends in good faith to refile a registration
application, but does not intend that such application cover goods within the
scope of the Licensed Business, then, at Licensee's expense, the parties shall
take such steps as may be possible and reasonable to file and prosecute such
registration application in either Licensor's or Licensee's name, as the case
may be, covering goods within the scope of the Licensed Business.
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13. NO AGENCY
---------
Nothing herein shall be construed to create any relationship of agent and
principal, partnership or joint venture between the parties. Neither party shall
have the authority to bind or obligate or represent that it has authority to
bind or obligate the other party.
14. SEVERABILITY
------------
The provisions of this Trademark License shall be severable and if any
provision of this Trademark License is declared or held to be illegal, invalid
or unenforceable, such illegality, invalidity or unenforceability shall not
affect any other provision hereof, and the remainder of this Trademark License
shall continue in full force and effect as though such illegal, invalid or
unenforceable provision had not been contained herein.
15. ENTIRE AGREEMENT
----------------
This Trademark License, the Asset Purchase Agreement and the Schedules
attached hereto and thereto contain and constitute the entire agreement between
the parties hereto with respect to the subject matter hereof and supersede and
cancel any and all previous written or oral understandings, agreements and any
other writings or communications with respect thereto. This Trademark License
may not be released, discharged, abandoned, changed or modified in any manner
except by an instrument in writing signed by a duly authorized representative of
each of the parties hereto.
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16. GOVERNING LAW
-------------
This Trademark License will be governed by, and construed and interpreted
in accordance with, the internal laws of the State of New York, without giving
effect to the principles of conflicts of law applied thereby.
17. PROSECUTION OF INFRINGERS
-------------------------
Licensee agrees to cooperate with Licensor in the prosecution or defense of
any proceeding concerning the Licensed Trade Name or the Licensed Marks and
Licensor, at the request and expense of Licensee, agrees to prosecute all
substantial claims of infringement and to oppose all attempted registrations of
potentially confusingly similar trademarks, trade names or service marks used in
the field of the Licensed Business.
18. ARBITRATION
-----------
The parties shall submit any controversy, claim or dispute under this
Trademark License to arbitration as provided for in the Asset Purchase
Agreement.
* * *
IN WITNESS WHEREOF, the parties have executed this Trademark and Trade Name
License Agreement as of the day and year first written above.
EXIDE CORPORATION YUASA BATTERY (AMERICA), INC.
By:/s/ [SIGNATURE APPEARS HERE] By:/s/ [SIGNATURE APPEARS HERE]
---------------------------- ------------------------------
Title: Title:
------------------------- ---------------------------
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Yuasa Battery Co., Ltd., a corporation organized and existing under the
laws of Japan, executes and joins in this Trademark and Trade Name License
Agreement soley for the purpose of securing the compliance of Licensee with the
provisions of Paragraph 8 of this Trademark and Trade Name License Agreement.
YUASA BATTERY CO., LTD.
By: [SIGNATURE APPEARS HERE]
--------------------------
Title:
-----------------------
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SCHEDULE OF EXCEPTIONS
----------------------
to the
Trademark and Trade Name License Agreement
dated June 10, 1991
by and between
Exide Corporation
and
Yuasa Battery (America), Inc.
1. Exide Electronics Corporation has certain rights pursuant to that certain
Agreement by and between Exide Corporation and Exide Electronics
Corporation, a Delaware corporation, effective as of July 1, 1982.
2. Chloride, Ltd. ("Chloride") has certain rights pursuant to that certain
Agreement dated July 9, 1949, between The Electric Storage Battery Company
and The Chloride Electrical Storage Company, Limited. In addition,
Chloride has independent rights to the Licensed Trade Name and the
trademark "EXIDE" in a number of countries.
Chloride and others have filed various cancellation and opposition
proceedings throughout the world, including Colombia, relating the Licensed
Trade Name and the trademark "EXIDE." Such third parties may have rights
in the Licensed Trade Name and the trademark "EXIDE."
3. See generally, the intellectual property contracts listed on Schedules
5.6(b) and 5.22(b) of the Asset Purchase Agreement.
4. Seller may be subject to certain restrictions relating to conducting
business in Brazil.
5. The chain of title of certain or all of the Licensed Marks is not current.
6. The renewal status of certain of the Licensed Marks is not known.
7. The Licensed Trade Name and certain or all of the Licensed Marks are
encumbered by security interests in favor of Chemical Bank, a New York
banking corporation.
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8. The Licensed Trade Name and certain or all of the Licensed Marks are
encumbered by a security interest in favor of Citicorp Industrial Credit.
9. Licensor has granted certain exclusive rights to use the Licensed Trade
Name and the Licensed Marks in certain countries in fields outside the
Licensed Business. Certain of such arrangements may restrict the rights of
Licensor hereunder.
10. The Licensed Trade Name and certain or all of the Licensed Marks are
encumbered by a security interest in favor of the National Bank of Canada
and Congress Financial Corporation.
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SCHEDULE 9.5
(Licensed Marks Schedule)
to Asset Purchase Agreement by and between
Exide Corporation
and
Yuasa Battery (America), Inc.
dated June 10, 1991
Application or
Xxxx Registration No. Country
---- ---------------- -------
Exide 36507 Xxxxxxx
Xxxxx 00000 Xxxxxxx
Exide 159203 Angola
Ironclad-Exide 159202 Angola
Xxxxxxx 134687 Angola
Exide 1121097 Argentina
Exide 1200102 Argentina
Exide 1200103 Argentina
Xxxxxxx 952959 Argentina
Xxxxxxx A33194 Australia
Exide 00000 Xxxxxxx
Exide-Ironclad 00000 Xxxxxxx
Xxxxxxx 00000 Xxxxxxx
Exide TM5947 Bahrain
Xxxxxxx 10977 Bangladesh
Xxxxxxx 6820 Bangladesh
Exide 1283 Barbados
Exide 62674 Benelux
Exide 317573 Benelux
Ironclad-Exide 62669 Benelux
Xxxxxxx 62696 Benelux
Exide C-24S7YA-25832 Bolivia
Xxxxxxx in Panel C-4400YA-27472 Bolivia
Xxxxxxx 475/23 Bophuthatswana
Xxxxxxx 437/51 Bophuthatswana
Exide 002543192 Brazil
Exide 002554771 Brazil
Exide 002621177 Brazil
Exide (Special Form) 810025990 Brazil
Exide-Ironclad 00259730B Brazil
Exide-Ironclad 002554887 Brazil
Exide-Ironclad 002563797 Brazil
Xxxxxxx 810025957 Brazil
Exide 0000 Xxxxxxxx
Exide 00000 Xxxxxxxx
Exide 220,662 Canada
Exide (Stylized) 41/9847 Canada
Hybernator 237,977 Canada
Xxxxxxx 193,812 Canada
Xxxxxxx 259/55673 Canada
Exide 159/203 Cape Verde
Xxxxxxx 134,687 Cape Verde
Exide 225,245 Chile
Exide 283,115 Chile
Xxxxxxx 272,276 Chile
Exide 153,599 China
Xxxxxxx 153,597 China
Schedule 9.5 (Cont'd.) -Page 2-
----------------------
Application or
Xxxx Registration No. Country
---- ---------------- -------
Exide 0000 Xxxxxxxx
Xxxxxxx 00000 Xxxxxxxx
Exide 0000/0000 Xxxxx Xxxx
Xxxxx 00000 Xxxx
Xxxxxxx 94034 Cuba
Exide 101,900 Xxxxxxxxxxxxxx
Xxxxxxx 00000 Xxxxxxxxxxxxxx
Exide 2054/1987 Denmark
Exide 28/1929 Denmark
Ironclad-Exide 833/1919 Denmark
Xxxxxxx 515/1962 Denmark
Exide 3009 Dominican Rep.
Xxxxxxx 9037 Dominican Rep.
Exide 000/00 Xxxxxxx
Xxxxxxx 000/00 Xxxxxxx
Exide 18584 Egypt
Exide 1090 Egypt
Exide-Ironclad 18585 Egypt
Exide-Ironclad 6615 Egypt
Xxxxxxx 26559 Egypt
Exide 2953 El Salvador
Exide 3144 Ethiopia
Exide 00000 Xxxxxxx
Exide 1,583,153 France
Exide 1,228,282 France
Ironclad-Exide 1,529,614 France
Exide 77,961 Greece
Exide 16,203 Greece
Xxxxxxx 29,727 Greece
Exide 3,954 Guatemala
Xxxxxxx 2130/47 Guinea
Exide 159,203 Guinea Bissau
Xxxxxxx in Panel 175 Guyana
Exide 484REG67 Haiti
Exide 2233 Honduras
Exide 76494/120114 Hungary
Exide 000000 Xxxxxxx
Exide 84/1951 Iceland
Xxxxxxx 136/1963 Iceland
Exide 185,179 Indonesia
Exide 699 Iran
Xxxxxxx 48,793 Ireland
Exide Ap. 00000 Xxxxxx
Exide 459,609 Italy
Exide 460,540 Italy
Ironclad-Exide 460,541 Italy
Xxxxxxx 314,953 Italy
Schedule 9.5 (Cont'd.) -Page 3-
----------------------
Application or
Xxxx Registration No. Country
---- ---------------- -------
Xxxxxxx (& Des.) 459,535 Italy
Exide 3093 Jamaica
Exide 2,290,488 Japan
Exide Logo 0000000 Xxxxx
Xxxxxxx 0000000 Xxxxx
Exide 1583 Xxxxxx
Xxxxxxx 9239 Jordan
Exide 7538 Korea
Xxxxxxx 7581 Korea
Exide 3154 Kuwait
Xxxxxxx 3153 Kuwait
Exide 33812 Lebanon
Exide 38412 Lebanon
Xxxxxxx 45149 Lebanon
Exide 159203 Macao
Ironclad-Exide Ap. #10.478J Macao
Xxxxxxx 134687 Macao
Xxxxxxx 1912/59 Malawi
Xxxxxxx M/B1421 Malaya
Xxxxxxx 5933 Mali
Exide 00000 Xxxxxx
Exide 23028 Morocco
Xxxxxxx 23074 Morocco
Exide 159203 Mozambique
Xxxxxxx 134687 Mozambique
Exide 1282 Nether Antilles
Xxxxxxx 3828 Nether Antilles
Xxxxxxx 19228 New Zealand
Exide 0000X Xxxxxxxxx
Xxxxxxx 00000 Xxxxxxxxx
Xxxxxxx 00000 Xxxxxxx
Exide 00000 Xxxxxx
Xxxxx-Xxxxxxxx 00000 Xxxxxx
Xxxxxxx 47379 Norway
Exide Ap. #3041 Xxxx
Xxxxxxx Ap. #0000 Xxxx
Xxxxxxx 00000 Xxxxxxxx
Xxxxxxx 2318 Pakistan
Exide 3499 Panama
Schedule 9.5 (Cont'd) -Page 4-
---------------------
Application or
Xxxx Registration No. Country
---- ---------------- -------
Xxxxxxx 7881 Panama
Xxxxxxx A 5777 R Papua New Guinea
Exide 107553 Paraguay
Xxxxxxx 103411 Xxxxxxxx
Xxxxxxx 000000 Xxxxxxxx
Exide 15120 Xxxx
Xxxxxxx 00000 Xxxx
Exide 0000 Xxxxxxxxxxx
Exide 00000 Xxxxxx
Exide-Ironclad 00000 Xxxxxx
Exide 159203 Portugal
Ironclad-Exide Ap. #267.969Y Portugal
Xxxxxxx 134687 Portugal
Exide 000 Xxxxxx Xxxx
Xxxxxxx 00000 Xxxxxx Xxxx
Exide 2526 Ras Al-Khaimah
Xxxxxxx 2532 Ras Al-Khaimah
Xxxxxxx 437/51 Rep. of S. Africa
Xxxxxxx 475/23 Rep. of S. Africa
Exide 2R 1442 Roumania
Xxxxxxx In Panel 2R 42 Roumania
Exide 159203 Saotome Island
Xxxxxxx 134687 Saotome Island
Exide 0/00 Xxxxx Xxxxxx
Xxxxxxx 0/00 Xxxxx Xxxxxx
Xxxxxxx B 1421 Singapore
Exide 00000 Xxxxx
Exide 1095706 Spain
Ironclad-Exide 1095705 Spain
Xxxxxxx 00000 Xxxxx
Xxxxxxx (& Des.) 2447 Sri Lanka
Exide 7274 Surinam
Xxxxxxx 2698 Surinam
Exide 00000 Xxxxxx
Exide-Ironclad 00000 Xxxxxx
Exide 000000 Xxxxxxxxxxx
Xxxxxxx 000000 Xxxxxxxxxxx
Exide 5311 Syria
Exide 6371 Syria
Xxxxxxx 7090 Syria
Exide 3183 Taiwan
Xxxxxxx 293,303 Taiwan
Exide 7553 Tangiers
Xxxxxxx 3868 Tangiers
Exide 17184/11368 Thailand
Xxxxxxx 000000 Xxxxxxxx
Schedule 9.5 (Cont'd) -Page 5-
---------------------
Application or
Xxxx Registration No. Country
---- ---------------- -------
Xxxxxxx 50272/31699 Thailand
Exide 159203 Timor
Xxxxxxx 134687 Timor
Xxxxxxx 475/23 Transkei
Xxxxxxx 437/51 Transkei
Exide 12 Trinidad & Tobago
Exide 00000 Xxxxxx
Xxxxxxx B 524159 United Kingdom
Exide 000000 Xxxxxxx
Xxxxxxx 201780 Uruguay
Exide 5285 U.S.S.R.
Xxxxxxx 437/51 Xxxxx
Xxxxxxx 475/23 Venda
Exide 26696 Venezuela
Xxxxxxx 29458 Venezuela
Exide *13314 Viet Nam
Exide 343459 West Germany
Ironclad-Exide 406554 Xxxx Xxxxxxx
Xxxxxxx 0000000 Xxxx Xxxxxxx
Exide Ap. #1815 Yemen Arab Rep.
Exide 11877 Yugoslavia
Exide 16291 Yugoslavia
Xxxxxxx 16290 Yugoslavia
Exide 000/X Xxxxx
Xxxxxxx 0000/00 Xxxxxx
* New appln. filed; this number can't be renewed.
Schedule 9.5 (Cont'd) -Page 6-
---------------------
Application or
Xxxx Registration No. Country
---- ---------------- -------
ESB 729,379 U.S.
ESB (& Des.) 730,323 U.S.
Exide 298,776 U.S.
Exide 973,740 U.S.
Exide 986,660 U.S.
Exide 986,811 U.S.
Exide (Stylized) Ap. 74/026356 U.S.
Exide (Stylized) 1,545,246 U.S.
Exide-Ironclad 321,694 U.S.
GBC 833,610 U.S.
Liberator 983,193 U.S.
Oasis 939,660 U.S.
Titan 404,261 U.S.
Titan 835,007 U.S.
Xxxxxxx 502,333 U.S.
Liberator 354,401 Banelux
GBC Titan Ever Ful 278,151 Canada
Libarateur 228,575 Canada
Liberator 216,430 Canada
Liberator 1,486,279 France
Liberator 988,648 West Germany
Unregistered Marks
------------------
Application or
Xxxx Registration No. Country
---- ---------------- -------
Exide (None) United Arab
No Trademark Emirates
Laws - Covered
by Cautionary
Notice
Exide (None) United Arab
No Trademark Emirates
Laws - Covered
by Cautionary
Notice
