Warranty Agreement relating to Deloro Stellite Holdings 1 Limited Dated 2012 The Warrantors (1) The Buyer (2)
Exhibit 2.2
Warranty Agreement | ||
relating to Xxxxxx Xxxxxxxx Holdings 1 Limited |
||
Dated |
2012 | |
The Warrantors (1) |
||
The Buyer (2) |
TABLE OF CONTENTS
INTRODUCTION |
2 | |||||
1 |
Interpretation | 2 | ||||
2 |
General provisions relating to the Warranties | 7 | ||||
3 |
Incorporation of Terms | 9 | ||||
4 |
Rights of Third Parties | 9 | ||||
5 |
Entire Agreement | 9 | ||||
6 |
Notices | 10 | ||||
7 |
Governing Law and Jurisdiction | 11 | ||||
8 |
Payments | 11 | ||||
9 |
Assignment | 12 | ||||
10 |
Exchange Rate | 12 | ||||
11 |
Agent for service | 12 | ||||
12 |
Language | 12 | ||||
SCHEDULE 1—The Warrantors |
13 | |||||
SCHEDULE 2—Management Warranties |
14 | |||||
SCHEDULE 3—Limitations on Liability |
27 | |||||
SCHEDULE 4—Group Companies |
33 | |||||
Part 1: Particulars of the Company |
33 | |||||
Part 2: Particulars of the Subsidiaries |
36 | |||||
SCHEDULE 5—The Properties |
60 | |||||
Part 1—The Freehold Properties |
60 | |||||
Part 2—The Leasehold Properties |
61 | |||||
SCHEDULE 6—Intellectual Property |
62 | |||||
SCHEDULE 7—Warrantors’ Enquiries |
112 | |||||
SCHEDULE 8—Key Employees |
114 | |||||
SCHEDULE 9—Security Documents |
116 | |||||
SCHEDULE 10 |
121 | |||||
Part 1: Top 10 Suppliers |
121 | |||||
Part 2: Top 10 Customers |
121 | |||||
ANNEX 1—Locked Box Accounts |
122 |
THIS AGREEMENT is made on |
2012 between the following parties: |
PARTIES
(1) | The individuals whose names are listed in Schedule 1 (the “Warrantors”); and |
(2) | KENNAMETAL INC a company incorporated in Pennsylvania whose registered office is at 0000 Xxxxxxxxxx Xxx, Xxxxxxx, XX 00000 XXX (the “Buyer”), |
together the “Parties” and each a “Party”. |
INTRODUCTION
(A) | The Parties have entered into this Agreement in connection with the sale and purchase agreement (the “SPA”) of today’s date made between, inter alios, the Parties in relation to a proposed sale of the entire issued share capital of Xxxxxx Xxxxxxxx Holdings 1 Limited (the “Company”) pursuant to which the Buyer will become the owner of the entire issued share capital of the Company. |
(B) | The Warrantors have agreed to give certain warranties to the Buyer, subject to certain limitations on liability, on the terms and conditions contained in this Agreement. |
(C) | Capitalised terms not defined in this Agreement shall take the meaning given to them in the SPA. |
IT IS AGREED as follows:
1 | Interpretation |
1.1 | In this Agreement, unless the context otherwise requires the following expressions shall have the following meanings: |
Accounts |
the consolidated audited financial statements of the Group and the audited financial statements of each of the Relevant Companies, prepared in accordance with applicable law for the accounting reference period ended on the Accounts Date comprising, in each case, the balance sheet, the profit and loss accounts, the notes to the accounts, cash flow statement and any other documents which are or would be required by law to be annexed to the accounts of the Group or Relevant Company concerned, as the case may be, and to be sent or made available to members, a copy of each of which has been supplied to the Buyer and is included in the Disclosure Documents; | |
Accounts Date |
31 December 2010; | |
Budgeted Figures |
the budgeted figures for the Group for the 2011 financial year and the agreed form budgeted figures for the Group for the 2012 financial year; | |
Business |
the businesses of each of the companies in the Company’s Group as carried on in the period covered by the Accounts, and from the Accounts Date to Completion; | |
Buyer’s Group |
the Buyer and its Subsidiaries; | |
Claim |
means any claim by the Buyer in connection with the Management Warranties (which, for the avoidance of doubt, includes the Repeated Warranties); |
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the Company’s Auditors |
PricewaterhouseCoopers LLP; | |
Company’s Group |
the Company and the Subsidiaries; | |
Completion |
completion of the sale and purchase of the Shares in accordance with the terms of clause 7 of the SPA; | |
Data Room |
the Xxxxxx Xxxxxxxx electronic data room made available to the Buyer; | |
Data Room Documents |
the documents comprising the Data Room made available to the Buyer and listed in the data room index annexed to the First Disclosure Letter; | |
Disclosed |
means fairly disclosed (with sufficient details to identify the nature and scope of the matter disclosed) by (in respect of the Warranties other than the Repeated Warranties) the Disclosure Documents and (in respect of the Repeated Warranties) the Second Disclosure Letter (and “Disclosure” shall be construed accordingly); | |
Disclosure Documents |
the First Disclosure Letter and the documents attached thereto as listed in the schedule annexed to the First Disclosure Letter; | |
Employees |
those persons (including directors) whose names appear in the list of employees included in the Data Room at 1.1.16.1.1, 1.5.16.1, 2.1.16.1, 2.2.16, 3.1.16, 4.1.16, 4.2.16, 5.3.16, 6.1.16, 6.2.16.1, 7.2.16.1, 7.2.16.1.1, 8.1.16.1.1, 8.2.16.1 and 9.1.16.1.1; | |
Encumbrance |
means any mortgage, charge, pledge, lien, encumbrance, equity, claim or other third party right or interest or security interest, title retention or any other security agreement or arrangement or any agreement to create any of the above (including any right to acquire, option or right of pre-emption or conversion) of any nature whatsoever; | |
Environment |
any and all organisms (including humans), habitats, ecosystems, property (including buildings) and the following media: | |
(a) air (including air within buildings and the air within natural or man-made structures and enclosures whether below or above ground); | ||
(b) water (including territorial waters, coastal and inland waters, surface and ground waters and waters in xxxxx, boreholes, drains and sewers); and | ||
(c) land (including surface land and subsurface strata and sea beds and river beds, wetlands or flood plains); | ||
Environmental Authority |
any agency, authority, executive, service, company or body having powers or duties pursuant to Environmental Law; |
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Environmental Consent |
any registration, exemption, notification, authorisation, certificate, consent, licence, permission, permit, ruling, filing, variation, modification, transfer or any other information or approval required under Environmental Law for the operation of the Business or in connection with any of the Properties or any agreement made pursuant to Environmental Law; | |
Environmental Law |
all international, European Union, national, federal, state or local laws (including common and statute law and civil and criminal law) and all subordinate legislation and regulatory codes of practice (including statutory instruments, guidance notes, permits, circulars, industry agreements, directives, decisions, regulations, treaties and conventions) relating to Environmental Matters which are or were binding on the relevant Company or any member of the Company’s Group in the relevant jurisdiction in which the Company or that member of the Company’s Group is or has been operating; | |
Environmental Matters |
any matter relating to the protection of the Environment or the management of Waste, including any of the following matters: | |
(a) pollution or contamination; | ||
(b) the handling, use, deposit, disposal, keeping, treating, transport, transfer, release, spillage, escape, discharge, leak or emission of Hazardous Substances or Waste; | ||
(c) the creation or existence of any noise, vibration, radiation, common law or statutory nuisance, or other adverse impact on the Environment; | ||
(d) the exposure of any person to Hazardous Substances or Waste; and | ||
(e) packaging waste, waste electrical and electronic equipment and waste batteries; | ||
Environmental Permit |
means any consent, permission, licence approval or other authorisation issued pursuant to any Environmental Law; | |
Existing Shareholder Agreement |
an agreement dated 9 February 2006 between, among others, the Company and its Shareholders; | |
First Disclosure Letter |
means the letter (identified as such) dated on or before the date of this Agreement from the Warrantors to the Buyer; | |
French Medical Business |
has the meaning given to that term in the SPA; | |
French SPA |
the share transfer agreement entered into between Microfusione Stellite SpA, Marle International and Xxxxxx Xxxxxxxx Group Limited dated 25 November 2011 | |
FSA |
the Financial Services Authority; | |
FSMA |
the Financial Services and Markets Xxx 0000; | |
Group Companies |
the Company and its Subsidiaries, each being a “Group Company”; |
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Harm |
harm or damage to, or other interference with, the Environment including any detrimental effect on the health of living organisms or other interference with the ecosystems of which they form part and, in the case of humans, includes offence caused to their senses or harm or damage to their property; | |
Hazardous Substance |
any natural or artificial substance (whether in solid or liquid form or in the form of a gas or vapour and whether alone or in combination with any other substance) capable of causing Harm including vibration, noise, electricity, heat, electromagnetic waves or radiation; | |
Indebtedness |
means any liability exceeding €100,000 in respect of borrowed money from a bank or other financial institution and any liability individually exceeding €100,000 in respect of finance leases owed by any Group Company to persons other than another Group Company; | |
Intellectual Property |
the intellectual property set out at Schedule 6; | |
Intellectual Property Rights |
means all copyright, registered designs, software database rights, patents, inventions (whether patentable or not) business names, trade marks, service marks, trade names, rights arising in domain names, know-how, trade secrets, proprietary rights and processes and rights in confidential information and any other intellectual property rights or rights or forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world (in each case whether or not registered) and all applications for any of them, in each case which are used or exploited in connection with the business of the Group; | |
IT System |
means any and all computer and telecommunications and network equipment, and any and all computer programs in both source and object code form including all source and other preparatory materials, coding, manuals and other documentation, including software licences, relating to them used in connection with the business of the Group and which are material to the business of the Group as a whole; | |
Locked Box Accounts |
means the consolidated management accounts of the Group as at 30 September 2011 as appended as Annex 1; | |
Locked Box Date |
means 30 September 2011; | |
Management Accounts |
the consolidated management accounts of the Group for the period from the Accounts Date to 30 November 2011 which are included in the Data Room Documents but which for the purposes of paragraph 4 of Schedule 2 excludes the pro forma forecasts; | |
Management Warranties or Warranties |
means the warranties in Schedule 2 and, for the purpose of Schedule 3 only and, except where distinguished in paragraphs 13 and/or 20 of Schedule 3 or is otherwise evident from the context, the Repeated Warranties; | |
Pensionable Employee |
a director or employee or former director or former employee of any Group Company; |
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Pension Ombudsman |
means the body as defined in Part X of the Xxxxxxx Xxxxxxx Xxx 0000; | |
Pensions Regulator |
means the body corporate as defined in section 1 of Pensions Xxx 0000 | |
Permitted Security |
(a) any right of set off or lien arising by operation of law and in the ordinary course of trading, and not as a result of any default or omission by any Group Company;
(b) any Encumbrance arising under any retention of title, hire purchase or conditional sale arrangement or arrangements having similar effect in respect of goods supplied to a Group Company in the ordinary course of trading and on the supplier’s standard or usual terms and not arising as a result of any default or omission by any Group Company; and
(c) any Encumbrance arising as a consequence of any lease, hire agreement, credit sale agreement, hire purchase agreement, conditional sale agreement or instalment sale and purchase agreement which should be treated in accordance with SSAP 21 (or any successor to SSAP 21) as a finance lease or in the same way as a finance lease;
In respect of German Companies, any Encumbrance arising:
(a) as a matter of law in favour of landlords under leases of real property (Vermieterpfandrecht) or owners of workshops (Unternehmerpfandrecht); and
(b) in relation to the insolvency provision protection regarding the Old Age Part Time Act (Altersteilzeitgesetz); | |
Proceedings |
any proceeding, suit or action arising out of or in connection with this Agreement, whether contractual or non-contractual; | |
Properties |
the properties set out at Schedule 5 (The Properties); | |
Relevant Benefits |
any pension, allowance, lump sum or similar benefit on retirement, death or termination of employment; | |
Relevant Companies |
means each of Xxxxxx Xxxxxxxx GmbH, Shanghai Stellite Co. Ltd, Xxxxxx Xxxxxxxx Inc, Microfusione Stellite S.p.A, Xxxxxx Xxxxxxxx LP and DS UK Limited; | |
Relevant Proportion |
the relevant Warrantor’s proportion as set out in column 3 of Schedule 1; |
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Relevant Schemes |
means each of:
(a) The Xxxxxx Xxxxxxxx Pension Plan (UK) governed by the trust deed and rules dated 28 December 1988 as amended from time to time;
(b) the Xxxxxx Xxxxxxxx Inc. Salaried Employees’ Retirement Income Plan (Canada); and
(c) the Xxxxxx Xxxxxxxx Inc. Post-Retirement Benefit Plan - CICA 3461 (Canada); | |
Repeated Warranties |
means paragraphs 1 (Share Capital and Constitution of the Company), 2 (Ownership of Group Companies), 5 (Accounting Records), 6 (Events since the Accounts Date), 7 (Indebtedness), 8 (Environmental), 11 (Compliance and Litigation), 12 (Licences), 15 (Key Contracts) and 18 (Insolvency) of Schedule 2; | |
Repeated Warranty Date |
the date which is 5 Business Days before Completion; | |
Second Disclosure Letter |
means the letter (identified as such) dated no later than three Business Days before Completion from the Warrantors to the Buyer; | |
Sellers |
has the meaning given in the SPA; | |
Service Document |
a claim form, application, notice, order, judgment or other document relating to any Proceedings; | |
Tax |
shall be defined for the purposes of this Agreement as any form of taxation and any levy, duty, charge, contribution, withholding or impost in the nature of taxation (including any related fine, penalty, surcharge or interest); | |
Tax Authority |
means any governmental, state or municipality and any local, state, federal or other authority body or official anywhere in the world exercising a fiscal, revenue, customs or excise function; | |
Tax Covenant |
means the tax covenant in the agreed form; | |
Tax Warranties |
the tax warranties set out in paragraph 9 of Schedule 2; | |
Waste |
waste, controlled waste, directive waste, special waste, or hazardous waste as those terms are defined in Environmental Law; and | |
Warrantors’ Representatives |
Xxxxxx Xxxxxx and Xxxx Xxxx Xxxxxxx. |
2 | General provisions relating to the Warranties |
2.1 | In consideration of the sale of the share capital of the Company pursuant to the SPA, each of the Warrantors warrants to the Buyer that each of the Warranties is accurate in all respects at the date of this Agreement. |
2.2 | Each of the Warrantors warrants to the Buyer that each of the Repeated Warranties is accurate in all respects at the Repeated Warranty Date on the basis that any reference in the Repeated Warranties, whether express or implied, to the date of this Agreement is substituted by reference to the Repeated Warranty Date for the purposes of the Repeated Warranties. The Second Disclosure Letter shall be delivered to the Buyer no later than 3 Business Days before Completion. |
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2.3 | The Warranties given at the date of this Agreement are subject to matters Disclosed in the First Disclosure Letter. |
2.4 | The Repeated Warranties are subject to matters Disclosed in the Second Disclosure Letter. |
2.5 | The Warranties and the Repeated Warranties are subject to the limitations and qualifications set out in Schedule 3. |
2.6 | None of the Warranties given at the date of this Agreement is subject to, or qualified in any way by, anything Disclosed in the Second Disclosure Letter to the extent that it was not Disclosed in the First Disclosure Letter. The Warrantors acknowledge and agree that the ability of the Buyer to bring any claim in respect of a breach of a Warranty given at the date of this Agreement will not be prejudiced or affected in any way by any knowledge that the Buyer acquires as a result of anything Disclosed in the Second Disclosure Letter to the extent that it was not Disclosed in the First Disclosure Letter. |
2.7 | Save for paragraphs 1 (Share Capital and Constitution of the Company), 2 (Ownership of Group Companies), 3 (The Accounts), 4 (Management Accounts and Locked Box), 5 (Accounting Records) and 7 (Indebtedness) of Schedule 2, each of the Warranties is, regardless of the wording set out in such Warranties, qualified in its entirety by the expression “so far as the Warrantors are aware” and such awareness shall (for the purposes of this clause 2.7 and wherever such expression is used in Schedule 2) be deemed to be the actual knowledge (but not implied, constructive, or (save as otherwise expressly provided for in this clause 2.7) imputed knowledge) any of the Warrantors at the date of this Agreement (or, in the case of the Repeated Warranties at the Repeated Warranty Date) having reviewed the Warranties and made enquiry of the persons listed at Schedule 7 and the awareness of each Warrantor shall be imputed to each other Warrantor. For the purposes of paragraph 15.10 of Schedule 2 only, the Warrantors shall be deemed to be Xxxxxx Xxxxxx and Xxxx Xxxxxxx only and the definition of Warrantors shall be limited to those individuals only. |
2.8 | Each of the Warrantors undertakes (in the absence of fraud) that if any claim is made against him in connection with the Warranties, not to make any claim against any Group Company or any director, employee, agent or adviser of any Group Company upon whom he may have relied before agreeing to any term of this Agreement or authorising any statement in the First Disclosure Letter or the Second Disclosure Letter. |
2.9 | Any payment made by a Warrantor to the Buyer under or in respect of any breach of this Agreement (including, without limitation, in respect of any claim for breach of the Warranties) shall be deemed to be a reduction in the price paid for the Shares under the SPA to the extent legally possible. |
2.10 | The Buyer acknowledges that it does not rely on and has not been induced to enter into the SPA on the basis of any warranties, representations, covenants, undertakings, indemnities or other statements whatsoever, other than those expressly set out in the SPA, this Agreement and/or the Tax Covenant and acknowledges that neither the Sellers or the Group Companies or any of their agents, officers or employees have given any other such warranties, representations, covenants, undertakings, indemnities or other statements. |
2.11 | The sole remedy of the Buyer for any breach of any of the Warranties shall be an action for damages. The Buyer shall not be entitled to rescind or terminate the SPA in any circumstances whatsoever, other than pursuant to clause 8 (Termination) of the SPA or any such right in respect of fraudulent misrepresentation. |
2.12 | The provisions of Schedule 3 which, among other things, regulate or otherwise limit the liability of the Warrantors shall remain in full force and be fully applicable in all circumstances and, in |
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particular, notwithstanding any breach of the Warranties or any claim against any of the Warrantors in respect of the Warranties, whatever its nature or consequences.
2.13 | Each of the paragraphs in Schedule 2 shall be interpreted as being deemed to include all references to the foreign equivalent or nearest foreign equivalent of terms used, statutes and regulations referred to and concepts applied where one of the Companies is incorporated in, does business in or is affected by the laws or regulations of a country outside England and Wales. |
3 | Incorporation of Terms |
The provisions of clauses 12 (Announcements), 13 (Confidentiality), 14 (Entire Agreement), 16 (Assignment and Transfer), 17 (Costs and Expenses), 18 (Interest on Late Payments), 21 (Waiver), 22 (Variation), 23 (Severance), 24 (Further Assurance), 27 (Counterparts) and 31 (Interpretation) of the SPA shall be deemed to be incorporated into this Agreement mutatis mutandis.
4 | Rights of Third Parties |
Save to the extent otherwise specified in this Agreement, any person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Xxx 0000 or otherwise to enforce any provisions of this Agreement (if any).
5 | Entire Agreement |
5.1 | This Agreement along with the First Disclosure Letter, the Second Disclosure Letter, the Tax Covenant and the SPA, constitutes the entire agreement and understanding of the Parties relating to the subject matter of, and transactions contemplated by, this Agreement and supersedes all previous agreements (whether oral or in writing) between the Parties relating to these transactions. |
5.2 | Each Party acknowledges and agrees that: |
(a) | it is not entering into this Agreement on the basis of, and is not relying and has not relied on, any statement or representation (whether negligent or innocent) or warranty or other provision (in any case whether oral, written, express or implied) made, given or agreed to by any person (whether or not a party to this Agreement) except those expressly repeated, or set out in this Agreement and the only remedy or remedies available to the Buyer shall be a claim for breach of contract under this Agreement; and |
(b) | this clause 5.2 (and clause 5.3) shall not apply to any statement, representation or warranty made fraudulently or to any provision of this Agreement which was induced by fraud for which the remedies shall be all those available under the law governing this Agreement regardless of the other terms of this Agreement. |
5.3 | The Buyer acknowledges and agrees that: |
(a) | the express terms of this Agreement are in lieu of all warranties, conditions, terms, undertakings and obligations implied by statute, common law or otherwise, all of which are hereby excluded to the fullest extent permitted by law; and |
(b) | other than as provided under clause 8 (Termination) of the SPA, it will have no rights of rescission or termination and no other rights, remedies or powers provided by law or otherwise for breach of any provision of this Agreement save for a right to claim damages for breach of contract, and such party hereby irrevocably waives any such other rights, remedies and powers. |
5.4 | This Agreement shall not be construed as creating any partnership or agency relationship between the Parties. |
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5.5 | If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any relevant jurisdiction , that shall not affect or impair: |
(a) | the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement; or |
(b) | the legality, validity or enforceability under the law of any other relevant jurisdiction of that or any other provision of this Agreement. |
6 | Notices |
Form of Notice
Any notice, consent, request, demand, approval or other communication to be given or made under or in connection with this Agreement (each a “Notice” for the purposes of this clause 6) shall be in writing and signed by or on behalf of the person giving it.
Method of Service
6.1 | Service of notice must be effected by one of the following methods; |
(a) | by hand to the relevant address set out in clauses 6.3 to 6.5 and shall be deemed served upon delivery if delivered during a Business Day, or at the start of the next Business Day if delivered at any other time; |
(b) | by prepaid first-class post to the relevant address set out in clauses 6.3 to 6.5 and shall be deemed served at the start of the second Business Day after (and excluding) the date of posting; |
(c) | by prepaid international airmail to the relevant address set out in clauses 6.3 to 6.5 and shall be deemed served at the start of the fourth Business Day after (and excluding) the date of posting; or |
(d) | by facsimile transmission to the relevant facsimile number (if any) set out in clauses 6.3 to 6.5 and shall be deemed served on despatch, if despatched during a Business Day, or at the start of the next Business Day if despatched at any other time, provided that in each case a receipt indicating complete transmission of the Notice is obtained by the sender and that a copy of the Notice is also despatched to the recipient using a method described in clauses 6.1(a) to 6.1(c) (inclusive) no later than the end of the next Business Day. |
6.2 | In clause 6.2, “during a Business Day” means any time between 9.30 a.m. and 5.30 p.m. on a Business Day based on the local time where the recipient of the Notice is located. References to “the start of a Business Day” and “the end of a Business Day” shall be construed accordingly. |
Address for Service
6.3 | Notices shall be addressed as follows: |
Party |
Marked FAO |
Address |
Fax Number | |||
The Warrantors’ Representatives | Xxxxxx Xxxxxx and Xxxx Xxxx Xxxxxxx |
Xxxxx 0 & 0 Xxxxxxxx Xxxxxxxx Xxxx Xxxxxxx Xxxx Xxxxxxxx Xxxxxxxxxxx XX00 0XX |
N/A |
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Party |
Marked FAO |
Address |
Fax Number | |||
Buyer |
Xxxxx X. Xxxx (Vice President, Secretary and General Counsel) | 0000 Xxxxxxxxxx Xxx Xxxxxxx XX 00000 Xxxxxx Xxxxxx of America |
x0 000 000 0000 |
Copies of Notices
6.4 | Copies of all Notices sent to: |
(a) | any Warrantor shall also be copied to: |
Marked FAO |
Address |
Fax Number | ||||
XX Xxxxxx LLP |
Xxx Xxxxxx | 00 Xxxxx Xxxxxx Xxxxx, Xxxxxx XX0X 0XX | x00 (0)00 0000 0000 |
6.5 | the Buyer shall also be sent to the Buyer’s Solicitors as follows: |
Buyer’s Solicitors | Marked FAO |
Address |
Fax Number | |||
CMS Xxxxxxx XxXxxxx LLP (Ref:109050.00011) |
Xxxxxx Xxxxxxxxxxx/ Company Secretarial Department | Mitre House 000 Xxxxxxxxxx Xxxxxx Xxxxxx XX0X 0XX |
x00 (0)00 0000 0000 |
6.6 | Such copies shall be sent or given in accordance with one of the methods described in clause 6.1(a) to 6.1(d) inclusive. Failure to communicate such copies shall not invalidate such Notice. |
Change of Details
6.7 | A Party may change its address for service provided that the new address is within the same country and that it gives the other parties not less than 28 days’ prior notice in accordance with this clause 6. Until the end of such notice period, service on either address shall remain effective. |
No Email
6.8 | For the avoidance of doubt (and unless otherwise expressly agreed by the recipient), any Notice shall not be validly served if sent by electronic mail. |
6.9 | The provisions of this clause shall not apply in relation to the service of Service Documents. |
7 | Governing Law and Jurisdiction |
7.1 | This Agreement is governed by and is to be construed in accordance with English law. |
7.2 | The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with this Agreement in respect of any claim brought against the Warrantors (or any of them) and shall have exclusive jurisdiction in respect of any claim brought by the Warrantors (or any of them). |
8 | Payments |
8.1 | Unless otherwise expressly stated (or as otherwise agreed by the relevant Parties in the case of any particular payment), each payment to be made under this Agreement shall be made in EUROS by transfer of the relevant amount into the relevant account on or before the date on which the payment is due for value and otherwise in accordance with the provisions of this clause 8. |
8.2 | Subject to clause 8.1, the relevant account for any payment shall (in the absence of any express provision in this Agreement) be such account as the receiving Party shall (not less than five Business Days before the payment is due) have specified by giving notice to the paying Party for the purposes of that payment. |
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9 | Assignment |
The Buyer is permitted to assign the benefit of, and any of its rights under, this Agreement (including under the Warranties) together with any cause of action arising in connection with any of them (but not, for the avoidance of doubt, any liability or obligation) to its successor in title or to any member of the Buyer’s Group provided that:
(a) | if such assignee ceases to be a member of the Buyer’s Group such benefits, rights and causes of action shall be reassigned to the Buyer within 14 days or shall be extinguished; and |
(b) | the liability of the Warrantors or any of them shall not be increased. |
10 | Exchange Rate |
For the purposes of calculating the foreign currency equivalent of any amount under this Agreement, the currency exchange rate used shall be the rate set out in Schedule 9 of the SPA.
11 | Agent for service |
11.1 | The Buyer irrevocably appoints Kennametal UK Limited of Xxxxxxxx 00, Xxxxx Xxxxxx, The Pensnett Xxxxxxx Xxxxxx, Xxxxxxxxxxxx, Xxxx Xxxxxxxx, XX0 0XX, United Kingdom (for the attention of: Xxxx Xxxxxx (Finance Director)), to be its agent for the receipt of Service Documents. It agrees that any Service Document maybe effectively served on it in connection with Proceedings in England and Wales by service on its agent affected in any manner permitted by the Civil Procedure Rules. |
11.2 | If the agent at any time ceases for any reason to act as such the Buyer shall appoint a replacement agent having an address for service in England and Wales and shall notify the Warrantors’ Representatives of the name and address of the replacement agent. Failing such appointment and notification, the Warrantors’ Representatives shall be entitled by notice to the Buyer to appoint a replacement agent to act on behalf of the Buyer. The provisions of this clause applying to service on an agent apply equally to service on a replacement agent. |
11.3 | A copy of any Service Document served on an agent shall be sent by post to the Buyer. Failure or delay in so doing shall not prejudice the effectiveness of service of the Service Document. |
12 | Language |
The language of this Agreement (and the transactions envisaged by it) is English. All notices, demands, requests, statements, certificates or other documents or communications to be provided in connection with this Agreement (and the transactions envisaged by it) must be in English or accompanied by a certified English translation (in which case the English translation shall prevail unless the document or communication is a statutory, or other official, document or communication). The receiving party shall be entitled to assume the accuracy of and rely upon any English translation of any document provided pursuant to this clause 12.
IN WITNESS WHEREOF THIS DOCUMENT HAS BEEN DULY SIGNED ON THE DATE STATED ABOVE.
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SCHEDULE 1
The Warrantors
NAME |
ADDRESS |
PROPORTION (%) | ||
Xxxxxxx Xxxxxx Xxxxx |
Xxxxxx 5, Xxxx-y-Felin Xxxxxxx Xxxx xx Xxxxxxxxx XX00 0XX |
12.4 | ||
Xxxxxx Xxxxx Xxxxxx |
Xxxxxxxxx Xxxx Xxxxxx Xxxxx Xxxx XX00 0XX |
32.3 | ||
Xxxx Xxxx Xxxxxxx |
Xxxxxxxxxx Xxxxx Xxxxxxxxxx Xxxxxxxxxxxx XX00 0XX |
24.0 | ||
Xxxx Xxxx |
N.216 Lane 285 Ju Xxx Xxxx Xx Xxxx Xxx Xxxxxxxx Xxxxxxxx 000000 Xxxxx |
4.8 | ||
Xxxxxx Xxxxxx Xxxxxxx |
000-0 Xxxxxx Xxxxxx Xxxx Xxxxxxxxxx X0X 0X0 Xxxxxx |
10.2 | ||
Xxxxxxx Xxxxx |
Xxxxxxxx 00 Xxxxxx 00000 Xxxxxxx |
10.7 | ||
Xxxxxx de Wet |
0000 Xxxxxx Xxxxxxxx Xx. Xxxxxxxx Xxxxxxx X0X 0X0 |
5.6 |
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SCHEDULE 2
Management Warranties
1 | Share Capital and Constitution of the Company |
1.1 | The Shares comprise all the shares in issue in the capital of the Company and each of the Shares has been validly issued, is fully paid up (other than the nil paid C ordinary shares and D ordinary shares) or credited as fully paid up. |
1.2 | There is no option, right of pre-emption, right or obligation to acquire, redeem or convert or Encumbrance on, over or affecting the unissued share capital (whether or not authorised capital) of any Group Company. |
1.3 | No Group Company has agreed to give or create any option, right of pre-emption, right or obligation to acquire, redeem or convert or Encumbrance on, over or affecting the unissued share capital (whether or not authorised capital) of any Group Company, and no person has claimed to be entitled to any of the foregoing. |
1.4 | Each Group Company is validly incorporated and subsisting in the jurisdiction in which it is registered. |
1.5 | The copies of the memorandum and articles of association or other like constitutional documents of each Group Company required by local law are Disclosed in the Data Room and are complete and accurate in all respects and fully set out the rights and restrictions attaching to each class of share capital of the Group Company to which they relate. |
1.6 | The statutory books (including all registers and minute books) of each Group Company have been properly kept and contain an accurate and complete record of the matters which should be dealt with in those books and no notice or allegation that any of them is incorrect or should be rectified has been received. |
1.7 | All documents of any material effect which should have been delivered by any Group Company to the relevant company registry have been properly so delivered. |
2 | Ownership of Group Companies |
2.1 | The information set out in Schedule 4 is true and accurate in all respects and not misleading because of any omission or ambiguity or for any other reason. |
2.2 | Part 2 of Schedule 4 lists all the subsidiaries of the Company and no member of the Group has any interest in any other body corporate or a proprietory interest in any other business entity or subsidiary undertaking as defined in the Companies Xxx 0000 which is not a member of the Group. |
3 | The Accounts |
3.1 | The Accounts were prepared in accordance with generally accepted accounting practices, principles and standards, consistently applied, in the relevant jurisdiction as at the date of their preparation. |
3.2 | The bases, accounting policies, practices and methods adopted for the purpose of preparing the Accounts were the same as those adopted in preparing the audited consolidated accounts of the Group as a whole and the audited accounts of each of the Relevant Companies respectively in respect of each of the three financial years preceding the financial year ended on the Accounts Date. |
3.3 | The Accounts give a true and fair view of the financial position of the Group as a whole and each of the Relevant Companies, as the case may be, as at the Accounts Date and of the profits of the |
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Group as a whole and each of the Relevant Companies, as the case may be, for the financial year ended on the Accounts Date. |
3.4 | The Accounts are not affected by any extraordinary or exceptional material and non-recurring items nor by any transactions effected other than at arm’s length. |
3.5 | Neither the profits nor the financial position of the Group as a whole or the Relevant Companies during the last six years has been affected by any contract or arrangement with any other Group Company or Seller or a Seller’s Connected Persons that was not on arm’s length terms. |
4 | Management Accounts and Locked Box Accounts |
4.1 | The Management Accounts (including, for the avoidance, the Locked Box Accounts) have been prepared in conformity with UK GAAP recognising that such Management Accounts have been prepared for management purposes only, consistently applied relative to those methods and procedures used to prepare the audited consolidated Company accounts but having regard to the fact that they are not prepared to an audit standard. The Locked Box Accounts include all adjustments required to ensure conformity with UK GAAP (recognising that such Locked Box Accounts have been prepared for management purposes only and not to an audit standard), and fairly present, in all material respects, the financial position and operating results of the Group as a whole as at the Locked Box Date and for the nine month period from the Accounts Date to the Locked Box Date. The Management Accounts include all adjustments required to ensure conformity with UK GAAP (recognising that such Management Accounts have been prepared for management purposes only and not to an audit standard), and fairly present, in all material respects, the financial position and operating results of the Group as a whole as at 30 November 2011 and for the eleven month period from the Accounts Date. |
4.2 | The Management Accounts are not affected by any extraordinary, exceptional and non-recurring items save as specified in the First Disclosure Letter. |
4.3 | The Locked Box Accounts have been properly derived from the Management Accounts prepared as at the Locked Box Date and for the nine month period then ended. In deriving the Locked Box Accounts from the Management Accounts, receivables and payables between Group Companies have been eliminated and investments in Subsidiaries have been eliminated against the respective equity with the difference being disclosed in goodwill. |
5 | Accounting Records |
For the three years prior to the date of this Agreement, the accounting records of each Group Company have been kept on a proper basis in accordance with the standards and procedures of the Group as specified in Folder 1.1.3.2 of the Data Room and have been kept on a consistent basis with the Group’s usual practice, subject to the adoption of recommendations approved by the Group’s auditors from time to time, are up to-date in accordance with reasonable business practice, and contain relevant material details of the business activities of the member of the Group concerned.
6 | Events since the Accounts Date |
Since the Accounts Date:
(a) | the business of each Group Company has been carried on in the ordinary course and in the same manner (including nature and scope) as immediately before the Accounts Date; |
(b) | no resolution of the members of any Group Company has been passed, save for those representing the ordinary business of an annual general meeting; |
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(c) | no share or loan capital of any Group Company has been issued, redeemed, purchased or repaid in whole or in part or has become liable to be repaid other than in the ordinary course of carrying on its business; |
(d) | no asset of a value in excess of €75,000 has been acquired or disposed of by any Group Company, and no Group Company has agreed to acquire or dispose of such an asset, otherwise than in the ordinary course of business; |
(e) | no Group Company has assumed or incurred or agreed to assume or incur any actual or contingent liability in excess of €75,000 in respect of any individual item and €750,000 in aggregate otherwise than in the ordinary course of business; |
(f) | no Group Company has declared, made or paid any dividend or other distribution or redeemed or purchased or agreed to redeem or purchase any of its share capital; |
(g) | no change in the accounting reference period of any Group Company has been made; |
(h) | all book debts shown in the Accounts have been realised for an aggregate sum not being less than that shown in the Accounts other than credit notes issued in the ordinary course of business the issue of which is reflected in the Management Accounts and no written notice has been received that any debt in excess of €250,000 now owing to any Group Company is bad or requires to be treated as doubtful in accordance with the Group’s usual practice and procedures as specified in Folder 1.1.3.2 of the Data Room; |
(i) | no Group Company has made or incurred, or agreed to make or incur capital expenditure exceeding in total €75,000 except as provided for in the Budgeted Figures; |
(j) | no Group Company has merged or consolidated with another corporate body or any other person, or entered into any demerger transaction or participated in any other type of corporate reconstruction; and |
(k) | no agreement has been entered into to implement any of the foregoing. |
7 | Indebtedness |
7.1 | The Group’s Indebtedness as at 31 December 2011 in respect of the accounts specified in the First Disclosure Letter was for amounts specified in the First Disclosure Letter and there are no loan agreements in place between any of the Sellers and a Group Company other than the Loan Notes (as defined in the SPA). |
7.2 | Other than in the ordinary course of business, no Group Company has created or agreed to create any Encumbrance or entered into or agreed to give or enter into any guarantee, suretyship, indemnity or similar commitment, in each case, in respect of any indebtedness, obligation or liability of any other party other than another Group Company in excess of €100,000. |
7.3 | Full details of all overdraft, loan and other financial facilities available to any Group Company are set out in the First Disclosure Letter. Details of all debentures, charges, guarantees and indemnities given to secure those facilities are set out in the First Disclosure Letter. |
7.4 | There is no penalty or pre-payment charges or other fees due and payable in connection with the repayment of any Indebtedness. |
8 | Environmental |
8.1 | No Group Company is in breach of any material Environmental Law which breach could give rise to a material adverse impact on the business of any Group Company. |
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8.2 | No Group Company has in the 36 months prior to the date of this Agreement received any written notification under Environmental Laws requiring it to take or omit to take any action which is material in the context of the business of any Group Company. |
8.3 | The Group has all necessary Environmental Permits to carry out its business as at the date of this Agreement the absence of which would have a material effect on the business of any Group Company and has complied with Environmental Permits and their conditions and no expenditure in excess of €100,000 in total has been identified by the Group as being required to be spent to ensure compliance with any Environmental Permit (including any improvement programmes) over the next three years. |
8.4 | In the 36 months prior to the date of this Agreement, there have not been any claims, demands, actions or proceedings against any Group Company by any employees or third parties or any Environmental Authority in relation to asbestos, manganese or otherwise under any Environmental Laws, which are material in the context of any Group Company. |
8.5 | There are annexed to the First Disclosure Letter or included in the Data Room copies of all environmental reports/audits relating to the Environment or health and safety prepared by or on behalf of the Group in respect of the Properties in the 36 months prior to the date of this Agreement. |
9 | Tax |
9.1 | Each Group Company has paid all Tax prior to Completion for which it has become liable to pay prior to the date hereof. |
9.2 | There is no dispute with any Tax Authority and the Company has not been the subject of any review, audit or investigation by any Tax Authority and there is no fact or circumstance which is likely to give rise to any such dispute, audit, review, investigation or question. |
9.3 | There are no circumstances which would reasonably be considered to be likely to give rise to a dispute between a Group Company and any Tax Authority in relation to any liability to Tax. |
9.4 | All payments by any Group Company to any person which ought to have been made under deduction or withholding of Tax (including without limitation royalty and interest payments and payments to employees) have been so made and any Group Company has (if required by law to do so) provided a certificate of deduction or withholding to such person in the required form and accounted to the relevant Tax Authority for the Tax so deducted or withheld. |
9.5 | All instalments of corporation tax which are required to have been paid between the Accounts Date and the date of this Agreement have been paid. |
9.6 | No Group Company has in the 36 months prior to the date of this Agreement paid or become liable to pay any penalty, fine or surcharge in connection with Tax. |
9.7 | Each Group Company has in the 12 months prior to the date of this Agreement properly operated the PAYE system or any equivalent payroll deduction system in any other jurisdiction in all material respects by duly deducting Tax from all payments made, or treated as made, to its employees or former employees, and accounting to HM Revenue & Customs or other Tax Authority for all tax deducted by it and for all tax chargeable on benefits provided for its employees or former employees. |
9.8 | Each Group Company has made all returns, claims for relief, applications, notifications, computations, reports, accounts, statements, registrations and assessments (whether physically in existence or electronically stored) (“Returns”) it is required by law to make. All Returns have been properly submitted by the relevant Group Company within any relevant time limits to each relevant |
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Tax Authority and the Returns give full disclosure of all material facts and circumstances and are not likely to be the subject of any question or dispute with any Tax Authority. |
9.9 | Each Group Company has prepared, kept and preserved sufficient records to enable it to make and complete returns for Tax purposes. Such records enable each Group Company to calculate the liability to Taxation or the amount of a relief arising on the disposal of any asset owned at the Accounts Date or acquired since the Accounts Date but before Completion and otherwise as required by law. |
9.10 | The Disclosure Letter contains details so far as they affect any Group Company of all arrangements with any Tax Authority that are not based on a strict application of the law relating to Tax (other than published extra statutory concessions, statements or practice and statements of a similar nature) and so far as the Warrantors are aware no such arrangement is liable to be withdrawn for any reason. |
9.11 | Each Group Company has, throughout the whole of the period beginning three years before the Accounts Date and ending on the date hereof, been registered and been eligible to be registered and is a taxable person for the purposes of value added tax (or any equivalent tax in other jurisdictions) and such registration is not subject to any conditions imposed by or agreed with HM Revenue & Customs or any other Tax Authority. |
9.12 | Each Group company has in the 12 months prior to the date of this Agreement complied in all material respects with all its obligations in relation to value added tax in the UK and any equivalent tax in other jurisdictions. |
9.13 | No Group Company is registered for the purposes of value added tax as a member of a group of companies that any other company (other than another Group Company) is a member. |
9.14 | The Accounts provide for all Tax for which the Group was liable at the Accounts Date. |
9.15 | Neither the entering into nor completion of the Agreement will give rise to any Tax liability for any Group Company. |
9.16 | All transactions, financing and other arrangements to which the Group Companies are party have been entered into on an arm’s length basis. |
9.17 | There is an agreement in place which entitles Microfusione Stellite SpA to recover under an indemnity from Intek SpA if Microfusione Stellite SpA is liable for any tax in respect of the sale of property to Intek SpA. |
9.18 | No Group Company is liable or may become liable to pay, or make reimbursement or indemnity in respect of, any Tax (or amounts corresponding to any Tax) payable by or chargeable on or attributable to any other person, whether in consequence of the failure by that person to discharge that Tax within any specified period or otherwise, where such Tax relates to profits, income, gains or a transaction, event, omission or circumstance arising, occurring or deemed to arise or occur on or prior to Completion. |
9.19 | No Group Company has been party to any arrangements, transaction or series of transactions, which it has or may become liable to notify to any Tax Authority under any legislation requiring the disclosure of tax avoidance schemes. |
9.20 | No Group Company has established (or is a participant in) any bonus, share option, profit related pay or other scheme or arrangement, whether or not approved by a Tax Authority, for the benefit of its current or former directors or employees or any of them. |
9.21 | Each Group Company is and always has been resident only in its country of incorporation for Tax purposes and for the purposes of any double taxation agreement. No Group Company is liable to, and has at no time incurred any, or is required to be registered for any Tax in any jurisdiction other |
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than its jurisdiction of incorporation or had a branch outside its jurisdiction of incorporation or any permanent establishment (as that expression is defined in the respective double taxation relief orders current at the date of this Agreement) outside its jurisdiction of incorporation. |
9.22 | There is no instrument to which any Group Company is a party and which is necessary to establish any Group Company’s rights or any Group Company’s title to any asset, which is liable to stamp duty or equivalent transfer tax and which has not been duly stamped or such liability has not been discharged, or which would attract stamp duty or transfer tax, interest or penalties if brought into the United Kingdom or any other jurisdiction |
9.23 | Properly executed “check the box” elections have been filed on form 8832 to treat ATS Stellite SAS and STS Sferic (the entities comprising the French Medical Business) as disregarded for U.S. tax purposes. |
10 | Properties |
10.1 | The Properties comprise all of the material property and land owned, leased, occupied or otherwise used in connection with the business of the Group as at the date hereof and no Group Company has any liability (whether actual contingent or otherwise) as tenant, assignee, guarantor, contractor or otherwise arising from or relating to any estate, interest or right in any land other than the Properties. |
10.2 | The information in respect of the Properties set out in Schedule 5 is in all respects, true and accurate. |
10.3 | A Group Company is the sole legal and beneficial owner of the Properties. |
10.4 | None of the Properties are subject to an Encumbrance that will not be released at Completion. |
10.5 | There is no person in possession or occupation of, or who has or claims a right or interest of any kind in, any of the Properties adverse to the relevant Group Company’s interest. Except as stated in Schedule 5, a Group Company is entitled to and has exclusive vacant possession of the Properties. |
10.6 | There are no outstanding actions or disputes between a Group Company and a third party which so far as the Warrantors are aware would have a material adverse effect on the use or enjoyment of any of the Properties by the relevant Group Company or which could give rise to a material liability for the relevant Group Company. |
10.7 | The present use of each Property is the permitted use under applicable planning legislation. |
10.8 | No application for a certificate of the lawfulness of any use or change of use in relation to any Property has been made in the last 12 months. |
10.9 | No enforcement notice, stop notice, breach of condition notice or revocation, modification or discontinuance order affecting any Property has been served or threatened in the last 12 months. |
10.10 | None of the Properties is the subject of a compulsory purchase order, notice to treat or a notice of entry and no proposals have been published for its compulsory acquisition. |
10.11 | There are no proposals for the development of any property and no traffic proposals, schemes, or proposals to construct new roads or tunnels or carry out other substantial works in the vicinity of any Property which would have an adverse affect on such Property. |
10.12 | In relation to each Property which is leasehold: |
(a) | the Property is held under the terms of the lease (the “Lease”), true and complete copies of which are in the Data Room, briefly referred to in Schedule 5; |
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(b) | there are no rent reviews outstanding by the lessor from a date prior to the Completion Date; |
(c) | the rent and all other sums payable under the Lease have been paid to date, and no written notice has been received that any Group Company is in breach of any covenants and conditions contained in the Lease or in any licence, consent or other document entered into supplemental to the Lease, and no written notice has been received that any such breaches have been waived or acquiesced in and the Lease is valid and in full force; |
(d) | there are no restrictions in the Lease or any superior title which prevent the Property from being used now or in the future for its present use. |
11 | Compliance and Litigation |
11.1 | The business of the Group has been carried on in the 36 months prior to the date of this Agreement and is being carried on in such manner so that there have been no breaches of applicable laws (including all statutes, orders or regulations relating to each Property, its current use or development or the employment of persons or the use of any fixtures, machinery or chattels therein), legal duties, including those imposed by contract or collective agreements in respect of the employees and officers of each Group Company, regulations and by-laws in each country in which it is carried on which would have a material adverse effect on the business of the relevant Group Company. |
11.2 | There is no investigation or enquiry by, or order, decree, decision or judgment of, any court, tribunal, arbitrator, governmental agency or regulatory body outstanding against any Group Company, nor has any notice from any court, tribunal, arbitrator, governmental agency or regulatory body been received with respect to an alleged material actual or potential violation and/ or failure to comply with any applicable laws, legal duties, regulations and by-laws in each country in which it is carried on. |
11.3 | Save for collection of debts in the ordinary course of business, no Group Company is now engaged in any material litigation, arbitration or criminal proceedings; there are no proceedings pending or threatened, either by or against a Group Company and, so far as the Warrantors are aware, there are no circumstances likely to give rise to any such proceedings. |
11.4 | So far as the Warrantors are aware, no Group Company, nor any of its officers, employees or agents, has in the 12 months prior to the date of this Agreement, or is presently or has agreed to become, engaged in any conduct (including by way of acquiescence or failure to perform) that would constitute an offence under the Xxxxxxx Xxx 0000 or any other relevant anti-bribery laws. |
11.5 | Each Group Company has at all relevant times had in place adequate procedures designed to prevent persons associated with it within the meaning of the relevant anti-bribery laws from undertaking any conduct that would constitute an offence by the Group Company under the relevant anti-bribery laws and all such procedures have been Disclosed. |
11.6 | So far as the Warrantors are aware, none of the businesses or activities of any Group Company as currently conducted are likely to give rise to any sanction under any trade regulation legislation in respect of any products manufactured by any Group Company or in which any Group Company trades. |
11.7 | So far as the Warrantors are aware, each Group Company: |
(a) | is, and has been in the 24 months prior to the date of this Agreement, to the extent it is required by law or regulation, in compliance with all applicable United States export and trade control laws and regulations, including without limitation (i) the Export Administration Regulations (“EAR,” 15 C.F.R. Parts 730-774); (ii) the International Traffic |
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in Arms Regulations (“ITAR,” 22 C.F.R. Parts 120-130); and (iii) the economic sanctions laws and regulations administered by the United States Government, including those set forth in 31 C.F.R. Parts 500-598 (and specifically including the Iranian Transactions Regulations (“ITR,” 31 C.F.R. Part 560)), and all Executive Orders issued by the President of the United States imposing sanctions on various parties and on certain trade-related activities and dealings; |
(b) | is not now engaged in or contractually obliged to perform any business, financial, or other dealings or activities that would currently subject any Group Company or any of its subsidiaries to sanctions imposed by the United States Government under the Iran Sanctions Act of 1996 (“ISA,” Pub. L. 104-172, 50 U.S.C. §1701 note), as amended by the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (“CISADA,” Pub. L. 111-195, 22 U.S.C. §8501 et seq.) and as further supplemented by Executive Order 13590 (effective November 21, 2011); |
(c) | is not (to the extent that the Group Company is breaching the relevant statute, regulation, Executive Order or U.S. government asset blocking measures referred to below, in so far as they apply to such Group Company) engaged in or contractually obligated to perform any business, financial, or other dealings with any persons subject to, or owned or controlled by persons subject to, (i) asset-blocking measures imposed by the United States Government through statute, regulation, Executive Order, or otherwise, including without limitation U.S. government asset-blocking measures imposed on parties associated with proliferation of weapons of mass destruction or support for terrorism, or (ii) asset freeze measures imposed by the European Union or, where applicable, its Member States; |
(d) | is now, and has been in the 12 months prior to the date of this Agreement, in compliance with: (i) the European Union (“EU”) Dual-use Regulation (Regulation no 428/2009), (ii) all applicable EU sanctions regulations, including the Regulation no 961/2010 imposing sanctions against Iran (as amended), and (iii) all applicable EU Member State laws and regulations relating to exports, sanctions, and trade controls, including all applicable Italian laws and regulations (in particular, the Italian Legislative Decree no 96 of 9 April 2003, supplementing the EU Dual-use Regulation; and the Italian Law no 185 of 9 July 1990 governing the export, import and transit of arms and munitions), |
and in each case, save to the extent that any non-compliance with any of (a) to (d) (inclusive) would not have a material effect on the business of the relevant Group Company. |
11.8 | No Group Company has directly supplied any goods or services to the Chinese military or is aware of any goods or services which were supplied by the relevant Group Company being supplied by any of its distributors or purchasers to the Chinese military. |
12 | Licences |
12.1 | Each Group Company has obtained all necessary licences, permits, authorisations or consents required by law in order for it to carry on its business as now carried on (“Licences”), the absence of which would have a material adverse effect on that Group Company’s business. |
12.2 | The Licences are valid and subsisting and have been complied with in all material respects. |
12.3 | The Group has not received any notice in writing indicating that any of the Licences will be suspended, cancelled, modified or revoked in whole or in part (whether as a result of the entry into or completion of the SPA or otherwise). |
12.4 | Complete and accurate copies of the Licences are contained in the Data Room at 1.1.11.2, 1.4.11.2, 1.5.11.2, 1.9.8, 2.1.8, 2.1.19.2.2, 3.1.8, 3.1.11.2, 4.1.8, 4.2.8, 5.3.8, 5.3.11.2, 5.3.18.4.1, |
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5.3.18.4.2, 5.3.19.1.9, 5.3.19.1.10, 5.4.6.4.1, 5.4.8, 6.1.8, 6.2.2.3.4, 6.2.2.3.6, 6.2.8, 6.2.11.2, 6.2.13.1.6, 7.1.13.1.5, 7.2.13.5, 8.1.8, 9.1.1.3.5 9.1.2.3.6, 9.1.1.3.6 9.1.2.3.6, 9.1.2.3.11, 9.1.2.3.12, 9.1.6.4.1 and 9.1.8. |
13 | Assets, IP and IT |
13.1 | There are no Encumbrances, other than the Permitted Security over or affecting the whole or any part of the undertaking or assets of any Group Company and there is no agreement or commitment to give or create any and no claim has been made by any person to be entitled to any. |
13.2 | The assets owned by each Group Company, together with the Intellectual Property Rights and assets held under or by virtue of any licence, hire purchase and leasing agreements entered into in the ordinary course of business comprise all the material assets which are reasonably necessary for the continuation of its business as now carried on, and no material assets owned by the Group are in the possession of or under the control of any of the Sellers. |
13.3 | Subject to the agreements, arrangements or licences whereby: |
(a) | a Group Company uses or exploits any Intellectual Property Rights belonging to a third party, which agreements, arrangements or licences have been disclosed in the Disclosure Documents; or |
(b) | a Group Company has authorised or otherwise permitted the use of any Intellectual Property Rights, which agreements, arrangements or licences have been disclosed in the Disclosure Documents, |
the Group Companies are the sole beneficial owners of all material Intellectual Property Rights. No written notice has been received that any of the Intellectual Property Rights or agreements relating thereto are the subject of outstanding or threatened disputes, claims or proceedings or have been subject to a challenge, opposition or attack by a third party or competent authority. |
13.4 | None of the Group Companies have been a party to or have received a threat in writing of litigation or a claim relating to the infringement of any intellectual property rights of a third party passing off or unfair competition and no Group Company has received notice in writing or otherwise indicating that any such litigation may be forthcoming. |
13.5 | The Group Companies own all IT Systems (other than readily available IT Systems from third parties used under licence) used by them, which are reasonably necessary for the operation of the business of the Group. The IT Systems are not wholly or partly dependent upon any facilities or services not under the exclusive ownership or control of the Group Companies. The IT systems which are reasonably necessary for the operation of the business of the Group function are in all material respects in accordance with applicable specifications. |
13.6 | All Intellectual Property Rights created for the Company has been created by an employee of the Company acting within the course of his employment or a third party bound by an agreement vesting ownership in the Company. |
13.7 | Complete copies of all licences in respect of Intellectual Property are in the possession of the Companies. |
13.8 | All licenses in respect of Intellectual Property have been entered into in the ordinary course of business |
13.9 | All Intellectual Property Rights are free and clear of any Encumbrances or licences or sub licences to third parties. |
13.10 | No member of the Group is delinquent in the payment of any fees, royalties, maintenance, service or other payment obligation to any other person in respect of Intellectual Property Rights. |
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13.11 | The activities of the Group do not make unauthorised use of the confidential information of any third party. |
13.12 | The Warrantors are not aware of any breach of any obligations of confidentiality owed by any person to the Company, including for this purpose by its employees, consultants, agents or professional advisers. |
13.13 | All renewal, application and other official registry fees and steps reasonably required for the maintenance, protection and enforcement of all registered Intellectual Property Rights have been paid or taken. |
14 | Insurance |
14.1 | All material insurance policies maintained by any Group Company or the Group (“Insurance Policies”) have been disclosed in the Data Room Documents. |
14.2 | Details of any outstanding claims, notifications to insurers or losses incurred which relate to any Group Company and are likely to result in a claim under the Group’s insurance are contained in the First Disclosure Letter. |
14.3 | All premiums due and payable in respect of the Insurance Policies have been paid. |
14.4 | None of the coverage provided by the Insurance Policies has been eroded or exhausted by claims of any sort paid to date. |
15 | Key Contracts |
15.1 | Copies of all material contracts (to the extent such contracts are in existence) to which any of the Group Companies are a party have been disclosed in the Data Room and there are no circumstances in existence or contemplated (including consummation of the transactions under the SPA) which will give rise to a default by any Group Company or by the other parties under any such contracts which would have a material adverse effect on the business of the relevant Group Company as carried on as at the date of this Agreement. For the purpose of this clause, a contract shall be treated as being “material” if it is contained in the list of top 10 suppliers and top 10 customers of the Group set out at Schedule 10. |
15.2 | Compliance with the SPA and this Agreement will not breach or constitute a default under an agreement or arrangement to which a Group Company is a party. |
15.3 | No Group Company has given any covenants limiting or excluding its right to do business and/or compete in any area or field (whether limited by reference to a geographical area or type of business) with any other person (other than any such undertakings which relate to not competing with a Joint Venture Company or exclusive distributors). |
15.4 | No Group Company has in the 12 months prior to the date of this Agreement become a party to and/ or become liable under, a guarantee, indemnity or other agreement to secure or incur a financial or other obligation with respect to another person’s obligation other than an obligation of another Group Company. |
15.5 | There is no agreement or arrangement (legally enforceable or not) to which a Group Company has in the 12 months prior to the date of this Agreement become a party and in which a Seller, a director or former director of a Group Company is interested in any way. |
15.6 | No person is entitled to receive a fee, brokerage or commission from a Group Company in connection with this Agreement or the SPA. |
15.7 | Other than the Existing Shareholders Agreement and any employment agreements (including bonus arrangements or compromise agreements) included in the Data Room Documents, there |
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are no agreements, arrangements or contractual obligations between any Group Company on the one hand and any Seller on the other hand. |
15.8 | Since the Accounts Date no written notice has been received from a customer of or supplier to the Group who is party to a material contract stating that it has ceased or reduced or intends to cease or reduce such trading to a material degree. |
15.9 | No Group Company is a party to any agreement under which it enjoys rights or has subsisting obligations at the date of this Agreement, and no Group Company has submitted an offer or tender which is capable of being converted into an agreement: |
(a) | which constitutes a partnership, joint venture, consortium or joint development; |
(b) | which is not in the ordinary course of business or which is made with any other Group Company or Seller or a Seller’s Connected Persons and is not on arm’s length terms; |
(c) | which contains outstanding warranties, indemnities or representations given in connection with a sale of shares or of a business undertaking in whole or in part; or |
(d) | which involves agency or distribution arrangements outside the ordinary course of business. |
15.10 | Neither Xxxxxx Xxxxxx nor Xxxx Xxxxxxx had actual knowledge, as at 23 December 2011, of any breach, inaccuracy or non-performance of clauses 6.1 to 6.8 inclusive of the French SPA or any occurrence of a Tax or Labor Event (as defined in the French SPA) and prior to that date neither Xxxxxx Xxxxxx nor Xxxx Xxxxxxx were actually aware that any member of the Group had received notice of any claim under the French SPA. |
16 | Employees and pensions |
16.1 | The Disclosure Documents contains particulars of: |
(a) | the identities, dates of commencement of employment or appointment to office, and terms of employment or appointment of all Key Employees (being those persons whose names are listed in Schedule 8); |
(b) | those employees who are on secondments, sabbaticals, maternity leave or absent because of disability or other long-term leave of absence and have or may have a statutory or contractual right to return to work with any Group Company (including last working day and expected date of return if known); |
(c) | positions currently vacant and any new position advertised or intended to be advertised; |
(d) | any employee whose basic salary exceeds €100,000 per annum currently working out their notice and reasons for leaving; and |
(e) | any former employee of any Group Company whose basic salary exceeded €100,000 per annum whose position was terminated by such Group Company since the Accounts Date and the reason for termination. |
16.2 | No employees or directors of any Group Company (other than the Warrantors) are entitled, or will become entitled to receive any payment or other benefit from any Group Company in respect of the proposed sale of the Group. |
16.3 | Each Warrantor confirms that he is not entitled to, or will become entitled, to any payment or other benefit, from any person in respect of the proposed sale of the Group Companies. |
16.4 | The principal terms and conditions of each grade and category of employee have not materially changed in the 12 months prior to the date of this Agreement and, so far as the Warrantors are aware, in respect of any officer or employee of any Group Company, no Group Company is |
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obliged to or has made provision to increase or vary from the current basis as disclosed in accordance with warranty 16.1(a): |
(a) | any non-cash benefits receivable such that the total annual cost of such benefits would increase by more than 5 per cent per annum; |
(b) | the salary, bonus, or other remuneration such that the total annual payroll would increase by more than 5 per cent per annum; or |
(c) | the rate of remuneration of any Key Employee. |
16.5 | Except as Disclosed, there are no share option or share incentive schemes for any officer or employee of any Group Company and there are no bonus, commission, profit sharing or other incentive schemes for any officer or employee of any Group Company whose basic salary exceeds €100,000 or affecting any group of more than 10 employees from the same facility. |
16.6 | No Group Company owes any amount to any current or former director, other officer, worker, employee, or consultant other than for accrued salary or fees, accrued holiday pay or reimbursement of business expenses for the month current as at the date of this Agreement. |
16.7 | All consultancy agreements under which the Group incurs a liability exceeding €100,000 per annum for the provision of the services of individual consultants have been disclosed in the Data Room Documents. |
16.8 | Except as Disclosed no Group Company has any obligation to provide any maternity, paternity, adoption or other family friendly/carer-related benefits to any employee in excess of applicable statutory minimum requirements. |
16.9 | In the 12 months prior to the date of this Agreement, no employees have transferred to, or from, any Group Company pursuant to the Transfer of Undertakings (Protection of Employment) Regulations 2006 or any equivalent legislation (if any) implementing the Acquired Rights Directive (Directive 77/187/EC, subsequently revised and consolidated in Directive 2001/23/EC) in the countries in which the Group Companies are based. |
16.10 | Within 12 months ending on the date of this Agreement, no Group Company has implemented any redundancy or severance exercise which has involved 10 or more staff leaving within any 3 month period. |
16.11 | Each Group Company has in relation to each of its employees complied in all material respects with all material obligations imposed on it by all contracts, statutes, directives, orders, regulations, collective agreements, awards, codes of conduct and customs and practice, relevant to their terms and conditions of employment or engagement and to the relations between it and its employees. |
16.12 | Save for the Relevant Schemes, there is not in operation as at the date of this Agreement, and there has not been in operation at any time before the date of this Agreement, and no proposal has been announced to enter into or establish, any agreement, arrangement for the payment by any Group Company of, or of a contribution towards, any Relevant Benefits relating to a defined benefit scheme for the benefit of a Pensionable Employee or a Pensionable Employee’s dependants. |
16.13 | So far as each of the Warrantors is aware, each of the Relevant Schemes has been designed to comply with, and has been administered in accordance with, all applicable legal and administrative requirements. |
16.14 | All amounts due in respect of each of the Relevant Schemes by the relevant Group Company have been paid in accordance with legal requirements. |
16.15 | So far as each of the Warrantors is aware, there is no civil, criminal, arbitration or administrative proceeding or investigation (whether the Pensions Ombudsman, the Pensions Regulator or |
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otherwise) concerning the Relevant Schemes by or against the trustees or administrator of the Relevant Schemes, the Sellers, the Company or another employer participating in the Relevant Schemes, and none is pending or threatened. |
16.16 | Material details of the Relevant Schemes have been Disclosed to the Buyer in the Data Room Documents including a copy of each agreement, deed and rules currently governing or relating to each Relevant Scheme together with a list of the members of each Relevant Scheme and all material details relevant to such membership as necessary to establish their entitlement to benefits. |
16.17 | The Company has duly complied with all applicable legal and administrative requirements relating to stakeholder pension schemes (as defined in section 1(1) of the Welfare Reform and Pensions Act 1999). |
16.18 | No plan, proposal or intention to amend, discontinue (in whole or in part) or exercise a discretion in relation to any Relevant Scheme has been communicated to a member of such Relevant Scheme or a Pensionable Employee who is a member of such Relevant Scheme. |
16.19 | The sum of €2,574,422 (less applicable employee’s tax and social security contributions thereon) is sufficient to satisfy in full the obligations of the Group to all participants (but, for the avoidance of doubt, excluding employer’s tax and social security contributions thereon) under the LTIP arrangement. |
17 | Grants |
No | Group Company is subject to any arrangement for the receipt or repayment of any grant, subsidy or financial assistance from any government department or agency of any local or other authority in excess of €100,000; and if it is so subject, the relevant Group Company has not done, or omitted to do, anything which could result in any such grant, subsidy or payment received or receivable by it becoming repayable or being withdrawn or withheld. |
18 | Insolvency |
18.1 | No order has been made and no resolution has been passed for the winding up of any Group Company and, so far as the Warrantors are aware, no petition has been presented for the purpose of winding up any Group Company and there are, as far as the Warrantors are aware, no circumstances which would justify or require the initiation of such proceedings. |
18.2 | No administration order has been made and no petition for such an order has been made or presented and no administrator has been appointed and no procedure has been commenced with a view to the appointment of an administrator in respect of any Group Company. |
18.3 | No receiver (which expression shall include an administrative receiver) has been appointed in respect of any Group Company or all or any of its assets. |
18.4 | No moratorium under any relevant insolvency legislation is in force and no Group Company has been granted a temporary or permanent moratorium or payments, nor has any step been taken or procedure commenced with a view to entering into such a moratorium in respect of any Group Company. |
18.5 | No Group Company is insolvent, or unable to pay its debts within the meaning of any relevant insolvency legislation or has stopped paying its debts as they fall due. |
18.6 | No Group Company has entered into or suffered nor has there occurred any analogous proceedings to those specified above. |
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SCHEDULE 3
Limitations on Liability
1 | Scope |
1.1 | The Buyer shall not be entitled to claim for any indirect or consequential loss or loss of profit over and above that which it could claim in accordance with normal contractual principles governing measure of damages. |
1.2 | The Warrantors shall only be liable in respect of a Claim if and to the extent that such Claim becomes a determined Claim which shall mean a Claim: |
(a) | which has been resolved by written agreement between the Warrantors and the Buyer; or |
(b) | which is the subject of an order as to both liability and quantum made by a court or tribunal of competent jurisdiction or arbitration where either no right of appeal lies or the parties are debarred (whether by the passage of time or otherwise) from exercising such a right. |
1.3 | Nothing in this Schedule shall have the effect of excluding, limiting or restricting any liability of a Warrantor in respect of a Claim arising as a result of fraud by that Warrantor. |
1.4 | Nothing in this Schedule shall have the effect of excluding, limiting or restricting any liability of a Warrantor in respect of a claim under clause 11 of the Tax Covenant and any reference to the Tax Covenant in this Schedule shall be read as excluding clause 11 of the Tax Covenant. |
2 | Cap on liability |
2.1 | The aggregate liability of the Warrantors in respect of all and any Claims and claims under the Tax Covenant shall not exceed €2,000,000. For the avoidance of doubt, in the event that an individual Warrantor does not satisfy a Claim or (as the case may be) a claim under the Tax Covenant made against him, the Buyer shall not be entitled to bring a Claim or (as the case may be) a claim under the Tax Covenant against any of the other Warrantors in respect of such non-satisfaction. For the purposes of this paragraph, the liability of the Warrantors shall be deemed to include the amount of all costs, expenses, fees and other liabilities (together with any irrecoverable VAT) payable by the Warrantors in connection with the satisfaction, settlement or determination of any such Claim or (as the case may be) a claim under the Tax Covenant. |
2.2 | The aggregate liability of each Warrantor in respect of any and all claims under the Warranties and the Tax Covenant shall not exceed 75% of the amount of the Consideration set opposite his name in Schedule 1 of the SPA. The individual liability of each Warrantor in connection with any single claim under the Warranties shall be limited to the proportion of the claim which is equal to his Relevant Proportion. |
3 | Time limits for making Claims |
No claim shall be brought against any Warrantor in respect of any of the Warranties or under the Tax Covenant unless the Buyer shall have given to the Warrantors’ Representatives written notice of such claim specifying (in reasonable detail) the matter which gives rise to the claim, the nature of the claim and, if practicable, the amount claimed in respect thereof in respect of a Claim or a claim under the Tax Covenant, within 18 months of the Completion date (the “Initial Warranty Period”),
PROVIDED THAT the liability of the Warrantors in respect of such claim shall absolutely determine (if such claim has not been previously satisfied, settled or withdrawn) if legal proceedings in
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respect of such claim shall not have been commenced within 9 months (the “Claim Period”) of the service of such notice and for this purpose proceedings shall not be deemed to have been commenced unless they shall have been properly issued and validly served upon the Warrantors’ Representatives.
4 | Right to remedy |
4.1 | Subject to paragraph 4.2 below, no Warrantor shall be liable for any Claim if and to the extent that the alleged breach which is the subject of the Claim is capable of remedy, and is remedied to the reasonable satisfaction of the Buyer by the Warrantors within 60 days of the date on which the notice in paragraph 3 above is received by the relevant Warrantor (and the Buyer agrees to use all reasonable endeavours to assist and to procure the assistance of the relevant Group Company in remedying such breach at the reasonable cost of the Warrantors). |
4.2 | Nothing in this paragraph 4 shall prevent the Buyer from making a claim in respect of any loss or damage incurred by the Buyer or any Group Company prior to the breach which is the subject of a Claim being remedied in accordance with paragraph 4.1 above. |
5 | Contingent liabilities |
5.1 | If any breach of the Warranties arises by reason of some liability of any Group Company or the Buyer which, at the time such breach or claim is notified to the Warrantors’ Representatives, is contingent only or otherwise not capable of being quantified, then the Warrantors shall not be under any obligation to make any payment in respect of such breach or claim unless and until such liability ceases to be contingent or becomes capable of being quantified. |
5.2 | If the Buyer has notified the Warrantors’ Representatives of a claim under the Warranties in accordance with paragraph 3 of this Schedule 3 within the Initial Warranty Period and such claim is based upon a liability which is contingent or otherwise not capable of being quantified, the Claim Period in paragraph 3 of this Schedule 3 shall be extended, in relation to any such claim, to the date falling 12 months after the end of the Initial Warranty Period. |
6 | Threshold and de minimis |
6.1 | The Warrantors shall not be liable in respect of any Claim or claim under the Tax Covenant unless the aggregate liability for all such Claims and claims under the Tax Covenant exceeds €1,500,000, in which case the relevant Warrantors shall be liable for the full amount of all such claims and not only the amount by which such sum is exceeded. |
6.2 | In calculating liability for Claims and claims under the Tax Covenant for the purposes of paragraph 6.1 above, any individual claim or series of related claims with respect to substantially the same facts or circumstances which is less than €75,000 (excluding interest, costs and expenses) shall be disregarded. |
7 | Changes in legislation |
The Warrantors shall not be liable in respect of a Claim (other than a claim under the Tax Warranties) if such Claim would not have arisen but for, or is increased as a result of:
(a) | the passing of, or a change in, a law, rule, regulation, interpretation of the law or administrative practice of a government, governmental department, agency or regulatory body in any case occurring on or after the date of this Agreement; or |
(b) | an increase in the Taxation rates or an imposition of Taxation in each case not actually or prospectively in force at the date of this Agreement; or |
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(c) | the change by statute or by any regulatory or other body of any accounting policy or a change in the application of any accounting policy or estimation technique in the preparation of financial statements by the Buyer or any member of the Buyer’s Group. |
8 | Acts of Buyer |
The Warrantors shall not be liable in respect of a Claim (other than a claim under the Tax Warranties) if such Claim is attributable to, or is increased as a result of:
(a) | any act, omission, transaction or arrangement carried out at the written request of or with the express approval of the Buyer before or at Completion; or |
(b) | any voluntary act, omission, transaction or arrangement by a member of the Buyer’s Group or its employees or agents after Completion (otherwise than: (a) as required by law, or (b) as required by a binding agreement entered into before Completion, or (c) where a member of the Buyer’s Group is acting in the usual and ordinary course of the Group’s business as carried on up to Completion); or |
(c) | any breach by the Buyer of any of its obligations under this Agreement or any of the documents referred to or incorporated in it or any obligations entered into pursuant thereto; or |
(d) | any reorganisation or change in ownership of any member of the Buyer’s Group on or after Completion. |
9 | Mitigation |
Nothing in this Schedule 3 restricts or limits the Buyer’s general obligation at law to mitigate any loss or damage which it may incur in consequence of a matter giving rise to a Claim.
10 | Recovery from another person |
10.1 | If the Buyer, or any member of the Buyer’s Group, recovers (whether by payment, discount, credit, relief or otherwise) from a third party an amount which is referable to a Claim, any actual recovery (less any reasonable costs incurred in obtaining such recovery and less any Taxation attributable to the recovery after taking account of any tax relief available in respect of any matter giving rise to the Claim) shall to that extent reduce or satisfy, as the case may be, such Claim. |
10.2 | If the Warrantors pay an amount in respect of a Claim and the Buyer, or any member of the Buyer’s Group, subsequently recovers (whether by payment, discount, credit, relief or otherwise) from a third party an amount which is referable to the Claim, the Buyer shall procure that the relevant member of the Buyer’s Group shall pay to the Warrantors an amount equal to the lesser of the amount recovered from the third party (less any reasonable costs and expenses incurred in obtaining such recovery and any Tax payable on the recovery) and the amount previously paid by the Warrantors to the Buyer. |
11 | Conduct of Claims |
11.1 | If a member of the Buyer’s Group becomes aware of any claim or any matter or circumstance which might give rise to a Claim (other than a claim under the Tax Warranties) or of a right of action against or an entitlement to recover (whether by payment, discount, credit, relief, contribution, indemnity or otherwise) from a third party an amount which relates to the subject matter of a Claim: |
(a) | the Buyer shall as soon as reasonably practicable give written notice to and consult with the Warrantors’ Representatives in respect of the claim, matter, circumstance or entitlement; |
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(b) | subject to the relevant Warrantor(s) indemnifying or securing the Buyer or the relevant member of the Buyer’s Group in a form reasonably satisfactory to the Buyer against any liability, cost, damage or expense which may be properly incurred thereby (but without thereby implying any admission of liability on the part of such Warrantor), the Buyer shall, and shall procure that each member of the Buyer’s Group shall, unless the Buyer in its reasonable opinion considers that the goodwill of any Group Company will be materially and adversely affected by such action in which case it may refuse to take any such action : |
(i) | at the written request and the cost of the Warrantors take such action or permit the Warrantors to take such action as the Warrantors consider appropriate to avoid, dispute, resist, appeal, defend, compromise or settle the Claim (including, without limitation, making any counterclaims or other claims against third parties) and any related adjudication or proceedings, and to conduct matters relating thereto including negotiations or appeals; |
(ii) | provide to the Warrantors and their advisers reasonable access to premises and personnel and to relevant assets, documents and records within each member of the Buyer’s Group’s power or control for the purposes of investigating the matter or entitlement which allegedly gives rise to the Claim; and |
(iii) | preserve all documents, records, correspondence, accounts, electronically stored data and other information whatsoever relevant to a matter which may give rise to a Claim. |
(c) | the Warrantors (at their cost) may examine and take copies of the documents or records, and photograph the premises or assets, referred to in paragraph 11.1(b)(ii) above. |
11.2 | If a Claim (other than a claim under the Tax Warranties) is as a result of, or in connection with, a claim (other than a claim under the Tax Warranties) by or a liability to a third party then, subject to the relevant Warrantor(s) indemnifying or securing the Buyer or the relevant member of the Buyer’s Group in a form reasonably satisfactory to the Buyer against any liability, cost, damage or expense which may be properly incurred thereby (but without thereby implying any admission of liability on the part of such Warrantor(s)), the Buyer shall and shall procure that each member of the Buyer’s Group shall, unless the Buyer in its reasonable opinion considers that the goodwill of any Group Company will be materially and adversely affected by such action in which case it may refuse to take any such action: |
(a) | take all reasonable steps to enforce any right of recovery; |
(b) | make no admission of liability in respect of, or compromise, dispose of or settle, any claim without the written consent of the Warrantors; and |
(c) | allow the Warrantors at their own expense and in their absolute discretion to take such action, as described in paragraph 11.1(b) above, as the Warrantors deem necessary. |
12 | Insurance policies |
In respect of any matter which would give rise to a Claim, if the Company and/or its Subsidiaries is entitled to claim under any policy of insurance then no such matter shall be the subject of a Claim unless and until the Buyer or, as the case may be, the relevant member of the Buyer’s Group shall have made a claim against its insurers and used all reasonable endeavours to pursue such claim and such claim has been settled or rejected by such insurer (unless the effect of this paragraph 12 would result in the Buyer losing its right to bring a Claim under the time period in paragraph 3 and the Warrantors do not agree to extend such time period).
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13 | Buyer’s knowledge |
The Warrantors shall not be liable for any Claim under this Agreement or a claim under the Tax Covenant if and to the extent that the Buyer deal team (being Xxxx Xxxxxx, Xxxxx Xxxx, Xxxxxxx Xxxxxxx, Xxxxxxx Xxxxxx, Xxx Xxxxx, Xxxxx Xxxxxxxx, Xxxx Xxxxx, Xxxxx Xxxxx, Kemal Yegeonoglu, Xxxxxxx Xxxxxxx, Xxxxxx Xxxxxxxx, Xxxxxx Xxxxxxx, Xxxxx Xxxxxx and Xxxx Xxxxx) is:
(a) | in respect of the Warranties (other than the Repeated Warranties), actually aware at the date of this Agreement of matters which do or would give rise to or would be reasonably likely to give rise to a Claim; |
(b) | in respect of the Repeated Warranties only, actually aware as at the Repeated Warranty Date of matters which do or would give rise to or would be reasonably likely to give rise to a Claim under the Repeated Warranties; or |
(c) | in respect of the Tax Covenant, actually aware as at the date of Completion of matters which do or would give rise to or would be reasonably likely to give rise to a claim under the Tax Covenant PROVIDED THAT no matter of which the Buyer deal team (as set out above) is actually aware at Completion which (i) the Warrantors were actually aware at the date of this Agreement; and (ii) the Buyer deal team (as set out above) was not actually aware at the date of this Agreement, shall so operate as to restrict the Buyer’s entitlement to recover under the Tax Covenant. |
14 | Allowance, provision or reserve in the Accounts |
No matter shall be subject to a Claim or a claim under the Tax Covenant to the extent that specific allowance, specific provision or specific reserve in respect of such matter shall have been made in the Accounts or Management Accounts or such matter was referred to specifically in the notes thereto.
15 | Taxation |
The Warrantors shall not be liable in respect of any breach of the Tax Warranties to the extent that such liability is excluded by virtue of the provisions contained in clause 3 of the Tax Covenant.
16 | No double recovery |
The Buyer shall not be entitled to recover from the Warrantors more than once for the same damage or loss suffered.
17 | Net benefit |
17.1 | The Warrantors shall not be liable for any Claim to the extent that the subject of the Claim or a claim under the Tax Covenant has been or is made good or is otherwise compensated for without cost or loss to the Buyer’s Group or to the Company or any Subsidiaries. |
17.2 | The Warrantors shall not be liable in respect of any Claim (other than a claim under the Tax Warranties) for any losses suffered by the Buyer, or any member of the Buyer’s Group, to the extent that there are any corresponding savings by or net benefit to the Buyer or any member of the Buyer’s Group related to the Claim. |
18 | Transferability of rights |
This Agreement shall be actionable only by the Buyer or any member of the Buyer’s Group to whom rights are assigned under this Agreement and no other party shall be entitled to make any Claim or take any action whatsoever against the Warrantors under or arising out of or in connection with this Agreement.
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19 | Taxation, Pensions, Property, Environment and Intellectual Property |
Without prejudice to the generality of the Warranties in paragraphs 3 (The Accounts ), 4 (Management Accounts and Locked Box Accounts), 5 (Accounting Records), 6 (Events since the Accounts Date), 9 (Tax), 11 (Compliance and Litigation) and 12 (Licences), no claim may be made against the Warrantors under the Warranties:
(a) | save pursuant to the Warranties contained in paragraph 16 of Schedule 2 of this Agreement, to the extent that the Claim relates to Employees; or |
(b) | save pursuant to the Warranties contained in paragraph 16 of Schedule 2 of this Agreement, to the extent that the Claim relates to the Relevant Schemes; |
(c) | save pursuant to the Warranties contained in paragraph 13 of Schedule 2 of this Agreement, to the extent that the Claim relates to Intellectual Property; or |
(d) | save pursuant to the Warranties contained in paragraph 13 of Schedule 2 of this Agreement, to the extent that the Claim relates to Information Technology; or |
(e) | save pursuant to the Warranties contained in paragraph 8 and/or 10 of Schedule 2 of this Agreement, to the extent that the Claim relates to the Environmental and/or the Properties; or |
(f) | save pursuant to the Warranties contained in paragraph 9 of Schedule 2 of this Agreement, to the extent that the Claim relates to Taxation (irrespective of whether the Taxation relates to any of the above). |
20 | Disclosure |
The Buyer shall not be entitled to claim that any matter causes the Warranties to be breached to the extent that any matter is Disclosed in the First Disclosure Letter or, in the case of the Repeated Warranties, is Disclosed in the Second Disclosure Letter.
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SCHEDULE 4
Group Companies
Part 1: Particulars of the Company
Name: |
Xxxxxx Xxxxxxxx Holdings 1 Limited | |||
Number: |
05643255 | |||
Date of registration: |
2 December 2005 under the Companies Xxx 0000 | |||
Status: |
private company | |||
Place of registration: |
England | |||
Registered Office: |
Xxxxx 0 & 0 Xxxxxxxx Xxxxxxxx Xxxx Xxxxxxx Xxxx Xxxxxxxx Xxxxxxxxxxx XX00 0XX | |||
Authorised share capital: |
€623,668.83 divided into 1,045,588 A Ordinary Shares of €0.01 each, 3,136,764 B Ordinary Shares of €0.01 each, 11,090 C Ordinary Shares of €0.01 each, 104,834 D Ordinary Shares of €0.01 each, 46,979,936 Preference Shares of €0.01 each, 10,000 B Preference Shares of €0.01 each and £100 divided into 100 Deferred Shares of £1.00 each | |||
Issued share capital: |
1,045,588 A Ordinary Shares
3,136,764 B Ordinary Shares
11,090 C Ordinary Shares
104,834 D Ordinary Shares
46,979,937 Preference Shares
10,000 B Preference Shares | |||
Shareholder and shareholding: |
Name |
Shares Held | ||
Duke Street V Limited | 94,991 A Ordinary Shares
2,909,933 B Ordinary Shares
100,000 D Ordinary Shares
43,090,498 Preference Shares
7,335 B Preference Shares | |||
DSC V Beteiligungs GmbH | 49,695 B Ordinary Shares
1,667 D Ordinary Shares
727,232 Preference Shares
124 B Preference Shares |
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Shareholder and shareholding: |
Name |
Shares Held | ||
Duke Street Capital V GmbH & Co KG |
4,686 A Ordinary Shares
93,875 B Ordinary Shares
3,167 D Ordinary Shares
1,398,751 Preference Shares
238 B Preference Shares | |||
Xxxx Xxxxxxxx |
27,882 A Ordinary Shares | |||
Xxx Xxxxx |
52,279 A Ordinary Shares
275 B Preference Shares
3,100 C Ordinary Shares | |||
Xxxxxx Xxxxxx |
230,030 A Ordinary Shares
600 B Preference Shares
2,440 C Ordinary Shares
456,732 Preference Shares | |||
Xxxxxxxx Xxxx |
83,647 A Ordinary Shares
20,038 B Ordinary Shares
314,483 Preference Shares
67 B Preference Shares | |||
Xxxx Xxxx Xxxxxxx |
125,471 A Ordinary Shares
32,562 B Ordinary Shares
2,500 C Ordinary Shares
511,035 Preference Shares
400 B Preference Shares | |||
Xxxx Xxxxxxx |
41,824 A Ordinary Shares
6,513 B Ordinary Shares
102,215 Preference Shares
22 B Preference Shares | |||
Xxxxxx Xxxxxxx |
62,735 A Ordinary Shares
220 B Preference Shares | |||
Xxxx Xxxxxxxxxxx |
83,647 A Ordinary Shares
20,038 B Ordinary Shares
314,483 Preference Shares
67 B Preference Shares | |||
Xxxxxxx Xxxxx |
73,191 A Ordinary Shares
240 B Preference Shares |
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Shareholder and shareholding: |
Name |
Shares Held | ||||
Xxx Xxxxxxx | 41,824 A Ordinary Shares | |||||
Xxxx Xxxx | 41,824 A Ordinary Shares
125 B Preference Shares | |||||
Xxxx Xxxxxxx Xxxxxxxxxx | 41,824 A Ordinary Shares
4,110 B Ordinary Shares
3,050 C Ordinary Shares
64,508 Preference Shares
75 B Preference Shares | |||||
Xxxx Xxxxxxxxx | 20,912 A Ordinary Shares
100 B Preference Shares | |||||
Xxx Xx | 10,456 A Ordinary Shares | |||||
Xxxxxx De Wet | 70 B Preference Shares | |||||
Xxxxxxx Xxxxxxx | 8,365 A Ordinary Shares | |||||
Xxxx Xxxxx | 42 B Preference Shares | |||||
Charges: |
Refer to Schedule 9 | |||||
Name |
To remain in place following Completion? | |||||
Directors: |
Xxxxxx Xxxxx Xxxxxx | Yes | ||||
Xxxx Xxxx Xxxxxxx | Yes | |||||
Xxxxx Xxxxxxx | No | |||||
Xxxx Xxxxxxxxx | No | |||||
Xxxx Xxxxxxx Xxxxxxxxxx | No | |||||
Alistair Xxxxxxx Xxxxxxx Xxxxx | No | |||||
Secretary: |
Xxxx Xxxx Xxxxxxx | Yes | ||||
Auditors: |
PricewaterhouseCoopers LLP |
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Part 2 : Particulars of the Subsidiaries
Name: |
Xxxxxx Xxxxxxxx Holdings 2 Limited | |||
Number: |
05643266 | |||
Date of registration: |
2 December 2005 under the Companies Xxx 0000 | |||
Status: |
private company | |||
Place of registration: |
England | |||
Registered Office: |
Xxxxx 0 & 0 Xxxxxxxx Xxxxxxxx Xxxx Xxxxxxx Xxxx Xxxxxxxx Xxxxxxxxxxx XX00 0XX | |||
Authorised share capital: |
€535,433.61 divided into 1,045,588 A Ordinary Shares of €0.01 each, 3,136,764 B Ordinary Shares of €0.01 each and 49,361,009 Preference Shares of €0.01 each and £100 Deferred Shares of £1.00 each | |||
Issued share capital: |
1,045,588 A Ordinary Shares
3,136,764 B Ordinary Shares
46,725,785 Preference Shares | |||
Shareholder and shareholding: |
Name |
Shares Held | ||
Xxxxxx Xxxxxxxx Holdings 1 Limited | 1,045,588 A Ordinary Shares
3,136,764 B Ordinary Shares
46,725,785 Preference Shares | |||
Charges: |
Refer to Schedule 9 | |||
Name |
To remain in place following Completion? | |||
Directors: |
Xxxx Xxxx Xxxxxxx | Yes | ||
Secretary: |
Xxxx Xxxx Xxxxxxx | Yes | ||
Auditors: |
PricewaterhouseCoopers LLP |
-36-
Name: |
Xxxxxx Xxxxxxxx Holdings 3 Limited | |||
Number: |
05643308 | |||
Date of registration: |
2 December 2005 under the Companies Xxx 0000 | |||
Status: |
private company | |||
Place of registration: |
England | |||
Registered Office: |
Xxxxx 0 & 0 Xxxxxxxx Xxxxxxxx Xxxx Xxxxxxx Xxxx Xxxxxxxx Xxxxxxxxxxx XX00 0XX | |||
Authorised share capital: |
€535,433.61 divided into 1,045,588 A Ordinary Shares of €0.01 each, 3,136,764 B Ordinary Shares of €0.01 each and 49,361,009 Preference Shares of €0.01 each and £100 divided into Deferred Shares of £1.00 each | |||
Issued share capital: |
1,045,588 A Ordinary Shares
3,136,764 B Ordinary Shares
46,725,785 Preference Shares | |||
Shareholder and shareholding: |
Name |
Shares Held | ||
Xxxxxx Xxxxxxxx Holdings 2 Limited | 1,045,588 A Ordinary Shares
3,136,764 B Ordinary Shares
46,725,785 Preference Shares | |||
Charges: |
Refer to Schedule 9 | |||
Name |
To remain in place following Completion? | |||
Directors: |
Xxxx Xxxx Xxxxxxx | Yes | ||
Secretary: |
Xxxx Xxxx Xxxxxxx | Yes | ||
Auditors: |
PricewaterhouseCoopers LLP |
-37-
Name: |
Deloro Holdings Inc | |||
Number: |
N/A | |||
Date of registration: |
27 January 2003 | |||
Status: |
private company | |||
Place of registration: |
Delaware, United States of America | |||
Registered Office: |
0000, Xxxxxxxxxx Xxxxx Xxxxx, Xxxxxx, XX, XXX | |||
Authorised share capital: |
95,000 common stock of $0.01 each
5,000 D shares of preference stock of $0./01 each
100 F shares of preference shares of $0.01 each | |||
Issued share capital: |
15,500 common stock of $0.01 each | |||
Shareholder and shareholding: |
Name |
Shares Held | ||
Xxxxxx Xxxxxxxx Holdings 3 Limited | 9500 common stock | |||
Xxxxxx Xxxxxxxx Holdings 3 Limited | 6000 preference stock | |||
Charges: |
Refer to Schedule 9 | |||
Name |
To remain in place following Completion? | |||
Directors: |
Xxxx Xxxx Xxxxxxx | Yes | ||
Xxxxxx de Wet | Yes | |||
Secretary: |
None | N/A | ||
Auditors: |
None |
-38-
Name: |
Xxxxxx Xxxxxxxx Group Limited | |||
Number: |
03290596 | |||
Date of registration: |
11 December 1996 under the Companies Xxx 0000 | |||
Status: |
private company | |||
Place of registration: |
England | |||
Registered Office: |
Xxxxx 0 & 0 Xxxxxxxx Xxxxxxxx Xxxx Xxxxxxx Xxxx Xxxxxxxx Xxxxxxxxxxx XX00 0XX | |||
Authorised share capital: |
£6,129,553.67 divided into 1,062,500 A Ordinary Shares of £0.10 each, 455,357 C Ordinary Shares of £0.01 each, 10,166,231 A Preference Shares of £1.00 each and 187,500 B Preference Shares of £0.10 each | |||
Issued share capital: |
1,062,500 A Ordinary Shares of £0.01 each
10,166,231 A Preference Shares of £1.00 each
186,900 B Preference Shares of £0.10 each
390,958 C Ordinary Shares of £0.01 each
9,562,500 New A1% Preference Shares of £0.01 each | |||
Shareholder and shareholding: |
Name |
Shares Held | ||
Deloro Holdings Inc | 9,562,500 New A1% Preference Shares
1,062,500 A Ordinary Shares
10,166,231 A Preference
167,429 B Preference | |||
Xxxxxx Xxxxxxxx Holdings 3 Limited | 19,471 B Preference Shares
390,958 C Ordinary Shares | |||
Charges: |
Refer to Schedule 9 |
-39-
Name |
To remain in place following Completion? | |||
Directors: |
Xxxx Xxxx Xxxxxxx | Yes | ||
Secretary: |
Xxxx Xxxx Xxxxxxx | Yes | ||
Auditors: |
PricewaterhouseCoopers LLP |
-40-
Name: |
Xxxxxx Xxxxxxxx UK (Secretary) Ltd | |||||
Number: |
05289110 | |||||
Date of registration: |
17 November 2004 under the Companies Xxx 0000 | |||||
Status: |
private company | |||||
Place of registration: |
England | |||||
Registered Office: |
Xxxxx 0 & 0 Xxxxxxxx Xxxxxxxx Xxxx Xxxxxxx Xxxx Xxxxxxxx Xxxxxxxxxxx XX00 0XX | |||||
Authorised share capital: |
£100 divided into 100 ordinary shares of £1.00 each | |||||
Issued share capital: |
1 ordinary shares
| |||||
Shareholder and shareholding: | Name |
Shares Held | ||||
Xxxxxx Xxxxxxxx Group Limited | 1 Ordinary Share | |||||
Charges: |
None
| |||||
Name |
To remain in place following Completion? | |||||
Directors: |
Xxxx Xxxx Xxxxxxx | Yes | ||||
Secretary: |
Xxxx Xxxx Xxxxxxx | Yes | ||||
Auditors: |
PricewaterhouseCoopers LLP |
-41-
Name: |
DS Holdings (USA) Inc | |||||
Number: |
N/A | |||||
Date of registration: |
4 August 1997 | |||||
Status: |
private company | |||||
Place of registration: |
Delaware, United States of America | |||||
Registered Office: |
0000, Xxxxxxxxxx Xxxxx Xxxxx, Xxxxxx, XX, XXX | |||||
Authorised share capital: |
1,000 shares of Common Stock of $0.01 each | |||||
Issued share capital: |
1,000 shares of Common Stock of $0.01 each
| |||||
Shareholder and shareholding: |
Name |
Shares Held | ||||
Xxxxxx Xxxxxxxx Group Limited | 1,000 common stock of $0.01 each | |||||
Charges: |
Refer to Schedule 9
|
|||||
Name |
To remain in place following Completion? | |||||
Directors: |
Xxxx Xxxx Xxxxxxx | Yes | ||||
Officers: |
Xxxxxx de Wet (Vice President) | Yes | ||||
Secretary: |
None | N/A | ||||
Auditors: |
N/A |
-42-
Name: | Xxxxxx Xxxxxxxx UK (Director) Limited | |||
Number: | 05289105 | |||
Date of registration: | 17 November 2004 under the Companies Xxx 0000 | |||
Status: | private company | |||
Place of registration: | England | |||
Registered Office: | Xxxxx 0 & 0 Xxxxxxxx Xxxxxxxx Xxxx Xxxxxxx Xxxx Xxxxxxxx Xxxxxxxxxxx XX00 0XX | |||
Authorised share capital: | £100 divided into 100 ordinary shares of £1.00 each | |||
Issued share capital: | 1 ordinary share | |||
Shareholder and shareholding: | Name |
Shares Held | ||
Xxxxxx Xxxxxxxx Group Limited | 1 Ordinary Share | |||
Charges: | None | |||
Name |
To remain in place following Completion? | |||
Directors: | Xxxx Xxxx Xxxxxxx | Yes | ||
Secretary: | Xxxx Xxxx Xxxxxxx | Yes | ||
Auditors: | PricewaterhouseCoopers LLP |
-43-
Name: | Xxxxxx Xxxxxxxx Holdings Corporation | |||
Number: | N/A | |||
Date of registration: | 10 November 1988 | |||
Status: | private company | |||
Place of registration: | Delaware, United States of America | |||
Registered Office: | 0000, Xxxxxxxxxx Xxxxx Xxxxx, Xxxxxx, XX, XXX | |||
Authorised share capital: | 1,000 shares of Common Stock of $0.01 per share | |||
Issued share capital: | 1,000 shares of Common Stock of $0.01 per share | |||
Shareholder and shareholding: | Name |
Shares Held | ||
DS Holdings (USA) Inc | 1,000 common stock of $0.01 per share | |||
Charges: | Refer to Schedule 9 | |||
Name |
To remain in place following Completion? | |||
Directors: | Xxxx Xxxx Xxxxxxx | Yes | ||
Officers: | Xxxxxx de Wet (Vice President) | Yes | ||
Secretary: | None | N/A | ||
Auditors: | None |
-44-
Name: | Shanghai Stellite Co. Limited | |||
Number: | 310000400000863 | |||
Date of registration: | 22 May 1985 | |||
Status: | Sino-foreign equity joint venture | |||
Place of registration: | Shanghai, China | |||
Registered Office: | Shanghai Administration for Industry and Commerce | |||
Authorised share capital: | Not applicable | |||
Issued share capital: | $5,450,000 | |||
Shareholder and shareholding: | Name |
Shares Held | ||
Shanghai No. 8 Institute of Nuclear Industry | $1,125,000 | |||
Shanghai Shenxin Economic Development Corporation | $1,125,000 | |||
Xxxxxx Xxxxxxxx Holding Corporation | $3,200,000 | |||
Charges: | Refer to Schedule 9 | |||
Name |
To remain in place following Completion? | |||
Directors: | Xxxxxx Xxxxxx | Yes | ||
Xxxx Xxxx Xxxxxxx | Yes | |||
Xxxxx Xx Di | Yes | |||
Tan Song Pei | Yes | |||
General manager: | Xxxx Xxxx | Yes | ||
Supervisor: | Xxxx Xxxxxx | |||
Secretary: | Chen Gang | Yes | ||
Auditors: | Shanghai Yishi United Certified Public Accountants and PricewaterhouseCoopers LLP |
-45-
Name: | Deloro Holdings (Lux) S.à.x.x | |||
Number: | 2003 2419233 | |||
Date of registration: | 28 October 2003 | |||
Status: | private company | |||
Place of registration: | Luxembourg | |||
Registered Office: | 00 xxx Xxxxxx Xxxxxxxx, X-0000, Xxxxxxxxxx | |||
Authorised share capital: | ||||
Issued share capital: | €12,500 of issued share capital | |||
Shareholder and shareholding: | Name |
Shares Held | ||
Xxxxxx Xxxxxxxx Holding Corporation | 100% | |||
Charges: | Refer to Schedule 9 | |||
Name |
To remain in place following Completion? | |||
Manager | Vistra Luxembourg S.à.x.x | Yes | ||
Secretary: | None | N/A | ||
Auditors: | None |
-46-
Name: | Xxxxxx Xxxxxxxx Inc | |||
Ontario Number: | 000654817 | |||
Quebec Extra-provincial Registration Number: | 1163938344 | |||
Date of registration: | 14 February 1986 | |||
Date of Quebec Extra-provincial Registration: | 6 September 2006 | |||
Status: | private company | |||
Place of registration: | Ontario, Canada | |||
Registered Office: | 000 Xxxxxx Xxxxxx Xxxx Xxxxxxxxxx Xxxxxxx Xxxxxx X0X 0X0 | |||
Authorised share capital: | $401 divided into 401 Common Stock of $1 each pledged on 16 December 2003 | |||
Issued share capital: | 401 Common Stock | |||
Shareholder and shareholding: | Name |
Shares Held | ||
Xxxxxx Xxxxxxxx Holdings Corporation | 401 Common Stock | |||
Charges: | Refer to Schedule 9 | |||
Name |
To remain in place following Completion? | |||
Directors: | Xxxxxx X Xxxxxxx | Yes | ||
Xxxxxx X Xxxxxxxx | Yes | |||
Xxxxx Xxxxxx | Yes | |||
Xxxx Xxxx Xxxxxxx | Yes | |||
Xxxxx Xxxxx | Yes | |||
Secretary: | Xxxxxx X XxXxx | Yes | ||
Auditors: | N/A |
-47-
Name: | Microfusione Stellite S.p.A | |||
Number: | 01486740168 (registration number in the Companies’ Registry of Milan) | |||
Date of registration: | 4 February 2000 | |||
Status: | private stock company limited by shares (società per azioni) | |||
Place of registration: | Companies’ Registry of Milan, Italy | |||
Registered Office: | Xxx X.xx Xxxxxxxx X. 00
00000 Pieve Emanuele (frazione Fizzonasco) Milan Italy | |||
Authorised share capital: | €11,292,000.00 divided into 11,292,000 ordinary shares of €1.00 each | |||
Issued share capital: | €11,292,000.00 divided into 11,292,000 ordinary shares of €1.00 each | |||
Shareholder and shareholding: | Name |
Shares Held | ||
Xxxxxx Xxxxxxxx Inc | 11,292,000 ordinary shares (representing 100% of the share capital of Microfusione Stellite S.p.A.) | |||
Charges: | Refer to Schedule 9 | |||
Name |
To remain in place following Completion? | |||
Directors: | Xxxx Xxxx Xxxxxxx (Chairman of the Board of Directors) | Yes | ||
Xxxxxxx Xxxxxx Xxxxx | Yes | |||
Special Attorneys: | Xxxxx Xxxxxx | Yes | ||
Xxxxx Xxxxxxx | Yes | |||
Cristiano Bernini | Yes | |||
Secretary: | None | N/A | ||
Auditors: | Xxxx Xxxxxxxxxxx, statutory member and Chairman of the Board of Statutory
Xxxxxxxx Xxxxxxxx, statutory member; |
-48-
Name |
To remain in place following Completion? | |||
Xxxxxxxx Xxxxxx, statutory member;
Xxxxxx Xxxxxxx, substitute member;
Maurizio Xxxxxxx Xxxxxxxxx, substitute | ||||
Auditors: |
PricewaterhouseCoopers LLP |
-49-
Name: | Xxxxxx Xxxxxxxx LP | |||
Number: | N/A | |||
Date of registration: | 28 June 1979 | |||
Status: | Limited Partnership | |||
Place of registration: | Delaware, United States of America | |||
Registered Office: | 0000 Xxxxxxxxxx Xxxxx Xxxxxx XX 00000 | |||
Authorised share capital: | Not applicable as a limited partnership | |||
Issued share capital: | Not applicable as a limited partnership | |||
Shareholder and shareholding: | Name |
Shares Held | ||
Xxxxxx Xxxxxxxx Holding Corporation | N/A | |||
Charges: | Refer to Schedule 9 | |||
Name |
To remain in place following Completion? | |||
Directors: | Xxxx Xxxx Xxxxxxx (President) | Yes | ||
Xxxx Xxxxxxx (Treasurer) | Yes | |||
Secretary: | Xxxxxxx X. Xxxxxxx | Yes | ||
Auditors: | None |
-50-
Name: | DS UK Limited | |||
Number: | 03443447 | |||
Date of registration: | 26 September 1997 under the Companies Xxx 0000 | |||
Status: | private company | |||
Place of registration: | England | |||
Registered Office: | Xxxxx 0 & 0 Xxxxxxxx Xxxxxxxx Xxxx Xxxxxxx Xxxx Xxxxxxxx Xxxxxxxxxxx XX00 0XX | |||
Authorised share capital: | £50,000 divided into 40,000 Preference Shares of £1.00 each and 10,000 Ordinary Shares of £1.00 each | |||
Issued share capital: | 10,000 ordinary shares and 40,000 Preference Shares | |||
Shareholder and shareholding: | Name |
Shares Held | ||
Deloro Holdings Inc | 10,000 ordinary shares 40,000 Preference Shares | |||
Charges: | Refer to Schedule 9 | |||
Name | To remain in place following Completion? | |||
|
| |||
Directors: | Xxxx Xxxx Xxxxxxx | Yes | ||
Secretary: | Xxxx Xxxx Xxxxxxx | Yes | ||
Auditors: | PricewaterhouseCoopers LLP |
-51-
Name: | Xxxxxx Xxxxxxxx | |||
Number: | 01445209 | |||
Date of registration: | 22 August 1979 under the Companies Xxx 0000 | |||
Status: | private company | |||
Place of registration: | England | |||
Registered Office: | Xxxxx 0 & 0 Xxxxxxxx Xxxxxxxx Xxxx Xxxxxxx Xxxx Xxxxxxxx Xxxxxxxxxxx XX00 0XX | |||
Authorised share capital: | £7,000,000 divided into 7,000,000 ordinary shares of £1.00 each | |||
Issued share capital: | 1,811,151 ordinary shares | |||
Shareholder and shareholding: | Name |
Shares Held | ||
DS UK Limited | 1,811,151 Ordinary Shares | |||
Charges: | Refer to Schedule 9 | |||
Name |
To remain in place following Completion? | |||
Directors: | Xxxx Xxxx Xxxxxxx | Yes | ||
Secretary: | Xxxx Xxxx Xxxxxxx | Yes | ||
Auditors: | PricewaterhouseCoopers LLP |
-52-
Name: | DS Verwaltungsgesellschaft mbH | |||
Number: | HRB 6913 (Koblenz) | |||
Date of registration: | 4 March 2004 (foundation deed dated 6 August 2003) | |||
Status: | private company | |||
Place of registration: | Germany | |||
Registered Office: | Zur Bergpflege 51-53, 56070 Koblenz | |||
Authorised share capital: | €25,000 divided into 1 ordinary share of €24,000 and 1 ordinary share of €1,000 | |||
Issued share capital: | 1 ordinary share of €24,000 1 ordinary share of €1,000 | |||
Shareholder and shareholding: | Name |
Shares Held | ||
Xxxxxx Xxxxxxxx Holding Corporation | 2 | |||
Charges: | Refer to Schedule 9 | |||
Name |
To remain in place following Completion? | |||
Directors: | Xxxxxxx Xxxxx | Yes | ||
Secretary: | None | N/A | ||
Auditors: | None |
-53-
Name: | Xxxxxx Xxxxxxxx Holding GmbH & Co. KG | |||
Number: | HRA 5352 (Koblenz) | |||
Date of registration: | 19 March 2004 | |||
Status: | private limited partnership | |||
Place of registration: | Germany | |||
Registered Office: | Zur Bergpflege 51-53, 56070 Koblenz | |||
Limited partnership interest: | €100,000 | |||
Issued share capital: | N/A | |||
Members: | Name |
Status | ||
Limited Partner – Xxxxxx Xxxxxxxx Holding Corporations holding a limited partnership interest in the amount of €100,000 | Limited liability | |||
General Partner – DS Verwaltungsgesellschaft mbH | Unlimited liability | |||
Charges: | Refer to Schedule 9 | |||
Name |
To remain in place following Completion? | |||
Directors: | DS Verwaltungsgesellschaft mbH, represented by its managing director(s) | Yes | ||
Secretary: | None | N/A | ||
Auditors: | PricewaterhouseCoopers AG Wirtschaftsprüfungsgesellschaft |
-54-
Name: | Xxxxxxxx Stellite GmbH | |||
Number: | HRB 6109 (Koblenz) | |||
Date of registration: | 26 January 1999 (foundation deed dated 17 November 1998) | |||
Status: | private company | |||
Place of registration: | Germany | |||
Registered Office: | Xxx Xxxxxxxxxx 00, 00000 Xxxxxxx | |||
Authorised share capital: | DM50,000 divided into 1 ordinary share of DM50,000 | |||
Issued share capital: | 1 ordinary share of DM50,000 | |||
Shareholder and shareholding: | Name |
Shares held | ||
Xxxxxx Xxxxxxxx Holding GmbH & Co. KG | 1 | |||
Charges: | Refer to Schedule 9 | |||
Name |
To remain in place following Completion? | |||
Directors: | Xxxxxxx Xxxxx | Yes | ||
Secretary: | None | N/A | ||
Auditors: | None |
-55-
Name: | Xxxxxx Xxxxxxxx GmbH | |||
Number: | HRB 1922 (Koblenz) | |||
Date of registration: | 8 July 1980 (foundation deed dated 22 November 1979) | |||
Status: | private limited company | |||
Place of registration: | Germany | |||
Registered Office: | Xxx Xxxxxxxxxx 00, 00000 Xxxxxxx | |||
Authorised share capital: | €1,000,000 divided into 1 ordinary share of €1,000,000 | |||
Issued share capital: | 1 ordinary share of €1,000,000 | |||
Shareholder and shareholding: | Name |
Shares held | ||
Xxxxxx Xxxxxxxx Holding GmbH Co KG | 1 | |||
Charges: | Refer to Schedule 9 | |||
Name |
To remain in place following Completion? | |||
Directors: | Xxxxxxx Xxxxx | Yes | ||
Secretary: | None | N/A | ||
Auditors: | PricewaterhouseCoopers AG
Wirtschaftsprüfungsgesellschaft |
-56-
Name: | Xxxxxx Xxxxxxxx S.r.l. | |||
Number: | 06135890967 (registration number in the Companies’ Registry of Milan) | |||
Date of registration: | 10 April 2008 | |||
Status: | Private limited liability company by quotas (società a responsabilità limitata) | |||
Place of registration: | Companies’ Registry of Milan, Italy | |||
Registered Office: | Xxx X. Xx Xxxxxxxx, x. 00 00000 Xxxxx Xxxxxxxx Xxxxx Xxxxx | |||
Authorised capital: | €10,000.00 divided into 1 quota of €10,000 | |||
Issued capital: | €10,000.00 | |||
Shareholder and shareholding: | Name |
Quotas held | ||
Xxxxxx Xxxxxxxx Holding GmbH & Co. KG | 1 quota (having a nominal value equal to EUR 10,000.00, representing 100% of the capital of Xxxxxx Xxxxxxxx S.r.l.) | |||
Charges: | Refer to Schedule 9 | |||
Name |
To remain in place following Completion? | |||
Directors: | Xxxxxxx Xxxxx (Sole Director) | Yes | ||
Special Attorneys: | Xxxxx Xxxxxx Xxxxxxx | Yes | ||
Gianluca Tiranti | Yes | |||
Secretary: | None | N/A | ||
Auditors: | None |
-57-
Name: | Xxxxxx Xxxxxxxx India Private Ltd (India) | |||
Number: | U31908DL2007PTC169789 | |||
Date of registration: | 4 October 2007 under the Companies Act, 1956 (No. 1 of 1956) | |||
Status: | private company | |||
Place of registration: | India | |||
Registered Office: | X-0, Xxxxxxxx Xxxx Xxx Xxxxx 000000 Xxxxx | |||
Authorised share capital: | Rs. 120,000,000 divided into 12,000,000 shares of Rs. 10 each | |||
Issued share capital: | 577,314 Shares | |||
Shareholder and shareholding: | Name |
Shares Held | ||
Xxxxxx Xxxxxxxx Holding GmbH & Co, KG | 437,714 | |||
Xxxxx Holding Private Limited | 90,000 | |||
Xxxxxx Xxxxx | 5,000 | |||
Xxxxx Xxxxx | 5,000 | |||
Charges: | Nil | |||
Name |
To remain in place following Completion? | |||
Directors: | Xx Xxxxxxx Xxxxx | Yes | ||
Xx Xxxxxxx Xxxxxxx | Yes | |||
Xx Xxxxxx Xxxxx | Yes | |||
Xx Xxxxxxxxxxxxx Xxxxxxxxx | Yes | |||
Secretary: | None | N/A | ||
Auditors: | X.X. Xxxxxxx & Co. |
-58-
Name: | DSGP, LLC | |||
Number: | 3739108 | |||
Date of registration: | 12 December 2003 | |||
Status: | Active | |||
Place of registration: | Delaware | |||
Registered Office: | 0000 Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx, 00000 | |||
Authorised share capital: | N/A | |||
Issued share capital: | N/A | |||
Sole member: | Name |
|||
Xxxxxx Xxxxxxxx Holdings Corporation | ||||
Charges: | Refer to Schedule 9 | |||
Name |
To remain in place following Completion? | |||
Directors: | Xxxx Xxxxxxx | Yes | ||
Xxxx Xxxxxxx | Yes | |||
Xxxxxx Xxxxx | Yes | |||
Secretary: | Xxxxxx Xxxxx | Yes | ||
Auditors: | N/A |
-59-
SCHEDULE 5
The Properties
Part 1
The Freehold Properties
Company |
Property |
Freehold | ||
Shanghai Stellite Co. Limited | 1799 Xxx Xxx Road, Jia-Ding District, 201800, Shanghai, People’ Republic of China | Freehold but subject to Chinese law on owning land | ||
Microfusione Stellite S.p.a. | Xxx X. Xx Xxxxxxxx, 00 00000 Xxxxx Xxxxxxxx, Xxxxx, Xxxxx | Freehold | ||
Xxxxxx Xxxxxxxx GmbH, | Xxxxxx Xxxxxxxx Holding Gmbh & Co KG, Xxxxxxxx Stellite GmbH, Zur Bergpflege 51-53, 00000 Xxxxxxx, Xxxxxxx | Freehold | ||
Xxxxxx Xxxxxxxx Inc | XX Xxx 0000, 000 Xxxxxx Xxxxxx X Xxxxxxxxxx, Xxxxxxx X0X 0X0 Xxxxxx | Freehold |
-60-
Part 2
The Leasehold Properties
Company |
Property |
Leasehold/Freehold | ||
Xxxxxx Xxxxxxxx Inc | Xxxxxx Xxxxxxxx Surface Technologies 19300 Ave. Xxxxxx-Xxxxxx Baie d’Xxxx, Xx X0X 0X0 Montreal Canada | Leasehold | ||
Xxxxxx Xxxxxxxx S.r.l | Xxx X. Xx Xxxxxxxx, 00 00000 Xxxxx Xxxxxxxx, Xxxxx, Xxxxx | Leasehold | ||
Xxxxxx Xxxxxxxx | Xxxxxx Xxxxx Xxxxxxxxxx Xxxxxx Xxxxxxx, Xxxxxxxxx, XX0 0XX XX | Leasehold up to December 31, 0000 | ||
Xxxxxxx Xxx Xxxxxxx | Leasehold | |||
Xxxxxx Xxxxxxxx Group | Xxxxx 0 & 0 Xxxxxxxx Xxxxxxxx Xxxx, Xxxxxxx Road, Bicester, Oxon OX26 4LD, UK | Leasehold | ||
Xxxxxx Xxxxxxxx India P. Ltd | Xx.00, Xxxxxx 0, XXX Xxxxxxx, Xxxxxxx, Xxxxx | Leasehold | ||
Xxxxxx Xxxxxxxx Group | 0000 Xxxxxxxxxx Xxxxx X.Xxxxxx, Xxxxxxx 00000, XXX | Leasehold |
-61-
SCHEDULE 6
Intellectual Property
Thursday, December 1, 2011 | Patent List by SP Matter No. | Page 2 of 12 |
SP Matter No. Country |
SubCase |
Case Type |
Application Number |
Publication Number |
Patent Number |
Status | ||||||||
TDSD8736.2 Canada |
ORD | 2326006 15-Nov-2000 |
2326006 | 2326006 21-Feb-2006 |
Granted 15-Nov-2020 | |||||||||
Attorneys: | PIF, ZZZ, ZZZ | |||||||||||||
Client: | Xxxxxx Xxxxxxxx Holdings Corporation | Client Ref: | ||||||||||||
Agent: | SMART & BIGGAR | Agent Ref: 64725-799 | ||||||||||||
Title: | COBALT-BASED INDUSTRIAL CUTTING TOOL INSERTS AND ALLOYS THEREFOR [Co, 3-15% Mo, 25-35%Cr,<1 W] |
|||||||||||||
Owner: | Xxxxxx Xxxxxxxx Holdings Corporation | |||||||||||||
TDSD8736.3 Germany |
ORD | 100 56 636.7 00-Xxx-0000 |
XX 00000000 28-Jun-2001 |
100 56 636.7 15-Sep-2005 |
Granted 15-Nov-2020 | |||||||||
Attorneys: | PIF, ZZZ, ZZZ | |||||||||||||
Client: | Xxxxxx Xxxxxxxx Holdings Corporation | Client Ref: | ||||||||||||
Agent: | BULOW PATENTANWALTSKANZLEI | Agent Ref: S112-53-DE | ||||||||||||
Title: | COBALT-BASED INDUSTRIAL CUTTING TOOL INSERTS AND ALLOYS THEREFOR [Co, 3-15% Mo, 25-35%Cr,<1 W] |
|||||||||||||
Owner: | ||||||||||||||
TDSD8753.2 United States of America |
CIP | 10/250,205 12-Jun-2003 |
US 2004-0057863 A1 25-Mar-2004 |
6,852,176 08-Feb-2005 |
Granted 27-Jul-2023 | |||||||||
Attorneys: | PIF, ZZZ, ZZZ | |||||||||||||
Client: | Xxxxxx Xxxxxxxx Holdings Corporation | Client Ref: | ||||||||||||
Agent: | Agent Ref: | |||||||||||||
Title: | WEAR-RESISTANT, CORROSION-RESISTANT COBALT-BASED ALLOYS [T-400; T-400C] |
|||||||||||||
Owner: | Xxxxxx Xxxxxxxx Holdings Corporation | |||||||||||||
TDSD8753.4 Canada |
PCT | 2,491,754 16-Jun-2003 |
2491754 | Published 16-Jun-2023 | ||||||||||
Attorneys: | PIF | |||||||||||||
Client: | Xxxxxx Xxxxxxxx Holdings Corporation | Client Ref: | ||||||||||||
Agent: | SMART & BIGGAR | Agent Ref: 64725-983 | ||||||||||||
Title: | WEAR-RESISTANT, CORROSION-RESISTANT COBALT-BASED ALLOYS [T-400; T-400C] |
|||||||||||||
Owner: | Xxxxxx Xxxxxxxx Company, Inc. |
-62-
Thursday, December 1, 2011 |
Patent List by SP Matter No. | Page 3 of 12 |
SP Matter No. Country |
SubCase |
Case Type |
Application Number |
Publication Number |
Patent Number |
Status | ||||||||
TDSD8753.5 Japan |
PCT | 2005-505505 16-Jun-2003 |
2005-533186A 04-Nov-2005 |
4463763 26-Feb-2010 |
Granted 16-Jun-2023 | |||||||||
Attorneys: | PIF, ZZZ, ZZZ | |||||||||||||
Client: | Xxxxxx Xxxxxxxx Holdings Corporation | Client Ref: | ||||||||||||
Agent: | AOYAMA & PARTNERS | Agent Ref: P197913 | ||||||||||||
Title: | WEAR-RESISTANT, CORROSION-RESISTANT COBALT-BASED ALLOYS [T-400; T-400C] |
|||||||||||||
Owner: | Xxxxxx Xxxxxxxx Company, Inc. | |||||||||||||
TDSD8753.7 France |
EPP | 03765448.0 16-Jun-2003 |
1521859 09-Jan-2008 |
Granted 16-Jun-2023 | ||||||||||
Attorneys: | PIF, ZZZ, ZZZ | |||||||||||||
Client: | Xxxxxx Xxxxxxxx Holdings Corporation | Client Ref: | ||||||||||||
Agent: | Agent Ref: | |||||||||||||
Title: | WEAR-RESISTANT, CORROSION-RESISTANT COBALT-BASED ALLOYS [T-400; T-400C] |
|||||||||||||
Owner: | Xxxxxx Xxxxxxxx Company, Inc. | |||||||||||||
TDSD8753.8 Germany |
EPP | 03765448.0 16-Jun-2003 |
DE 603 18 579 T2 10-Apr-2008 |
603 18 579.7-08 09-Jan-2008 |
Granted 16-Jun-2023 | |||||||||
Attorneys: | PIF, ZZZ, ZZZ | |||||||||||||
Client: | Xxxxxx Xxxxxxxx Holdings Corporation | Client Ref: | ||||||||||||
Agent: | Agent Ref: | |||||||||||||
Title: | WEAR-RESISTANT, CORROSION-RESISTANT COBALT-BASED ALLOYS [T-400; T-400C] |
|||||||||||||
Owner: | Xxxxxx Xxxxxxxx Company, Inc. | |||||||||||||
TDSD8753.9 United Kingdom |
EPP | 03765448.0 16-Jun-2003 |
1521859 09-Jan-2008 |
Granted 16-Jun-2023 | ||||||||||
Attorneys: | PIF, ZZZ, ZZZ | |||||||||||||
Client: | Xxxxxx Xxxxxxxx Holdings Corporation | Client Ref: | ||||||||||||
Agent: | Agent Ref: | |||||||||||||
Title: | WEAR-RESISTANT, CORROSION-RESISTANT COBALT-BASED ALLOYS [T-400; T-400C] |
|||||||||||||
Owner: | Xxxxxx Xxxxxxxx Company, Inc. |
-63-
Thursday, December 1, 2011 | Patent List by SP Matter No. | Page 4 of 12 |
SP Matter No. Country |
SubCase |
Case Type |
Application Number |
Publication Number |
Patent Number |
Status | ||||||||
TDSD8757 United States of America |
ORD | 10/429,010 02-May-2003 |
US2004-0219354A1 04-Nov-2004 |
6,863,990 08-Mar-2005 |
Granted 02-May-2023 | |||||||||
Attorneys: | PIF, ZZZ, ZZZ | |||||||||||||
Client: | Xxxxxx Xxxxxxxx Holdings Corporation | Client Ref: | ||||||||||||
Agent: | Agent Ref: | |||||||||||||
Title: | WEAR-RESISTANT, CORROSION-RESISTANT NI-CR-MO THERMAL SPRAY POWDER AND METHOD | |||||||||||||
[Ni-Cr-Mo powder for HVOF] | ||||||||||||||
Owner: | Xxxxxx Xxxxxxxx Holdings Corporation | |||||||||||||
TDSD8757.1 Canada |
ORD | 2454883 06-Jan-2004 |
2454883 | 2454883 10-May-2011 |
Granted 06-Jun-2024 | |||||||||
Attorneys: | PIF, ZZZ, ZZZ | |||||||||||||
Client: | Xxxxxx Xxxxxxxx Holdings Corporation | Client Ref: | ||||||||||||
Agent: | SMART & BIGGAR | Agent Ref: 64725-947 | ||||||||||||
Title: | WEAR-RESISTANT, CORROSION-RESISTANT NI-CR-MO THERMAL SPRAY METHOD AND COMPONENT COATED THEREBY [Ni-Cr-Mo powder for HVOF] |
|||||||||||||
Owner: | Xxxxxx Xxxxxxxx Holdings Corporation | |||||||||||||
TDSD8766.1 United States of America |
ORD | 11/015,129 17-Dec-2004 |
US-2005-0142026-A1 30-Jun-2005 |
7,572,408 11-Aug-2009 |
Granted 17-Dec-2024 | |||||||||
Attorneys: | PIF, ZZZ, ZZZ | |||||||||||||
Client: | Xxxxxx Xxxxxxxx Holdings Corporation | Client Ref: | ||||||||||||
Agent: | Agent Ref: | |||||||||||||
Title: | DUCTILE COBALT-BASED LAVES PHASE ALLOYS [T-410] |
|||||||||||||
Owner: | Xxxxxx Xxxxxxxx Holdings Corporation |
-64-
Thursday, December 1, 2011 | Patent List by SP Matter No. | Page 5 of 12 |
SP Matter No. Country |
SubCase |
Case Type |
Application Number |
Publication Number |
Patent Number |
Status | ||||||||
TDSD8766.3 European Patent Convention |
PCT |
04814903.3 17-Dec-2004 |
1704263 27-Sep-2006 |
Published 17-Dec-2024 | ||||||||||
Attorneys: | PIF, ZZZ, ZZZ | |||||||||||||
Client: | Xxxxxx Xxxxxxxx Holdings Corporation | Client Ref: | ||||||||||||
Agent: | XXXXX, XXXX & XXXXXXX | Agent Ref: RPS/MNW/P87274EP00 | ||||||||||||
Title: | DUCTILE COBALT-BASED LAVES PHASE ALLOYS [T-410] |
|||||||||||||
Owner: | Xxxxxx Xxxxxxxx Holdings Corporation | |||||||||||||
TDSD8776.3 United States of America |
CIP |
11/755,594 30-May-2007 |
US-2008-0193675-A1 14-Aug-2008 |
Published 30-Nov-2025 | ||||||||||
Attorneys: | PIF, ZZZ, ZZZ | |||||||||||||
Client: | Xxxxxx Xxxxxxxx Holdings Corporation | Client Ref: | ||||||||||||
Agent: | Agent Ref: | |||||||||||||
Title: | WELDABLE, CRACK-RESISTANT CO-BASED ALLOY AND OVERLAY METHOD [Stellite 22 and 22C] |
|||||||||||||
Owner: | Xxxxxx Xxxxxxxx Holdings Corporation | |||||||||||||
TDSD8776.6 European Patent Convention |
PCT |
05852470.3 30-Nov-2005 |
1838889 03-Oct-2007 |
Published 30-Nov-2025 | ||||||||||
Attorneys: | PIF | |||||||||||||
Client: | Xxxxxx Xxxxxxxx Holdings Corporation | Client Ref: | ||||||||||||
Agent: | XXXXX, XXXX & XXXXXXX | Agent Ref: RPS/OJR/P92777EP00 | ||||||||||||
Title: | WELDABLE, CRACK-RESISTANT CO-BASED ALLOY [Stellite 22 and 22C] |
|||||||||||||
Owner: | Xxxxxx Xxxxxxxx Holdings Corporation |
-65-
Thursday, December 1, 2011 | Patent List by SP Matter No. | Page 6 of 12 |
SP Matter No. Country |
SubCase |
Case Type |
Application Number |
Publication Number |
Patent Number |
Status | ||||||||
TDSD8777.1 United States of America |
ORD | 11/304,127 15-Dec-2005 |
US-2006-0134455-A1 22-Jun-2006 |
Published 15-Dec-2025 | ||||||||||
Attorneys: | PIF | |||||||||||||
Client: | Xxxxxx Xxxxxxxx Holdings Corporation | Client Ref: | ||||||||||||
Agent: | Agent Ref: | |||||||||||||
Title: | IMPARTING HIGH-TEMPERATURE DEGRADATION RESISTANCE TO COMPONENTS FOR INTERNAL COMBUSTION ENGINE SYSTEMS [Fusion Coating] |
|||||||||||||
Owner: | Xxxxxx Xxxxxxxx Holdings Corporation | |||||||||||||
TDSD8777.3 Canada |
PCT | 2595712 15-Dec-2005 |
2595712 | Pending 15-Dec-2025 | ||||||||||
Attorneys: | PIF, NCW | |||||||||||||
Client: | Xxxxxx Xxxxxxxx Holdings Corporation | Client Ref: | ||||||||||||
Agent: | SMART & BIGGAR | Agent Ref: 64725-1076 | ||||||||||||
Title: | IMPARTING HIGH-TEMPERATURE DEGRADATION RESISTANCE TO COMPONENTS FOR INTERNAL COMBUSTION ENGINE SYSTEMS [Fusion Coating] |
|||||||||||||
Owner: | Xxxxxx Xxxxxxxx Holdings Corporation | |||||||||||||
TDSD8777.4 Japan |
PCT | 2007-546870 15-Dec-2005 |
2008-524444A 10-Jul-2008 |
Published 15-Dec-2025 | ||||||||||
Attorneys: | PIF, NCW | |||||||||||||
Client: | Xxxxxx Xxxxxxxx Holdings Corporation | Client Ref: | ||||||||||||
Agent: | AOYAMA & PARTNERS | Agent Ref: P213745 | ||||||||||||
Title: | DEGRADATION RESISTANCE TO COMPONENTS FOR INTERNAL COMBUSTION ENGINE SYSTEMS [Fusion Coating] |
|||||||||||||
Owner: | Xxxxxx Xxxxxxxx Holdings Corporation |
-66-
Thursday, December 1, 2011 | Patent List by SP Matter No. | Page 7 of 12 |
SP Matter No. Country |
SubCase |
Case Type |
Application Number |
Publication Number |
Patent Number |
Status | ||||||||
TDSD8777.5 European Patent Convention |
PCT | 05854103.8 15-Dec-2005 |
1844182 17-Oct-2007 |
1844182 25-Aug-2010 |
Granted 15-Dec-2025 | |||||||||
Attorneys: | PIF, NCW, ZZZ | |||||||||||||
Client: | Xxxxxx Xxxxxxxx Holdings Corporation | Client Ref: | ||||||||||||
Agent: | XXXXX, XXXX & XXXXXXX | Agent Ref: P93696EP00 | ||||||||||||
Title: | IMPARTING HIGH-TEMPERATURE DEGRADATION RESISTANCE TO COMPONENTS FOR INTERNAL COMBUSTION ENGINE SYSTEMS [Fusion Coating] |
|||||||||||||
Owner: | Xxxxxx Xxxxxxxx Holdings Corporation | |||||||||||||
TDSD8777.501 France |
EPP | 05854103.8 15-Dec-2005 |
1844182 25-Aug-2010 |
Granted 15-Dec-2025 | ||||||||||
Attorneys: | PIF, NCW, ZZZ | |||||||||||||
Client: | Xxxxxx Xxxxxxxx Holdings Corporation | Client Ref: | ||||||||||||
Agent: | Agent Ref: | |||||||||||||
Title: | IMPARTING HIGH-TEMPERATURE DEGRADATION RESISTANCE TO COMPONENTS FOR INTERNAL COMBUSTION ENGINE SYSTEMS [Fusion Coating] |
|||||||||||||
Owner: | Xxxxxx Xxxxxxxx Holdings Corporation | |||||||||||||
TDSD8777.502 Germany |
EPP | 05854103.8 15-Dec-2005 |
1844182 25-Aug-2010 |
Granted 15-Dec-2025 | ||||||||||
Attorneys: | PIF, NCW, ZZZ | |||||||||||||
Client: | Xxxxxx Xxxxxxxx Holdings Corporation | Client Ref: | ||||||||||||
Agent: | Agent Ref: | |||||||||||||
Title: | IMPARTING HIGH-TEMPERATURE DEGRADATION RESISTANCE TO COMPONENTS FOR INTERNAL COMBUSTION ENGINE SYSTEMS [Fusion Coating] |
|||||||||||||
Owner: | Xxxxxx Xxxxxxxx Holdings Corporation |
-67-
Thursday, December 1, 2011 | Patent List by SP Matter No. | Page 8 of 12 |
SP Matter No. Country |
SubCase |
Case Type |
Application Number |
Publication Number |
Patent Number |
Status | ||||||||
TDSD8777.503 United Kingdom |
EPP | 05854103.8 15-Dec-2005 |
1844182 25-Aug-2010 |
Granted 15-Dec-2025 | ||||||||||
Attorneys: | PIF, NCW, ZZZ | |||||||||||||
Client: | Xxxxxx Xxxxxxxx Holdings Corporation | Client Ref: | ||||||||||||
Agent: | Agent Ref: | |||||||||||||
Title: | IMPARTING HIGH-TEMPERATURE DEGRADATION RESISTANCE TO COMPONENTS FOR INTERNAL COMBUSTION ENGINE SYSTEMS [Fusion Coating] |
|||||||||||||
Owner: | Xxxxxx Xxxxxxxx Holdings Corporation | |||||||||||||
TDSD8790.1 United States of America |
ORD | 11/463,967 11-Aug-2006 |
US-2009-0032501-A1 05-Feb-2009 |
Published 11-Aug-2026 | ||||||||||
Attorneys: | PIF, ZZZ, ZZZ | |||||||||||||
Client: | Xxxxxx Xxxxxxxx Holdings Corporation | Client Ref: | ||||||||||||
Agent: | Agent Ref: | |||||||||||||
Title: | ABRASION-RESISTANT WED OVERLAY [Tar Sands] |
|||||||||||||
Owner: | Xxxxxx Xxxxxxxx Holdings Corporation | |||||||||||||
TDSD8790.2 Canada |
ORD | 2556132 14-Aug-2006 |
2556132 | Pending 14-Aug-2026 | ||||||||||
Attorneys: | PIF | |||||||||||||
Client: | Xxxxxx Xxxxxxxx Holdings Corporation | Client Ref: | ||||||||||||
Agent: | SMART & BIGGAR | Agent Ref: 64725-1045 | ||||||||||||
Title: | ABRASION-RESISTANT WELD OVERLAY [Tar Sands] |
|||||||||||||
Owner: | Xxxxxx Xxxxxxxx Holdings Corporation |
-68-
Thursday, December 1, 2011 | Patent List by SP Matter No. | Page 9 of 12 |
SP Matter No. Country |
SubCase |
Case Type |
Application Number |
Publication Number |
Patent Number |
Status | ||||||||
TDSD8790.3 Germany |
ORD | 102006038116.5 14-Aug-2006 |
05-Apr-2007 |
Published 14-Aug-2026 | ||||||||||
Attorneys: | PIF, ZZZ, ZZZ | |||||||||||||
Client: | Xxxxxx Xxxxxxxx Holdings Corporation | Client Ref: | ||||||||||||
Agent: | BULOW PATENTANWALTSKANZLEI | Agent Ref: S112-73-DE | ||||||||||||
Title: | ABRASION-RESISTANT WELD OVERLAY [Tar Sands] |
|||||||||||||
Owner: | Xxxxxx Xxxxxxxx Holdings Corporation | |||||||||||||
TDSD8790.4 United Kingdom |
ORD | 0616126.9 14-Aug-2006 |
2429019 14-Feb-2007 |
2429019 24-Dec-2008 |
Granted 14-Aug-2026 | |||||||||
Attorneys: | PIF, ZZZ, ZZZ | |||||||||||||
Client: | Xxxxxx Xxxxxxxx Holdings Corporation | Client Ref: | ||||||||||||
Agent: | BOULT XXXX XXXXXXX | Agent Ref: RPS/MNW/P87615GB00 | ||||||||||||
Title: | ABRASION-RESISTANT WELD OVERLAY [Tar Sands] |
|||||||||||||
Owner: | Xxxxxx Xxxxxxxx Holdings Corporation | |||||||||||||
TDSD8818.2 United States of America |
PCT | 12/669,429 15-Apr-2010 |
US-2010-0209286-A1 19-Aug-2010 |
Published 11-Jul-2028 | ||||||||||
Attorneys: | PIF, ZZZ, ZZZ | |||||||||||||
Client: | Xxxxxx Xxxxxxxx Holdings Corporation | Client Ref: | ||||||||||||
Agent: | Agent Ref: | |||||||||||||
Title: | WELDABLE, CRACK-RESISTANT CO-BASED ALLOY, OVERLAY METHOD, AND COMPONENTS [Stellite 22D] |
|||||||||||||
Owner: | Xxxxxx Xxxxxxxx Holdings Corporation |
-69-
Thursday, December 1, 2011 | Patent List by SP Matter No. | Page 10 of 12 |
SP Matter No. Country |
SubCase |
Case Type |
Application Number |
Publication Number |
Patent Number |
Status Expiration Date | ||||||||
TDSD8818.3 Germany |
PCT | 11 2008 001 868.5 11-Jul-2008 |
DE112008001868T5 22-Jul-2010 | Published 11-Jul-2028 | ||||||||||
Attorneys: | PIF, ZZZ, ZZZ | |||||||||||||
Client: | Xxxxxx Xxxxxxxx Holdings Corporation | Client Ref: | ||||||||||||
Agent: | BULOW PATENTANWALTSKANZLEI | Agent Ref: S112-85-DE/PCT | ||||||||||||
Title: | WELDABLE, CRACK-RESISTANT CO-BASED ALLOY, OVERLAY METHOD, AND COMPONENTS | |||||||||||||
[Stellite 22D] | ||||||||||||||
Owner: | Xxxxxx Xxxxxxxx Holdings Corporation | |||||||||||||
TDSD8832.2 United States of America |
PCT | 12/994,500 24-Nov-2010 |
US-2011-0067796-A1 24-Mar-2011 |
Published 28-May-2029 | ||||||||||
Attorneys: | PIF, ZZZ, ZZZ | |||||||||||||
Client: | Xxxxxx Xxxxxxxx Holdings Corporation | Client Ref: | ||||||||||||
Agent: | Agent Ref: | |||||||||||||
Title: | SLURRY-BASED MANUFACTURE OF THIN WALL METAL COMPONENTS | |||||||||||||
Owner: | Xxxxxx Xxxxxxxx Holdings Corporation | |||||||||||||
TDSD8833.2 United States of America |
PCT | 12/994,536 24-Nov-2010 |
US-2011-0070119-A1 24-Mar-2011 |
Published 28-May-2029 | ||||||||||
Attorneys: | PIF, ZZZ, ZZZ | |||||||||||||
Client: | Xxxxxx Xxxxxxxx Holdings Corporation | Client Ref: | ||||||||||||
Agent: | Agent Ref: | |||||||||||||
Title: | MANUFACTURE OF COMPOSITE COMPONENTS BY POWDER METALLURGY | |||||||||||||
Owner: | Xxxxxx Xxxxxxxx Holdings Corporation | |||||||||||||
TDSD8837.1 United States of America |
ORD | 12/790,183 28-May-2010 |
US-2010-0316883-A1 16-Dec-2010 |
Published 28-May-2030 | ||||||||||
Attorneys: | PIF, ZZZ, ZZZ | |||||||||||||
Client: | Xxxxxx Xxxxxxxx Holdings Corporation | Client Ref: | ||||||||||||
Agent: | Agent Ref: | |||||||||||||
Title: | SPALLATION-RESISTANT MULTILAYER THERMAL SPRAY METAL COATINGS | |||||||||||||
Owner: | Xxxxxx Xxxxxxxx Holdings Corporation |
-70-
Thursday, December 1, 2011 | Patent List by SP Matter No. | Page 11 of 12 |
SP Matter No. |
SubCase |
Case Type |
Application Number |
Publication Number |
Patent Number |
Status | ||||||||
TDSD8854 |
PRI | 13/162,763 | Pending | |||||||||||
United States of America |
17-Jun-2011 | |||||||||||||
Attorneys: | PIF, MEG | |||||||||||||
Client: | Xxxxxx Xxxxxxxx Holdings Corporation | Client Ref: | ||||||||||||
Agent: | Agent Ref: | |||||||||||||
Title: | WEAR RESISTANT INNER COATING FOR PIPES AND PIPE FITTINGS [E.g., 720 by Alloy Fusion] | |||||||||||||
Owner: | Xxxxxx Xxxxxxxx Holdings Corporation | |||||||||||||
TDSD8858 United States of America |
PRO | Unfiled | ||||||||||||
Attorneys: | PIF, ZZZ, ZZZ | |||||||||||||
Client: | Xxxxxx Xxxxxxxx Holdings Corporation | Client Ref: | ||||||||||||
Agent: | Agent Ref: | |||||||||||||
Title: | DILUTION CONTROL FOR HARDFACING VALVES AND VALVE COMPONENTS | |||||||||||||
Owner: |
-71-
Thursday, December 1, 2011 | Report Selection | Page 12 of 12 | ||
Record Count: 36 |
Sort Order: by SP Matter No. |
|
Report Format: Comprehensive | Print Investors?: | No | ||||||||||||||
Print Remarks?: | No | |||||||||||||||||
: |
Print Images/Links?: | No | ||||||||||||||||
Print Designated Countries?: | No | |||||||||||||||||
Filling Date: | From: | To: | ||||||||||||||||
SP Matter No.: | Status Code: Active | |||||||||||||||||
Client: | tdsd | Case Type(s): | Status(es): | |||||||||||||||
Agent: | ||||||||||||||||||
Attorney: | ||||||||||||||||||
Owner: | ||||||||||||||||||
Country: | ||||||||||||||||||
Area: | ||||||||||||||||||
Inventor: |
-72-
Thursday, December 1, 2011 | Trademark List by Trademark | Page 2 of 40 |
Trademark |
SP Matter No. Country |
SubCase Case Type |
Status Classes |
Application Number/Date |
Registration Number/Date | |||||||||
DELCROME |
TDSD8192 France |
ORD | Registered 06 Int., 09 Int. |
N/A 05-July-1988 |
1528222 05-Jul-1988 | |||||||||
Goods: | 06 Int. | welding rods of common metal and electrodes containing elements of chromium | ||||||||||||
09 Int. | welding rods of common metal and electrodes containing elements of chromium | |||||||||||||
DELCROME |
TDSD8195 Germany |
ORD
|
Registered 06 Int., 09 Int., 12 Int. |
N/A 11-Aug-1971 |
W906715 11-Aug-1971 | |||||||||
Goods: | 06 Int | rough and partly finished common metals and their alloys, and in particular hard metal alloys, rough and partly finished metal or metal alloy castings, metal parts with hard metal surface coatings or with surface coatings consisting of hard metal alloys, chromium, cobalt, tungsten and molybenum containing metal alloys, as well as parts made of such alloys, metal parts and parts made of metal alloys with hard metal surface coatings on the basis of chromium, cobalt, tungsten and molybenum, sintered hard metal parts, welding brazing and soldering metal rods, welding, brazing and soldering metal wires; metal rings, metal rings with hard metal surface; metal powders (except metal powders for painting and decoration), hard metal powders | ||||||||||||
09 Int. | electrodes for electric arc welding, brazing, soldering, cutting as well as for surface treatment, and in particular for surface hardening and for surface coating of metal parts and of parts made of other materials and in particular of plastics, hand equipment for electric arc welding, brazing, soldering, cutting as well as for surface treatment of metal parts and of parts made of other materials and in particular of plastics | |||||||||||||
12 Int. | land vehicles and their parts, engines for such vehicles and their parts | |||||||||||||
DELCROME |
XXXX0000 Xxxxx |
ORD | Registered 09 Int. |
753562 27-Feb-1997 |
753562 27-Feb-1997 | |||||||||
Goods: | 09 Int. | welding electrodes and welding wires | ||||||||||||
DELCROME |
XXX0000 Xxxxx, Xxxxxxxx of |
ORD | Registered 06 Int. |
97-27664 17-Jun-1997 |
424552 09-Oct-1998 | |||||||||
Goods: | 06 Int. | bar-shaped and wire-shaped rods of metal for brazing and welding | ||||||||||||
DELCROME |
XXXX0000 Xxxxxx |
ORD | Registered 06 Int., 09 Int. |
971510 25-Feb-1997 |
187672 23-Dec-1997 | |||||||||
Goods: | 06 Int. | metal alloys, welding rods, metal powders, and castings | ||||||||||||
09 Int. | welding electrodes and wires | |||||||||||||
DELCROME |
TDSD8655 Taiwan |
ORD | Registered 09 Int. |
86033344 01-Jul-1997 |
807439 01-Jul-1998 | |||||||||
Goods: | 09 Int. | welding electrodes | ||||||||||||
DELCROME |
TDSD8705 Taiwan |
ORD | Registered 06 Int. |
86033342 01-Jul-1997 |
816430 16-Sep-1998 | |||||||||
Goods: | 06 Int. | welding wires, semi-finished products made of metal and metal powders | ||||||||||||
DELCROME |
TDSD8176 United Kingdom |
ORD | Registered 06 Int. |
823022 14-Jul-1961 |
823022 14-Jul-1961 | |||||||||
Goods: | 06 Int. | welding rods of common metal containing an element of chromium |
-73-
Thursday, December 1, 2011 | Trademark List by Trademark | Page 3 of 40 |
Trademark |
SP Matter No. Country |
SubCase Case Type |
Status Classes |
Application Number/Date |
Registration Number/Date | |||||||||
DELCROME |
TDSD8658 United States of America |
ORD | Registered 06 Int. |
75/355,199 11-Sep-1997 |
2,275,328 07-Sep-1999 | |||||||||
Goods: | 06 Int. | metal welding wire, powders of common metals to be used in welding and metal castings | ||||||||||||
DELORO |
TDSD8078 Algeria |
ORD | Registered 06 Int. |
957 22-Aug-1977 |
53120 06-Aug-1997 | |||||||||
Goods: | 06 Int. | unwrought and partly wrought common metals and their alloys, and articles included in Class 6 made therefrom, wire (non-electric) welding rods | ||||||||||||
DELORO |
TDSD8071 Australia |
ORD | Registered 06 Int. |
276935 18-Mar-1974 |
276935 18-Mar-1974 | |||||||||
Goods: | 06 Int. | unwrought and partly wrought common metals and their alloys and articles included in Class 6 made therefrom, wire (non-electric), welding rods | ||||||||||||
DELORO |
TDSD8088 Australia |
ORD | Registered 09 Int. |
B253403 04-Nov-1971 |
B253403 04-Nov-1971 | |||||||||
Goods: | 09 Int. | electrodes for electric arc welding | ||||||||||||
DELORO |
TDSD8074 | Registered | 527836 | 033165 | ||||||||||
Benelux |
ORD | 06 Int., 08 Int., 09 Int. | 19-May-1971 |
19-May-1972 | ||||||||||
Goods: | 06 Int. | metal alloys, welding rods of common metals | ||||||||||||
08 Int. | cutting tools | |||||||||||||
09 Int. | electrodes for electric welding | |||||||||||||
DELORO |
XXXX0000 Xxxxxx |
ORD | Registered 06 Int. |
N/A 10-Dec-1979 |
007038615 10-Dec-1979 | |||||||||
Goods: | 06 Int. | [local class 06.40] electrode and additive metals for welding, in general | ||||||||||||
DELORO |
TDSD8077 | Registered | N/A | 00000 | ||||||||||
Xxxxxxxx | ORD | 06 Int., 07 Int., 08 Int., 09 Int. |
24-Oct-1978 | 24-Oct-1978 | ||||||||||
Goods: | 06 Int. | unwrought and partly wrought common metals and their alloys, and articles included in class 6 made therefrom, wire (non-electric); welding rods | ||||||||||||
07 Int. | machines for use in the textile, paper, quarrying, mining and engineering industries; machine tools and tools for use in machine tools and parts included in class 7 of all the aforesaid goods | |||||||||||||
08 Int. | hand tools, hand instruments and cutlery | |||||||||||||
09 Int. | electrodes for electric arc welding | |||||||||||||
DELORO |
TDSD8058 | Registered | N/A | 134298 | ||||||||||
Canada | ORD | 000 Int., 001 Int. | 11-Feb-1963 | 24-Jan-1964 |
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Thursday, December 1, 2011 | Trademark List by Trademark | Page 4 of 40 |
Trademark |
SP Matter No. Country |
SubCase Case Type |
Status Classes |
Application Number/Date |
Registration Number/Date | |||||||||
Goods: | 000 Int. | cobalt base alloys having as principal alloying elements chromium, tungsten, and/or molybdenum and stainless steel castings | ||||||||||||
001 Int. | cutting tools and dies and machine parts made from or partially coated with an alloy for resistance to wear, corrosion and high temperatures namely (a) for use in agriculture - ploughshares, plough discs, ditcher teeth, corn knives, mower shoes, crashing hammers, corn stalk cutter knives; (b) for use in the automobile industry - exhaust valves seat insert, water pump shafts, valve push rods, tappets, valve stem tips, rocker arms, dies for hot blanking, shearing and trimming, boring bar wear strips, centreless work rests, (C) for use in the brick and pottery industry - clay brick dies, tile dies, brick machine knives, pug mill knives and scrapers, auger wearing strips, mixer blades, bucket lips, (d) for use in the cement industry - roll grinding mill rings, ploughs, rolls, tube xxxxx, bushings and bearings, feeder screws and table feed spreaders, cement conveying pumps, screws, barrel liners, air rings, slurry knives, pumps shafts, gudgeons, (e) for use in the chemical industry - pump shaft, pump sleeves, pump sealing rings, mixer shafts, mixer paddles valves, steam and gas, burner and spray nozzles, pulverizer hammers, components for coke and gas produces, (f) for use in earthmoving and excavating - xxxx xxxxxx guides, rock screens, tamper teeth, gravel pump impellers, dipper teeth and lips, suction dredge cutters, stuffing box sleeves, roll crusher teeth, shaft sleeves, scraper blades, (g) for use in the food industry - knives, flour mill hammers, fruit and vegetables knives, oilcake rolls and hammers, expeller screws and bars, liquor and stream valves, (h) for use in the glass industry - dies, blowpipes, automatic blowers, glass shears and knives, valves and valve seats, hot glass shears, hot glass forming tools, (I) for use in the iron and steel industry - coke oven parts namely: coke pusher shoes, screw conveyors, gas producer agitator fingers, coke crushing rolls, clinker and bars, fabrication equipment namely: gold shear blades, knock out blocks, nail machine cams, hot piercing dies and punches, foundry-books, paddles and sand slinger parts, rolling mill parts namely: hot shear blades, tin plate rolls, rolling mill guides, clutches, angle iron shearing dies and rolls, furnace skids and feed rolls, ingot pushers, forming rolls, tube drawing apparatus namely: tube piercer shoes, hot tube drawing dies, mill guides, seam scrapers, wire drawing apparatus namely: cutter blades, guides and ferrules, twister heads spinning rolls, (j) for use in the pulp, paper industry and lumber xxxxx - chipper knives, chipper bed plates, chip chute liners, veneer bars, pump shafts chipper bed plates, chip chute liners, veneer bars, pump shaft and sleeves, hydraulic valves, knives, (k) for use in the machinery making industry - bending dies, hot, shearing, forming and trimming dies, hot punches, xxxxx jaws, snap gauges, cams, burnishing broaches, shafts and sleeves, pulverizer hammers, rubber knives, (l) for use in the oil and gas industry - refinery valves and valve seats, pump liners and impellors, pump shafts and sleeves, oil burner nozzles, valve discs, nickel alloy castings, hard surfacing rods and wires, welding wires and powders for depositing hard surfacing metals | |||||||||||||
DELORO |
TDSD8062 China (People’s Republic) |
ORD | Registered 06 Int. |
N/A 30-Jul-1989 |
355937 30-Jul-1989 | |||||||||
Goods: | 06 Int. | welding wires, electrodes, for welding | ||||||||||||
DELORO |
XXXX0000 Xxxxx (People’s Republic) |
ORD | Registered 06 Int. |
N/A 30-Jun-1989 |
352725 30-Jun-1989 | |||||||||
Goods: | 06 Int. | casting goods, casting rods and casting powders | ||||||||||||
DELORO |
TDSD8080 Czech Republic |
ORD |
Registered 06 Int., 07 Int., 08 Int., 09 Int. |
49933 03-May-1977 |
163411 03-May-1977 |
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Thursday, December 1, 2011 | Trademark List by Trademark | Page 5 of 40 |
Trademark |
SP Matter No. Country |
SubCase Case Type |
Status Classes |
Application Number/Date |
Registration Number/Date | |||||||||
Goods: | 06 Int. | common metals raw and semi-manufactured and their alloys and products made of them; wires (except wires for electrotechnical using); welding rods | ||||||||||||
07 Int. | machines for use in textile and paper industries, in stone pits, in mining and machine industries; machine tools and tools for using in machine tools and parts of all the aforesaid goods | |||||||||||||
08 Int. | hand cutlery tools; cutlery products including products of precious metals including razors and shavers, forks and spoons including of precious metals; side arms | |||||||||||||
09 Int. | electrodes for electric arc welding | |||||||||||||
DELORO |
XXXX0000 Xxxxxx |
ORD | Registered 06 Int. |
967108 31-Jul-1968 |
1528221 31-Jul-1968 | |||||||||
Goods: | 06 Int. | unwrought or partly wrought cobalt for use in manufacture | ||||||||||||
DELORO |
TDSD8082 Germany |
ORD |
Registered 06 Int., 07 Int., 08 Int., 09 Int. |
N/A 06-Oct-1969 |
W874433 06-Oct-1969 | |||||||||
Goods: | 06 Int. | |||||||||||||
07 Int. | ||||||||||||||
08 Int. | ||||||||||||||
09 Int. | ||||||||||||||
DELORO |
TDSD8079 Hungary |
ORD | Registered 06 Int., 09 Int. |
2253/881/77 19-May-1977 |
119825 19-May-1977 | |||||||||
Goods: | 06 Int. | unworked and semi-processed metals and alloys thereof, and castings made of such metals and the alloys thereof; wires for not electric purposes, welding rods | ||||||||||||
09 Int. | electrodes for electric arc welding | |||||||||||||
DELORO |
TDSD8063 Korea, Republic of |
ORD | Registered 08 Int. |
N/A 06-Nov-1978 |
58322 06-Nov-1978 | |||||||||
Goods: | 08 Int. | knives, straight razors, razor blades, chisels, plains, hatchets, saws, shears, border shears, metal shears, embroidery scissors, pruning shears, nail-scissors, nail-clipper, xxxxxx scissors, glass-cutters, carving-knives, hatches used in ceremonies, monkeys, spanners, vises, tongs, wrenches, screw drivers, hammers, pickaxes, pliers and scrapers | ||||||||||||
DELORO |
XXXX0000 Xxxxx, Xxxxxxxx of |
ORD | Registered 06 Int. |
N/A 04-Oct-1978 |
57850 04-Oct-1978 | |||||||||
Goods: | 06 Int. | cast-iron, casting of cast-iron, cast steel, casting of cast steel, copper, casting of copper alloy, lead, casting of lead alloy, tin, casting of tin alloy, aluminum, casting of aluminum alloy, magnesium, casting of magnesium alloy, nickel, casting of nickel alloy, titanium, casting of titanium alloy and welding rods | ||||||||||||
DELORO |
XXXX0000 Xxxxx, Xxxxxxxx of |
ORD | Registered 09 Int. |
N/A 08-Jan-1979 |
59345 08-Jan-1979 | |||||||||
Goods: | 09 Int. | welding electrodes | ||||||||||||
DELORO |
TDSD8076 Romania |
ORD |
Registered 06 Int., 07 Int., 08, Int., 09 Int. |
N/A 24-Nov-1977 |
3R09895 24-Nov-1977 |
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Thursday, December 1, 2011 | Trademark List by Trademark | Page 6 of 40 |
Trademark |
SP Matter No. Country |
SubCase |
Status Classes |
Application |
Registration | |||||||||
Goods: | 06 Int. | unwrought and partly wrought common metals and their alloys, and articles included in class 6 made therefrom; wire (non-elec); welding rods | ||||||||||||
07 Int. | machines for use in the textile, paper, quarrying, mining and engineering industries; machine tools and tools for use in machine tools and parts included in class 7 of all the aforesaid goods | |||||||||||||
08 Int. | hand tools | |||||||||||||
09 Int. | electrodes for electric arc welding | |||||||||||||
DELORO | TDSD8081 | Registered | 49933 | 163411 | ||||||||||
Slovakia | ORD | 06 Int., 07 Int., 08 Int., 09 Int. | 03-May-1977 | 03-May-1997 | ||||||||||
Goods: | 06 Int. | unwrought and partly wrought common metals and their alloys, and other articles made therefrom; wire (non-electric); welding rods | ||||||||||||
07 Int. | machines for use in the textile, paper, quarrying, mining and engineering industries; machine tools and tools for use in machine tools and parts of all the aforesaid goods | |||||||||||||
08 Int. | cutlery and edge tools | |||||||||||||
09 Int. | electrodes for electric arc welding | |||||||||||||
DELORO | TDSD8066 | Registered | N/A | 402074 | ||||||||||
United Kingdom | ORD | 06 Int. | 19-Mar-1920 | 19-Mar-1920 | ||||||||||
Goods: | 06 Int. | cobalt unwrought and partly wrought for use in manufacture | ||||||||||||
DELORO | TDSD8072 | Registered | 73/199,653 | 1,154,508 | ||||||||||
United States of America | ORD | 06 Int. | 11-Jan-1979 | 19-May-1981 | ||||||||||
Goods: | 06 Int. | stainless steel castings and nickel alloy castings, hard surfacing rods and wires, welding wires and powders for depositing hard surfacing metals | ||||||||||||
XXXXXX XXXXXXXX | TDSD8095 | Registered | N/A | 00000 | ||||||||||
Xxxxxxx | ORD | 06 Int. | 17-Dec-1974 | 17-Dec-1974 | ||||||||||
Goods: | 06 Int. | unwrought and partly wrought common metals and their alloys, and goods made therefrom not included in other classes, wires (non-electric), welding rods | ||||||||||||
XXXXXX XXXXXXXX | TDSD8118 | Registered | N/A | 00000 | ||||||||||
Xxxxxxx | ORD | 08 Int. | 26-Sep-1974 | 26-Sep-1974 | ||||||||||
Goods: | 08 Int. | cutlery and edge tools | ||||||||||||
XXXXXX XXXXXXXX | TDSD8125 | Registered | N/A | 00000 | ||||||||||
Xxxxxxx | ORD | 09 Int. | 26-Sep-1974 | 26-Sep-1974 | ||||||||||
Goods: | 09 Int. | electrodes for electric arc welding | ||||||||||||
XXXXXX XXXXXXXX | TDSD8090 | Registered | 176427 | UCA13091 | ||||||||||
Canada | ORD | 000 Int. | 26-Sep-1939 | 26-Sep-1939 | ||||||||||
Goods: | 000 Int. | cutting tools | ||||||||||||
XXXXXX XXXXXXXX | TDSD8642 | Registered | Z-673/74 | Z961015 | ||||||||||
Croatia | ORD | 06 Int., 07 Int., 08 Int., 09 Int. | 24-Sep-1974 | 11-Nov-1996 |
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Thursday, December 1, 2011 | Trademark List by Trademark | Page 7 of 40 |
Trademark |
SP Matter No. Country |
SubCase |
Status Classes |
Application |
Registration | |||||||||
Goods: | 06 Int. | unwrought and partly processed common metals and their alloys, anchors, anvils, bells, rolled and cast building materials; railway tracks and other metal materials for railway; chains (except driving chains for vehicles); cables; ironmongery; pipes and tubes of metal; safes; balls of steel, horseshoes nails and screws; goods of metal (base metal) not included in other classes; ores | ||||||||||||
07 Int. | machine tools and tools for use with machine tools, and parts thereof | |||||||||||||
08 Int. | knives and parts thereof, hand tools and edge tools | |||||||||||||
09 Int. | electrodes for electric welding | |||||||||||||
XXXXXX XXXXXXXX | TDSD8105 | Registered | N/A | VR 1953 01762 | ||||||||||
Denmark | ORD | 06 Int., 08 Int., 09 Int. | 31-Dec-1953 | 31-Dec-1953 | ||||||||||
Goods: | 06 Int. | metal alloys, welding rods | ||||||||||||
08 Int. | cutting tools | |||||||||||||
09 Int. | welding electrodes | |||||||||||||
XXXXXX XXXXXXXX | TDSD8103 | Registered | R200004052 | 00000 | ||||||||||
Xxxxxxx | ORD | 06 Int., 07 Int., 08 Int., 09 Int. | 05-Nov-1980 | 05-Nov-1980 | ||||||||||
Goods: | 06 Int. | unwrought and partly wrought common metals and their alloys and goods made thereof included in the commodity class 6; metal (non-electric); welding rods | ||||||||||||
07 Int. | machine tools and tools for use in machine tools and parts for all aforesaid goods included in class 7 | |||||||||||||
08 Int. | cutlery and cutting tools | |||||||||||||
09 Int. | electrodes for electric arc welding | |||||||||||||
XXXXXX XXXXXXXX | TDSD8099 | Registered | 967110 | 1528223 | ||||||||||
France | ORD | 06 Int. | 31-Jul-1968 | 31-Jul-1968 | ||||||||||
Goods: | 06 Int. | (Classes 6, 7, 8, 9) metal alloys, cutting tools, welding rods and welding electrodes; machine tools for the making of dry batteries, unwrought and partly wrought common metals and their alloys, valve seats for combustion engines and metal powders | ||||||||||||
XXXXXX XXXXXXXX | TDSD8104 | Registered | N/A | W913204 | ||||||||||
Germany | ORD | 06 Int., 07 Int., 08 Int., 09 Int. | 11-Aug-1971 | 11-Aug-1971 |
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Thursday, December 1, 2011 | Trademark List by Trademark | Page 8 of 40 |
Trademark |
SP Matter No. Country |
SubCase |
Status Classes |
Application |
Registration | |||||||||
Goods: | 06 Int. | hard metal alloys in the form welding rods, electrodes, or wires with a cobalt, chromium and carbon basis containing one or more of these constituents, tungsten, molybdenum, vanadium, tantalum, niobium, nickel, iron, manganese or copper, in particular for the manufacture of wear-corrosion and high temperature resistant surface coatings of metal parts consisting of hard alloys based on cobalt, chromium and carbon containing one or more of the following components, tungsten, molybdenum, vanadium, tantalum, niobium, nickel, iron, manganese or copper, case or forged, partly treated parts, metallic powders based on cobalt, chromium, and carbon containing one or more of the following constituents, tungsten, molybdenum, nickel, boron, iron, manganese, silicon or copper for wear, corrosion and temperature resistant surface coatings applied by spraying melting or welding; sintered metal parts produced as semi-finished products from metallic powders based on cobalt, chromium and carbon containing one or more of the following constituents; tungsten, molybdenum, vanadium, tantalum, niobium, nickel, iron, manganese or copper, metal parts, particularly steel parts produced as semi-finished products with surface coating based on cobalt, chromium and carbon, containing one or more of the following constituents tungsten, molybdenum, vanadium, tantalum, niobium, nickel, iron, manganese, boron, silicon or copper; cutting tools, also cutting tools serving as machine tools, in particular for cutting or working steel or metal alloys consisting of hard metal alloys based on cobalt, chromium, and carbon containing one or more of the following components; tungsten, molybdenum, vanadium, tantalum, niobium, nickel, boron or iron | ||||||||||||
07 Int. | hard metal alloys in the form welding rods, electrodes, or wires with a cobalt, chromium and carbon basis containing one or more of these constituents, tungsten, molybdenum, vanadium, tantalum, niobium, nickel, iron, manganese or copper, in particular for the manufacture of wear-corrosion and high temperature resistant surface coatings of metal parts consisting of hard alloys based on cobalt, chromium and carbon containing one or more of the following components, tungsten, molybdenum, vanadium, tantalum, niobium, nickel, iron, manganese or copper, case or forged, partly treated parts, metallic powders based on cobalt, chromium, and carbon containing one or more of the following constituents, tungsten, molybdenum, nickel, boron, iron, manganese, silicon or copper for wear, corrosion and temperature resistant surface coatings applied by spraying, melting or welding; sintered metal parts produced as semi-finished products from metallic powders based on cobalt, chromium and carbon containing one or more of the following constituents; tungsten, molybdenum, vanadium, tantalum, niobium, nickel, iron, manganese or copper, metal parts, particularly steel parts produced as semi-finished products with surface coating based on cobalt, chromium and carbon, containing one or more of the following constituents tungsten, molybdenum, vanadium, tantalum, niobium, nickel, iron, manganese, boron, silicon or copper; cutting tools, also cutting tools serving as machine tools, in particular for cutting or working steel or metal alloys consisting of hard metal alloys based on cobalt, chromium, and carbon containing one or more of the following components: tungsten, molybdenum, vanadium, tantalum, niobium, nickel, boron or iron |
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Thursday, December 1, 2011 | Trademark List by Trademark | Page 9 of 40 |
Trademark |
SP Matter No. Country |
SubCase |
Status Classes |
Application |
Registration | |||||||||
08 Int. | hard metal alloys in the form of welding rods, electrodes, or wires with a cobalt, chromium and carbon basis containing one or more of these constituents, tungsten, molybdenum, vanadium, tantalum, niobium, nickel, iron, manganese or copper, in particular for the manufacture of wear-corrosion and high temperature resistant surface coatings of metal parts consisting of hard alloys based on cobalt, chromium and carbon containing one or more of the following components, tungsten, molybdenum, vanadium, tantalum, niobium, nickel, iron, manganese or copper, case or forged, partly treated parts, metallic powders based on cobalt, chromium, and carbon containing one or more of the following constituents, tungsten, molybdenum, nickel, boron, iron, manganese, silicon or copper for wear, corrosion and temperature resistant surface coatings applied by spraying melting or welding; sintered metal parts produced as semi-finished products from metallic powders based on cobalt, chromium and carbon containing one or more of the following constituents, tungsten, molybdenum, vanadium, tantalum, niobium, nickel, iron, manganese or copper, metal parts, particularly steel parts produced as semi-finished products with surface coatin based on cobalt, chromium and carbon, containing one or more of the following constituents, tungsten, molybdenum, vanadium, tantalum, niobium, nickel, iron, manganese, boron, silicon or copper, cutting tools, also cutting tools serving as machine tools, in particular for cutting or working steel or metal alloys consisting of hand metal alloys based on cobalt, chromium, and carbon containing one or more of the following components: tungsten, molybdenum, vanadium, tantalum, niobium, nickel or iron | |||||||||||||
09 Int. | hard alloys in the form of welding rods, electrodes, or wires with a cobalt, chromium and carbon basis containing one or more of these constituents, tungsten, molybdenum, vanadium, tantalum, niobium, nickel, iron, manganese or copper, in particular for the manufacture of wear-corrosion and high temperature resistant surface coatings of metal parts consisting of hard alloys based on cobalt, chromium and carbon containing one or more of the following components, tungsten, molybdenum, vanadium, tantalum, niobium, nickel, iron, manganese or copper, case or forged partly treated parts, metallic powders based on cobalt, chromium, and carbon containing one or more of the following constituents, tungsten, molybdenum, nickel, boron, iron, manganese, silicon or copper for wear, corrosion and temperature resistant surface coatings applied by spraying, melting or welding: sintered metal parts produced as semi-finished products from metallic powders based on cobalt, chromium and carbon containing one or more of the following constituents: tungsten, molybdenum, vanadium, tantalum, niobium, nickel, iron, manganese, boron, silicon or copper; cutting tools, also cutting tools serving as machine tools, in particular for cutting or working steel or metal alloys consisting of hard metal alloys based on cobalt, chromium, and carbon containing one or more of the following components: tungsten, molybdenum, vanadium, tantalum, niobium, nickel, boron or iron | |||||||||||||
XXXXXX XXXXXXXX | TDSD8126 | Registered | N/A | 144569 | ||||||||||
India | ORD | 09 Int. | 26-Jul-1950 | 26-Jul-1950 | ||||||||||
Goods: | 09 Int. | electrodes for electric welding made of STELLITE | ||||||||||||
XXXXXX XXXXXXXX | TDSD8646 | Registered | R002006008501 | IDM000175529 | ||||||||||
Indonesia | ORD | 06 Int. | 10-Apr-1997 | 26-Dec-1997 | ||||||||||
Goods: | 06 Int. | metal alloys, welding rods, metal powders, unwrought and partly wrought common metals and their alloys; anchors, anvils, bells, rolled and cast building materials, rails and other metallic materials for railway tracks; chains (except driving chains for vehicles); cables and wires (non-electric): locksmiths’ work; metallic pipes and tubes; safes and cash boxes; steel balls; horseshoes, nails and screws; other goods in non-precious metal not included in other classes; ores, casting |
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Thursday, December 1, 2011 | Trademark List by Trademark | Page 10 of 40 |
Trademark |
SP Matter No. Country |
SubCase |
Status Classes |
Application |
Registration | |||||||||
XXXXXX XXXXXXXX | TDSD8092 | Registered | 38934 | 00000 | ||||||||||
Xxxxxx | ORD | 06 Int. | 18-Mar-1974 | 18-Mar-1974 | ||||||||||
Goods: | 06 Int. | unwrought and partly wrought common metals and their alloys and articles included in Class 6 made therefrom, wire (non-electric), welding rods | ||||||||||||
XXXXXX XXXXXXXX | TDSD8123 | Registered | 38937 | 00000 | ||||||||||
Xxxxxx | ORD | 09 Int. | 18-Mar-1974 | 18-Mar-1974 | ||||||||||
Goods: | 09 Int. | electrodes for electric arc welding | ||||||||||||
XXXXXX XXXXXXXX | TDSD8096 | Registered | N/A | 000000 | ||||||||||
Xxxxx | ORD | 07 Int., 09 Int., 10 Int., 11 Int., 12 Int., 17 Int. | 03-Apr-1952 | 03-Apr-1952 | ||||||||||
Goods: | 07 Int. | electric welding machines, generators, electric motors (exclusive of electric motors for land vehicles) | ||||||||||||
09 Int. | welding electrodes, welding rods (electric welding rods), electric welding apparatus, electric arc welding machines, rotary converters, current rectifiers, frequency transducers, telegraph apparatus, telephone sets, transformers, switches, current controllers, resistors, electrodes for electric furnaces, vacuum tubes, X-ray tubes, electric measuring apparatus and instruments, batteries, accumulators, covered electric wires | |||||||||||||
10 Int. | electric medical instruments | |||||||||||||
11 Int. | electric furnaces, electric carpets, electric cooking pots, electric portable kitchen ranges, electric room heaters, electric bed quilts, electric water boilers, electric fans, incandescent lamps, arc lamps, electric torches | |||||||||||||
12 Int. | electric motors for land vehicles (exclusive of parts for electric motors) | |||||||||||||
17 Int. | insulating materials, insulators, insulating boards, insulating fabric, insulating paper, insulating rubber products, insulating compounds | |||||||||||||
XXXXXX XXXXXXXX | TDSD8004.1 | Proposed | ||||||||||||
Kosovo | ORD | |||||||||||||
Goods: | ||||||||||||||
XXXXXX XXXXXXXX | TDSD8097 | Registered | N/A | M064828 | ||||||||||
Malaysia | ORD | 06 Int. | 20-Mar-1974 | 20-Mar-1974 | ||||||||||
Goods: | 06 Int. | unwrought and partly wrought common metals and their alloys; and articles included in Class 6, wire (non-electric), welding rods | ||||||||||||
XXXXXX XXXXXXXX | TDSD8127 | Registered | N/A | M064831 | ||||||||||
Malaysia | ORD | 09 Int. | 20-Mar-1974 | 20-Mar-1974 | ||||||||||
Goods: | 09 Int. | electrodes for electric arc welding | ||||||||||||
XXXXXX XXXXXXXX | TDSD8004.2 | Registered | Z673/74 | 00000XX | ||||||||||
Xxxxxxxxxx | ORD | 06 Int., 07 Int., 08 Int., 09 Int. | 24-Sep-1974 | 10-Nov-1978 | ||||||||||
Goods: | 06 Int. | unwrought and partly wrought common metals and their alloys and articles included in Class 6 made therefrom; wire (non-electric); welding rods | ||||||||||||
07 Int. | machine tools and tools for use in machine tools and parts included in Class 7 of all the aforesaid goods | |||||||||||||
08 Int. | cutlery and edge tools | |||||||||||||
09 Int. | electrodes for electric arc welding |
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Thursday, December 1, 2011 | Trademark List by Trademark | Page 11 of 40 |
Trademark |
SP Matter No. Country |
SubCase |
Status Classes |
Application |
Registration | |||||||||
XXXXXX XXXXXXXX | TDSD8648 | Registered | 971512 | 189839 | ||||||||||
Norway | ORD | 06 Int.,09 Int. | 25-Feb-1997 | 07-May-1998 | ||||||||||
Goods: | 06 Int. | metal alloys, welding rods, metal powders, and castings | ||||||||||||
09 Int. | welding electrodes | |||||||||||||
XXXXXX XXXXXXXX | TDSD8004 | Registered | Z673/74 | 00000 | ||||||||||
Xxxxxx | ORD | 06 Int., 07 Int., 08 Int., 09 Int. | 24-Sep-1974 | 10-Nov-1978 | ||||||||||
Goods: | 06 Int. | unwrought and partly wrought common metals and their alloys and articles included in Class 6 made there from; wire (non-electric); welding rods | ||||||||||||
07 Int. | machine tools and tools for use in machine tools and parts included in Class 7 of all the aforesaid goods | |||||||||||||
08 Int. | cutlery and edge tools | |||||||||||||
09 Int. | electrodes for electric arc welding | |||||||||||||
XXXXXX XXXXXXXX | TDSD8094 | Registered | N/A | 00000 | ||||||||||
Xxxxxxxxx | ORD | 06 Int. | 18-Sep-1973 | 18-Sep-1973 | ||||||||||
Goods: | 06 Int. | unwrought and partly wrought common metals and their alloys, and articles included in Class 6 made therefrom, wire (non-electric), welding rods | ||||||||||||
XXXXXX XXXXXXXX | TDSD8117 | Registered | N/A | 00000 | ||||||||||
Xxxxxxxxx | ORD | 08 Int. | 18-Sep-1973 | 18-Sep-1973 | ||||||||||
Goods: | 08 Int. | cutlery and edge tools | ||||||||||||
XXXXXX XXXXXXXX | TDSD8124 | Registered | N/A | 00000 | ||||||||||
Xxxxxxxxx | ORD | 09 Int. | 18-Sep-1973 | 18-Sep-1973 | ||||||||||
Goods: | 09 Int. | electrodes for electric arc welding | ||||||||||||
XXXXXX XXXXXXXX | TDSD8043 | Registered | Z-9770587 | Z-9770587 | ||||||||||
Slovenia | ORD | 06 Int. | 09-Apr-1997 | 09-Apr-1997 | ||||||||||
Goods: | 06 Int. | unwrought and partly wrought common metals and their alloys and articles included in Class 6 made therefrom; wire (non-electric); welding rods | ||||||||||||
XXXXXX XXXXXXXX | TDSD8100 | Registered | 1319 | 00/0000 | ||||||||||
Xxxxx Xxxxxx | ORD | 006 Int. | 18-Mar-1974 | 18-Mar-1974 | ||||||||||
Goods: | 006 Int. | unwrought and partly wrought common metals and their alloys, and articles included in this class therefrom, wire (non-electric), welding rods | ||||||||||||
XXXXXX XXXXXXXX | TDSD8129 | Registered | N/A | 00/0000 | ||||||||||
Xxxxx Xxxxxx | ORD | 09 Int | 18-Mar-1974 | 18-Mar-1974 | ||||||||||
Goods: | 09 Int. | electrodes for electric arc welding | ||||||||||||
XXXXXX XXXXXXXX | TDSD8130 | Registered | 746140 | 2604662 | ||||||||||
Spain | ORD | 06 Int., 07 Int., 09, Int. | 18-Mar-1974 | 11-Mar-1976 |
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Thursday, December 1, 2011 | Trademark List by Trademark | Page 12 of 40 |
Trademark |
SP Matter No. Country |
SubCase Case Type |
Status Classes |
Application Number/Date |
Registration Number/Date | |||||||||
Goods: | 06 Int. | unwrought and partly wrought common metals and their alloys and articles included in Class 6 made therefrom; wire (non-electric); welding rods | ||||||||||||
07 Int. | machine tools and tools for use in machine tools and parts included in Class 7 of all the aforesaid goods | |||||||||||||
09 Int. | electrodes for electric arc welding | |||||||||||||
XXXXXX XXXXXXXX |
TDSD8101 | Registered | N/A | 00000 | ||||||||||
Xxxxxx |
ORD | 06 Int., 07 Int. 09 Int. | 19-Nov-1954 |
19-Nov-1954 | ||||||||||
Goods: | 06 Int. | unwrought common metals and their alloys; soldering wire; welding rods | ||||||||||||
07 Int. | metal cutting machine tools | |||||||||||||
09 Int. | welding electrodes | |||||||||||||
XXXXXX XXXXXXXX |
TDSD8003 | Registered | 275070 | 29333 | ||||||||||
Thailand |
ORD | 06 Int. |
11-Nov-1974 |
18-May-1995 | ||||||||||
Goods: | 06 Int. | cobalt and nickel alloys | ||||||||||||
XXXXXX XXXXXXXX |
TDSD8044 | Registered | 277640 | 40275 | ||||||||||
Thailand | ORD | 06 Int. | 16-Dec-1994 | 24-Jan-1996 | ||||||||||
Goods: | 06 Int. | electrodes for electric arc welding and wire (non-electric) and welding rods | ||||||||||||
XXXXXX XXXXXXXX |
TDSD8128 | Registered | N/A | 1017676 | ||||||||||
United Kingdom | ORD | 06 Int., 07 Int., 08 Int., 09 Int | 18-Sep-1973 | 18-Sep-1973 | ||||||||||
Goods: | 06 Int | unwrought and partly wrought common metals and their always alloys, and articles included in Class 6 made therefrom; wire (non-electric); welding rods | ||||||||||||
07 Int. | machine tools and tools for use in machine tools and parts included in Class 7 of all the aforesaid goods | |||||||||||||
08 Int. | cutlery and edge tools | |||||||||||||
09 Int. | electrodes for electric arc welding | |||||||||||||
XXXXXX XXXXXXXX |
TDSD8635 | Registered | BAZR971343A | XXXX000000 | ||||||||||
[Xxxxxx/Xxxxxxxxxxx] |
Xxxxxx xxx Xxxxxxxxxxx | ORD | 06 Int., 08 Int., 09 Int | 03-Jan-1996 | 10-Nov-1988 | |||||||||
Goods: | 06 Int | unwrought and partly wrought common metals and their alloys and articles included in Class 6 made there from; wire(non-electric); and welding rods | ||||||||||||
08 Int. | cutlery and edge tools | |||||||||||||
09 Int. | electrodes for electric arc welding | |||||||||||||
DENERTIA |
TDSD8152 | Registered | 280833 | 280833 | ||||||||||
Australia | ORD | 05 Int. | 13-Aug-1974 | 13-Aug-1974 | ||||||||||
Goods: | 05 Int. | dental alloys | ||||||||||||
DENERTIA |
TDSD8149 | Registered | N/A | 328219 | ||||||||||
Benelux | ORD | 05 Int. | 16-Aug-1974 | 16-Aug-1974 | ||||||||||
Goods: | 05 Int. | alloys for dental use | ||||||||||||
DENERTIA |
TDSD8147 | 0379745 | 208972 | |||||||||||
Canada | ORD | Registered 05 Int. |
15-Oct-1974 | 22-Aug-1975 | ||||||||||
Goods: | 05 Int. | dental alloys |
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Thursday, December 1, 2011 | Trademark List by Trademark | Page 13 of 40 |
Trademark |
SP Matter No. Country |
SubCase Case Type |
Status Classes |
Application Number/Date |
Registration Number/Date | |||||||||
DENERTIA |
TDSD8156 | Registered | N/A | VR 1975 02239 | ||||||||||
Denmark | ORD | 05 Int. | 23-May-1975 | 23-May-1975 | ||||||||||
Goods: | 05 Int. | dental alloys | ||||||||||||
DENERTIA |
TDSD8142 | Registered | N/A | 0000000 | ||||||||||
Xxxxxx | ORD | 05 Int., 10 Int. | 19-Sep-1984 | 19-Sep-1984 | ||||||||||
Goods: | 05 Int. | dental alloys | ||||||||||||
10 Int. | surgical, medical, dental and veterinary apparatus and instruments, their parts and accessories, artificial teeth and their setting supports | |||||||||||||
DENERTIA |
TDSD8153 | Registered | N/A | W918661 | ||||||||||
Germany | ORD | 05 Int. | 11-May- 1973 | 11-May-1973 | ||||||||||
Goods: | 05 Int. | dento-pharmaceutical and dento-medical products, namely dento-pharmaceutical and dento-medical alloys, in particular tooth fillings, tooth filling compounds, dental cement, dental rubber, modeling wax for dental applications, amalgams for dental applications, metallic salts for dental applications, modeling compounds for dental applications, impression paste for dental applications, paste for temporary tooth fillings | ||||||||||||
DENERTIA |
TDSD8008 | Registered | N/A | 95364 | ||||||||||
Norway | ORD | 05 Int. | 04-Dec-1975 | 04-Dec-1975 | ||||||||||
Goods: | 05 Int. | dental alloys | ||||||||||||
DENERTIA |
TDSD8158 | Registered | 74/4209 | 00/0000 | ||||||||||
Xxxxx Xxxxxx | ORD | 05 Int. | 09-Aug-1974 | 04-Sep-1975 | ||||||||||
Goods: | 05 Int. | pharmaceutical and sanitary substances; material for stopping teeth, dental wax, including dental alloys | ||||||||||||
DENERTIA |
TDSD8146 | Registered | 3760/74 | 000000 | ||||||||||
Xxxxxx | ORD | 05 Int. | 13-Aug-1974 | 22-Aug-1975 | ||||||||||
Goods: | 05 Int. | dental alloys | ||||||||||||
DENERTIA |
TDSD8148 | Registered | N/A | 273593 | ||||||||||
Switzerland | ORD | 05 Int. | 13-Aug-1974 | 13-Aug-1974 | ||||||||||
Goods: | 05 Int. | dental alloys | ||||||||||||
DENERTIA |
TDSD8154 | Registered | N/A | 1010518 | ||||||||||
United Kingdom | ORD | 05 Int. | 02-May-1973 | 02-May-1973 | ||||||||||
Goods: | 05 Int. | dental alloys | ||||||||||||
DURASTELL |
TDSD8813.1 | Registered | 1,351,945 | TMA717,174 | ||||||||||
Canada | ORD | 000 Int. | 15-Jun-2007 | 23-Jun-2008 | ||||||||||
Goods: | 000 Int. | material treatment services, namely, surfacing and resurfacing industrial components by depositions of metal |
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Thursday, December 1, 2011 | Trademark List by Trademark | Page 14 of 40 |
Trademark |
SP Matter No. Country |
SubCase |
Status Classes |
Application |
Registration | |||||||||
DURASTELL |
TDSD8813.2-CN | Registered | 931986 | 931986 | ||||||||||
China (People’s Republic) | IR | 40 Int. | 14-Jun-2007 | 14-Jun-2007 | ||||||||||
Goods: | 40 Int. | material treatment services, namely, surfacing and resurfacing industrial components by deposition of metal | ||||||||||||
XXXXXXXXX |
XXXX0000.0-XX | Registered | 931986 | 931986 | ||||||||||
European Community | ORD | 40 Int. | 14-Jun-2007 | 14-Jun-2007 | ||||||||||
Goods: | 40 Int. | material treatment services, namely, surfacing and resurfacing industrial components by deposition of metal | ||||||||||||
DURASTELL |
TDSD8813.3 | Pending | 0000000 | |||||||||||
Xxxxx | ORD | 40 Int. | 10-Jul-2007 | |||||||||||
Goods: | 40 Int. | material treatment services, namely, surfacing and resurfacing industrial components by deposition of metal | ||||||||||||
DURASTELL |
TDSD8813.2 | Registered | 931986 | |||||||||||
Int’l Registration - Madrid Agreement/Protocol |
ORD | 40 Int. | 14-Jun-2007 | |||||||||||
Goods: | 40 Int. | material treatment services, namely, surfacing and resurfacing industrial components by deposition of metal | ||||||||||||
DURASTELL |
TDSD8813.2-JP | Registered | 931986 | 931986 | ||||||||||
Japan | MPR | 40 Int. | 14-Jun-2007 | 14-Jun-2007 | ||||||||||
Goods: | 40 Int. | material treatment services, namely, surfacing and resurfacing industrial components by deposition of metal | ||||||||||||
DURASTELL |
TDSD8813.2-RU Russian Federation |
IR | Registered 40 Int. |
931986 14-Jun-2007 |
931986 14-Jun-2007 | |||||||||
Goods: | 40 Int. | material treatment services, namely, surfacing and resurfacing industrial components by deposition of metal | ||||||||||||
DURASTELL |
TDSD8813 | Registered | 77/136,380 | 3,496,572 | ||||||||||
United States of America | ORD | 40 Int. | 21-Mar-2007 | 02-Sep-2008 | ||||||||||
Goods: | 40 Int. | material treatment services, namely, surfacing and resurfacing industrial components by deposition of metal | ||||||||||||
FUSIONSTELL |
TDSD8840 | Allowed | 85/010,428 | |||||||||||
United States of America | ORD | 06 Int., 40 Int. | 09-Apr-2010 | |||||||||||
Goods: | 06 Int. | metal alloys in the form of solid metal powder layers applied to metal component substrates | ||||||||||||
40 Int. | metal alloy coating services involving material transformation of metal industrial component surfaces during manufacture by application of solid metal alloy layers; custom manufacture of metal industrial components | |||||||||||||
JET KOTE |
TDSD8290 | Registered | 614470 | 366960 | ||||||||||
Canada | ORD | 000 Int. | 02-Sep-1988 | 23-Mar-1990 | ||||||||||
Goods: | 000 Int. | hypersonic high temperature metallizing flame spray system comprising spray torch, control console, gas regulators and powders hoppers; metal powders |
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Thursday, December 1, 2011 | Trademark List by Trademark | Page 15 of 40 |
Trademark |
SP Matter No. Country |
SubCase Case Type |
Status Classes |
Application |
Registration | |||||||||
JET KOTE |
TDSD8172 | Registered | VR 1988 06558 | VR 1992 00000 | ||||||||||
Xxxxxxx | ORD | 02 Int., 07 Int. | 21-Aug-1992 | 21-Aug-1992 | ||||||||||
Goods: | 02 Int. | metal powders | ||||||||||||
07 Int. | hypersonic high temperature metalizing flame spray system comprising spray torch, control console, gas regulators and powder xxxxxx | |||||||||||||
JET KOTE |
TDSD8173 | Registered | 948497 | 1633754 | ||||||||||
France | ORD | 02 Int., 07 Int., 08 Int., 09 Int., 11 Int. | 11-Aug-1988 | 11-Aug-1988 | ||||||||||
Goods: | 02 Int. | hypersonic high temperature metalizing flame spray apparatus comprising a spray torch, control console, gas regulators and powder xxxxxx, wear and corrosion resistant metal powders | ||||||||||||
07 Int. | hypersonic high temperature metalizing flame spray apparatus comprising a spray torch, control console, gas regulators and powder xxxxxx, wear and corrosion resistant metal powders | |||||||||||||
08 Int. | hypersonic high temperature metalizing flame spray apparatus comprising a spray torch, control console, gas regulators and powder xxxxxx, wear and corrosion resistant metal powders | |||||||||||||
09 Int. | hypersonic high temperature metalizing flame spray apparatus comprising a spray torch, control console, gas regulators and powder xxxxxx, wear and corrosion resistant metal powders | |||||||||||||
11 Int. | hypersonic high temperature metalizing flame spray apparatus comprising a spray torch, control console, gas regulators and powder xxxxxx, wear and corrosion resistant metal powders | |||||||||||||
JET KOTE | TDSD8350 | Registered | N/A | W1147285 | ||||||||||
Germany | ORD | 07 Int., 09 Int. | 06-Aug-1988 | 06-Aug-1988 | ||||||||||
Goods: | 07 Int. | hypersonic high temperature metalizing flame spray system comprising spray torch, control console, gas regulators and powder xxxxxx | ||||||||||||
09 Int. | hypersonic high temperature metalizing flame spray system comprising spray torch, control console, gas regulators and powder xxxxxx | |||||||||||||
JET KOTE | TDSD8310 | Registered | 108808/1988 | 0000000 | ||||||||||
Xxxxx | ORD | 06 Int. | 29-Mar-1991 | 29-Mar-1991 | ||||||||||
Goods: | 06 Int. | irons and steels, nonferrous metals and their alloys, metal ores (ores of metal) | ||||||||||||
JET KOTE | TDSD8351 | Registered | 108809/1988 | 0000000 | ||||||||||
Xxxxx | ORD | 07 Int., 09 Int. | 22-Sep-1988 | 29-Mar-1991 | ||||||||||
Goods: | 07 Int. | metalworking machines and tools; chemical machines and apparatus; hypersonic high temperature metalizing flame spray system comprising spray torch, control console, gas regulators and powderhopper | ||||||||||||
09 Int. | electric arc welding machines; metal cutting machines for metal works, electric welding apparatus | |||||||||||||
JET KOTE | TDSD8171 | Registered | N/A | 000000 | ||||||||||
Xxxxxx | ORD | 06 Int. | 03-Nov-1989 | 03-Nov-1989 | ||||||||||
Goods: | 06 Int. | non-precious metal powders for industrial use [Reclassified to Int’l Classes 6, 7, 9, 14, & 16.] |
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Thursday, December 1, 2011 | Trademark List by Trademark | Page 16 of 40 |
Trademark |
SP Matter No. Country |
SubCase Case Type |
Status Classes |
Application Number/Date |
Registration Number/Date | |||||||||
JET KOTE | TDSD8174 | Registered | N/A | 000000 | ||||||||||
Xxxxxx | ORD | 07 Int., 08 Int., 09 Int., 11 Int., 12 Int., 16 Int., 20 Int., 21 Int., | 30-Oct-1989 | 30-Oct-1989 | ||||||||||
Goods: | 07 Int. | accessories, additional parts for tractors, grinder machines, machines, machine tools, motors (except for terrestrial vehicles) couplings and belting (except for terrestrial vehicles) | ||||||||||||
08 Int. | hand tools and instruments, cutlery and non-electrical shaving machines, including flame sprinkling apparatus for hypersonic high temperature metalization that comprise a sprinkling blowtorch of a control console table, pulverizer xxxxx | |||||||||||||
09 Int. | galvanization apparatus, galvanoplastics, gauges megaphones (non-electrical) apparatus to transfer oxygen, ozonizer apparatus, shovels for fires, mechanic signals | |||||||||||||
11 Int. | non-electrical heating apparatus (including ones for vehicles) and welder lamps, irrigation machines for agriculture | |||||||||||||
12 Int. | engines for terrestrial vehicles, couplings, driving chains for terrestrial vehicles and in general all kind of mechanisms for engines, brakes, transmission for terrestrial vehicles | |||||||||||||
16 Int. | reels for ribbons of typewriter machines, and non-electrical typewriter machines | |||||||||||||
20 Int. | embroider looms | |||||||||||||
21 Int. | non-electrical waxers and manual xxxxx for domestical use | |||||||||||||
JET KOTE | TDSD8175 | Registered | 1271485 | 1271485 | ||||||||||
Spain | ORD | 06 Int. | 31-Aug-1988 | 05-Mar-1991 | ||||||||||
Goods: | 06 Int. | powdered metals | ||||||||||||
XXX XXXX | XXXX0000 | Xxxxxxxxxx | X/X | 000000 | ||||||||||
Xxxxxx | ORD | 06 Int., 07 Int. | 10-Apr-1992 | 10-Apr-1992 | ||||||||||
Goods: | 06 Int. | metal powders | ||||||||||||
07 Int. | coating apparatus consisting of torches with a spray function, control consoles, gas regulators and powder hoppers, working with hypersonic and high temperature functions | |||||||||||||
JET KOTE | TDSD8352 | Registered | N/A | P366200 | ||||||||||
Switzerland | ORD | 02 Int., 09 Int. | 12-Aug-1988 | 12-Aug-1988 | ||||||||||
Goods: | 02 Int. | scientific, nautical, surveying, electric, (as far as included in Class 9), photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission, the reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus; equipment for high temperature metal plating, control boards, gas regulators and funnels for powders, metals in powder form. | ||||||||||||
09 Int. | ||||||||||||||
JET KOTE | TDSD8013 | Registered | N/A | 1355516 | ||||||||||
United Kingdom | ORD | 06 Int., 07 Int. | 22-Aug-1988 | 22-Aug-1988 | ||||||||||
Goods: | 06 Int. | metallic powders | ||||||||||||
07 Int. | metallizing flame spraying apparatus, gas regulators, control apparatus and powder hoppers, all being parts of the aforesaid apparatus | |||||||||||||
JET KOTE | TDSD8012 | Registered | 73/754,517 | 1,558,845 | ||||||||||
United States of America | ORD | 09 Int. | 28-Sep-1988 | 03-Oct-1989 |
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Thursday, December 1, 2011 | Trademark List by Trademark | Page 17 of 40 |
Trademark |
SP Matter No. Country |
SubCase Case Type |
Status Classes |
Application Number/Date |
Registration Number/Date | |||||||||
Goods: | 09 Int. | hypersonic high temperature metalizing flame spray system comprising spray torch, control console, gas regulators and powder xxxxxx | ||||||||||||
JET KOTE |
TDSD8322 | Registered | 73/754,516 | 1,558,763 | ||||||||||
United States of America | ORD | 06 Int. | 28-Sep-1988 | 03-Oct-1989 | ||||||||||
Goods: | 06 Int. | non-precious metal powders for use in industry | ||||||||||||
JK |
TDSD8011 | Registered | 73/754,667 | 1,561,780 | ||||||||||
United States of America | ORD | 06 Int. | 28-Sep-1988 | 24-Oct-1989 | ||||||||||
Goods: | 06 Int. | non-precious metal powders for use in industry | ||||||||||||
Misuse of STELLITE by Stellite Tong |
TDSD8861 | Unfiled | ||||||||||||
United States of America |
ORD | |||||||||||||
Goods: | ||||||||||||||
NISTELLE |
TDSD8045 | Registered | 74/636,712 | 1,990,880 | ||||||||||
United States of America | ORD | 06 Int. | 21-Feb-1995 | 06-Aug-1996 | ||||||||||
Goods: | 06 Int. | non-precious metal alloys in the form of powders, bars, wire, or rods for use in industry; non-precious metal casting alloys for use in industry; non-precious metal alloy castings for use in industry | ||||||||||||
NUCALLOY |
TDSD8361 | Registered | 396266 | 224856 | ||||||||||
Canada | ORD | 000 Int. | 30-Mar-1976 | 16-Dec-1977 | ||||||||||
Goods: | 000 Int. | metal alloys | ||||||||||||
ORTHOSTELL |
TDSD8849 | Allowed | 85/010,459 | |||||||||||
United States of America | ORD | 06 Int., 40 Int. | 09-Apr-2010 | |||||||||||
Goods: | 06 Int. | metal alloys in the form of solid metal powder layers applied to metal substrates in the manufacture of surgical and orthopedic implants made of metal, metal alloys in the form of solid metal power layers applied to metal substrates for surgical and orthopedic implants made of metal | ||||||||||||
40 Int. | metal alloy coating services involving material transformation of the surface of surgical and orthopedic implants during manufacture by application of solid metal alloy layers; custom manufacture of surgical and orthopedic implants made of metal | |||||||||||||
Potential Infringement of DURASTELL by National Oilwell Varco |
TDSD8856 | Proposed | ||||||||||||
United States of America | ORD | |||||||||||||
Goods: | ||||||||||||||
SEALSTELL |
TDSD8842 | Allowed | 85/010,444 | |||||||||||
United States of America | ORD | 06 Int., 40 Int. | 09-Apr-2010 | |||||||||||
Goods: | 06 Int. | metal alloys in form of solid metal powder layers applied to metal component substrates | ||||||||||||
40 Int. | metal alloy coating services involving material transformation of metal industrial component surfaces during manufacture by application of solid metal alloy layers; custom manufacture of metal industrial components |
-88-
Thursday, December 1, 2011 | Trademark List by Trademark | Page 18 of 40 |
Trademark |
SP Matter No. Country |
SubCase Case Type |
Status Classes |
Application Number/Date |
Registration Number/Date | |||||||||
SHELLSTELL | TDSD8841 | Allowed | 85/010,434 | |||||||||||
United States of America | ORD | 06 Int., 40 Int. | 09-Apr-2010 | |||||||||||
Goods: | 06 Int. | metal alloys in the form of solid metal powder layers applied to metal component substrates | ||||||||||||
40 Int. | metal alloy coating services involving material transformation of metal industrial component surfaces during manufacture by application of solid metal alloy layers; custom manufacture of metal industrial components | |||||||||||||
STARWELD | TDSD8718 | Registered | 1366855 | B1366855 | ||||||||||
United Kingdom | ORD | 07 Int. | 14-Dec-1988 | 02-Jan-1991 | ||||||||||
Goods: | 07 Int. | welding machines | ||||||||||||
STARWELD | TDSD8661 | Registered | 75/321,554 | 2,247,123 | ||||||||||
United States of America | ORD | 09 Int. | 09-Jul-1997 | 25-May-1999 | ||||||||||
Goods: | 09 Int. | plasma transfer arc welding machines | ||||||||||||
XXXXXXX | XXXX0000 | Registered | 74/636,711 | 1,990,879 | ||||||||||
United States of America | ORD | 06 Int. | 21-Feb-1995 | 06-Aug-1996 | ||||||||||
Goods: | 06 Int. | non-precious metal powder for use in industry | ||||||||||||
STELLITE | TDSD8268 | Registered | N/A | 13493 | ||||||||||
African Union Territories (OAPI) | ORD | 06 Int., 07 Int. | 20-Oct-1973 | 20-Oct-1973 | ||||||||||
Goods: | 06 Int. | metal alloys | ||||||||||||
07 Int. | blades and cutters for milling, turning, and the like metal-working machinery, textile machine parts, namely, thread guides, thread lifters, twister rings, loopers, bobbin cases, clutches, blades, knives, guide plate strips, levers, pawls and rolls | |||||||||||||
STELLITE | TDSD8239 | Registered | N/A | 063473 | ||||||||||
Algeria | ORD | 06 Int. | 03-Jul-1962 | 03-Jul-1962 | ||||||||||
Goods: | 06 Int. | metal alloys | ||||||||||||
STELLITE | TDSD8220 | Registered | 2722885 | 2219707 | ||||||||||
Argentina | ORD | 09 Int. | 08-Jan-2007 | 18-Mar-2008 | ||||||||||
Goods: | 09 Int. | welding electrodes, electric welding equipment in general and their accessories | ||||||||||||
STELLITE | TDSD8664 | Registered | 2.675.088 | 2.200.750 | ||||||||||
Argentina | ORD | 06 Int. | 31-Jul-1996 | 31-Jul-1996 | ||||||||||
Goods: | 06 Int. | metal alloys | ||||||||||||
STELLITE | TDSD8244 | Registered | 25942 | A25942 | ||||||||||
Australia | ORD | 06 Int. | 11-Sep-1919 | 11-Sep-1919 | ||||||||||
Goods: | 06 Int. | cobalt chromium alloy | ||||||||||||
STELLITE | TDSD8847-AU | Pending | 0000000 | |||||||||||
Australia | MPR | 06 Int., 09 Int. | 18-Jun-2010 |
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Thursday, December 1, 2011 | Trademark List by Trademark | Page 19 of 40 |
Trademark |
SP Matter No. Country |
SubCase Case Type |
Status Classes |
Application Number/Date |
Registration Number/Date | |||||||||
Goods: | 06 Int. | metal alloys for further manufacturing, namely, cobalt-based metal alloys; metal alloys in the form of metal welding rods, metal welding wire, metal alloy powders, metal alloy castings, alloys for use in the powder metallurgy industry, thermal spray metal powders, and plasma transferred arc welding metal powders | ||||||||||||
09 Int. | electrodes for electric arc welding | |||||||||||||
STELLITE | TDSD8263 | Registered | N/A | 00000 | ||||||||||
Xxxxxxx | ORD | 06 Int., 07 Int. | 27-Mar-1974 | 27-Mar-1974 | ||||||||||
Goods: | 06 Int. | common metals and their alloys | ||||||||||||
07 Int. | blades and cutters for milling, turning, and the like metal working machinery, textile machine parts, thread guides, thread lifters, twister rings, loopers, xxxxx cases, clutches, blades, knives, guide plate strips, levers, pawls and rolls | |||||||||||||
STELLITE | TDSD8231 | Registered | N/A | 11339 | ||||||||||
Bangladesh | ORD | 06 Int. | 24-Aug-1953 | 24-Aug-1953 | ||||||||||
Goods: | 06 Int. | alloys of non-precious metal, alloy welding rods; non-precious metal alloy hard facing rods; non-precious metal alloy castings and forgings not included in other classes non-precious metal alloy hard setting inserts | ||||||||||||
STELLITE | TDSD8637 | Registered | 961285 | 11884 | ||||||||||
Belarus | ORD | 06 Int. | 21-Aug-1996 | 21-Aug-1996 | ||||||||||
Goods: | 06 Int. | metal alloys | ||||||||||||
STELLITE | TDSD8847-BY | Registered | 1045023 | 1045023 | ||||||||||
Belarus | IR | 06 Int., 09 Int. | 18-Jun-2010 | 04-Aug-2011 | ||||||||||
Goods: | 06 Int. | metal alloys for further manufacturing, namely, cobalt-based metal alloys; metal alloys in the form of metal welding rods, metal welding wire, metal alloy powders, metal alloy castings, alloys for use in the powder metallurgy industry, thermal spray metal powders, and plasma transferred arc welding metal powders | ||||||||||||
09 Int. | electrodes for electric arc welding | |||||||||||||
STELLITE | TDSD8262 | Registered | N/A | 052308 | ||||||||||
Benelux | ORD | 06 Int., 07 Int. | 10-Nov-1973 | 10-Nov-1973 | ||||||||||
Goods: | 06 Int. | metal alloys; metal alloy welding rods; metal alloy hard facing rods; metal alloy castings and forgings; metal alloy hard-setting inserts | ||||||||||||
07 Int. | blades and cutters for use in metal working machines; drilling machines and other machines | |||||||||||||
STELLITE | TDSD8270 | Registered | 527833 | 033162 | ||||||||||
Benelux | ORD | 06 Int., 08 Int., 09 Int. | 19-May-1971 | 19-May-1972 | ||||||||||
Goods: | 06 Int. | metal alloys, insofar as not included in other product classes, welding rods | ||||||||||||
08 Int. | cutting tools, insofar as not included in other product classes | |||||||||||||
09 Int. | welding electrodes | |||||||||||||
STELLITE | TDSD8297 | Registered | 527829 | 31052 | ||||||||||
Benelux | ORD | 07 Int., 08 Int. | 19-May-1971 | 19-May-1972 | ||||||||||
Goods: | 07 Int. | tools, such as lathes, milling machines, planing machines, band saws and circular saws | ||||||||||||
08 Int. | hand tools and instruments; cutting tools, forks and spoons, cold steel |
-90-
Thursday, December 1, 2011 | Trademark List by Trademark | Page 20 of 40 |
Trademark |
SP Matter No. Country |
SubCase Case Type |
Status Classes |
Application Number/Date |
Registration Number/Date | |||||||||
STELLITE |
TDSD8214 | Registered | 11,562C | 43856C | ||||||||||
Bolivia | ORD | 06 Int. | 05-Jan-1954 | 02-Aug-1985 | ||||||||||
Goods: | 06 Int. | products made out of various kinds of metals; various metals, alloys and amalgams, metallization, especially all kinds of metal alloys; metal alloy welding rods; metal alloy hard-facing rods; metal alloy castings and forgings; metal alloy hard-setting inserts | ||||||||||||
STELLITE |
TDSD8632 | Registered | BAZR971895A | BAZR971895 | ||||||||||
Bosnia and Herzegovina | ORD | 06 Int. | 20-Oct-1993 | 02-Feb-2002 | ||||||||||
Goods: | 06 Int. | metals and metal alloys in general, metal alloy welding rods, metal alloy hard-facing and soldering rods, metal alloy castings and forgings, metal alloy hardsetting inserts, blades and cutters for use in metal working machines, drilling machines and other machines | ||||||||||||
STELLITE |
TDSD8847-BE | Registered | 1045023 | 1045023 | ||||||||||
Bosnia and Herzegovina | IR | 06 Int., 09 Int. | 18-Jun-2010 | 23-May-2011 | ||||||||||
Goods: | 06 Int. | metal alloys for further manufacturing, namely, cobalt-based metal alloys; metal alloys in the form of metal welding rods, metal welding wire, metal alloy powders, metal alloy castings, alloys for use in the powder metallurgy industry, thermal spray metal powders, and plasma transferred arc welding metal powders | ||||||||||||
09 Int. | electrodes for electric arc welding | |||||||||||||
STELLITE |
TDSD8295 | Registered | N/A | 0000000 | ||||||||||
Xxxxxx | ORD | 07 Int. | 10-Aug-1979 | 10-Aug-1979 | ||||||||||
Goods: | 07 Int. | {local class 07.60} blades for milling; blades for turning; cutters for milling; cutters for turning; thread guides for textile machines; thread lifters for textile machines; twister rings for textile machines; loopers for textile machines; bobbin cases for textile machines; clutches for textile machines; blades for textile machines; knives for textile machines; guide plate strips for textile machines; levers for textile machines; pawls for textile machines; rolls for textile machines | ||||||||||||
STELLITE |
TDSD8850 | Pending | 830630872 | |||||||||||
Brazil | ORD | 06 Int. | 27-May-2010 | |||||||||||
Goods: | 06 Int. | metal alloys for further manufacturing, namely, cobalt-based metal alloys; metal alloys in the form of metal welding rods, metal welding wire, metal alloy powders, metal alloy castings, alloys for used in the powder metallurgy industry, thermal spray metal powders, and plasma transferred arc welding metal powders | ||||||||||||
STELLITE |
TDSD8851 | Pending | 830630970 | |||||||||||
Brazil | ORD | 09 Int. | 27-May-2010 | |||||||||||
Goods: | 09 Int. | electrodes for electric arc welding | ||||||||||||
STELLITE |
TDSD8259 | Registered | N/A | 0000 | ||||||||||
Xxxxxxxx | ORD | 06 Int., 07 Int. | 30-Oct-1973 | 30-Oct-1973 | ||||||||||
Goods: | 06 Int. | metal alloys | ||||||||||||
07 Int. | blades and cutters for milling, turning, and the like metal-working machinery; textile machine parts-namely, thread guides, thread lifters, twister rings, loopers, bobbin cases, clutches, blades, knives, guide plate strips, levers, pawls, and rolls |
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Thursday, December 1, 2011 | Trademark List by Trademark | Page 21 of 40 |
Trademark |
SP Matter No. Country |
SubCase Case Type |
Status Classes |
Application Number/Date |
Registration Number/Date | |||||||||
STELLITE |
TDSD8181 | Registered | 273924 | 132398 | ||||||||||
Canada | ORD | 01 Int., 02 Int. | 11-Feb-1963 | 23-Aug-1963 | ||||||||||
Goods: | 01 Int. | cobalt base alloys having as principal alloying elements chromium, tungsten and/or molybdenum | ||||||||||||
02 Int. | cutting tools and dies and machine parts made from or partially coated with an alloy for resistance to wear, corrosion and high temperature namely (a) for use in agriculture - ploughshars, plough discs, ditcher teeth, corn knives, mower shoes, crushing hammers, corn stalk cutter knives; (b) for use in the automobile industry - exhaust valves and valve seat insert, water pump shafts, valve push rods, tappets, valve stem tips, rocker arms, dies for hot blanking, shearing and trimming, boring bar wear strips, centreless work rests, (c) for use in the brick and pottery industry - clay brick dies, tile dies, brick machine knives, pug mill knives and scrapers, auger wearing strips, mixer blades, bucket lips, (d) for use in the cement industry - roll grinding mill rings, ploughts, rolls, tube xxxxx, bushings and bearings, feeder screws and table feed spreaders, cement conveying pumps, screws, barrel linkers, air rings, slurry knives, pump shafts, gudgeons, (e) for use in the chemical industry - pump shaft, pump sleeves, pump sealing rings, mixer shafts, mixer paddles, valves, steam and gas, burner and spray nozzles, pulverizer hammers, components for coke and gas producers, (f) for use in earthmoving and excavating - xxxx xxxxxx guides, rock screens, tamper teeth, gravel pump impellers, dipper teeth and lips, suction dredge cutters, stuffing box sleeves, roll crusher teeth, shaft sleeves, scraper blades, (g) for used in the food industry - knives, flour mill hammers, fruit and vegetable knives, oilcake rolls and hammers, expeller screws and bars, liquor and steam valves, (h) for use in the glass industry - dies, blowpipes, automatic blowers, glass shears and knives, valves and valve seats, hot glass shears, hot glass forming tools, (i) for use in the iron and steel industry - coke oven parts namely: coke pusher shoes, screw conveyors, gas producer agitator fingers, coke crushing rolls, clinker and bars, fabrication equipment namely: gold shear blades, knock out blocks, nail machine cams, hot piercing dies and punches, foundry-hooks, paddles and sand slinger parts, rolling mill parts namely: hot shear blades, tin plate rolls, rolling mill guides, clutches, angles iron shearing dies and rolls, furnace skids and feed rolls, ingot pushers, forming rolls tube drawing apparatus namely: tube piercer shoes, hot tube drawing dies, mill guides, seam scrapers, wire drawing apparatus namely: cutter blades, guides and ferrules, twister heads spinning rolls, (j) for use in the pulp, paper industry and lumber xxxxx - chipper knives, chipper bed plates, chip chute liners, veneer bars, pump shafts and sleeves, hydraulic valves, knives, (k) for use in the machinery making industry - bending dies, hot, shearing, forming and trimming dies, hot punches, xxxxx jaws, snap gauges, cams, burnishing broaches, shafts and sleeves, pulverizer hammers, rubber knives, (l) for use in the oil and gas industry - refinery valves and valve seats, pump liners and impellers, pump shafts and sleeves, oil burner nozzles, valve discs | |||||||||||||
STELLITE |
TDSD8269 | Registered | 633164 | 691809 | ||||||||||
Chile | ORD | 06 Int., 07 Int. | 06-Jan-2004 | 27-Apr-2004 | ||||||||||
Goods: | 06 Int. | metallic alloys, rods | ||||||||||||
07 Int. | sheets and cutters for use in metal working machines | |||||||||||||
STELLITE |
TDSD8205 | Registered | N/A | 00000 | ||||||||||
Xxxxx (People’s Republic) | ORD | 07 Int. | 15-Aug-1979 | 15-Aug-1979 | ||||||||||
Goods: | 07 Int. | machine tools, cutting machinery and parts of such machinery | ||||||||||||
STELLITE |
TDSD8207 | Registered | 12312 | 97091 | ||||||||||
China (People’s Republic) | ORD | 09 Int. | 15-Aug-1979 | 15-Aug-1979 | ||||||||||
Goods: | 09 Int. | welding electrodes and welding rods |
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Thursday, December 1, 2011 | Trademark List by Trademark | Page 22 of 40 |
Trademark |
SP Matter No. Country |
SubCase Case Type |
Status Classes |
Application Number/Date |
Registration Number/Date | |||||||||
STELLITE |
TDSD8221 | Registered | N/A | 00000 | ||||||||||
Xxxxx (People’s Republic) | ORD | 06 Int. | 15-Aug-1979 | 15-Aug-1979 | ||||||||||
Goods: | 06 Int. | unwrought and partly wrought metals and their alloys | ||||||||||||
STELLITE |
TDSD8847-CN | Pending | 1045023 | |||||||||||
China (People’s Republic) | IR | 06 Int., 09 Int. | 18-Jun-2010 | |||||||||||
Goods: | 06 Int. | metal alloys for further manufacturing, namely, cobalt-based metal alloys; metal alloys in the form of metal welding rods, metal welding wire, metal alloy powders, metal alloy castings, alloys for use in the powder metallurgy industry, thermal spray metal powders, and plasma transferred arc welding metal powders | ||||||||||||
09 Int. | electrodes for electric arc welding | |||||||||||||
STELLITE |
TDSD8246 | Registered | 252533 | 125239 | ||||||||||
Colombia | ORD | 06 Int. | 22-Jan-1986 | 9-Dec-1988 | ||||||||||
Goods: | 06 Int. | common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metals; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores | ||||||||||||
STELLITE |
TDSD8048 | Registered | Z933754N | Z933754 | ||||||||||
Croatia | ORD | 06 Int. | 28-Oct-1993 | 12-Feb-1996 | ||||||||||
Goods: | 06 Int. | metals and metal alloys; metal alloy welding rods; metal alloy hardfacing and soldering rods; metal alloy castings and forgings; metal alloy hardsetting inserts; blades and cutters for use in metal working machines, drilling machines and other machines | ||||||||||||
STELLITE |
TDSD8847-HR | Registered | 1045023 | 1045023 | ||||||||||
Croatia | IR | 06 Int., 09 Int. | 18-Jun-2010 | 18-Jun-2010 | ||||||||||
Goods: | 06 Int. | metal alloys for further manufacturing, namely, cobalt-based metal alloys; metal alloys in the form of metal welding rods, metal welding wire, metal alloy powders, metal alloy castings, alloys for use in the powder metallurgy industry, thermal spray metal powders, and plasma transferred arc welding metal powders | ||||||||||||
09 Int. | electrodes for electric arc welding | |||||||||||||
STELLITE |
TDSD8049 | Registered | 0-75877 | 183,268 | ||||||||||
Czech Republic | ORD | 06 Int. | 29-Mar-1993 | 29-Mar-1993 | ||||||||||
Goods: | 06 Int. | metal alloys and castings | ||||||||||||
STELLITE |
TDSD8272 | Registered | 5320/1973 | VR197901358 | ||||||||||
Denmark | ORD | 06 Int., 07 Int., 09 Int. | 20-Nov-1973 | 18-May-1979 | ||||||||||
Goods: | 06 Int. | unfinished and partly finished unprecious metals and alloys from that plus articles (not contained in other classes) produced from that, metal thread (non-electric) metal welding bars (rods) and thread | ||||||||||||
07 Int. | tooling machinery and parts for use in tooling machinery (not contained in other classes) | |||||||||||||
09 Int. | electrodes for electric arc welding | |||||||||||||
STELLITE |
TDSD8017 | Registered | 50953 | 50953 | ||||||||||
Egypt | ORD | 06 Int. | 14-Sep-1975 | 14-Sep-1975 |
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Thursday, December 1, 2011 | Trademark List by Trademark | Page 23 of 40 |
Trademark |
SP Matter No. Country |
SubCase Case Type |
Status Classes |
Application Number/Date |
Registration Number/Date | |||||||||
Goods: | 06 Int. | unwrought and partly wrought common metals and their alloys, and articles included in Class 6 made therefrom; wire (non-electric); welding rods | ||||||||||||
STELLITE |
TDSD8020 | Registered | 50,596 | 00000 | ||||||||||
Xxxxx | ORD | 09 Int. | 14-Sep-1975 | 14-Sep-1975 | ||||||||||
Goods: | 09 Int. | electrodes for electric arc welding | ||||||||||||
STELLITE |
TDSD8847-EG | Pending | 1045023 | |||||||||||
Egypt | IR | 06 Int., 09 Int. | 18-Jun-2010 | |||||||||||
Goods: | 06 Int. | metal alloys for further manufacturing, namely, cobalt-based metal alloys; metal alloys in the form of metal welding rods, metal welding wire, metal alloy powders, metal alloy castings, alloys for use in the powder metallurgy industry, thermal spray metal powders, and plasma transferred arc welding metal powders | ||||||||||||
09 Int. | electrodes for electric arc welding | |||||||||||||
STELLITE |
TDSD8847-EU | Registered | 1045023 | 1045023 | ||||||||||
European Community | MPR | 06 Int., 09 Int. | 18-Jun-2010 | 18-Jun-2010 | ||||||||||
Goods: | 06 Int. | metal alloys for further manufacturing, namely, cobalt-based metal alloys; metal alloys in the form of metal welding rods, metal welding wire, metal alloy powders, metal alloy castings, alloys for use in the powder metallurgy industry, thermal spray metal powders, and plasma transferred arc welding metal powders | ||||||||||||
09 Int. | electrodes for electric arc welding | |||||||||||||
STELLITE |
TDSD8180 | Registered | R736/88 | 00000 | ||||||||||
Xxxxxxx | ORD | 06 Int., 07 Int. | 20-Jan-1982 | 20-Jan-1982 | ||||||||||
Goods: | 06 Int. | metal alloys | ||||||||||||
07 Int. | bits and inserts for milling and turning, and similar metal processing machines, parts for textile machines, such as rod holders and lifters, twine ringsi, grapples, bobbin boxes, hooks, links, bits, blades, controls the flat band, levers, ratchets, and rolls | |||||||||||||
STELLITE |
TDSD8257 | Registered | 511046 | 1521033 | ||||||||||
France | ORD | 06 Int. | 30-Mar-1979 | 30-Mar-1979 | ||||||||||
Goods: | 06 Int. | metal alloys | ||||||||||||
STELLITE |
TDSD8273 | Registered | 835,038 | 0000000 | ||||||||||
Xxxxxx | ORD | 06 Int., 07 Int., 09 Int. | 23-Jan-1987 | 23-Jan-1987 | ||||||||||
Goods: | 06 Int. | metal goods | ||||||||||||
07 Int. | machinery | |||||||||||||
09 Int. | electrical and scientific apparatus | |||||||||||||
STELLITE |
TDSD8021 | Registered | N/A | 640,720 | ||||||||||
Germany | ORD | 02 Int., 06 Int. | 10-Jul-1974 | 10-Jul-1974 | ||||||||||
Goods: | 02 Int. | non-precious metal powders | ||||||||||||
06 Int. | non-precious metal alloy welding rods; non-precious metal alloy hard-facing rods; | |||||||||||||
non-precious metal alloy castings | ||||||||||||||
STELLITE |
TDSD8267 | Registered | N/A | 640,149 | ||||||||||
Germany | ORD | 06 Int., 07 Int. | 11-Oct-1973 | 11-Oct-1973 |
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Thursday, December 1, 2011 | Trademark List by Trademark | Page 24 of 40 |
Trademark |
SP Matter No. Country |
SubCase Case type |
Status Classes |
Application Number/Date |
Registration Number/Date | |||||||||
Goods: | 06 Int. | metal alloys from non-precious metals; blades, knives, fine blades, cutting devices, pliers, and planes for milling, turning and other metal working machinery, textile machine parts, namely, thread guides, eyes for threads, thread lifters, twisterings, loopers, bobbin cases and bobbin boxes, clutches, blades, fine blades, cutting devices, knives, levers, toggels, cranks, locking and switching latches, and lifters and hooks, rolls and rollers, winches, and shafts, guiding means, guiding rails, and guiding rollers as well as corresponding strips and bands and parts of the above goods | ||||||||||||
07 Int. | metal alloys from non-precious metals; blades, knives, fine blades, cutting devices, pliers, and planes for milling, turning and other metal working machinery, textile machine parts, namely, thread guides, eyes for threads, thread lifters, twisterings, loopers, bobbin cases, and bobbin boxes, clutches, blades, fine blades, cutting devices, knives, levers, toggels, cranks, locking and switching latches, and lifters and hooks, rolls and rollers, winches, and shafts, guiding means, guiding rails, and guiding rollers as well as corresponding strips and bands and parts of the above goods. | |||||||||||||
STELLITE | TDSD8260 | Registered | N/A | 00000 | ||||||||||
Xxxxxx | ORD | 06 Int., 07 Int. | 04-Oct-1973 | 04-Oct-1973 | ||||||||||
Goods: | 06 Int. | metal alloys | ||||||||||||
07 Int. | blades and cutters for milling, turning and the like metal-working machinery; textile machine parts-namely, thread guides, thread lifters, twister rings, loopers, bobbin cases, clutches, blades, knives, guide plate strips, levers, pawls and rolls | |||||||||||||
STELLITE | TDSD8255 | Registered | 1209/75 | 19780931AA | ||||||||||
Hong Kong | ORD | 06 Int., 09 Int. | 04-Sep-1975 | 04-Sep-1975 | ||||||||||
Goods: | 06 Int. | unwrought and partly wrought common metals and their alloys but not including alloys for use in the manufacture and of tools, cutlery and similar instruments or in the manufacture of cutting metals | ||||||||||||
09 Int. | electrodes for electric arc welding | |||||||||||||
STELLITE | TDSD8022 | Registered | N/A | 166427 | ||||||||||
Hungary | ORD | 06 Int., 07 Int. | 16-Oct-1973 | 16-Oct-1973 | ||||||||||
Goods: | 06 Int. | metal alloys | ||||||||||||
07 Int. | blades and cutters for milling, turning, and the like metal-working machinery; textile machine parts-namely, thread guides, thread lifters, twister rings, loopers, bobbin cases, clutches, blades, knives, guide plate strips, levers, pawls and rolls | |||||||||||||
STELLITE | TDSD8249 | Registered | N/A | 285050 | ||||||||||
India | ORD | 06 Int. | 29-Dec-1972 | 29-Dec-1972 | ||||||||||
Goods: | 06 Int. | metal alloys and welding rods, hard facing rods, and castings all being of metal alloys and metal alloy powders (not for painters or decorators), all being goods of non-precious metal | ||||||||||||
STELLITE | TDSD8291 | Registered | N/A | 291352 | ||||||||||
India | ORD | 07 Int. | 09-Oct-1973 | 09-Oct-1973 | ||||||||||
Goods: | 07 Int. | blades and cutters for milling, turning and the like metal working machinery; thread guides, thread lifters, twister rings, loopers, bobbin cases, clutches, blades, knives, guide plate strips, levers, pawls, and rolls, all being parts of textile machinery included in Class 7 | ||||||||||||
STELLITE | TDSD8023 | Registered | Registered | IDM000090897 | ||||||||||
Indonesia | ORD | 06 Int. | 06 Int. | 18-Jun-2004 | ||||||||||
Goods: | 06 Int. | welding rod for hard facing wearing parts |
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Thursday, December 1, 2011 | Trademark List by Trademark | Page 25 of 40 |
Trademark |
SP Matter No. Country |
SubCase Case Type |
Status Classes |
Application Number/Date |
Registration Number/Date | |||||||||
STELLITE |
TDSD8847 Int’l Registration - Madrid Agreement / Protocol |
ORD | Registered 06 Int., 09 Int. |
1045023 18-Jun-2010 | ||||||||||
Goods: | 06 Int. | metal alloys for further manufacturing, namely, cobalt-based metal alloys; metal alloys in the form of metal welding rods, metal welding wire, metal alloy powders, metal alloy castings, alloys for use in the powder metallurgy industry, thermal spray metal powders, and plasma transferred arc welding metal powders | ||||||||||||
09 Int. | electrodes for electric arc welding | |||||||||||||
STELLITE |
TDSD8784 Iran |
ORD | Registered 06 Int. |
84010971 19-Apr-2005 |
123310 16-Aug-2005 | |||||||||
Goods: | 06 Int. |
metal alloys for further manufacturing, namely, cobalt-based metal alloys; metal alloys in the form of metal welding rods, metal welding wire, metal alloy powders, metal alloy castings, wrought metal form, metal alloy plates, metal alloy sheets, metal alloy bars, alloy for use in the powder metallurgy industry, thermal spray metal powders, plasma transferred arc welding metal powders | ||||||||||||
STELLITE |
XXXX0000 Xxxxxxx |
ORD | Registered 06 Int., 09 Int. |
N/A 11-Aug-1975 |
87704 11-Aug-1975 | |||||||||
Goods: | 06 Int. |
unwrought and partly wrought common metals and their alloys, and articles included in Class 6 made there from; wire (non-electric); welding rods | ||||||||||||
09 Int. | electrodes for electric arc welding | |||||||||||||
STELLITE |
XXXX0000 Xxxxxx |
ORD | Registered 06 Int. |
40620 25-Apr-1975 |
40620 25-Apr-1975 | |||||||||
Goods: | 06 Int. | alloys of non-precious metal | ||||||||||||
STELLITE |
TDSD8237 Israel |
ORD | Registered 06 Int. |
40622 25-Apr-1975 |
40622 25-Apr-1975 | |||||||||
Goods: | 06 Int. | metal alloys | ||||||||||||
STELLITE |
XXXX0000 Xxxxxx |
ORD | Registered 07 Int. |
40621 25-Apr-1975 |
40621 25-Apr-1975 | |||||||||
Goods: | 07 Int. |
blades and cutters for milling, turning and the like metal-working machinery; textile machine parts - namely, thread guides, thread lifters twister rings, loopers, bobbin cases, clutches, blades, knives, guide plate strips, levers, pawls and rolls | ||||||||||||
STELLITE |
XXXX0000 Xxxxx |
ORD | Registered 06 Int., 07 Int. |
35146-C/73 30-Sep-1973 |
1044497 14-May-1976 | |||||||||
Goods: | 06 Int. | metal alloys | ||||||||||||
07 Int. | blades and cutters for milling, turning and the like metal-working machinery; textile machine parts- namely thread guides, thread lifters, twister rings, loopers, bobbin cases, clutches, blades, knives, guide plate strips, levers, pawls, and rolls | |||||||||||||
STELLITE |
TDSD8271 | Registered | M12000C010097 | 000000 | ||||||||||
Xxxxx | ORD | 06 Int., 07 Int., 08 Int., 09 Int. | 19-Sep-1950 | 23-May-1951 |
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Thursday, December 1, 2011 | Trademark List by Trademark | Page 26 of 40 |
Trademark |
SP Matter No. Country |
SubCase Case Type |
Status Classes |
Application |
Registration | |||||||||
Goods: | 06 Int. | Wares for all Classes- tools for cutting metal, welding electrodes metals, metal alloys and welding rods | ||||||||||||
07 Int. | ||||||||||||||
08 Int. | ||||||||||||||
09 Int. | ||||||||||||||
STELLITE |
TDSD8301 | Registered | M194C005719 | 696702 | ||||||||||
Italy | ORD | 08 Int. | 21-Jun-1984 | 05-Jun-1986 | ||||||||||
Goods: | 08 Int. | cutlery and cutting instruments | ||||||||||||
STELLITE |
TDSD8234 | Registered | N/A | 24215 | ||||||||||
Jamaica | ORD | 06 Int. | 05-Aug-1981 | 05-Aug-1981 | ||||||||||
Goods: | 06 Int. | metal alloys, metals, and metal castings and forgings | ||||||||||||
STELLITE |
TDSD8305 | Registered | N/A | 20593 | ||||||||||
Jamaica | ORD | 09 Int. | 05-Aug-1981 | 05-Aug-1981 | ||||||||||
Goods: | 09 Int. | electrodes for electrical arc welding rods | ||||||||||||
STELLITE |
TDSD8254 | Registered | 27652/1967 | 904841 | ||||||||||
Japan | ORD | 06 Int. | 12-May-1967 | 07-Jul-1971 | ||||||||||
Goods: | 06 Int. | metals (excluding sodium, potassium and calcium), and ores (excluding those belonging to fuels) | ||||||||||||
STELLITE |
TDSD8809 | Registered | 92240/2006 | 5192436 | ||||||||||
Japan | ORD | 06 Int., 07 Int. | 03-Oct-2006 | 26-Dec-2008 | ||||||||||
Goods: |
06 Int. | metal guide bushings; metal valve parts, namely, metal valve spindles, metal valve cones, metal valve rings, metal valve seats, metal valve nozzles, metal valve balls, metal valve plungers; alloys rods for deposition of metal onto industrial components; alloys wires for deposition of metal onto industrial components; alloy powders for deposition of metal onto industrial components; irons and steels; nonferrous metals and their alloys; metal pulleys, metal springs and metal valves (not for machine elements) | ||||||||||||
07 Int. | metal bearing rings (other than for land vehicles), metal bearing end cups (other than for land vehicles), metal bearing sleeves (other than for land vehicles), and other metal components of industrial bearings; metal components for glass molding molds | |||||||||||||
STELLITE |
TDSD8812 | Registered | 2006-120262 | 5088491 | ||||||||||
Japan | ORD | 08 Int. | 27-Dec-2006 | 02-Nov-2007 | ||||||||||
Goods: | 08 Int. | hair cutting shears, other sharp-edged hand tools, hand tools | ||||||||||||
STELLITE |
TDSD8847-JP | Registered | 1045023 | 1045023 | ||||||||||
Japan | MPR | 06 Int. 09 Int. | 18-Jun-2010 | 07-Jul-2011 | ||||||||||
Goods: | 06 Int. | metal alloys for further manufacturing, namely, cobalt-based metal alloys, metal alloys in the form of metal welding rods, metal welding wire, metal alloy powders, metal alloy castings, alloys for use in the powder metallurgy industry; thermal spray metal powders, and plasma transferred arc welding metal powders | ||||||||||||
09 Int. | electrodes for electric arc welding |
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Thursday, December 1, 2011 | Trademark List by Trademark | Page 27 of 40 |
Trademark |
SP Matter No. Country |
SubCase |
Status Classes |
Application |
Registration | |||||||||
STELLITE |
TDSD8226 | Registered | 6269-75 | 52000 | ||||||||||
Xxxxx, Xxxxxxxx xf | ORD | 06 Int. | 16-Sep-1975 | 10-Jan-1978 | ||||||||||
Goods: | 06 Int. | cast-iron; cast-iron castings; cast-steel; cast-steel castings; copper or copper-base alloy castings; lead or lead-base alloy castings; zinc or zinc-base alloy castings; tin or tin-base alloy castings; aluminum or aluminum-base alloy castings; magnesium or magnesium-base alloy castings; nickel or nickel-base alloy castings; titanium or titanium-base alloy castings; rods of metal for brazing and welding; metal alloys, metal alloys in the form of powder/castings/bars/rods/wires/electrodes; cobalt-based alloys; and cobalt-based alloys in the form of powder/castings/bars/rods/wires | ||||||||||||
STELLITE |
TDSD8228 | Registered | 6200-00 | 00000 | ||||||||||
Xxxxx, Xxxxxxxx xf | ORD | 09 Int. | 16-Sep-1975 | 08-Aug-1977 | ||||||||||
Goods: | 09 Int. | electrodes for electric arc welding | ||||||||||||
STELLITE |
TDSD8847-KR | Registered | 1045023 | 1045023 | ||||||||||
Korea, Republic of | MPR | 06 Int., 09 Int. | 18-Jun-2010 | 15-Jul-2011 | ||||||||||
Goods: | 06 Int. | metal alloys for further manufacturing, namely, cobalt-based metal alloys; metal alloys in the form of metal welding rods, metal welding wire, metal alloy powders, metal alloy castings, alloys for use in the powder metallurgy industry, thermal spray metal powders, and plasma transferred arc welding metal powders | ||||||||||||
09 Int. | electrodes for electric arc welding | |||||||||||||
STELLITE |
TDSD8204.1 | Proposed | ||||||||||||
Kosovo | ORD | |||||||||||||
Goods: | ||||||||||||||
STELLITE |
TDSD8230 | Registered | N/A | 1607 | ||||||||||
Kuwait | ORD | 06 Int. | 08-Apr-1964 | 08-Apr-1964 | ||||||||||
Goods: | 06 Int. | metal alloys, metals, metal castings and forgings | ||||||||||||
STELLITE |
TDSD8631 | Registered | Z-671/96 | 07183 | ||||||||||
Macedonia | ORD | 06 Int. | 30-Sep-1996 | 05-Sep-2002 | ||||||||||
Goods: | 06 Int. | common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores; metal alloy welding rods; metal alloy hard-facing rods; metal alloy castings and forgings | ||||||||||||
STELLITE |
TDSD8847-MI | Pending | 1045023 | |||||||||||
Macedonia | IR | 06 Int., 09 Int. | 18-Jun-2010 | |||||||||||
Goods: | 06 Int. | metal alloys for further manufacturing, namely, cobalt-based metal alloys; metal alloys in the form of metal welding rods, metal welding wire, metal alloy powders, metal alloy castings, alloys for use in the powder metallurgy industry, thermal spray metal powders, and plasma transferred arc welding metal powders | ||||||||||||
09 Int. | electrodes for electric arc welding |
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Thursday, December 1, 2011 | Trademark List by Trademark | Page 28 of 40 |
Trademark |
SP Matter No. Country |
SubCase |
Status Classes |
Application |
Registration | |||||||||
STELLITE |
TDSD8275 | Registered | N/A | 58164 | ||||||||||
Mexico | ORD | 06 Int., 07 Int., 09 Int., 14 Int., 16 Int. | 09-Feb-1948 | 09-Feb-1948 | ||||||||||
Goods: | 06 Int. | common metals and their alloys; railway material of metal, ores of metal | ||||||||||||
07 Int. | matrices for use in printing and drilling rigs | |||||||||||||
09 Int. | welding electrodes | |||||||||||||
14 Int. | precious metals of all kinds | |||||||||||||
16 Int. | typographic characters | |||||||||||||
STELLITE |
TDSD8204.2 | Proposed | ||||||||||||
Montenegro | ORD | |||||||||||||
Goods: | ||||||||||||||
STELLITE |
TD/SD8847-ME | Registered | 1045023 | 1045023 | ||||||||||
Montenegro | IR | 06 Int., 09 Int. | 18-Jun-2010 | 18-Jun-2010 | ||||||||||
Goods: | 06 Int. | metal alloys for further manufacturing, namely, cobalt-based metal alloys; metal alloys in the form of metal welding rods, metal welding wire, metal alloy powders, metal alloy castings, alloys for use in the powder metallurgy industry, thermal spray metal powders, and plasma transferred arc welding metal powders | ||||||||||||
09 Int. | electrodes for electric arc welding | |||||||||||||
STELLITE |
TDSD8235 | Registered | N/A | 62916 | ||||||||||
Morocco | ORD | 06 Int. | 02-Jun-1977 | 02-Jun-1977 | ||||||||||
Goods: | 06 Int. | unwrought and partly wrought common metals and their alloys; castings, forgings, welding rods, hard-facing rods, hard-setting inserts, sheets, plates, strips, rods, bards, balls, tubes or pipes, conduits, wires, bolts, nipples, nuts, pins, washers, all these pieces being of metal alloys | ||||||||||||
STELLITE |
TDSD8847-MA | Pending | 1045023 | |||||||||||
Morocco | IR | 06 Int., 09 Int. | 18-Jun-2010 | |||||||||||
Goods: | 06 Int. | metal alloys for further manufacturing, namely, cobalt-based metal alloys; metal alloys in the form of metal welding rods, metal welding wire, metal alloy powders, metal alloy castings, alloys for use in the powder metallurgy industry, thermal spray metal powders, and plasma transferred arc welding metal powders | ||||||||||||
09 Int. | electrodes for electric arc welding | |||||||||||||
STELLITE |
TDSD8240 | Registered | 48968 | 48968 | ||||||||||
New Zealand | ORD | 06 Int. | 17-Mar-1950 | 17-Mar-1950 | ||||||||||
Goods: | 06 Int. | unwrought and partly wrought common metals, especially alloys of non-precious metals, welding rods and castings | ||||||||||||
STELLITE |
TDSD8286 | Registered | 48969 | 48969 | ||||||||||
New Zealand | ORD | 17-Mar-1950 | 17-Mar-1950 | |||||||||||
Goods: | ||||||||||||||
STELLITE |
TDSD8306 | Registered | N/A | 54311 | ||||||||||
New Zealand | ORD | 09 Int. | 26-Jan-1954 | 26-Jan-1954 |
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Thursday, December 1, 2011 | Trademark List by Trademark | Page 29 of 40 |
Trademark |
SP Matter No. Country |
SubCase |
Status Classes |
Application |
Registration | |||||||||
Goods: | 09 Int. | electrical apparatus and instruments including welding electrodes | ||||||||||||
STELLITE |
TDSD8233 | Registered | N/A | 20534 | ||||||||||
Pakistan | ORD | 06 Int. | 24-Aug-1953 | 24-Aug-1953 | ||||||||||
Goods: | 06 Int. | alloys of non-precious metal, alloy welding rods; non-precious metal hard-facing rods; non-precious metal alloy castings and forgings not included in other classes non-precious metal alloy hard-setting inserts | ||||||||||||
STELLITE |
TDSD8238 | Registered | 147723 | 43391 | ||||||||||
Peru | ORD | 06 Int. | 20-Mar-2002 | 24-Feb-1982 | ||||||||||
Goods: | 06 Int. | welding bars, metal alloys, welding bars for gas soldering and electric arc welding; metal welding wire; metal welding wire for non-joining applications, namely, for depositing metal onto components; metal alloys in the form of powders, thermal spray powders, bars, wire, and rods for use in joining, manufacturing, and repair of industrial components; iron base alloys, vanadium carbide alloys, cobalt base alloys, and nickel | ||||||||||||
STELLITE |
TDSD8309 | Registered | N/A | 40,252 | ||||||||||
Peru | ORD | 09 Int. | 21-Jul-1981 | 21-Jul-1981 | ||||||||||
Goods: | 09 Int. | welding electrodes | ||||||||||||
STELLITE |
TDSD8052 | Registered | 108,779 | 4-1996-111164 | ||||||||||
Philippines | ORD | 06 Int. | 10-Jun-1996 | 06-Feb-2001 | ||||||||||
Goods: | 06 Int. | metals and metal castings and forging | ||||||||||||
STELLITE |
TDSD8261 | Registered | N/A | 52211 | ||||||||||
Poland | ORD | 06 Int., 07 Int. | 20-Dec-1973 | 20-Dec-1973 | ||||||||||
Goods: | 06 Int. 07 Int. |
metal alloys blades and cutters for milling, turning, and the like metal-working machinery; textile machine parts-namely, thread guides, thread lifters, twister rings, loopers, bobbin cases, clutches, blades, knives, guide plate strips, levers, pawls, and rolls |
||||||||||||
STELLITE |
TDSD8027 | Registered | N/A | 184247 | ||||||||||
Portugal | ORD | 06 Int. | 28-Nov-1973 | 28-Oct-1975 | ||||||||||
Goods: | 06 Int. | metal alloys | ||||||||||||
STELLITE |
TDSD8029 | Registered | N/A | 3R08626 | ||||||||||
Romania | ORD | 06 Int., 07 Int. | 10-Dec-1973 | 10-Dec-1973 | ||||||||||
Goods: | 06 Int. | metal alloys | ||||||||||||
07 Int. | blades and cutters for milling and turning and the like metal-working machinery; textile machine parts-namely, thread guides, thread lifters, twister rings, loopers, bobbin cases, clutches, blades, knives, guide plate strips, levers, pawls and rolls |
|||||||||||||
STELLITE |
TDSD8206 | Registered | N/A | 1920 | ||||||||||
Russian Federation | ORD | 06 Int., 07 Int. | 05-Dec-1986 | 05-Dec-1986 | ||||||||||
Goods: | 06 Int. 07 Int. |
metal alloys blades and cutters for milling, turning and the like metal working machinery |
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Thursday, December 1, 2011 | Trademark List by Trademark | Page 30 of 40 |
Trademark |
SP Matter No. Country |
SubCase Case Type |
Status Classes |
Application |
Registration | |||||||||
STELLITE |
TDSD8847-RU | Registered | 1045023 | 1045023 | ||||||||||
Russian Federation | IR | 06 Int., 09 Int. | 18-Jun-2010 | 04-Jul-2011 | ||||||||||
Goods: | 06 Int. | metal alloys for further manufacturing, namely, cobalt-based metal alloys; metal alloys in the form of metal welding rods, metal welding wire, metal alloy powders, metal alloy castings, alloys for use in the powder metallurgy industry, thermal spray metal powders, and plasma transferred arc welding metal powders | ||||||||||||
09 Int. | electrodes for electric arc welding | |||||||||||||
STELLITE |
TDSD8232 | Registered | N/A | S/019609 | ||||||||||
Sabah | ORD | 06 Int. | 13-Nov-1975 | 13-Nov-1975 | ||||||||||
Goods: | 06 Int. | metal alloys and welding rods | ||||||||||||
STELLITE |
TDSD8204 | Registered | Z210-53 | 12799 | ||||||||||
Serbia | ORD | 06 Int. | 29-Jul-1953 | 20-Oct-1953 | ||||||||||
Goods: | 06 Int. | and 07-metals and metal alloys in general, metal alloy welding rods; metal alloy hard-facing rods; metal alloy castings and forgings, metal alloy hard selling inserts; blades and cutters for use in metal-working machines, drilling machines and other machines | ||||||||||||
STELLITE |
TDSD8847-RS | Registered | 1045023 | 1045023 | ||||||||||
Serbia | IR | 06 Int., 09 Int. | 18-Jun-2010 | 18-Jun-2010 | ||||||||||
Goods: | 06 Int. | metal alloys for further manufacturing, namely, cobalt-based metal alloys, metal alloys in the form of metal welding rods, metal welding wire, metal alloy powders, metal alloy castings, alloys for use in the powder metallurgy industry, thermal spray metal powders, and plasma transferred arc welding metal powders | ||||||||||||
09 Int. | electrodes for electric arc welding | |||||||||||||
STELLITE |
TDSD8241 | Registered | N/A | 65752 | ||||||||||
Singapore | ORD | 06 Int. | 09-Oct-1975 | 09-Oct-1975 | ||||||||||
Goods: | 06 Int. | metal alloys and welding rods | ||||||||||||
STELLITE |
TDSD8847-SG | Registered | T10104191 | T10104191 | ||||||||||
Singapore | MPR | 06 Int., 09 Int. | 18-Jun-2010 | 10-Jun-2011 | ||||||||||
Goods: |
06 Int. |
metal alloys for further manufacturing, namely, cobalt-based metal alloys; metal alloys in the form of metal welding rods, metal welding wire, metal alloy powders, metal alloy castings, alloys for used in the powder metallurgy industry, thermal spray metal powders, and plasma transferred arc welding metal powders | ||||||||||||
09 Int. | electrodes for electric arc welding | |||||||||||||
STELLITE |
TDSD8247 | Registered | N/A | 172095 | ||||||||||
Slovakia | ORD | 06 Int. | 01-Apr-1993 | 01-Apr-1993 | ||||||||||
Goods: | 06 Int. | metal alloys and metal casts | ||||||||||||
STELLITE |
TDSD8050 | Registered | Z-5380210 | 5380210 | ||||||||||
Slovenia | ORD | 06 Int., 07 Int. | 10-Feb-1994 | 29-Jul-1993 |
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Thursday, December 1, 2011 | Trademark List by Trademark | Page 31 of 40 |
Trademark |
SP Matter No. Country |
SubCase |
Status Classes |
Application |
Registration | |||||||||
Goods: | 06 Int. | unwrought and partly wrought common metals and their alloys and articles included in Class 6 made therefrom; wire (non-electric); welding rods | ||||||||||||
07 Int. | machine tools and tools for use in machine tools and parts included in Class 7 of all the aforesaid goods | |||||||||||||
STELLITE | TDSD8258 | Registered | N/A | 73/5151 | ||||||||||
South Africa | ORD | 06 Int. | 02-Oct-1973 | 02-Oct-1973 | ||||||||||
Goods: | 06 Int. | metal alloys | ||||||||||||
STELLITE | TDSD8296 | Registered | N/A | 73/5152 | ||||||||||
South Africa | ORD | 07 Int. | 02-Oct-1973 | 02-Oct-1973 | ||||||||||
Goods: | 07 Int. | blades and cutters for milling, turning and the like metal-working machinery; textile machine parts, namely, thread guides, thread lifters, twister rings, loopers, bobbin cases, clutches, blades, knives, guide plate strips, levers, pawls and rolls. | ||||||||||||
STELLITE | TDSD8212 | Registered | 320025 | 320025 | ||||||||||
Spain | ORD | 06 Int. | 30-Apr-1957 | 28-Oct-1957 | ||||||||||
Goods: | 06 Int. | metal alloys | ||||||||||||
STELLITE | TDSD8030 | Registered | N/A | 36783 | ||||||||||
Sri Lanka | ORD | 06 Int. | 25-Sep-1975 | 25-Sep-1975 | ||||||||||
Goods: | 06 Int. | unwrought and partly wrought common metals and their alloys | ||||||||||||
STELLITE | TDSD8307 | Registered | 1978/1951 | 74945 | ||||||||||
Sweden | ORD | 09 Int. | 10-Aug-1951 | 30-Oct-1953 | ||||||||||
Goods: | 09 Int. | gauges | ||||||||||||
STELLITE | TDSD8265 | Registered | N/A | 267269 | ||||||||||
Switzerland | ORD | 06 Int., 07 Int. | 02-Oct-1973 | 02-Oct-1973 | ||||||||||
Goods: | 06 Int. | metal alloys | ||||||||||||
07 Int. | blades and cutters for milling, turning the like metal-working machinery; textile machine parts-namely, thread guides, thread lifters, twister rings, loopers, bobbin cases, clutches, blades, knives, guide plate strips, levers pawls and rolls | |||||||||||||
STELLITE | TDSD8277 | Registered | 401738 | |||||||||||
Switzerland | ORD | 06 Int., 08 Int., 09 Int. | 22-Aug-1992 | |||||||||||
Goods: | 06 Int. | (CI. 6, 8, & 9) - metal alloys, cutting tools, welding rods and welding electrodes | ||||||||||||
08 Int. | ||||||||||||||
09 Int. | ||||||||||||||
STELLITE | TDSD8303 | Registered | N/A | 324738 | ||||||||||
Switzerland | ORD | 08 Int. | 08-Oct-1982 | 08-Oct-1982 | ||||||||||
Goods: | 08 Int. | cutlery and cutting instruments | ||||||||||||
STELLITE | TDSD8847-CH | Registered | 1045023 | 1045023 | ||||||||||
Switzerland | IR | 06 Int., 09 Int. | 18-Jun-2010 | 25-Aug-2011 |
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Thursday, December 1, 2011 | Trademark List by Trademark | Page 32 of 40 |
Trademark |
SP Matter No. Country |
SubCase Case Type |
Status Classes |
Application Number/Date |
Registration Number/Date | |||||||||
Goods: | 06 Int. | metal alloys for further manufacturing, namely, cobalt-based metal alloys; metal alloys in the form of metal welding rods, metal welding wire, metal alloy powders, metal alloy castings, alloys for use in the powder metallurgy industry, thermal spray metal powders, and plasma transferred arc welding metal powders | ||||||||||||
09 Int. | electrodes for electric arc welding | |||||||||||||
STELLITE | TDSD8499 Taiwan |
ORD | Registered 55 Int. |
419543 01-Nov-1988 | ||||||||||
Goods: | 55 Int. | (TAI CLASS) metals, semi-manufactured products of metals; plasma weld powder; metal powder | ||||||||||||
STELLITE | TDSD8179 Tunisia |
ORD | Registered 06 Int. |
EE021578 13-Sep-1957 |
EE87 373 08-Sep-1987 | |||||||||
Goods: | 06 Int. | unwrought and partly wrought and common metals and their alloys, metal alloy castings, forgings, welding rods, hard-facing rods, hard-setting inserts, sheets, plates, strips, rods, bars, balls, tuning, piping, wire, bolts, nipples, nuts, pins and washers | ||||||||||||
STELLITE | TDSD8242 Turkey |
ORD | Registered 06 Int., 07 Int. |
N/A 10-Dec-1973 |
79010 10-Dec-1973 | |||||||||
Goods: | 06 Int. | |||||||||||||
07 Int. | metal alloys; blades and cutters for milling, turning, and the like metal-working machinery; textile machine parts-namely, thread guides, thread lifters, twister rings, loopers, bobbin cases, clutches, blades, knives, guide plate strips, levers, pawls and rolls | |||||||||||||
STELLITE | TDSD8847-TR Turkey |
MPR | Pending 06 Int., 09 Int. |
1045023 18-Jun-2010 |
||||||||||
Goods: | 06 Int. | metal alloys for further manufacturing, namely, cobalt-based metal alloys; metal alloys in the form of metal welding rods, metal welding wire, metal alloy powders, metal alloy castings, alloys for use in the powder metallurgy industry, thermal spray metal powders, and plasma transferred arc welding metal powders | ||||||||||||
09 Int. | electrodes for electric arc welding | |||||||||||||
STELLITE | TDSD8638 Ukraine |
ORD | Registered 06 Int. |
96081978 20-Aug-1996 |
17993 15-Feb-2001 | |||||||||
Goods: | 06 Int. | metal alloys | ||||||||||||
STELLITE | TDSD8847-UA Ukraine |
IR | Registered 06 Int., 09 Int. |
1045023 18-Jun-2010 |
1045023 21-Jul-2011 | |||||||||
Goods: | 06 Int. | metal alloys for further manufacturing, namely, cobalt-based metal alloys; metal alloys in the form of metal welding rods, metal welding wire, metal alloy powders, metal alloy castings, alloys for use in the powder metallurgy industry, thermal spray metal powders, and plasma transferred arc welding metal powders | ||||||||||||
09 Int. | electrodes for electric arc welding | |||||||||||||
STELLITE | TDSD8256 United Kingdom |
ORD | Registered 06 Int. |
N/A 04-Aug-1970 |
963338 04-Aug-1970 |
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Thursday, December 1, 2011 | Trademark List by Trademark | Page 33 of 40 |
Trademark |
SP Matter No. Country |
SubCase |
Status Classes |
Application |
Registration | |||||||||
Goods: | 06 Int. | welding rods; metallic alloys unwrought and partly wrought, all for use in the manufacture of tools, cutting metals, cutlery and of similar instruments; unwrought and partly wrought common metals and their alloys but not including alloys for use in the manufacture of tools, cutlery, and similar instruments or in the manufacture of cutting metals | ||||||||||||
STELLITE | TDSD8312 | Registered | N/A | 608169 | ||||||||||
United Kingdom | ORD | 09 Int. | 19-Jul-1939 | 19-Jul-1939 | ||||||||||
Goods: | 09 Int. | gauges | ||||||||||||
STELLITE | TDSD8184 | Registered | 71/096,748 | 0,114,239 | ||||||||||
United States of America | ORD | 06 Int. | 22-Jul-1916 | 05-Dec-1916 | ||||||||||
Goods: | 06 Int. | metal alloys | ||||||||||||
STELLITE | TDSD8852 | Registered | 85/051,928 | 3,883,138 | ||||||||||
United States of America | ORD | 06 Int., 09 Int. | 01-Jun-2010 | 30-Nov-2010 | ||||||||||
Goods: | 06 Int. | metal alloys for further manufacturing, namely, cobalt-based metal alloys; metal alloys in the form of metal welding rods, metal welding wire, metal alloy powders, metal alloy castings, alloys for use in the powder metallurgy industry, thermal spray metal powders for use in manufacturing, and plasma transferred arc welding metal powders | ||||||||||||
09 Int. | electrodes for electric arc welding | |||||||||||||
STELLITE | TDSD8211 | Registered | N/A | 78826F | ||||||||||
Venezuela | ORD | 14 Int. | 15-Apr-1975 | 15-Apr-1975 | ||||||||||
Goods: | 14 Int. | metal alloys | ||||||||||||
STELLITE | TDSD8223 | Registered | N/A | 86048F | ||||||||||
Venezuela | ORD | 23 Int. | 19-Jan-1978 | 19-Jan-1978 | ||||||||||
Goods: | 23 Int. | blades and cutters for milling, turning, and the like metal-working machinery; textile machine parts-namely, thread guides, thread lifters, twister rings, loopers, bobbin cases, clutches, blades, knives, guide plate strips, levers, pawls, and rolls | ||||||||||||
STELLITE | TDSD8847-ZM | Pending | 1045023 | |||||||||||
Zambia | MPR | 06 Int., 09 Int. | 18-Jun-2010 | |||||||||||
Goods: | 06 Int. | metal alloys for further manufacturing, namely, cobalt-based metal alloys; metal alloys in the form of metal welding rods, metal welding wire, metal alloy powders, metal alloy castings, alloys for use in the powder metallurgy industry, thermal spray metal powders, and plasma transferred arc welding metal powders | ||||||||||||
09 Int. | electrodes for electric arc welding | |||||||||||||
STELLITE + STAR DESIGN | TDSD8201 | Registered | 2501783 | 1994237 | ||||||||||
Argentina | ORD | 06 Int. | 18-Mar-2004 | 06-Oct-2004 | ||||||||||
Goods: | 06 Int. | metal alloys | ||||||||||||
STELLITE + STAR DESIGN | TDSD8200 | Registered | N/A | 02471175 | ||||||||||
Brazil | ORD | 06 Int. | 11-May-1980 | 11-May-1980 | ||||||||||
Goods: | 06 Int. | [Brazil -06.20] metal alloys |
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Thursday, December 1, 2011 | Trademark List by Trademark | Page 34 of 40 |
Trademark |
SP Matter No. Country |
SubCase Case Type |
Status Classes |
Application Number/Date |
Registration Number/Date | |||||||||
STELLITE + STAR DESIGN |
TDSD8183 Canada |
ORD | Registered 000 Int. |
674214 22-Jan-1991 |
407957 12-Feb-1993 | |||||||||
Goods: | 000 Int. | metal alloys, castings, powder metal parts, wrought products, namely hot rolled bar sheet and plate, thermal spray powders, welding powders, welding rods, welding wires, welding electrodes used to hardface or fabricate components used in various equipment applications; metal alloys; plasma transfer arc machine, namely, welding system made up of a control panel, powder feeder, argon gas inlet and torch | ||||||||||||
STELLITE + STAR DESIGN |
TDSD8373 China (People’s Republic) |
ORD | Registered 06 Int. |
N/A 30-Jul-1989 |
355938 30-Jul-1989 | |||||||||
Goods: | 06 Int. | welding wires; electrodes | ||||||||||||
STELLITE + STAR DESIGN |
TDSD8202 Germany |
ORD | Registered 06 Int., 07 Int. |
N/A 01-Apr-1993 |
2070158 01-Apr-1993 | |||||||||
Goods: | 06 Int. | metal alloys | ||||||||||||
07 Int. | plasma transfer arc machine, namely, a welding machine made up of a control panel, powder feeder, argon gas inlet and torch | |||||||||||||
STELLITE + STAR DESIGN |
TDSD8051 Italy |
ORD | Registered 06 Int., 07 Int. |
MI2003C003581 15-Apr-1993 |
1037894 01-Feb-1996 | |||||||||
Goods: | 06 Int. | metal alloys | ||||||||||||
07 Int. | plasma transfer arc machines, namely a welding system made up of a control panel, powder feeder, argon gas inlet and torch | |||||||||||||
STELLITE + STAR DESIGN |
TDSD8193 Spain |
ORD | Registered 06 Int., 09 Int. |
N/A 13-Nov-1980 |
2982946 20-Nov-1981 | |||||||||
Goods: | 06 Int. | common metal alloys; semi-manufactured articles of common metal; hard facing welding rods; forged pieces; metalloceramic compounds, blades and cutters for pressing, turning and for machine tools, caps, tubes valves and washers | ||||||||||||
09 Int. | electrodes for electric welding | |||||||||||||
STELLITE + STAR DESIGN |
TDSD8186 United States of America |
ORD | Registered 06 Int. |
74/092,428 29-Aug-1990 |
1,652,889 06-Aug-1991 | |||||||||
Goods: | 06 Int. | metal alloys | ||||||||||||
STELLITE + STAR DESIGN |
TDSD8317 United States of America |
ORD | Registered 07 Int. |
74/142,134 22-Feb-1991 |
1,715,027 15-Sep-1992 | |||||||||
Goods: | 07 Int. | plasma transfer arc machine, namely, a welding system made up of a control panel, powder feeder, argon gas inlet and torch | ||||||||||||
STELLITE in Kaxxxxxx |
XXXX0000 Xapan |
ORD | Registered 06 Int. |
1304/1996 10-Jan-1996 |
4118844 27-Feb-1998 | |||||||||
Goods: | 06 Int. | irons and steels, and nonferrous metals and their alloys | ||||||||||||
T-400 |
TDSD8763.1 Canada |
ORD | Registered 000 Int. |
1245750 02-Feb-2005 |
658328 08-Feb-2006 |
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Thursday, December 1, 2011 | Trademark List by Trademark | Page 35 of 40 |
Trademark |
SP Matter No. Country |
SubCase Case Type |
Status Classes |
Application Number/Date |
Registration Number/Date | |||||||||
Goods: | 000 Int. | metal alloys for further manufacturing, namely, cobalt-based metal alloys; metal alloys in the form of metal welding rods, metal welding wire, metal alloy powders, metal alloy castings, alloys for use in the powder metallurgy industry, thermal spray metal powders, and plasma transferred arc welding metal powders | ||||||||||||
T-400 |
TDSD8763.2-FR | Registered | 852946 | 852946 | ||||||||||
France | IR | 006 Int. | 31-Jan-2005 | 31-Jan-2005 | ||||||||||
Goods: | 006 Int. | metal alloys for further manufacturing, namely, cobalt-based metal alloys; metal alloys in the form of metal welding rods, metal welding wire, metal alloy powders, metal alloy castings, alloys for use in the powder metallurgy industry, thermal spray metal powders, and plasma transferred arc welding metal powders | ||||||||||||
T-400 |
TDSD8763.2-DE | Registered | 852946 | 852946 | ||||||||||
Germany | IR | 006 Int. | 31-Jan-2005 | 31-Jan-2005 | ||||||||||
Goods: | 006 Int. | metal alloys for further manufacturing, namely, cobalt-based metal alloys; metal alloys in the form of metal welding rods, metal welding wire, metal alloy powders, metal alloy castings, alloys for use in the powder metallurgy industry, thermal spray metal powders, and plasma transferred arc welding metal powders | ||||||||||||
T-400 |
TDSD8763.2 | Registered | 852946 | |||||||||||
Int’l Registration - Madrid | ORD | 06 Int. | 31-Jan-2005 | |||||||||||
Agreement / Protocol |
||||||||||||||
Goods: | 06 Int. | metal alloys for further manufacturing, namely, cobalt-based metal alloys; metal alloys in the form of metal welding rods, metal welding wire, metal alloy powders, metal alloy castings, alloys for use in the powder metallurgy industry, thermal spray metal powders, and plasma transferred arc welding metal powders | ||||||||||||
T-400 |
TDSD8763.2-IT | Registered | 852946 | 852946 | ||||||||||
Italy | IR | 006 Int. | 31-Jan-2005 | 31-Jan-2005 | ||||||||||
Goods: | 006 Int. | metal alloys for further manufacturing, namely, cobalt-based metal alloys; metal alloys in the form of metal welding rods, metal welding wire, metal alloy powders, metal alloy castings, alloys for use in the powder metallurgy industry, thermal spray metal powders, and plasma transferred arc welding metal powders | ||||||||||||
T-400 |
TDSD8763.2-GB | Registered | 852946 | 852946 | ||||||||||
United Kingdom | MPR | 06 Int. | 31-Jan-2005 | 31-Jan-2005 | ||||||||||
Goods: | 06 Int. | metal alloys for further manufacturing, namely, cobalt-based metal alloys; metal alloys in the form of metal welding rods, metal welding wire, metal alloy powders, metal alloy castings, alloys for use in the powder metallurgy industry, thermal spray metal powders, and plasma transferred arc welding metal powders | ||||||||||||
T-400 |
TDSD8763 | Registered | 78/318,198 | 2,914,610 | ||||||||||
United States of America | ORD | 06 Int. | 24-Oct-2003 | 28-Dec-2004 | ||||||||||
Goods: | 06 Int. | metal alloys for further manufacturing, namely, cobalt-based metal alloys; metal alloys in the form of metal welding rods, metal welding wire, metal alloy powders, metal alloy castings, alloys for use in the powder metallurgy industry, thermal spray metal powders, and plasma transferred arc welding metal powders | ||||||||||||
T-400 watch |
TDSD8860 | Proposed | ||||||||||||
United States of America | ORD | 06 Int. |
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Thursday, December 1, 2011 | Trademark List by Trademark | Page 36 of 40 |
Trademark |
SP Matter No. Country |
SubCase Case Type |
Status Classes |
Application Number/Date |
Registration Number/Date | |||||||||
Goods: | 06 Int. | metal alloys for further manufacturing, namely, cobalt-based metal alloys; metal alloys in the form of metal welding rods, metal welding wire, metal alloy powders, metal alloy castings, alloys for use in the powder metallurgy industry, thermal spray metal powders, and plasma transferred arc welding metal powders | ||||||||||||
T-800 |
TDSD8415 |
Registered | 74/142,126 | 1,683,584 | ||||||||||
United States of America | ORD | 06 Int. | 22-Feb-1991 | 21-Apr-1992 | ||||||||||
Goods: | 06 Int. | metal alloys; namely, welding rods, welding wire, and thermal spray metal powders | ||||||||||||
TRIBALOY |
TDSD8000 | Registered | 2668356 | 2427260 | ||||||||||
Argentina | ORD | 06 Int. | 06-Jun-1974 | 15-Oct-1974 | ||||||||||
Goods: | 06 Int. | intermetallic alloy compositions in cast or powder form | ||||||||||||
TRIBALOY |
TDSD8339 | Registered | 279053 | 279053 | ||||||||||
Australia | ORD | 06 Int. | 05-Jun-1974 | 05-Jun-1974 | ||||||||||
Goods: | 06 Int. | intermetallic alloy compositions in cast and powder form | ||||||||||||
TRIBALOY |
TDSD8326 | Registered | N/A | 00000 | ||||||||||
Xxxxxxx | ORD | 06 Int. | 06-Aug-1974 | 06-Aug-1974 | ||||||||||
Goods: | 06 Int. | intermetallic alloy compositions in cast and powder form | ||||||||||||
TRIBALOY |
TDSD8332 | Registered | N/A | 313108 | ||||||||||
Benelux | ORD | 06 Int. | 26-Sep-1972 | 26-Sep-1972 | ||||||||||
Goods: | 06 Int. | unwrought and partly wrought common metals and their alloys | ||||||||||||
TRIBALOY |
TDSD8342 | Registered | 10414/74 | 007042736 | ||||||||||
Brazil | ORD | 06 Int. | 11-Jun-1974 | 25-Dec-1979 | ||||||||||
Goods: | 06 Int. | [local class 6.20] intermetallic alloy compositions in cast and powder form | ||||||||||||
TRIBALOY |
TDSD8330 | Registered | 359027 | 201150 | ||||||||||
Canada | ORD | 000 Int. | 23-Nov-1972 | 16-Aug-1974 | ||||||||||
Goods: | 000 Int. | intermetallic alloy compositions in cast and powder form for use in the manufacture of bearings, cams, seals and the like | ||||||||||||
TRIBALOY |
TDSD8810 | Registered | 5723906 | 5723906 | ||||||||||
China (People’s Republic) | ORD | 06 Int. | 15-Nov-2006 | 14-Aug-2009 | ||||||||||
Goods: | 06 Int. | metal alloys, welding rods, metal powders; alloy compositions in cast, extruded, and powder form; alloy rods for deposition of metal onto industrial components; alloy wires for deposition of metal onto industrial components; alloy powders for deposition of metal onto industrial components; alloy powders for thermal spray deposition of metal onto industrial components; metal guide bushings; finished and semi-finished metal valve parts, namely metal valve spindles, metal valve cones, metal valve rings, metal valve seats, metal valve nozzles, metal valve plungers | ||||||||||||
TRIBALOY |
TDSD8329 | Registered | 47979 | 162216 | ||||||||||
Czech Republic | ORD | 06 Int. | 21-Jun-1974 | 11-Feb-1975 |
-107-
Thursday, December 1, 2011 | Trademark List by Trademark | Page 37 of 40 |
Trademark |
SP Matter No. Country |
SubCase Case Type |
Status Classes |
Application |
Registration | |||||||||
Goods: | 06 Int. | intermetallic alloy compositions in cast and powder form for use in the manufacture of bearings, cams, seals, and the like | ||||||||||||
TRIBALOY |
TDSD8038 | Registered | N/A | VR 1975 03464 | ||||||||||
Denmark | ORD | 06 Int. | 29-Aug-1975 | 29-Aug-1975 | ||||||||||
Goods: | 06 Int. | intermetallic alloy compositions in cast and powder form | ||||||||||||
TRIBALOY |
TDSD8343 | Registered | 173,486 | 0000000 | ||||||||||
Xxxxxx | ORD | 06 Int. | 15-May-1974 | 15-May-1974 | ||||||||||
Goods: | 06 Int. | unwrought and partly wrought common metals and their alloys | ||||||||||||
TRIBALOY |
TDSD8334 | Registered | N/A | DD640439 | ||||||||||
Germany | ORD | 06 Int. | 13-Jun-1974 | 13-Jun-1974 | ||||||||||
Goods: | 06 Int. | intermetallic alloy compositions in cast and powder form for use in the manufacture of bearings, cams, seals, and the like | ||||||||||||
TRIBALOY |
TDSD8341 | Registered | N/A | W912123 | ||||||||||
Germany | ORD | 06 Int. | 25-Sep-1972 | 25-Sep-1972 | ||||||||||
Goods: | 06 Int. | unwrought and partly wrought common metals and their alloys | ||||||||||||
TRIBALOY |
TDSD8039 | Registered | 2253/773 | 117081 | ||||||||||
Hungary | ORD | 06 Int. | 05-Jun-1974 | 05-Jun-1974 | ||||||||||
Goods: | 06 Int. | intermetallic composites of alloys in the form of casting or powder | ||||||||||||
TRIBALOY |
TDSD8040 | Registered | N/A | 299815 | ||||||||||
India | ORD | 06 Int. | 07-Oct-1974 | 07-Oct-1974 | ||||||||||
Goods: | 06 Int. | intermetallic alloy compositions in cast and powder form included in Class 6 | ||||||||||||
TRIBALOY |
TDSD8041 | Registered | N/A | 84134 | ||||||||||
Ireland | ORD | 06 Int. | 04-Jun-1974 | 04-Jun-1974 | ||||||||||
Goods: | 06 Int. | intermetallic alloy compositions in cast and powder form | ||||||||||||
TRIBALOY |
TDSD8324 | Registered | 39292 | 00000 | ||||||||||
Xxxxxx | ORD | 06 Int. | 03-Jun-1974 | 03-Jun-1974 | ||||||||||
Goods: | 06 Int. | intermetallic alloy compositions included in Class 6 in cast and powder form | ||||||||||||
TRIBALOY |
TDSD8331 | Registered | MI94C005718 | 000000 | ||||||||||
Xxxxx | ORD | 06 Int. | 28-Jun-1974 | 28-Jun-1974 | ||||||||||
Goods: | 06 Int. | intermetallic alloy compositions in cast and powder form | ||||||||||||
TRIBALOY |
TDSD8344 | Registered | 111476/87 | 0000000 | ||||||||||
Xxxxx | ORD | 06 Int. | 31-Jul-1989 | 31-Jul-1989 | ||||||||||
Goods: | 06 Int. | irons and steels; semi-processed steels; rolled steel; iron and steels secondary products; aluminum and alloy thereof, other nonferrous metals and their alloys |
-108-
Thursday, December 1, 2011 | Trademark List by Trademark | Page 38 of 40 |
Trademark |
SP Matter No. Country |
SubCase Case Type |
Status Classes |
Application |
Registration | |||||||||
TRIBALOY | TDSD8327 Norway |
ORD | Registered 06 Int. |
118,987 04-Jun-1974 |
93453 10-Apr-1975 | |||||||||
Goods: | 06 Int. | intermetallic alloy compositions in cast and powder form | ||||||||||||
TRIBALOY | TDSD8325 Russian Federation |
ORD | Registered 06 Int. |
68802 13-Jun-1974 |
51497 18-Dec-1974 | |||||||||
Goods: | 06 Int. | intermetallic alloy compositions in cast and powder form | ||||||||||||
TRIBALOY | TDSD8042 Slovakia |
ORD | Registered 06 Int. |
47979-74 21-Jun-1974 |
162216 11-Feb-1975 | |||||||||
Goods: | 06 Int. | intermetallic alloy compositions in the form of casts and powders for use in making bearings, cams, gaskets and the like | ||||||||||||
TRIBALOY | TDSD8345 South Africa |
ORD | Registered 06 Int. |
2799 04-Jun-1974 |
74/2799 04-Jun-1974 | |||||||||
Goods: | 06 Int. | unwrought and partly wrought-common metals and their alloys including intermetallic alloy compositions in cast and powder form | ||||||||||||
TRIBALOY | TDSD8335 Spain |
ORD | Registered 06 Int. |
755955 07-Jun-1974 |
755955 06-Jun-1977 | |||||||||
Goods: | 06 Int. | intermetallic alloy compositions in cast and powder form | ||||||||||||
TRIBALOY | TDSD8328 Sweden |
ORD | Registered 06 Int. |
N/A 17-Jan-1975 |
150017 17-Jan-1975 | |||||||||
Goods: | 06 Int. | intermetallic alloy compositions in cast and powder form | ||||||||||||
TRIBALOY | TDSD8333 Switzerland |
ORD | Registered 06 Int. |
N/A 26-Sep-1972 |
402667 26-Sep-1972 | |||||||||
Goods: | 06 Int. | unwrought and partly wrought common metals and their alloys | ||||||||||||
TRIBALOY | TDSD8644 Taiwan |
ORD | Registered 06 Int. |
86033341 01-Jul-1997 |
816429 16-Sep-1998 | |||||||||
Goods: | 06 Int. | metal alloys, welding rods, metal powders and semi-finished products made of metal | ||||||||||||
TRIBALOY | TDSD8645 Taiwan |
ORD | Registered 09 Int. |
86033343 01-Jul-1997 |
807438 01-Jul-1998 | |||||||||
Goods: | 09 Int. | welding electrodes | ||||||||||||
TRIBALOY | TDSD8338 United Kingdom |
ORD | Registered 06 Int. |
N/A 25-Sep-1972 |
998938 25-Sep-1972 | |||||||||
Goods: | 06 Int. | unwrought and partly wrought alloys of common metal | ||||||||||||
TRIBALOY | TDSD8337 United States of America |
ORD | Registered 06 Int. |
72/437,321 02-Oct-1972 |
0,979,267 26-Feb-1974 |
-109-
Thursday, December 1, 2011 | Trademark List by Trademark | Page 39 of 40 |
Trademark |
SP Matter No. Country |
SubCase Case Type |
Status Classes |
Application |
Registration | |||||||||
Goods: | 06 Int. | intermetallic alloy compositions in cast and powder form for use in the manufacture of bearings, cams, seals, and the like | ||||||||||||
TRIBALOY watch | TDSD8859 United States of America |
ORD |
Proposed 06 Int. |
|||||||||||
Goods: | 06 Int. | intermetallic alloy compositions in cast and powder form for use in the manufacture of bearings, cams, seals, and the like; metal alloys, metal powders, welding rods | ||||||||||||
TRISTELLE | TDSD8662 Canada |
ORD |
Registered 000 Int. |
840,992 02-Apr-1997 |
488741 30-Jan-1998 | |||||||||
Goods: | 000 Int. | non-precious metal alloys in the form of powders, bars, wire, or rods for use in industry; non-precious metal casting alloys for use in industry; non-precious metal alloy castings for use in industry | ||||||||||||
TRISTELLE | TDSD8346 Germany |
ORD |
Registered 01 Int., 06 Int., 09 Int. |
D51,234/6WZ 30-Jun-1992 |
2044799 14-Sep-1993 | |||||||||
Goods: | 01 Int. | metal alloys, castings, powder metal parts, wrought products, thermal spray powders, welding powders, welding rods, welding wires, welding electrodes used to hard fact or fabricate components used in various equipment applications | ||||||||||||
06 Int. | [see above] | |||||||||||||
09 Int. | [see above] | |||||||||||||
TRISTELLE | XXXX0000 Xxxxxx |
ORD |
Registered 06 Int. |
290460 20-Mar-1997 |
570529 25-Feb-1998 | |||||||||
Goods: | 06 Int. | metal alloys, welding rods, metal powders and castings | ||||||||||||
TRISTELLE | TDSD8053 United States of America |
ORD |
Registered 06 Int. |
74/636,785 21-Feb-1995 |
1,989,678 30-Jul-1996 | |||||||||
Goods: | 06 Int. | non-precious metal alloys in the form of powders, bars, wire, or rods for use in industry; non-precious metal casting alloys for use in industry | ||||||||||||
VINERTIA | TDSD8349 Germany |
ORD |
Registered 06 Int., 10 Int. |
D25905 11-Aug-1971 |
W916676 11-Aug-1991 | |||||||||
Goods: | 06 Int. | semi-wrought common metals and their alloys, in particular sintered hard carbide; unwrought and semi-wrought cast parts of metal or alloys; metal parts having surface coatings of hard metal or sintered hard carbide, in particular with surface coatings produced on the basis of chromium, cobalt, tungsten and molybdenum; sintered hard carbide parts; rods of metal for brazing and welding and soldering wire of metal, rings of metal, in particular such rings having surfaces of hard metal; metals and hard metals in powder form, except metals in powder form for painting and decoration purposes; all afore-mentioned goods as semi-finished products | ||||||||||||
10 Int. | surgical instruments (also for hip surgery), in particular surgical scissors, pliers, knives and scalpels; dental instruments; veterinary instruments; artificial limbs, in particular surgical implants; artificial joints for the human or animal body, in particular artificial limbs for the head of the femur, artificial limbs for the hip, artificial limbs for knee joints and elbow joints |
-110-
Thursday, December 1, 2011 | Report Selection | Page 40 of 40 |
Record Count: 281 |
Sort Order: by Trademark | Report Format: Concise | Print Goods?: | Yes | |||||||||||
Print Remarks?: | No | |||||||||||||
Print Images/Links?: | No | |||||||||||||
Print Designated Countries?: | No | |||||||||||||
Filing Date: | From: | To: | ||||||||||||
SP Matter No.: | Status Code: | Active | ||||||||||||
Trademark: | Case Type(s): | Status(es): | ||||||||||||
Client: | tdsd | |||||||||||||
Agent: | ||||||||||||||
Attorney: | ||||||||||||||
Owner: | ||||||||||||||
Country: | ||||||||||||||
Area: | ||||||||||||||
Keyword: |
-111-
SCHEDULE 7
Warrantors’ Enquiries
CORPORATE
Xxxxxx Xxxxxx
Xxxx Xxxxxxx
Xxx Xxxxx
Xxxxxx de Wet
Xxxx Xxxxxx
BELLEVILLE
Joe Overton
Ozzie Bell
Jason Price
Wayne Holden
Geoff Osborne
Lori Palmateer
Don Williams
Matthew Yao
MATERIALS
Brad Belcher
Shelby Hacala
Joe Rowan
Joe Hirsher
Chad Pickle
Margo Swingley
Samuel Basily
ITALY
Fabio Besana
Mauro Bianchi
Scott Tebbutt
Cristiano Bernini
-112-
Keir Lane
KOBLENZ
Michael Ruenz
Hubert Bick
Dirk Hofmann
Jürgen Kuffner
Markus Ohlemacher
Andreas Vieweg
Peter Ribehn
SHANGHAI
Song Ling
Yan Guotao
Shan Jianguo
Li Zhenyang
Tang Zhenwen
Ouyang Yi
Zhang Changhong
Chen Gang
-113-
SCHEDULE 8
Key Employees
Name |
Location | Position |
Date of Appointment |
Annual Salary |
Maximum Bonus |
|||||||||
CORPORATE |
| |||||||||||||
Andrew Caffyn |
UK | CEO | Mar-10 | 282,000 | £ | 100 | % | |||||||
Neil Fleming |
UK | CFO | Jan-04 | 212,000 | £ | 100 | % | |||||||
Tim Allen |
UK | Operations Director | Aug-03 | 164,000 | £ | 100 | % | |||||||
Daniel de Wet |
Belleville | Tech & Bus. Dev. Mgr | Jan-01 | 183,500 | CAN$ | 100 | % | |||||||
Paul Tadman |
London | Group Controller | Aug-04 | 65,000 | £ | 0 | % | |||||||
BELLEVILLE |
||||||||||||||
Joe Overton |
Belleville | MD | Oct-84 | 189,400 | CAN$ | 100 | % | |||||||
Ozzie Bell |
Belleville | Business Dev. Mgr | Sep-85 | 119,667 | CAN$ | 100 | % | |||||||
Jason Price |
Belleville | Dir. Finance/Admin | Sep-02 | 145,235 | CAN$ | 100 | % | |||||||
Wayne Holden |
Belleville | Director, S&Mktg | Jun-04 | 170,000 | CAN$ | 100 | % | |||||||
Geoff Osborne |
Belleville | Mgr Customer Service | Dec-00 | 98,433 | CAN$ | 100 | % | |||||||
Lori Palmateer |
Belleville | Quality Manager | Apr-90 | 84,270 | CAN$ | 100 | % | |||||||
Don Williams |
Belleville | Director, Operations | Jun-01 | 173,650 | CAN$ | 100 | % | |||||||
Matthew Yao |
Belleville | R&D Manager | Jul-00 | 118,326 | CAN$ | 100 | % | |||||||
MATERIALS |
||||||||||||||
Brad Belcher |
Goshen | Manuf Manager | Jan-07 | 146,581 | USD | 100 | % | |||||||
Shelby Hacala |
Montreal | Manager - Americas | Nov-85 | 125,000 | USD | 100 | % | |||||||
Joe Rowan |
Goshen | Controller | Sep-11 | 125,000 | USD | 100 | % | |||||||
Joe Hirsher |
Goshen | Sales Manager - NA | May-11 | 120,000 | USD | 100 | % | |||||||
Chad Pickle |
Goshen | Purchasing Manager | Jul-07 | 91,058 | USD | 100 | % | |||||||
Margo Swingley |
Goshen | Sales Manager | Mar-00 | 95,644 | USD | 100 | % | |||||||
Samuel Basily |
UK | Sales Manager - Europe | Sep-09 | 80,000 | € | 100 | % | |||||||
ITALY |
||||||||||||||
Fabio Besana |
Milan | Ops Mgr | Apr-04 | 114,000 | € | 60 | % | |||||||
Mauro Bianchi |
Milan | GM | Sep-11 | 150,500 | € | 60 | % | |||||||
Scott Tebbutt |
Milan | Ops Director | Apr-11 | 120,000 | € | 60 | % | |||||||
Cristiano Bernini |
Milan | Controller | Jan-11 | 117,500 | € | 60 | % | |||||||
Keir Lane |
Milan | Technical Director | Sep-11 | 110,000 | € | 60 | % |
-114-
Name |
Location | Position |
Date of Appointment |
Annual Salary |
Maximum Bonus |
|||||||||||||||
KOBLENZ |
| |||||||||||||||||||
Michael Ruenz |
Koblenz | MD | Sep-95 | 208,000 | € | 100 | % | |||||||||||||
Hubert Bick |
Koblenz | Equipment Business Manager | Mar-85 | 131,167 | € | 60 | % | |||||||||||||
Dirk Hofmann |
Koblenz | Quality Manager | Jul-93 | 106,294 | € | 60 | % | |||||||||||||
Jürgen Kuffner |
Koblenz | Director Subsidiaries | Jan-92 | 129,896 | € | 60 | % | |||||||||||||
Markus Ohlemacher |
Koblenz | FD | Dec-07 | 119,025 | € | 60 | % | |||||||||||||
Andreas Vieweg |
Koblenz | Ops Director | Oct-09 | 136,637 | € | 60 | % | |||||||||||||
Peter Ribehn |
Koblenz | Sales Director | Jan-11 | 102,025 | € | 60 | % | |||||||||||||
SHANGHAI |
||||||||||||||||||||
Song Ling |
Shanghai | MD | Dec. 2001 | 1,050,000 | RMB | 100 | % | |||||||||||||
Yan Guotao |
Shanghai | Sales Director | May , 2002 | 240,000 | RMB | 0 | % | |||||||||||||
Shan Jianguo |
Shanghai | FD | Jan. 2002 | 240,000 | RMB | 0 | % | |||||||||||||
Li Zhenyang |
Shanghai | Deputy Sales Director | Feb, 2006 | 240,000 | RMB | 0 | % | |||||||||||||
Tang Zhenwen |
Shanghai | Operations Director | April,2002 | 240,000 | RMB | 0 | % | |||||||||||||
Ouyang Yi |
Shanghai | Deputy Operations Director | April,2006 | 240,000 | RMB | 0 | % | |||||||||||||
Zhang Changhong |
Shanghai | Human Resource Manager | Dec. 2009 | 240,000 | RMB | 0 | % | |||||||||||||
Chen Gang |
Shanghai | Executive Secretary of JV Board | Dec, 2009 | 180,000 | RMB | 0 | % |
-115-
SCHEDULE 9
Security Documents
Doc |
Document |
Date |
Parties | |||
1 | English Law Debenture | 9 February 2006 | Jarway Limited (now Deloro Stellite Holdings 1 Limited)
Jartail Limited (now Deloro Stellite Holdings 2 Limited)
Jarspring Limited (now Deloro Stellite Holdings 3 Limited)
Deloro Stellite Group Limited (acceded 04/04/06)
DS (UK) Limited (acceded 04/04/06)
Deloro Stellite Limited (acceded 04/04/06)
Deloro Acquisition Limited L.P. (acceded 04/04/06)
The Royal Bank of Scotland plc | |||
2 | English Law governed Share Charge over the shares in Deloro Stellite Group Limited | 4 April 2006 | Jarspring Limited (now Deloro Stellite Holdings 3 Limited)
The Royal Bank of Scotland plc | |||
3 | English Law governed Share Charge over the shares in Deloro Stellite UK Limited | 4 April 2006 | Deloro Stellite L.P.
The Royal Bank of Scotland plc | |||
4 | Debenture registered 02/10/2006 | 15 September 2006 | Deloro Stellite Holdings 1 Limited
Deloro Stellite Holdings 2 Limited
Deloro Stellite Group Limited
DS UK Limited
Deloro Stellite
The Royal Bank of Scotland plc | |||
5 | Supplemental deed registered 05/06/2008 | 23 May 2008 | Deloro Stellite Holdings 1 Limited
Deloro Stellite Holdings 2 Limited
Deloro Stellite Holdings 3 Limited
Deloro Stellite Group Limited
DS UK Limited
Deloro Stellite
The Royal Bank of Scotland plc |
-116-
Doc |
Document |
Date |
Parties | |||
6 | Mortgage over securities registered 19/04/2006 | Deloro Stellite Holdings 3 Limited
The Royal Bank of Scotland plc (as agent and security trustee for the finance parties) | ||||
7 | Guarantee and debenture registered 03/10/1997 | Deloro Stellite Group Limited
Deloro Stellite
National Westminster Bank Plc | ||||
8 | Charge over account registered 17/04/2002 | Deloro Stellite Group Limited
National Westminster Bank Plc | ||||
9 | Debenture registered 23/12/2006 | Deloro Stellite Group Limited
National Westminster Bank Plc | ||||
10 | Pledge agreement registered 23/12/2006 | Deloro Stellite Group Limited
National Westminster Bank Plc | ||||
11 | Debenture registered 28/07/2005 | Deloro Stellite Group Limited
The Royal Bank of Scotland Plc | ||||
12 | Guarantee and debenture registered 03/06/1993 | DS UK Limited
National Westminster Bank Plc | ||||
13 | Debenture registered 23/12/2003 | DS UK Limited
Deloro Stellite
National Westminster Bank Plc | ||||
14 | New York Law governed Security Agreement | 4 April 2006 | Deloro Holdings, Inc
DSGP LLC
DS Holdings USA, Inc
Deloro Stellite Holdings Corporation
Deloro Stellite L.P., by DSGP, LLC
The Royal Bank of Scotland plc | |||
15 | New York Law governed Collateral Bank Agreement | 4 April 2006 | Deloro Holdings, Inc
Deloro GP LLC
DSGP, LLC
DS Holdings USA, Inc
Deloro Stellite Holdings Corporation
Deloro Stellite L.P, by DSGP, LLC
The Royal Bank of Scotland plc |
-117-
Doc |
Document |
Date |
Parties | |||
16 | New York Law governed Share Pledge over the shares in Deloro Holdings, Inc | 4 April 2006 | Jarspring Limited (now Deloro Stellite Holdings 3 Limited)
The Royal Bank of Scotland plc | |||
17 | New York Law governed Share Pledge over the shares in Deloro GP LLC | 4 April 2006 | Deloro Holdings, Inc
The Royal Bank of Scotland plc | |||
18 | New York Law governed Share Pledge over the limited partnership interests in Deloro Stellite L.P. | 4 April 2006 | Deloro Stellite Holdings Corporation
DSGP, LLC
The Royal Bank of Scotland plc | |||
19 | New York Law governed Share Pledge over the shares in Deloro GP LLC. | 4 April 2006 | Deloro Stellite Holdings Inc
The Royal Bank of Scotland plc | |||
20 | New York Law governed Share Pledge over all the shares in DS Holdings (USA), Inc | 4 April 2006 | Deloro Stellite Group Limited
The Royal Bank of Scotland plc | |||
21 | New York Law governed Share Pledge over all the shares in Deloro Stellite Holdings Corporation | 4 April 2006 | DS Holdings (USA) Inc.
The Royal Bank of Scotland plc | |||
22 | Canadian Law governed Share Pledge over all the shares in Deloro Stellite Inc | 4 April 2006 | Deloro Stellite L.P. by its general partner DSGP, LLC
The Royal Bank of Scotland plc | |||
23 | Canadian Law governed Share Pledge over all the non-voting preference shares in Deloro Stellite Inc | 4 April 2006 | Deloro Holding Corporation
The Royal Bank of Scotland plc | |||
24 | Canadian Law governed Security Agreement | 4 April 2006 | Deloro Stellite Inc
The Royal Bank of Scotland plc | |||
25 | German Law governed receivables assignment | March 2006 | Deloro Stellite Holding GmbH & Co. KG.
DS Verwaltungsgesellschaft mbH
Deloro Stellite GmbH
The Royal Bank of Scotland | |||
26 | German Law governed Share Pledge over all the shares in DS Verwaltungsgesellschaft GmbH and Deloro Stellite Holding GmbH & Co. KG. | 4 April 2006 | Deloro Stellite Holdings Corporation
The Royal Bank Scotland plc |
-118-
Doc |
Document |
Date |
Parties | |||
27 | German Law governed Share Pledge over all the shares in Deloro Stellite GmbH | 4 April 2006 | Deloro Stellite Holding GmbH & Co. KG.
The Royal Bank Scotland plc | |||
28 | German Law governed Account Pledges over each of the following companies: | 4 April 2006 | DS Verwaltungsgesellschaft mbH
Deloro Stellite Holding GmbH & Co. KG.
Hettiger Stellite GmbH
Deloro Stellite GmbH
Hettiger Stellite GmbH
The Royal Bank of Scotland | |||
29 | German Law governed Security of Land Charges | 4 April 2006 | Deloro Stellite GmbH
The Royal Bank of Scotland | |||
30 | German Law governed Security Transfer Agreement | 4 April 2006 | Deloro Stellite GmbH
The Royal Bank of Scotland | |||
31 | German Law governed Security Transfer Agreement | 4 April 2006 | Hettiger Stellite GmbH
The Royal Bank of Scotland | |||
32 | German Law governed Security Transfer Agreement | 4 April 2006 | Koblenz
The Royal Bank of Scotland | |||
33 | German law governed Share Pledge over all the shares in Hettiger Stellite GmbH | 4 April 2006 | Deloro Stellite Holding GmbH & Co. KG.
The Royal Bank of Scotland | |||
34 | Italian Law governed Share Pledge over all the shares in Microfusione Stellite SpA | 31 March 2006 | Deloro Stellite Inc
The Royal Bank of Scotland | |||
35 | German law governed Security Assignment Agreement for receivables | March 2006 | Hettiger Stellite GmbH
The Royal Bank of Scotland | |||
36 | New York Law governed Share Pledge over the shares in DSGP LLC | 4 April 2006 | Deloro Stellite Holdings Corporation
The Royal Bank of Scotland | |||
37 | German law declaration of assignment in relation to book charge rights of Deloro Stellite GmbH | 22 August 2006 | Deloro Stellite GmbH
The Royal Bank of Scotland |
-119-
Doc |
Document |
Date |
Parties | |||
38 | German law governed Security Assignment Agreement for receivables | 4 April 2006 | Deloro Stellite GmbH
The Royal Bank Scotland | |||
39 | German law governed Security Assignment Agreement for receivables | 4 April 2006 | Deloro Stellite Holding GmbH & Co. KG
The Royal Bank of Scotland | |||
40 | German law governed Security Assignment Agreement for receivables | 4 April 2006 | DS Verwaltungsgesellschaft mbH
The Royal Bank of Scotland |
-120-
SCHEDULE 10
Part 1: Top 10 Suppliers
1 | Glencore |
2 | Shanghai Shenxin EDC |
3 | PM Recovery |
4 | Haynes International |
5 | Ross + Catherall |
6 | Ametek International |
7 | Haimen Jinxi Welding |
8 | Firth Rixon |
9 | Global Tungstens Corp |
10 | Cannon – Muskegon |
Part 2: Top 10 Customers
1 | Alstom |
2 | GE |
3 | CTT |
4 | Schlumberger |
5 | Mapna |
6 | Siemens |
7 | Mahle Ventiltrieb GmbH |
8 | Praxair Surface Tech Inc |
9 | Ansaldo Energia |
10 | Sanko Bussan Japan |
-121-
ANNEX 1
Locked Box Accounts
-122-
SIGNATURES
Signed by |
/s/ Timothy Dobson Allen |
TIMOTHY DOBSON ALLEN |
Signed by |
/s/ Andrew David Caffyn |
ANDREW DAVID CAFFYN |
Signed by |
/s/ Daniel De Wet |
DANIEL DE WET |
Signed by |
/s/ John Neil Fleming |
JOHN NEIL FLEMING |
Signed by |
/s/ Song Ling |
SONG LING |
-123-
Signed by |
/s/ Joseph Overton |
JOSEPH OVERTON |
Signed by |
/s/ Michael Ruenz |
MICHAEL RUENZ |
Signed by |
/s/ John R. Tucker |
for and on behalf of KENNAMETAL INC |
-124-