CONTENTS
[Certain confidential information in Exhibit 10.111 was omitted EXHIBIT
and filed separately with the Securities and Exchange Commission 10.111
("SEC") with a request for confidential treatment by Inter
Parfums, Inc.]
Licence Agreement
between
Burberry Limited
as Burberry
Inter Parfums, S.A.
as Licensee
and
Inter Parfums, Inc.
as Guarantor
relating to
the development, production, manufacture, marketing, distribution and sale of
certain products
CONTENTS
1. INTERPRETATION.......................................................3
2. GRANT OF LICENCE....................................................15
3. TERM AND TERMINATION OF THE ORIGINAL LICENCE AGREEMENT..............17
4. APPROVAL OF LICENSED PRODUCTS.......................................18
5. RETAILERS AND DISTRIBUTORS..........................................19
6. LIST PRICES AND RECOMMENDED RETAIL PRICE............................22
7. APPROVALS...........................................................23
8. BUSINESS PLAN.......................................................23
9. CERTAIN ADDITIONAL OBLIGATIONS OF THE LICENSEE......................24
10. LICENCE FEES........................................................34
11. REPORTING AND ACCOUNTING............................................39
12. DEFECTIVE STOCK.....................................................42
13. PRODUCT RECALL......................................................42
14. SUPPLY OF LICENSED PRODUCTS TO BURBERRY AND ITS GROUP...............43
15. ADVERTISING AND MARKETING...........................................44
16. WARRANTIES AND COMPLIANCE...........................................49
17. INTELLECTUAL PROPERTY...............................................50
18. CHANGE IN CONTROL/MANAGEMENT AND COMPETITORS........................55
19. APPROVED CONTRACTORS................................................55
20. TERMINATION.........................................................58
21. CONSEQUENCES OF TERMINATION.........................................61
22. SELL-OFF PERIOD.....................................................64
23. GUARANTEE...........................................................65
24. BUSINESS ETHICS AND ENVIRONMENTAL POLICY............................67
25. REMEDIES............................................................68
26. CONFIDENTIALITY.....................................................68
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27. RELATIONSHIP BETWEEN THE PARTIES....................................70
28. NOTICES.............................................................71
29. ENTIRE AGREEMENT....................................................71
30. SEVERABILITY........................................................72
31. NO WAIVER...........................................................72
32. NO BROKERAGE FEE....................................................72
33. COUNTERPARTS........................................................72
34. NO ASSIGNMENT.......................................................73
35. GOVERNING LAW AND JURISDICTION......................................73
36. CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999........................74
APPENDIX A: INFORMATION......................................................75
APPENDIX B: ASSIGNMENT.........................................................
APPENDIX C: APPROVED CONTRACTORS UNDERTAKING...................................
ANNEX TO APPENDIX C............................................................
APPENDIX D: QUESTIONNAIRE......................................................
APPENDIX E: CODE OF BUSINESS PRINCIPLES........................................
APPENDIX F: ENVIRONMENTAL AND SOCIAL RESPONSIBILITY............................
APPENDIX G: BANNED SUBSTANCES..................................................
SCHEDULE 1 : LICENSED TRADE MARKS............................................76
SCHEDULE 2 : LICENSED PRODUCTS...............................................77
SCHEDULE 3 : THE LVMH AGREEMENT..............................................79
SCHEDULE 4 : COMPETING BRANDS................................................90
SCHEDULE 5 : PRESIDENT OF BURBERRY FRAGRANCES................................91
SCHEDULE 6 : MINIMUM LICENCE FEE.............................................92
SCHEDULE 7 : THE DISTRIBUTORS................................................94
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THIS AGREEMENT is dated 12 October 2004 and made
BETWEEN:
(1) BURBERRY LIMITED, a company incorporated under the laws of England with
Number 162636 having its registered office at 00/00 Xxxxxxxxx, Xxxxxx
XX0X 0XX ("Burberry");
(2) INTER PARFUMS, S.A., a company incorporated under the laws of France,
having its principal office at 0, xxxx xxxxx xxx Xxxxxx Xxxxxxx, 00000
Xxxxx, Xxxxxx (the "Licensee"); and
(3) INTER PARFUMS, INC., a company incorporated under the laws of the State
of Delaware, USA, having its principal office at 000, Xxxxx Xxxxxx, Xxx
Xxxx, XXX (the "Guarantor").
WHEREAS:-
(A) Burberry wishes to appoint the Licensee as its exclusive
licensee for the development, production, manufacture,
marketing, distribution and sale of the licensed products
under and subject to the terms set out in this Agreement;
(B) The parties hereto entered into a licence agreement on 15 July
1993 as subsequently amended (the "Original Licence
Agreement") which the parties agree shall terminate
immediately prior to the Effective Date and it is the parties'
intention that this Agreement replaces the Original Licence
Agreement;
(C) Burberry requires the Guarantor to guarantee and assume joint
and several liability for the performance of the Licensee's
obligations under this Agreement and the Guarantor is willing
to do so.
IT IS HEREBY AGREED as follows:
1. INTERPRETATION
1.1 In this Agreement the following expressions shall have the following
meanings:
"ACTUAL NET WHOLESALE PRICE" means the total price at which Licensed
Products (excluding GWPs) are sold less any sales or similar taxes and
less any Discounts invoiced, or to be invoiced:
(A) by a Distributor to a Retailer, if the Distributor sells
directly to a Retailer; or
(B) by the Licensee or the Licensee's Subsidiaries to a Retailer,
if the Licensee or the Licensee's Subsidiaries sells directly
to a Retailer;
"ACTUAL NET WHOLESALE SALES" means the aggregate of the Actual Net
Wholesale Prices of Licensed Products (excluding GWPs) sold in the
relevant period and a sale shall be deemed to have taken place on the
date on which Licensed Products are delivered Ex-Factory by the
Licensee, a Subsidiary of the Licensee or a Distributor (as the case
may be) to a Retailer;
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"ADDITIONAL BRANDS" shall have the meaning given to that term in clause
9.24;
"ADVERTISING" means advertising space in newspapers, magazines,
television, radio and external billboards, excluding all other forms of
advertising including without limitation direct mail advertising,
display, point of sale and/or promotional materials and also excluding
Co-operative Advertising, and the terms "ADVERTISEMENTS", and
"ADVERTISE" shall be construed accordingly;
"AFFILIATES" means in respect of any company, any other company which
is (a) a Holding Company of such former company; (b) a Subsidiary of
such former company; or (c) under common control with such former
company, but for the purposes of clauses 5.14, 9.34, 9.36, 18.4, 19.5,
21.1(E), 21.1(F) and for the definition of Licensee's Group in clause
1.1 shall not, in respect of the Licensee and/or the Guarantor, include
LVMH Moet Xxxxxxxx Xxxxx Vuitton SA;
"ANNUAL ACCOUNT", "MONTHLY ACCOUNT", "QUARTERLY ACCOUNT", "FINAL
ACCOUNT" and shall have the respective meanings given to those
expressions in clause 11, and "ACCOUNT" shall mean any of the
foregoing;
"APPROVAL" means prior written approval, which shall not be
unreasonably withheld or delayed, given on behalf of Burberry by the
Authorised Business Representative or the Authorised Legal
Representative (as the case may be) or other person authorised in
writing by the Authorised Business Representative or the Authorised
Legal Representative respectively and the granting or withholding of
such approval, and/or any limitations, reservations or conditions
applicable thereto being at Burberry's sole discretion and "APPROVED"
means the object of any Approval or that Approval has been given (as
appropriate) and "Approve" means the verb of Approval or the action of
granting Approval;
"APPROVED CONTRACTOR" means any person, firm or company appointed as a
contractor to carry out work on behalf of the Licensee which is
Approved in accordance with clause 19 or which was approved in
accordance with the Original Licence Agreement prior to the Effective
Date;
"AUTHORISED BUSINESS REPRESENTATIVE" means the Chief Executive or
President of Burberry or any person appointed by the Chief Executive or
President of Burberry from time to time to fulfil such a function;
"AUTHORISED LEGAL REPRESENTATIVE" means the General Counsel of Burberry
or any person appointed by the General Counsel of Burberry from time to
time to fulfil such a function;
"BABY PRODUCTS" shall mean all Licensed Products which are baby
fragrance products, details of which are set out in paragraph D of
schedule 2;
"BASE INDEX" shall have the meaning given to that term in clause 10.9;
"BURBERRY AGENTS" means Burberry's agents and its employed sales force
from time to time authorised by Burberry to take orders for the
Licensed Products on behalf of the Licensee from Retailers;
"BURBERRY FRAGRANCES" means an operating or trading division of the
Licensee described in clause 9.38;
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"BURBERRY GROUP" means Burberry and its Affiliates from time to time;
"BURBERRY INTELLECTUAL PROPERTY" means:
(A) all trade marks and designs registered (or applied for) in the
name of Burberry anywhere in the world from time to time
including without limitation the Licensed Trade Marks and any
Varied Trade Names and New Trade Names which have been
registered;
(B) all other trading names, brand names and/or trade marks
(whether registered or not) which have been and/or which are
used and/or owned by Burberry from time to time in which
Burberry from time to time is entitled to claim any rights
including without limitation the Licensed Trade Marks, any
Varied Trade Names and any New Trade Names;
(C) all designs (whether registered or not) which have been and/or
which are used and/or owned by Burberry from time to time in
which it is entitled to claim any rights, including but not
limited to check designs in whatever size, in whatever colour,
in whatever pattern and in whatever material;
(D) any works in which copyright vests in Burberry from time to
time;
(E) all patents and patent applications in the name of Burberry
from time to time; and
(F) all other Intellectual Property Rights which are stated to
vest in Burberry in clause 17.
"BURBERRY ITEMS" means all and any Licensed Products, raw materials and
components for Licensed Products bearing any Burberry Intellectual
Property, and all and any stationery, advertising materials and other
materials of any kind which bear any Burberry Intellectual Property;
"BURBERRY REPRESENTATIVES" means representatives of Burberry including,
without limitation, an employee of any member of the Burberry Group and
any Burberry Agent;
"BURBERRY STORE" means any separate "Burberry" branded retail store
(including without limitation a retail concession) owned, operated, or
otherwise occupied by any member of the Burberry Group or operated by a
third party pursuant to any franchise or other right granted by any
member of the Burberry Group;
"BURBERRY WEBSITE" means any website, operated (directly or through a
third party) by any member of the Burberry Group, distributed via the
Internet, which relates to the sale of Burberry branded products;
"BUSINESS PLAN" means the business plan proposed for each Licensed Year
pursuant to clause 8, which term shall include the Marketing Plan;
"CHANGE OF CONTROL" means:
(A) in respect of the Licensee, when:
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(i) the Guarantor ceases to hold a percentage
shareholding equal to or greater than 25% of the
beneficial interest in the issued share capital in
the Licensee; or
(ii) any person or persons acting together acquire(s) a
percentage shareholding equal to or greater than 32%
of the beneficial interest in the issued share
capital in the Licensee; or
(iii) the Guarantor ceases to hold voting rights equal to
or greater than 25% of the voting rights in the
Licensee; or
(iv) any person or persons acting together acquire(s)
voting rights equal to or greater than 32% of the
voting rights in the Licensee; or
(v) any person or persons acting together acquire(s) a
percentage shareholding of the beneficial interest in
the issued share capital of the Licensee equal to or
greater than that of the Guarantor;or
(vi) any person or persons acting together acquire(s)
voting rights in the Licensee equal to or greater
than the voting rights in the Licensee held by the
Guarantor; or
(vii) there is a Change of Management Control;
(B) In respect of the Guarantor, when:
(i) Xxxxxxxx Xxxxxxx and Xxxx Xxxxx together cease to
hold a percentage shareholding equal to or greater
than 25% of the beneficial interest in the issued
share capital in the Guarantor; or
(ii) any person or persons acting together (other than
Xxxxxxxx Xxxxxxx and Xxxx Xxxxx) acquire(s) a
percentage shareholding greater than 32% of the
beneficial interest in the issued share capital in
the Guarantor; or
(iii) Xxxxxxxx Xxxxxxx and Xxxx Xxxxx together cease to
hold voting rights equal to or greater than 25% of
the voting rights in the Guarantor; or
(iv) any person or persons acting together (other than
Xxxxxxxx Xxxxxxx and Xxxx Xxxxx) acquire(s) voting
rights equal to or greater than 32% of the voting
rights in the Guarantor; or
(v) any person or persons acting together acquire(s) a
percentage shareholding of the beneficial interest in
the issued share capital of the Guarantor of more
than Xxxxxxxx Xxxxxxx and Xxxx Xxxxx; or
(vi) any person or persons acting together acquire(s)
voting rights in the Guarantor equal to or greater
than the voting rights in the Guarantor held by
Xxxxxxxx Xxxxxxx and Xxxx Xxxxx; or
(vii) there is a Change of Management Control;
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"CHANGE OF MANAGEMENT CONTROL" means
(A) in respect of the Licensee, when :
(i) the Guarantor ceases to hold Management Control of
the Licensee; or
(ii) any person or persons acting together (other than
Xxxxxxxx Xxxxxxx and Xxxx Xxxxx) subsequently
acquires Management Control of the Licensee; or
(iii) there is a Change of Control of the Guarantor,
pursuant to clause (B) below; or
(iv) either or both Xxxxxxxx Xxxxxxx or Xxxx Xxxxx cease
to be a director or both Xxxxxxxx Xxxxxxx and Xxxx
Xxxxx cease to be governing officers or both cease to
hold their current management positions of the
Licensee save that if due to:
(a) the death or permanent incapacity of; or
(b) serious breach of fiduciary duty or misconduct by,
Xxxxxxxx Xxxxxxx or Xxxx Xxxxx (but not both),
Xxxxxxxx Xxxxxxx or Xxxx Xxxxx (as the case may be)
ceases to be a director or other governing officer of
the Licensee, such event shall not constitute a change
of Management Control of the Licensee.
(B) in respect of the Guarantor, when:
(i) Xxxxxxxx Xxxxxxx and Xxxx Xxxxx cease to hold
Management Control of it; or
(ii) if any person or persons together (other than
Xxxxxxxx Xxxxxxx and Xxxx Xxxxx) acquire(s)
Management Control of the Guarantor; or
(iii) either or both of Xxxxxxxx Xxxxxxx or Xxxx Xxxxx
cease to be a director or both Xxxxxxxx Xxxxxxx and
Xxxx Xxxxx cease to be governing officers or both
cease to hold their current management positions of
the Guarantor save that if due to:
(a) the death or permanent incapacity of; or
(b) serious breach or fiduciary duty or misconduct by,
Xxxxxxxx Xxxxxxx or Xxxx Xxxxx (but not both),
Xxxxxxxx Xxxxxxx or Xxxx Xxxxx (as the case may be)
ceases to be a director or other governing officer of
the Guarantor such events shall not constitute a
change of Management Control of the Guarantor.
"COMPETING BRANDS" means the brands set out in schedule 4;
"COMPETITOR" means any person or any Affiliate thereof whose business
or any material part thereof consists of manufacturing or selling
products bearing Competing Brands;
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"CO-OPERATIVE ADVERTISING" means advertising of the Licensed Products
by the Licensee in magazines and store catalogues produced by or on
behalf of Retailers which is Approved;
"DEFECTIVE STOCK" means second quality, defective or damaged Licensed
Products;
"DIRECT PRODUCTION COSTS" means all direct production costs in respect
of Advertising, including but without limitation, costs of models
(including their expenses and respective agency fees photographs and
their usage rights, and;
"DISCOUNT" means any standard and customary discount (which for the
avoidance of doubt shall not include any discount for early or prompt
payment of any invoice) against List Price which a Retailer is allowed
in respect of a Licensed Product on all sales of Licensed Products save
that such discount by value of sales in the Territory (solely for the
purposes of calculating Licence Fees) shall not exceed
[------------------](1) of the List Price less any sales or similar
taxes at which the Licensed Products (excluding GWPS) are sold.
"DISTRIBUTORS" means distributors or Subsidiaries of the Licensee who
are appointed by the Licensee to sell Licensed Products to Retailers
and who are Approved pursuant to clause 5.1;
"EFFECTIVE DATE" means 1 July 2004;
"ENCUMBRANCE" shall mean any interest or equity of any person
(including, without limitation, any right to acquire, option or right
of pre-emption); any mortgage, charge, pledge, lien, assignment,
hypothecation, security interest (including any created by law), title
retention or other security agreement or arrangement; and any rental,
hire purchase, credit or conditional sale or other agreement for
payment on deferred terms;
"ENVIRONMENTAL AND SOCIAL POLICY" means Burberry's environmental and
social policy attached hereto at appendix F (as such policy may be
updated by Burberry from time to time, provided that the Licensee
receives advance notice from Burberry of such updating);
"ESTIMATED MAJOR MARKET SALES" means, in respect of:
(A) sales of Licensed Products by the Licensee whether to
Distributors or to Retailers in the Major Markets; and
(B) sales of Licensed Products by the Licensee to duty free
Retailers in the Territory,
the value of all such sales of Licensed Products calculated by
reference to the Licensee's best estimate of the relevant Actual Net
Wholesale Prices where such sale shall be deemed to have taken place
when the Licensed Product is delivered Ex-Factory to the Retailer or
Distributor as the case may be;
"ESTIMATED MONTHLY LICENCE FEE" means:
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(1) CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SEC WITH A
REQUEST FOR CONFIDENTIAL TREATMENT BY INTER PARFUMS, INC. NO. 10.111:1.
8
(A) [-----](2) of Estimated Major Market Sales in the relevant
Month; and
(B) [-----](3) of Estimated Other Markets Sales in the relevant
Month,
provided that if the Estimated Monthly Licence Fee is less than
one-twelfth of the Minimum Licence Fee applicable in the relevant
Licensed Year (the "Applicable Licence Fee"), the Estimated Monthly
Licence Fee shall be the Applicable Licence Fee;
"ESTIMATED OTHER MARKET SALES" means, in respect of sales of Licensed
Products by the Licensee whether to Distributors or to Retailers in the
Other Markets (other than sales of Licensed Products to duty free
Retailers in the Territory), the value of all such sales of Licensed
Products calculated by reference to the Licensee's best estimate of the
relevant Actual Net Wholesale Prices where such sale shall be deemed to
have taken place when the Licensed Product is delivered Ex-Factory to
the Retailer or Distributor as the case may be;
"EXCLUDED STORES" means:
(A) any Burberry Store;
(B) any Burberry Website; or
(C) any mail order operation of any member of the Burberry Group;
"EXCLUSIVITY" has the meaning given in clause 2.5 and "EXCLUSIVE" shall
be construed accordingly;
"EX-FACTORY" means ex-works as such term is defined by the Incoterms
2000;
"EX-FACTORY PRICE" means the price at which Licensed Products are sold
by the Licensee to Distributors (net of any sales taxes only) in the
currency in which the Licensee invoices Distributors;
"FACTORY" means any factories wholly owned and controlled by an
Approved Contractor or the Licensee and which has been Approved or may
be Approved from time to time or which were approved in accordance with
the Original Licence Agreement prior to the Effective Date;
"FORMULAE" means any and all of the formulae, lists of ingredients,
technical information, recipes, processes and instructions (held in
whatever form) reasonably necessary to enable the Licensed Products to
be manufactured from time to time;
"GWP" means products which are not Products:
(A) bearing Burberry Intellectual Property; and
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(2) CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SEC WITH A
REQUEST FOR CONFIDENTIAL TREATMENT BY INTER PARFUMS, INC. NO. 10.111:2.
(3) CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SEC WITH A
REQUEST FOR CONFIDENTIAL TREATMENT BY INTER PARFUMS, INC. NO. 10.111:3.
9
(B) which are in all respects of a type and specification which
have been specifically Approved for manufacture, supply and
sale under this Agreement; and
(C) which are intended to be given by Retailers to consumers upon
the purchase of a Licensed Product;
"HOLDING COMPANY" means, in respect of any company, any other company
of which such company is a Subsidiary;
"INDEX" means, in respect of any Month, the HICP (Harmonised Index for
Consumer Prices) European Index of Consumer Prices for the countries of
the European Union denominated in Euros, or any amended or successor
index which includes any additional European Union jurisdiction or
countries;
"INTELLECTUAL PROPERTY RIGHTS" means all patents, copyright, database
rights, design rights, trade marks, service marks, rights in trade
dress and rights of confidence in relation to any information or
know-how, in any case whether registered or unregistered, along with
any applications for registration thereof, and along with any rights
similar or analogous thereto in any part of the world;
"INTERNET" means the global data network comprising interconnected
networks using TCP/IP ("Transmission Control Protocol/Internet
Protocol");
"LARGE RETAILERS" means a list of no more than 50 Retailers to be
notified by Burberry to the Licensee from time to time, such list to be
reviewed annually by Burberry and for the avoidance of doubt, the term
"Retailer" includes (subject to clause 5.2) a Retailer which trades at
a number of retail outlets;
"LAUNCH PRODUCT" means a Licensed Product which is being marketed
and/or sold in any part of the Territory for the first time;
"LICENCE FEE" means the licence fee payable by the Licensee to Burberry
calculated in accordance with clause 10;
"LICENCE RIGHTS" means the rights granted to the Licensee under clauses
2.1 and 2.3;
"LICENSED PRODUCTS" means such products as are manufactured or to be
manufactured by the Licensee or by an Approved Contractor which:
(A) are Products which:
(1) feature the Licensed Trade Marks and such other of
the Burberry Intellectual Property as may be
Approved;
(2) are in all respects of a type and specification which
have been specifically Approved for manufacture,
supply and sale under this Agreement; and
(B) are Products which were approved in accordance with the
Original Licence Agreement prior to the Effective Date; and
(C) GWPs;
10
"LICENSED TRADE MARKS" means the trade marks of Burberry described in
schedule 1 (excluding any such trade marks as Burberry from time to
time notifies to the Licensee as being withdrawn therefrom by reason of
Burberry no longer intending to maintain the registration of such trade
marks in the Territory or any part thereof because in the sole opinion
of Burberry such registration is no longer necessary in the Territory)
and Varied Trade Names and New Trade Names but excludes, for the
avoidance of doubt, any other trade marks, graphic signs or symbols,
whether related to or comprising elements of such trade marks or
otherwise which are at any time acquired or used by Burberry or any
member of the Burberry Group;
"LICENSED YEAR" means each calendar year during the term of this
Agreement except that the first Licensed Year shall be the period from
and including the Effective Date up to and including 31 December 2004
and the last Licensed Year shall be the period from and including 1
January in the last Licensed Year up to and including the termination
date, and "LICENSED YEARLY" shall be construed accordingly;
"LICENSEE'S GROUP" means the Licensee and its Affiliates from time to
time;
"LIST PRICE" means the total price (net of any sales taxes) at which
Licensed Products are intended to be sold by the Licensee or
Distributors to Retailers which shall be:
(A) exclusive of any settlement discount or other discount,
allowance or rebate which the Licensee or any Distributor may
allow any particular Distributor or Retailer; and
(B) in the currency in which the Retailers are invoiced;
provided, however, if the maximum price which is charged by the
Licensee, or Distributors to Retailers for the Licensed Products in the
relevant jurisdiction in the Territory is higher than such price then
the List Price shall be the maximum price as aforesaid.
"LVMH AGREEMENT" means the agreement set out at schedule 3;
"MAJOR MARKETS" means France, Spain, Germany, Italy, U.K., U.S.A.,
Japan, the People's Republic of China, Hong Kong and South Korea and
any other countries which individually account for more than 5% of all
Actual Net Wholesale Sales made in any Licensed Year;
"MANAGEMENT CONTROL" means the possession, directly or indirectly, of
the right or power to cause the direction of the management of a
business by means of shares, contract or otherwise and in particular
(without limitation) in respect of the Licensee or the Guarantor the
ability to appoint more than one-third of the directors or other
governing officers of the Licensee and/or the Guarantor shall
constitute Management Control of the Licensee and/or the Guarantor, as
the case may be.
"MARKETING PLAN" shall have the meaning given to that term in clause 8;
"MINIMUM LICENCE FEE" means the minimum Licence Fee that is to be paid
by the Licensee to Burberry in respect of each Licensed Year, details
of which are set out in Part A of schedule 6;
11
"MINIMUM NET WHOLESALE SALES" means the minimum Actual Net Wholesale
Sales to be made by the Licensee from 1 January 2008 to 31 December
2008 and from 1 January 2012 to 31 December 2012 as set out in clauses
10.7 and 10.8 respectively, and for every other Licensed Year shall be
the amounts set out in Part B of schedule 6, which is headed "Marketing
Threshold Sales";
"MONTH" means a calendar month, save that:
(A) the first Month of this Agreement shall commence on the
Effective Date and end on the last day of the calendar month
in which the Effective Date falls; and
(B) the final Month of this Agreement shall commence on the first
day of the calendar month in which the date of termination of
this Agreement falls and end on the date that this Agreement
terminates,
and "MONTHLY" shall have the corresponding meaning;
"NEW TRADE NAMES" shall have the meaning given to it in clause 17.12;
"ORIGINAL LICENCE AGREEMENT" means the licence agreement dated 15 July
1993 (as amended) made between the parties;
"OTHER MARKETS" means all jurisdictions in the Territory other than the
Major Markets;
"PACKAGING" means all packaging and components for packaging of
Licensed Products, excluding bottles and caps but including labels and
any other words, signs, symbols or marks which are fixed, printed or
reproduced thereon;
"PLAN DATE" shall have the meaning given to that term in clause 8;
"POISON CONTROL CENTRE" means any competent authority, whether
supranational, national, regional or local, with responsibility for the
control of poisons or the provision of toxicological information and
advice;
"PRESIDENT OF BURBERRY FRAGRANCES" means the position of president of
Burberry Fragrances as described in clause 9.41 and schedule 5;
"PROCEDURES" shall have the meaning given to that term in clause
9.30(C);
"PRODUCTS" means the products (including the Packaging and bottles and
caps for such products) which are described in schedule 2;
"PROMOTION" means all forms of promotion and marketing (including,
without limitation, any Co-operative Advertising or promotion or
marketing at any trade show) excluding Advertising and the terms
"PROMOTE", "PROMOTIONAL MATERIALS" and "PROMOTIONAL ACTIVITIES" shall
be construed accordingly;
"PROJECTED SALES" means the Actual Net Wholesale Sales projected in the
Business Plan in the relevant part of the Territory;
"QUARTER" means a period of three consecutive Months, save that:
12
(A) the first Quarter of this Agreement shall commence on the
Effective Date and end on 30 September 2004; and
(B) the final Quarter of this Agreement shall commence on
whichever of 1 January, 1 April, 1 July or 1 October is
closest to the date on which this Agreement terminates and
shall end on the date that this Agreement terminates,
and "QUARTERLY" shall have the corresponding meaning;
"QUESTIONNAIRE" means an environmental and social responsibility
questionnaire signed by an Approved Contractor, the current form of
which is set out in appendix D;
"RECOMMENDED RETAIL PRICE" or "RRP" means :
(A) the recommended retail price, if any, of each Licensed Product
applicable in each jurisdiction in the Territory; or
(B) where, in any particular jurisdiction, recommended retail
prices are not permissible under local law, the List Price for
that jurisdiction together with the xxxx up customarily used
in the relevant jurisdiction to arrive at the retail price.
"RETAILER" shall mean any retailer and/or retail outlet within the
Territory Approved pursuant to clause 5.1 which will sell Licensed
Products to consumers in the Territory for personal use either (i) at
the Licensee's discretion subject to clause 5, or (ii) at Burberry's
own initiative (including without limitation Burberry Stores which the
Licensee has been requested to supply in accordance with clause 14)
provided that the Licensee shall not be required to obtain Approval for
the retailers supplied by the Licensee prior to the Effective Date
under the Original Licence Agreement until 1 January 2005;
"RETURNED" means:
(A) in respect of any Licensed Products manufactured by any
Approved Contractor, those products which have been returned
(for whatever reason) by the Licensee to the relevant Approved
Contractor; and
(B) in respect of any Licensed Products manufactured by any
Approved Contractor or by the Licensee, those products which
have been returned by a Retailer, Distributor, Burberry or any
member of the Burberry Group;
"SELL-OFF PERIOD" shall have the meaning given to that term in clause
22.1;
"SUBSIDIARY" means, in respect of any company, any other company:
(A) in which such former company holds a majority of the voting
rights; or
(B) in which such former company owns any stock or shares and in
respect of which such company has the right to appoint or
remove a majority of its board of directors or other managing
body; or
13
(C) in which such former company owns any stock or shares and in
which such former company controls a majority of the voting
rights, pursuant to an agreement with other stockholders or
shareholders; or
(D) which is either directly or indirectly controlled in any way
by such former company,
and shall include any company which is a Subsidiary of a Subsidiary of
such former company according to the foregoing definition;
"TERM" means, subject to clause 20 of this Agreement, the period from
the Effective Date to 31 December 2016, save that if the parties so
agree prior to 31 December 2014 the Agreement may be extended for a
further 5 years until 31 December 2021 but in the absence of any such
agreement by 31 December 2014 this Agreement shall terminate on 31
December 2016;
"TERRITORY" means the world;
"TESTERS" means testers, minis and/or samples of Licensed Products,
other than GWPs;
"UNDERTAKING" means an undertaking in Burberry's favour signed by an
Approved Contractor, the current form of which is set out in appendix
C;
"VARIED TRADE NAME" shall have the meaning given to it in clause 17.12;
"WORKING DAY" shall mean any day on which banks are open for business
in London, England other than a Saturday or Sunday.
1.2 In this Agreement where the context admits references to:
(A) the "Agreement" or to any other agreement or document referred
to in this Agreement mean this agreement or such other
agreement or document as amended, varied, supplemented,
modified or novated from time to time and includes the
appendices and schedules hereto;
(B) a "person" include any individual, company, body corporate,
corporation sole or aggregate, government, state or agency of
a state, firm, partnership, joint venture, association,
organisation or trust (in each case, whether or not having
separate legal personality and irrespective of the
jurisdiction in or under the law of which it was incorporated
or exists) and a reference to any of them shall include a
reference to the others;
(C) clause(s), sub-clause(s), appendice(s), schedule(s) and
parties are references to clauses and sub-clauses of,
appendices to, schedules of and parties to this Agreement,
respectively;
(D) the singular includes the plural and vice versa (unless the
context requires otherwise);
(E) any one gender includes the other gender;
(F) any statutory provision or enactment or any provision of any
treaty, legislation, statute, directive, regulation,
judgement, decision, decree, order, instrument, by-law, or any
14
other law of or having effect in any jurisdiction "LAWS" shall
be construed also as references to all other Laws made under
the Law referred to, and to all such Laws as amended,
re-enacted, consolidated or replaced, or as their application
is modified by other Laws from time to time, and whether
before or after the date of this Agreement;
(G) references to any party include any person who at any time is
entitled, by assignment, novation, merger, division,
reconstruction, reorganisation or otherwise, to that party's
rights under this Agreement or any interest in those rights,
or who, as an insolvency practitioner or otherwise, is
entitled to exercise those rights (and, in the case of a
novation or similar event, references herein to any party's
rights shall include the novated rights to which another
person is entitled as a result of that event); and
(H) Burberry giving any form of notice, notification, consent or
agreement shall be construed so that such notice,
notification, consent or agreement shall only be validly given
by Burberry if in writing signed by the Authorised Business
Representative or the Authorised Legal Representative.
1.3 JOINT AND SEVERAL LIABILITY
All warranties, representations, indemnities, covenants, agreements and
obligations given or entered into by more than one person in this
Agreement are given or entered into jointly and severally.
1.4 HEADINGS
The headings and sub-headings are inserted for convenience only and
shall not affect the construction of this Agreement.
1.5 SCHEDULES AND APPENDICES
Each of the schedules and appendices shall have effect as if set out in
this Agreement.
2. GRANT OF LICENCE
TO MANUFACTURE
2.1 Subject always to clause 2.6 below, Burberry hereby grants to the
Licensee, subject to the terms and conditions of this Agreement, a
personal, non-transferable and Exclusive (other than in respect of
GWPs) licence:
(A) to develop, and to produce and manufacture Licensed Products
at the Factory strictly in accordance with the type and
specifications from time to time Approved and to use:
(i) the Licensed Trade Marks in connection with the
Products;
(ii) such other parts of the Burberry Intellectual
Property, including the Formulae, as may be Approved
from time to time only for the purpose of such
manufacture; and
15
(B) to use such information as may at Burberry's sole discretion
from time to time be provided by Burberry concerning the
development, production and manufacture of products of the
same type of merchandise as the Licensed Products, such
information to be used only in connection with the
development, production and manufacture of the Licensed
Products and such information shall be know how and trade
secret information of Burberry and subject to clause 26,
and all goodwill howsoever arising from all such use shall accrue to
Burberry.
2.2 The use in respect of any Licensed Products of any Burberry
Intellectual Property pursuant to clause 2.1(A)(ii) in addition to the
Licensed Trade Marks shall be limited to its use as Approved pursuant
to clause 2.1(A)(ii) which Approval shall be in addition to the
Approval required pursuant to clause 2.1(A)(i) and shall be limited to
the single Product for which such Approval was specifically given.
TO SELL
2.3 Burberry hereby grants to the Licensee subject to the terms and
conditions of this Agreement, a personal, non-transferable and
Exclusive (other than in respect of GWPs) licence:
(A) to market, distribute and sell in the Territory Licensed
Products to Retailers either directly or through Burberry
Representatives or Distributors PROVIDED THAT:
(1) nothing in this Agreement:
(a) entitles the Licensee to establish and
operate; or
(b) restricts Burberry or any other member of
the Burberry Group from establishing and
operating or granting any third party the
right to establish and operate,
Burberry Stores and/or a Burberry Website in the
Territory; and
(2) subject to clause 14, nothing shall be deemed to
grant any distribution rights to Licensed Products to
Burberry or any other member of the Burberry Group;
and
(B) to use such Burberry Intellectual Property in such a manner as
is specifically Approved but in any event only in relation to
the marketing, distribution and sale of the Licensed Products,
and all goodwill howsoever arising from all such marketing,
distribution and sales and use shall accrue to Burberry.
2.4 The Licensee shall consider in good faith such factors as Burberry
considers relevant to the marketing, distribution and sale of the
Licensed Products within the Territory.
2.5 Except as otherwise provided in this Agreement, Burberry shall not
during the Term:
(A) market, distribute and sell; or
16
(B) license any person (including any other member of the Burberry
Group) other than the Licensee to market, distribute and sell,
or
(C) develop, produce and manufacture or license any person
(including any other member of the Burberry Group) other than
the Licensee to develop, produce and manufacture, except with
the prior approval of the Licensee,
in the Territory any Products bearing the Licensed Trade Marks except
for the purposes of sales to and by Excluded Stores, the restriction in
this clause 2.5 being referred to as "Exclusivity" and clauses 2.1 and
2.3 shall be construed accordingly.
In the event that Burberry requests the Licensee to manufacture and/or
supply Products (including without limitation limited production items)
to the Excluded Stores ("Excluded Products") and the Licensee does not
confirm its agreement to do so within 28 days of Burberry's request,
the provisions of this clause 2.5 shall not apply to Burberry in
respect of such Excluded Products.
2.6 Notwithstanding clause 2.1 above and without prejudice to clauses 2.3
and 2.5(A) and (B), Burberry may at any time notify the Licensee that
it has reasonable grounds to believe it might terminate this Agreement
at a future date, whether pursuant to the provisions of clause 20 or by
reason of the expiry of the Term provided that in the case of possible
termination pursuant to clause 20 such notice shall be given not
earlier than 18 months before the possible termination date and shall
specify the grounds relied on by Burberry. Burberry shall have the
right, and the other members of the Burberry Group shall have the
right, forthwith from the date of such notification to develop, produce
and manufacture or have developed, produced and manufactured any
Products whether or not bearing any Burberry Intellectual Property in
the Territory.
NO SUB-LICENSING
2.7 Subject to the Licensee's right to appoint Distributors in accordance
with clause 5, the Licence Rights are non-transferable and personal to
the Licensee accordingly and without prejudice to clause 34, the
Licensee shall not have any rights to grant sub-licences in respect of
all or any part of the Licence Rights and accordingly only the Licensee
is entitled to develop, produce and manufacture pursuant to clause 2.1
and only the Licensee is entitled to market, distribute and sell
pursuant to clause 2.3.
2.8 The rights granted under this Agreement are granted to the Licensee
only and no members of the Licensee's Group (other than those which are
Distributors) shall be entitled to exercise the rights granted to the
Licensee. In addition, without prejudice to the foregoing, the Licensee
shall procure that no company within the Licensee's Group does anything
which is contrary to the Licensee's obligations under this Agreement.
2.9 Burberry is entitled and shall be in no way restricted from doing or
causing to be done anything which is not expressly prohibited by clause
2.5.
17
3. TERM AND TERMINATION OF THE ORIGINAL LICENCE AGREEMENT
3.1 This Agreement shall come into force on the Effective Date and, unless
terminated as provided for in this Agreement, shall continue in force
until the expiry of the Term, when it shall automatically terminate.
3.2 The Original Licence Agreement shall, subject to clause 15.1, terminate
immediately prior to the Effective Date.
3.3 The agreement dated 8 February 2000 among Burberry, the Licensee, the
Guarantor, LV Capital USA, Inc., and Messrs. Xxxx Xxxxx, Xxxxxxxx
Xxxxxxx, Xxxxxxxx Xxxxx and Xxxx Xxxxxxxx shall be superseded by the
LVMH Agreement but only when it has been signed by all the
aforementioned parties and until such time it shall continue in force
by reference to the terms of this Agreement mutatis mutandis.
4. APPROVAL OF LICENSED PRODUCTS
4.1 The provisions of this clause 4 shall apply in respect of all Licensed
Products to be sold pursuant to the rights granted under this Agreement
within the Term commencing on the Effective Date.
4.2 The Licensee shall work in close co-operation with Burberry including
without limitation on matters relating to the overall design of the
Licensed Products with a view to agreeing upon any additions or changes
to the range of Licensed Products.
4.3 The Licensee shall not manufacture or have manufactured any Products
bearing any Burberry Intellectual Property or sell any such Products
manufactured by or on behalf of the Licensee except such Products which
have been Approved as Licensed Products for manufacture and sale.
4.4 The Licensee shall:
(A) provide full written details to Burberry of:
(i) the proposed Formulae for the particular Licensed
Product concerned; and
(ii) the name and address of the creator of the proposed
Formulae
before commencement of manufacture of any Licensed Product,
(B) revise the Packaging used in respect of the Licensed Products
in accordance with the reasonable directions received from
Burberry from time to time, provided that the Licensee shall
be entitled to exhaust its existing stock of Packaging and in
respect of the Licensed Products approved in accordance with
the Original Licence Agreement prior to the Effective Date
only, no such directions will take effect before 31 December
2006, except as otherwise agreed. In the event that the
Licensee does not accept that the directions given by Burberry
are reasonable, it shall give written notice to Burberry
within 14 days of receipt of the directions from Burberry
setting out details of its objections. The parties shall in
good faith endeavour to resolve the objections and in the
event that no resolution is reached, the Licensee shall
implement Burberry's
18
revisions to the Packaging and the parties shall agree an
appropriate reduction to the Minimum Net Wholesale Sales. In
considering what might be an appropriate reduction to Minimum
Net Wholesale Sales the parties shall have regard to the
proportion of the Actual Net Wholesale Sales represented by
the particular Licensed Product affected by the revision to
the Packaging;
(C) subject to clause 9.3, not commence manufacture of any
Licensed Product (other than for the purposes of manufacturing
samples) unless and until the Formulae for that Licensed
Product, the proposed Licensed Product, the proposed Approved
Contractor and the proposed Factory have been Approved;
(D) provide full written details to Burberry of any proposed
changes in any of the Formulae for any Licensed Product for
Approval of such changes before any such changes are
implemented (save to the extent that such changes are required
by applicable law); and
(E) not commence manufacture of any Licensed Product in accordance
with any varied Formulae (other than for the purpose of
manufacturing samples) unless and until such Formulae have
been Approved.
4.5 The Licensee shall submit in writing all concepts, designs,
specifications, pre-prototype samples and prototype samples for
Licensed Products to Burberry for Approval (together with proposed
Recommended Retail Prices) in sufficient time to allow Burberry to
examine and consider the same, and to make any such changes thereto as
Burberry requests prior to the commencement of manufacture of Licensed
Products.
4.6 Burberry's Approval of any Products as Licensed Products and of the
elements of such of Burberry's Intellectual Property as is to be used
therewith:
(A) shall be limited to such Products conforming with the relevant
Approved samples and/or specifications in all respects,
including without limitation in respect of (i) aroma (ii)
Formula; (iii) quality, (iv) design, (v) materials (including
the ingredients, pattern, colour, composition and weight
thereof), (vi) Packaging, (vii) the elements of the Burberry
Intellectual Property to be used therewith, and (viii) the
combinations and manner of use of such Burberry Intellectual
Property (including where relevant the location, juxtaposition
and size of any Licensed Trade Marks appearing thereon); and
(B) unless otherwise expressly provided, shall be given only in
respect of the Products for which such Approval is given.
4.7 The Licensee shall procure that the Licensed Products are manufactured
in accordance with their concepts, designs and specifications to a high
standard of quality and in accordance with all conditions to which
Approval of particular Licensed Products may be subject.
4.8 Where it is the Licensee's intention that any Products (or any part
thereof) which the Licensee proposes to be Licensed Products are to be
manufactured by any Approved Contractor(s), the Licensee shall at the
same time as submitting to Burberry any concepts, designs or
specifications of such proposed Licensed Products, notify Burberry of
the identity of such Approved Contractor(s) and the location of the
factory at which it is proposed such Licensed Products are to be
manufactured. No Products will be Approved as Licensed Products where
19
the same (or any component of the same bearing any Burberry
Intellectual Property) is to be manufactured by any party other than
the Licensee or the Approved Contractor(s) notified to Burberry as
aforesaid.
5. RETAILERS AND DISTRIBUTORS
5.1 (A) Subject to the provisions of clauses 5.12 and 5.15 below, the
Licensee may, subject to Approval, appoint such distributors
as Distributors as it deems appropriate, save that it should,
prior to such appointment submit to the Authorised Business
Representative, information in respect of each such
distributor, including, without limitation, ownership data,
details of the other brands distributed by the proposed
distributor and financial and credit data. The Licensee
acknowledges that Burberry will rely on such information and
all other information provided by the Licensee in respect of a
distributor in deciding whether to Approve such a distributor
as a Distributor. For the avoidance of doubt:
(1) if the Licensee wishes to reappoint any of the
Distributors listed in schedule 7 it shall first seek
Approval of Burberry to any such reappointment in
accordance with this clause 5.1(A); and
(2) subject to clauses 5.12 and 5.15, members of the
Licensee's Group which act as distributors require
Approval in accordance with this clause.
(B) The Licensee may, subject to Approval, appoint such retailers
as it deems appropriate, and prior to the commencement of each
Licensed Year it shall submit to the Authorised Business
Representative a list of those Retailers it wishes to continue
to use and/or appoint for the forthcoming Licensed Year. Such
list of Retailers and their retail outlets to which the
Licensee wishes to supply Licensed Products for Approval
should show those retailers and retail outlets which have not
been supplied with Licensed Products in previous Licensed
Years, and for the avoidance of doubt, members of the
Licensee's Group which act as retailers (and their retail
outlets) require Approval in accordance with this clause.
5.2 Burberry's Approval of any retailer as a Retailer is limited to such
retailer's retail outlets as are Approved and the Licensee shall only
supply Licensed Products to Retailers in respect of the Retailer's
retail outlets that are Approved and the term "Retailer" used in
respect of such retailer shall be limited to such retailer trading at
such retail outlets.
5.3 All Retailers shall be first class stores dealing in products bearing
brands of a similar quality and prestige to the Burberry brand.
5.4 The Licensee shall inform all Retailers and Distributors of the
provisions of this Agreement which are relevant to their role as
Retailer or Distributor including, without limitation, clauses 5.6 and
5.7(E).
5.5 The Licensee shall not sell or otherwise supply Licensed Products to
customers other than:
(A) Retailers; or
(B) Distributors for resale to Retailers; or
20
(C) customers of the Burberry Group pursuant to orders obtained by
Burberry Representatives and members of the Burberry Group.
5.6 The Licensee shall take all commercially reasonable steps, including by
means of the imposition of contract terms, to ensure that Retailers
only sell to consumers for personal use or to other Retailers.
5.7 The Licensee shall enter into a distribution agreement or commercial
arrangement with each Distributor and shall ensure that each such
agreement or arrangement shall incorporate legally binding provisions
which:
(A) are equivalent to the Licensee's obligations under this
Agreement;
(B) give effect to the Licensee's obligations under this
Agreement;
(C) reflect Burberry's rights under this Agreement;
(D) restrict the Distributor to sell the Licensed Products in a
jurisdiction or jurisdictions within the Territory (to the
extent such provision is permitted by law);
(E) ensure that Retailers only sell to consumers for personal use
or to other Retailers;
(F) procure that Burberry shall have the right to enforce the
obligations of each Distributor directly, provided that
Burberry shall consult with the Licensee before exercising
such right; and
(G) to the extent possible taking into account the governing law,
legal best practice of the relevant jurisdiction and the
subject matter of the Agreement, follow the general structure
and order of provisions of this Agreement and use identical
definitions of terms.
5.8 The Licensee shall submit a sample distribution agreement (the "Sample
Agreement") to the Authorised Legal Representative for Approval on or
before 30 October 2004. Provided that the Sample Agreement is Approved,
the Licensee may enter into an agreement in the form of the Sample
Agreement with any Distributor. For the avoidance of doubt, the
Licensee shall not be entitled to enter into a distribution agreement
with a Distributor which is not materially in the form of the Sample
Agreement, without specific Approval of the terms of such agreement.
Burberry's Approval of the Sample Agreement does not and will not
constitute any representation or warranty that such agreement
adequately protects the Licensee who should seek independent legal
advice in respect of the terms of its distribution agreements.
5.9 In respect of Distributors listed in schedule 7, the Licensee shall use
all reasonable endeavours to enter into an agreement not later than 31
December 2004 in the form of the Sample Agreement terminating on or
before 31 December 2006.
5.10 The Licensee shall ensure that each Distributor adheres to the
provisions of its distribution agreement and in particular (but without
limiting the above) that no Distributor does anything which if done by
the Licensee would be a breach of clause 17 or which would result in
the Licensee being unable to comply with clause 17. For all agreements
between the Licensee and (i) Distributors and/or (ii) Retailers the
Licensee shall procure that Burberry shall,
21
notwithstanding the provisions of clause 36, have the right to enforce
the terms of such agreements under the Contracts (Rights of Third
Parties) Xxx 0000, or to the extent that any agreement between the
Licensee and a Distributor or Retailer is not subject to English law,
under provisions equivalent to the Contracts (Right of Third Parties)
Xxx 0000.
5.11 (A) At any time prior to 31 December 2006, Burberry may withdraw
its Approval of any Distributor immediately on reasonable
grounds by giving written notice to the Licensee and promptly
on receipt of such notice, the Licensee and Burberry shall
consult with a view to the Licensee taking steps to terminate
promptly its agreement or arrangement with such Distributor in
accordance with the terms of its agreement or its arrangement
with such Distributor and/or all applicable Laws.
(B) At any time on or after 31 December 2004, Burberry may
withdraw its Approval of any Distributor immediately if
Burberry reasonably believes that such a Distributor is in
breach of its distribution agreement or arrangement with the
Licensee and the Licensee shall terminate promptly its
agreement or arrangement with such Distributor in accordance
with the terms of such agreement or arrangement or otherwise
in accordance with Burberry's directions.
5.12 The distributors listed in schedule 7 are deemed to be Approved by
Burberry as Distributors as at the Effective Date, provided that on or
before 31 December 2005, Burberry may request on reasonable grounds the
termination of any arrangements with any of such Distributors, such
termination to take effect on 31 December 2006.
5.13 If Burberry has notified the Licensee that it does not Approve, on
reasonable grounds, the reappointment of any Retailer in any Licensed
Year, the Licensee shall not reappoint such Retailer. The Licensee
shall ensure that within one month of the date of such notice such
Retailer shall cease to be a Retailer, shall cease to be supplied with
Licensed Products and cease to stock Licensed Products. Furthermore
Burberry may withdraw its Approval of any Retailer forthwith pursuant
to clauses 15.9.1(B) and 15.9.2(B) or if Burberry reasonably believes
that such Retailer has sold or is likely to sell the Licensed Products
to third parties other than consumers or Retailers. In the event that
the Licensee does not accept that the grounds given by Burberry are
reasonable, it shall give written notice to Burberry setting out
details of its objections within 14 days of receipt of such notice, the
parties shall in good faith endeavour to resolve the objections and in
the event that no resolution is reached, the parties shall refer the
dispute to an expert in the retail fragrance business for
determination. The expert's determination shall be final and binding.
If the expert concludes that Burberry's grounds were not reasonable,
the parties will agree an appropriate reduction to the Minimum Net
Wholesale Sales. In considering what might be an appropriate reduction
to Minimum Net Wholesale Sales the parties shall have regard to the
proportion of the Actual Net Wholesale Sales sold in the prior Licensed
Year by the relevant Retailer.
5.14 The Licensee shall not sell or otherwise supply Licensed Products to
any of its Affiliates unless that Affiliate has been Approved as a
Distributor or as a Retailer.
5.15 Notwithstanding anything to the contrary in this clause 5, the Licensee
undertakes that:
22
[------------------ ](4)
6. LIST PRICES AND RECOMMENDED RETAIL PRICE
6.1 By no later than the commencement of the sale of Licensed Products to
Distributors for each Licensed Year by the Licensee, the Licensee shall
provide details of and discuss in good faith with Burberry:
(A) the Recommended Retail Price; and
(B) the List Price,
in each Licensed Year for each Licensed Product in each part of the
Territory.
6.2 The Licensee shall at all times procure that all Retailers which are
supplied with any Licensed Products are aware at all times of the
Recommended Retail Price in respect thereof.
6.3 For the avoidance of doubt, nothing in this clause 6 shall prohibit the
Licensee from selling any Licensed Products at any price as the
Licensee freely determines, or prohibit any Retailer or Distributor
from selling any Licensed Products at any price as that Retailer or
Distributor freely determines.
7. APPROVALS
7.1 Any request by the Licensee for Approval pursuant to this Agreement
must be made in writing and addressed to the Authorised Business
Representative or the Authorised Legal Representative (as required
pursuant to the terms of this Agreement).
7.2 Where any Approval is given subject to any conditions or limitations,
the Licensee shall at all times comply with such conditions or
limitations. Any Approval which is stated to be limited in time shall
automatically terminate and be of no further effect from the end of the
period for which such Approval is stated to be effective.
8. BUSINESS PLAN
8.1 Annually before 31 October (the "Plan Date") in each year prior to each
Licensed Year commencing on 1 January 2005, the Licensee shall deliver
to the Authorised Business Representative and the Authorised Legal
Representative a Business Plan for the following Licensed Year, such
Business Plan to set out:
(A) the Licensee's plans for the development, production and
manufacture of the Licensed Products;
(B) the Licensee's plans for the Promotion, Advertising,
marketing, distribution and sale of the Licensed Products
("Marketing Plan"), such Marketing Plan shall set out the
Licensee's proposed spending on Promotion and Advertising
during that Licensed
-------------
(4) CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SEC WITH
A REQUEST FOR CONFIDENTIAL TREATMENT BY INTER PARFUMS, INC. NO.
10.111:4.
23
Year (together with a detailed breakdown of such proposed
spending), the media in which it is intended such Advertising
and Promotion is to be placed, the proposed timing of the
planned Advertising and Promotional Activities, and the
proposed contents of any proposed Advertising and Promotional
Material, including any common themes which it is intended
will be pursued in them;
(C) the projected Actual Net Wholesale Sales of Licensed Products;
and
(D) the projected retail sales,
and the parties shall, at the request of Burberry, meet to discuss in
good faith Burberry's comments and observations on each Business Plan.
8.2 Each Business Plan (which, for the avoidance of doubt, shall include
each Marketing Plan) is subject to Approval.
8.3 Once Burberry has Approved the contents of each Marketing Plan, the
Licensee shall carry out the Advertising and Promotional Activities set
out therein and shall not without Approval (given in accordance with
clause 15.3) conduct any Advertising and Promotional Activities other
than in accordance with the same.
9. CERTAIN ADDITIONAL OBLIGATIONS OF THE LICENSEE
MANUFACTURE OF LICENSED PRODUCTS
9.1 The Licensee shall not manufacture any Licensed Products (or any part
thereof) other than at a Factory and shall procure (in the case of
manufacture by an Approved Contractor) that the relevant Approved
Contractor does not manufacture any Licensed Products (or any part
thereof) other than at the Factory Approved in such Approved
Contractor's Undertaking.
9.2 The Licensee undertakes that the materials used in the manufacture of
the Licensed Products do not and shall not contain any materials from
time to time notified by Burberry to the Licensee including without
limitation the materials listed in appendix G.
9.3 Notwithstanding the foregoing and clause 4.4(C), Burberry shall all
times be entitled to withdraw the Approval in respect of a Factory or
an Approved Contractor, and each shall for the purposes of this
Agreement cease to be a Factory or act as an Approved Contractor
respectively, forthwith, if it has a bona fide reasonable belief that
any such Approved Contractor or Factory:
(A) has produced Licensed Products that are not in accordance with
the Formulae, are not of satisfactory quality or do not meet
Burberry's qualitative standards as notified by Burberry to
the Licensee from time to time;
(B) has used any of the substances listed in appendix G in the
production or manufacture of the Licensed Products;
(C) has or is engaged in unauthorised production of Licensed
Products or other products which represent an infringement of
the Intellectual Property Rights of Burberry or any other
person; or
24
(D) has infringed or is infringing the Business Ethics and
Environmental Policy.
SALE OF LICENSED PRODUCTS
9.4 Subject to clause 15, the Licensee shall use its best endeavours to
Advertise, Promote, market and extend sales of Licensed Products in the
Territory, and take into account such factors as Burberry considers
relevant to the Promotion, Advertising, marketing and sale of Licensed
Products in the Territory.
9.5 The Licensee shall not:
(A) offer for sale, sell, solicit orders, take orders for or
otherwise dispose of any Licensed Products other than in the
fulfilment of orders from the customers referred to in clause
5.5 hereof in the Territory for sale in the Territory;
(B) sell Licensed Products to any Retailer or Distributor in
respect of which Approval has been withdrawn pursuant to
clause 5.11; or
(C) knowingly sell Licensed Products to Retailers other than for
direct sale to consumers for personal use or to other
Retailers.
9.6 The Licensee shall accept the return of and replace or give credit for
any Licensed Products delivered to any Retailers or Distributors by or
on behalf of the Licensee where such Licensed Products have been
lawfully Returned or rejected by such Retailer or Distributor (whether
due to late delivery, defect in such Licensed Products, any other
breach by the Licensee of the applicable conditions of sale or
otherwise).
9.7 The Licensee:
(A) shall not and shall use its best endeavours to procure that
Retailers (other than the Large Retailers) and Distributors do
not market, advertise, promote or sell any of the Licensed
Products by means of any electronic or digital medium,
including without limitation by the use of the "Internet", the
"World Wide Web" or any other telecommunications or
information network or service of any description without
Approval; and
(B) shall use its best endeavours to procure that its Distributors
and/or Retailers (but in the case of the Large Retailers,
subject to clause 9.7(A)) do not Advertise or Promote any
Licensed Products without Approval.
9.8 The Licensee shall procure that its Distributors each nominate and
maintain a senior employee dedicated to the sale, marketing and
delivery of the Licensed Products to Retailers and who shall have
suitable experience and expertise in the fragrance business.
9.9 The Licensee shall at all times be adequately represented, by reference
to the market conditions for the Products from time to time, throughout
the Territory by Distributors so as to comply with its obligations
under this Agreement.
9.10 The Licensee shall procure that its and its Distributors' showrooms at
which or environments in which the promotion and/or sale of Licensed
Products takes place (i) are commensurate
25
with the high quality and prestige nature of Burberry's business and
their location and furnishings shall not diminish the reputation of the
Burberry Intellectual Property and (ii) have an area dedicated to the
Licensed Products. The Licensee shall provide to Burberry in June of
each Licensed Year photographs of all such showrooms and environments
of the Licensee and its Distributors at which the Licensed Products are
promoted and/or sold (including, without limitation, photographs of the
exterior and interior of such environments or showrooms and
environments).
9.11 The Licensee shall maintain during this Agreement sufficient production
and other capacity to enable it to meet all orders in all material
respects for Licensed Products from Distributors and/or Retailers.
TRACKING AND RECORDING
9.12 (A) The Licensee shall as soon as practicable, and in any event by
no later than 1 July 2005, ensure that it has put in place the
necessary measures to identify with certainty, track and
record by reference to each Licensed Product the Distributor
to which the Licensee or another Distributor (as the case may
be) sold such Licensed Product (the "Distributor Tracking
Measures").
(B) (1) The Licensee shall use its best endeavours to put in
place by 31 December 2005 the necessary measures to
identify with certainty, track and record by
reference to each Licensed Product the Retailers in
the Major Markets to which such Distributors as are
described in clause 9.12(A) above sold such Licensed
Products (the "Major Retailer Tracking Measures").
(2) The Licensee shall use its reasonable endeavours to
put in place by 30 June 2006 the necessary measures
to identify with certainty, track and record by
reference to each Licensed Product the Retailers in
the Other Markets to which such Distributors as are
described in clause 9.12(A) above sold such Licensed
Products (the "Other Retailer Tracking Measures").
26
(C) The Licensee shall discuss the Distributor Tracking Measures,
the Major Retailer Tracking Measures and the Other Retailer
Tracking Measures with Burberry. Burberry, shall, upon
reasonable notice, be permitted access to and/or be supplied
with copies of the Licensee's databases and other records and
information relating to such tracking measures. The Licensee
shall also use all reasonable efforts to ensure that all
Distributors comply with the provisions of this clause 9.12
and to the extent that the Licensee may obtain records or
other information related to the destination of Licensed
Products from its Distributors, the Licensee shall allow
Burberry to have access to such records and information.
INTELLECTUAL PROPERTY
9.13 The Licensee shall not use or disclose any information or any of the
Formulae or use any Burberry Intellectual Property (or anything
identical or confusingly similar to anything comprised therein) other
than:
(A) as may from time to time be both necessary and Approved in
connection with the manufacture of Licensed Products and sale
of Licensed Products under this Agreement; or
(B) as specifically authorised in this Agreement.
9.14 The Licensee shall not in the manufacture, supply, Advertising,
Promotion, marketing, distribution or sale of any Licensed Products
permit any trade marks, names or other markings to be used on or in
connection with or applied to such Licensed Products other than:
(A) such of the Burberry Intellectual Property as is Approved to
be used in respect of such Licensed Products under clauses
2.1(A) and 2.3(B); and
(B) any such markings as are required by the Laws of or generally
accepted codes of practice in any relevant part of the
Territory PROVIDED THAT any such markings shall be applied in
a manner which is as discrete as is reasonably possible, and
no such markings shall be applied to the exterior or the
interior of any Licensed Products without Approval subject to
the requirements of any applicable Laws of or generally
accepted codes of practice in any relevant part of the
Territory.
9.15 In the event that Burberry does not supply labels, point of sale
material or packaging bearing Burberry Intellectual Property (for which
Burberry shall be entitled to charge), the Licensee shall not purchase
any such labels, point of sale material or packaging from any party
other than from such third party suppliers as Burberry shall designate
as an Approved Contractor.
9.16 The Licensee shall:
(A) use its best endeavours to provide to the Authorised Business
Representative within six months of the date of this Agreement
details of all uses it has made of Burberry Intellectual
Property in the six (6) Months prior to the date of this
Agreement whether on or in relation to the Products,
stationery or otherwise;
(B) not use any Burberry Intellectual Property on any of its
business documentation (including but not limited to, all
advertising materials, stationery, order forms, invoices,
27
credit notes, labels, business cards, signage and the like)
unless such use of the Burberry Intellectual Property has been
Approved.
(C) as soon as possible, and in any event within 30 days of
receipt of notice from Burberry of a variation or modification
of or any addition to any trade xxxx or trade name forming
part of the Burberry Intellectual Property including without
limitation the Licensed Trade Marks, cease to use any previous
or outdated versions of the relevant trade xxxx or trade name
on any of the Licensee's business documentation. For the
avoidance of doubt, once notice is given in accordance with
this clause 9.16(C) any prior Approval given under clause
9.16(B) shall be deemed to have been withdrawn to the extent
that it relates to previous or outdated versions of Burberry's
brand or logos.
9.17 The Licensee shall not (and shall procure that no Affiliate of the
Licensee shall unless Burberry otherwise agrees) engage directly or
indirectly in the development, production, manufacture, supply,
marketing, distribution or sale of any:
(A) products other than the Licensed Products bearing or sold in
connection with:
(i) any Burberry Intellectual Property;
(ii) any trade marks or trade names identical or
confusingly similar to or otherwise infringing any
Burberry Intellectual Property;
(iii) any Varied Trade Names which do not include the
"Burberry" name (for example, in the case of
"Burberry Brit", the word "Brit" may not be used on
its own or in conjunction with any other word or
words other than "Burberry"); or
(B) products of the same design as that of any of the Licensed
Products; or
(C) products of a design substantially similar to that of any of
the Licensed Products; or
(D) products in the same or confusingly similar packaging or
presentation as any of the Licensed Products; or
(E) products with a confusingly similar fragrance as any of the
Licensed Products; or
(F) products using the same Formulae as any of the Licensed
Products.
9.18 The Licensee shall, on request, deliver to Burberry copies of all
stationery, point of sale materials and any other materials bearing
Burberry Intellectual Property used for or in connection with the
manufacture, distribution or sale of the Licensed Products in the
relevant Licensed Year ("Materials") and the Licensee shall, in any
event, archive copies of the Materials and shall provide copies of such
Materials to Burberry at Burberry's request.
9.19 The Licensee shall not use any of the Licensed Trade Marks or any other
Burberry Intellectual Property on or in connection with any products or
in connection with any services other than the Licensed Products and
then subject always to the Approvals which are required under this
Agreement.
9.20 Without prejudice to clause 5.10, the Licensee shall procure that its
Distributors:
28
(A) comply with clauses 9.5, 9.7, 9.8, 9.17, 9.18, 9.19, 9.25 and
9.28; and
(B) do not use any Burberry Intellectual Property for any purpose
other than in connection with the distribution of the Licensed
Products in accordance with the terms of this Agreement and of
any distribution agreement entered into under clause 5.8.
9.21 The Licensee shall work in close co-operation with Burberry to enhance
the goodwill and reputation of the Burberry Intellectual Property and
the Formulae.
PROVISION OF INFORMATION
9.22 The Licensee shall supply such information and documentation as
Burberry may reasonably request in connection with the development,
production and manufacture of Licensed Products and the Promotion,
Advertising (including advertising expenditure), marketing,
distribution and sale of Licensed Products.
9.23 (A) If the Licensee ceases to be listed on a recognised stock
exchange, the Licensee shall promptly provide full details to
Burberry in writing in respect of (i) the beneficial and legal
ownership of the Licensee and (ii) the directors and
management of the Licensee, each as at the date hereof.
Thereafter the Licensee shall forthwith give Burberry written
notice of:
(i) any material change in the issued share capital of
the Licensee including any change of beneficial or
legal ownership including without limitation each
occasion when a person or persons acting in concert
first hold or cease to hold interests (legal or
beneficial, direct or indirect) in the share capital
of the Licensee, which represent or could represent
ten percent (10%) or more of the issued share capital
of the Licensee, and where any such person or persons
holds any such interest, any increase in such
interest;
(ii) any material change in the directors and/or
management of the Licensee (including, but not
limited to, any material change in the role of or the
departure from the Licensee of the member of its
senior management); and/or
(iii) any other fact matter or thing affecting the Licensee
during the continuance of this Agreement of which the
Licensee is aware and which might materially affect
the interests of Burberry or the performance by the
Licensee of its obligations under this Agreement.
(B) If the Guarantor ceases to be listed on a recognised stock
exchange, the Guarantor shall promptly provide full details to
Burberry in writing in respect of (i) the beneficial and legal
ownership of the Guarantor and (ii) the directors and
management of the Guarantor, each as at the date hereof.
Thereafter the Guarantor shall forthwith give Burberry written
notice of:
(i) any material change in the issued share capital of
the Guarantor, including any change of beneficial or
legal ownership including without limitation each
occasion when a person or persons acting in concert
first hold or cease to hold interests (legal or
beneficial, direct or indirect) in the share capital
of the Guarantor, which represent or could represent
ten percent (10%) or more of
29
the issued share capital of the Guarantor and where
any such person or persons holds any such interest,
any increase in such interest;
(ii) any material change in the directors and/or
management of the Guarantor (including, but not
limited to, any material change in the role of or the
departure from the Guarantor of the member of its
senior management); and/or
(iii) any other fact matter or thing affecting the
Guarantor during the continuance of this Agreement of
which the Guarantor is aware and which might
materially affect the interests of Burberry or the
performance by the Guarantor of its obligations under
this Agreement.
9.24 The Licensee shall notify Burberry of the following information in
writing within 60 days of the end of each Licensed Year:
(A) a list of each person for which the Licensee or a member of
the Licensee's Group acts as a licensee (such persons being
the "Other Licensor");
(B) all other brands in respect of which it or a member of the
Licensee's Group acts as licensee or in any other capacity
from time to time on behalf of Other Licensors, such brands as
at the date of this Agreement being the "Additional Brands";
(C) the duration of the agreements with the Other Licensors; and
(D) the territories in which the Licensee may manufacture and sell
pursuant to the licence agreements with the Other Licensors.
All information received by Burberry pursuant to this clause 9.24 shall
be subject to the provisions of clause 26.
9.25 The Licensee shall not make or give any representations or warranties
in relation to the Licensed Products other than those which are true
and accurate in all material respects.
9.26 The Licensee shall notify Burberry in writing forthwith if:
(A) 5% or more by value calculated by reference to the Actual Net
Wholesale Sales of a particular Licensed Product in any range
of Licensed Products in any six month period are Returned to
the Licensee; or
(B) 10% or more by value calculated by reference to the Actual Net
Wholesale Sales of a particular Licensed Product in any range
of Licensed Products in any six month period are Returned to
any Distributor; or
(C) a material amount of any particular component of any Licensed
Product in any six month period are Returned to an Approved
Contractor.
The Licensee shall provide Burberry with such details as Burberry may
reasonably require in respect of such Returned Licensed Products and
the reason for their return.
30
ACCESS
9.27 The Licensee shall permit Burberry and/or its representatives to have
access to the premises of the Licensee (including without limitation
any Factories) and shall procure that Burberry and/or its
representatives have access to any relevant premises of any Approved
Contractor (including without limitation any Factories) at any time
during business hours, upon reasonable advance notice, to inspect all
the operations of the Licensee and/or any Approved Contractor in
manufacturing and dealing in Burberry Items, to assess the amounts of
the Licensee's and/or Approved Contractors' stocks of Burberry Items
and generally for the purposes of ensuring the compliance of the
Licensee with this Agreement, including without limitation the
conformance of any of the Burberry Items with the required standards of
quality.
COMPLIANCE WITH LAWS
9.28 The Licensee shall at its own expense:
(A) comply in all material respects with all applicable Laws and
similar requirements in the Territory in so far as they relate
to Licensed Products, including without limitation as to their
manufacture, labelling and raw material content, supply,
importation and/or sale and in particular without limitation
labelling as to jurisdiction of origin, product liability,
product safety and cosmetic products legislation;
(B) obtain and maintain in full force and effect all licences,
permissions and consents and comply in all material respects
with all requirements necessary for the importation of any
items provided to the Licensee by Burberry for the purpose of
this Agreement, including but not limited to the payment of
all duties, taxes and other charges;
(C) procure and be able to demonstrate to the reasonable
satisfaction of Burberry that, for the purposes of sales of
Licensed Products in the Territory, if a jurisdiction of
origin label is required under all relevant Laws, business
practices or codes of practice applicable in the relevant part
of the Territory, such Licensed Products shall be manufactured
(and comprise only such components) so as to be able lawfully
to bear a jurisdiction of origin label subject to clause
9.14(B).
9.29 The Licensee shall conform and comply with and shall use its best
endeavours to cause all Approved Contractors and Distributors to
conform and comply with all relevant international and national
conventions and all relevant Laws, rules and regulations relating to
the employment of labour (in particular without limitation child and
forced labour) and employees' terms and conditions of employment and
shall comply with and procure that all Approved Contractors and
Distributors comply with general environmental responsibilities and
good practice.
9.30 The Licensee shall comply in all material respects with all applicable
Laws, rules and notices having the force of law in the Territory and
any codes of practice and regulatory advice (together the
"Regulations") insofar as they relate to the Licensed Products
including, but not limited to, the following:
(A) the Licensee shall hold at the address that appears on the
packaging of the Licensed Product a dossier in respect of each
Licensed Product (the "Dossiers"). The Dossiers
31
shall contain product information including, without
limitation, safety assessment data and details of the
composition of the Licensed Product in question;
(B) the Licensee shall appoint a designated individual who shall
be responsible for preparing, maintaining and up-dating the
Dossiers (the "Designated Individual"). The Licensee shall
notify Burberry within thirty (30) days of the appointment or
replacement of such individual of the name, address and
contact telephone numbers of the current Designated
Individual;
(C) the Licensee shall maintain (i) a proper and appropriate
procedure for monitoring, recording, managing and responding
to all complaints and (ii) a product recall procedure, in each
case to monitor any undesirable effects and adverse reactions
on consumers caused by the Licensed Products (together the
"Procedures"). The Procedures shall specify details of the
individuals within the Licensee's organisation who have been
given overall responsibility for their implementation
including, without limitation, their names and contact
telephone numbers;
(D) the Licensee shall on or before 30 September 2004 provide a
copy of the current Procedures to Burberry for Approval. Any
amendments to such Procedures shall be submitted to Burberry
for Approval;
(E) the Licensee shall review the Procedures regularly and in any
event at least once per Licensed Year; and
(F) the Licensee shall procure that all appropriate safety data
and information shall be sent on a confidential basis to
Poison Control Centres and other relevant authorities as may
be required by any Regulations;
9.31 The Licensee shall within thirty (30) days of receipt of a request from
Burberry (such a request to be made by Burberry no more than once in
each Licensed Year):
(A) certify in writing to Burberry that (i) all Regulations
insofar as they relate to the Licensed Products, the Dossiers
and the Procedures have been complied with; and (ii) all
required registrations, consents, approvals, certifications
and submissions in respect of the Licensed Products, Dossiers
and Procedures have been obtained by the Licensee; and
(B) provide copies of supporting documentation providing evidence
to the reasonable satisfaction of Burberry of such compliance.
9.32 The Licensee shall permit Burberry to inspect all documentation
relating to the Licensed Products including, but not limited to,
Formulae and data at any time during normal business hours, upon
reasonable advance notice, for the purposes of ensuring compliance of
the Licensee with the Agreement and all Regulations and the Licensee
shall grant Burberry access to its premises for the purposes of
permitting Burberry to carry out this inspection. In carrying out such
inspections, Burberry will endeavour to minimise any disruption to the
normal business operations of the Licensee.
32
INSURANCE
9.33 The Licensee shall obtain from a reputable insurance company and
maintain in force product liability insurance for death, personal
injury and property damage in respect of all Licensed Products
sufficient to fully indemnify Burberry and all members of the Burberry
Group in respect of any claim arising whether during the Term or at any
time after the termination of this Agreement. Such insurance shall
provide cover for at least (euro)6,000,000 in respect of any one claim
or such higher amount as shall be recommended by a leading firm of
international insurance brokers having regard to what is customary in
the fragrance industry who shall be informed prior to their appointment
that they are appointed on the basis that they will not be instructed
in respect of obtaining the insurance cover itself. Burberry shall be
named as "loss payee" on every policy of such insurance. Each year on
or before 31 January the Licensee shall supply to Burberry evidence of
such insurance and the payment of all premiums therefor.
INDEMNITY
9.34 The Licensee shall fully indemnify Burberry and keep it indemnified
against all damage, losses, claims, actions, proceedings, demands,
liabilities, costs, damages, compensation, fines, personal injuries
(including death), damage to private property, orders and out-of-pocket
expenses (including, without limitation, reasonable legal and other
professional fees) (hereinafter the "Indemnified Events") to the extent
incurred or suffered by Burberry as a result of the negligence, act or
omission of the Licensee, its Affiliates or its or their employees,
agents and contractors (including Distributors) arising out of or in
connection with this Agreement or to the extent incurred or suffered by
Burberry as a result of the breach by the Licensee or its Affiliates or
its or their employees, agents and sub-contractors of its obligations
and/or warranties under this Agreement save, in any such case, to the
extent that such Indemnified Events are caused by any negligence or
wilful default on the part of Burberry, its employees, agents and
contractors (excluding the Licensee).
MISCELLANEOUS
9.35 The Licensee shall devote sufficient resources (whether in terms of
employees, premises, facilities or otherwise) to fulfil its obligations
under this Agreement in their entirety.
9.36 The Licensee shall not and shall procure that any employee or
representative of the Licensee shall not and shall use all reasonable
endeavours to procure that its Approved Contractors and Distributors
shall not:-
(A) make or attempt to make directly or indirectly any payment or
gift of any description (whether or not such payment or gift
is solicited), except for reasonable business meals as may be
customary in accordance with the relevant locale, to:
(i) any employee or representative of Burberry, or of any
other known member of the Burberry Group or of any of
their respective Affiliates; or
(ii) to any known family relation of any person described
in sub-clause (i) above; or
(B) in any way induce or attempt to induce (whether by means of a
payment of money or otherwise) any employee or representative
of Burberry to conceal from Burberry or to overlook any act,
omission or other circumstances which would amount to a breach
by
33
the Licensee or a Distributor of this Agreement (or a breach
by an Approved Contractor of its Undertaking); or
(C) fail to notify Burberry in writing promptly if the management
of Licensee, its employees or representatives have actual
knowledge that any such employee or representative referred to
in clause 9.36(A) has indicated that he/she may so overlook or
conceal a breach of this Agreement if so induced; or
(D) pay any brokers' fees, bribes, pay-offs, commissions (other
than customary sales commissions or finders' fees in the
ordinary course of business), royalty sharing or the like to
any third party which relates in any way to this Agreement or
the Licensee's relationship with Burberry.
9.37 The Licensee agrees to be bound by the LVMH Agreement and also to use
its best endeavours to procure that the LVMH Agreement is signed by 30
September 2004 by all the parties other than Burberry who are stated to
have obligations under that agreement.
BURBERRY FRAGRANCES
9.38 Certain of the Licensee's obligations under this Agreement will be
performed by Burberry Fragrances. Burberry Fragrances' sole function
will be to perform in whole or in part the Licensee's obligations and
Burberry Fragrances will not provide any services for any other person.
9.39 Burberry Fragrances shall have a dedicated sales and marketing team and
shall outsource such of its obligations as the President of Burberry
Fragrances shall deem appropriate, provided that Burberry Fragrances
shall be entitled to use the production, logistic, accounting,
administrative and other services of the Licensee or the Licensee
Group, as the Licensee deems appropriate.
9.40 The Licensee shall ensure that it employs in Burberry Fragrances at all
times sales and marketing personnel dedicated to developing the
duty-free business.
9.41 The Licensee shall, subject to any recommendation made by Burberry,
propose for Burberry's Approval a person with suitable experience and
expertise in the fragrance business to be the President of Burberry
Fragrances. If Burberry Approves such proposal, the Licensee shall, and
the Guarantor shall procure that the Licensee shall, appoint such
person as is nominated by Burberry to hold the position of President of
Burberry Fragrances. The terms of such appointment (including, without
limitation, remuneration incentives and principal place of work if the
principal place of work is to be other than Paris) shall be subject to
Approval by Burberry.
9.42 Subject to the applicable laws of the principal place of work, the
Licensee shall not dismiss or reassign the President of Burberry
Fragrances without the Approval of Burberry and Burberry shall be
entitled to require by notice to the Licensee that any President of
Burberry Fragrances is dismissed and another person is appointed in
his/her place within six months of the date of Burberry's notice. The
Licensee shall provide Burberry with all information requested by
Burberry in respect of the circumstances surrounding any requested
dismissed or reassignment of the President of Burberry Fragrances. The
Licensee shall indemnify and keep Burberry indemnified against all
costs, claims, demands, losses, damages and
34
expenses arising from any claim brought directly against Burberry by
any proposed, current or former President of Burberry Fragrances, save,
in any such case, to the extent that such indemnified events are
directly caused by any negligence or wilful default on the part of
Burberry, its employees, agents and contractors (excluding the
Licensee).
9.43 The President of Burberry Fragrances shall be the principal point of
contact for Burberry with Burberry Fragrances and such person shall
devote all of his/her time to the development of the Licensee's
business in respect of the Licensed Products. Notwithstanding anything
to the contrary the President of Burberry Fragrances shall report, and
shall be subordinate to, the President of the Licensee, provided that
the President of the Licensee shall not give directions to the
President of Burberry Fragrances which are inconsistent with the terms
of the President of Burberry Fragrances' appointment and his/her role
and responsibilities. The responsibilities and role of the President of
Burberry Fragrances are set out in schedule 5.
9.44 For the avoidance of doubt the provisions of clause 9.38 to 9.43 and
any recommendation or any Approval given by Burberry pursuant to it
shall not limit, reduce or exclude the Licensee's or the Guarantor's
liability under this Agreement.
10. LICENCE FEES
CALCULATION OF LICENCE FEE
10.1 In consideration of the Licence Rights granted by Burberry and the
obligations undertaken by Burberry under this Agreement, the Licensee
shall pay to Burberry :
(A) on or before 31 December 2004 the sum of (euro)3,000,000 as an
inducement for Burberry to enter into this Agreement which,
for the avoidance of doubt, is payable in addition to the
Licence Fee; and
(B) subject to clause 14.1 from the Effective Date, the Licence
Fee, which shall be calculated by multiplying the Actual Net
Wholesale Sales in each Month by
[-----------------------------------](5) ("Calculation A"),
save that, in respect of the Other Markets only, the parties
may agree to calculate the Licence Fee by reference to the
Ex-Factory Price of the Licensed Products sold in such Other
Markets ("Calculation B"). The parties shall:
(1) within 150 days of the Effective Date, in respect of
the first Licensed Year; and
(2) by no later than 90 days prior to the beginning of
each Licensed Year, in respect of subsequent Licensed
Years,
agree whether Calculation A or Calculation B shall apply in
respect of the Licence Fee in the Other Markets in the next
following Licensed Year and, if Calculation B is chosen, the
method and criteria applied and data used in such calculation.
If the parties fail to agree within the time limits set out
above, Calculation A shall apply.
------------------
(5) CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SEC WITH
A REQUEST FOR CONFIDENTIAL TREATMENT BY INTER PARFUMS, INC. NO.
10.111:5.
35
10.2 The Licence Fee shall become due on the last day of each Month provided
that the Licence Fee shall not be payable by the Licensee in respect of
Licensed Products which have been Returned to the Licensee by a
Distributor or Retailer.
10.3 Estimated Monthly Licence Fee
The Estimated Monthly Licence Fee shall become due at the end of each
Month and be payable to Burberry within 30 days after the end of each
Month, provided that the Estimated Monthly Licence Fee for the period
from the Effective Date until the date of signature of this Agreement
shall be payable to Burberry within 30 days after the end of the Month
in which the date of signature of this Agreement falls. Except as
provided in clause 10.5 below, each Monthly payment shall be made
without any deduction or set off of any kind.
10.4 Six-Monthly and Annual Reconciliation
(A) In respect of the Major Markets, the Licensee shall, within 45
days of the end of every six Month period (the first such
period commencing on the Effective Date, and ending on 31
December 2004) pay to Burberry an amount representing the
difference between the Estimated Monthly Licence Fee paid
during such six Month period and the Licence Fee due and
payable for such six Month period.
(B) In respect of the Other Markets, the Licensee shall, within 45
days of the end of each Licensed Year, pay to Burberry an
amount representing the difference between the Estimated
Monthly Licence Fee paid during the Licensed Year and the
Licence Fee due and payable for such Licensed Year, such
Licence Fee to be calculated with reference to clause 10.1 to
10.3 inclusive.
10.5 At the same time as delivery of an Annual Account to Burberry, the
Licensee shall pay the Licence Fee shown to be due by such Annual
Account, without any deduction or set off of any kind, if and to the
extent that it has not already then been paid together with interest
thereon calculated in accordance with clause 10.12. In the event that
the Annual Account in respect of any Licensed Year discloses that the
Licence Fee paid by the Licensee in respect of that Licensed Year under
clause 10.1 exceeds the Licence Fee which was correctly required to be
paid under this Agreement in respect of such Licensed Year, Burberry
shall credit to the Licensee the amount of such excess, which credit,
at the option of the Licensee:
(A) may be applied by the Licensee so as to reduce the Licensee's
Monthly payments of Estimated Licence Fees in respect of the
next following Licensed Year (if any); or
(B) will be refunded in full to the Licensee within thirty (30)
days of such request.
Except as provided above Burberry shall have no obligation to credit or
refund to the Licensee any overpayment of Licence Fee.
MINIMUM LICENCE FEES AND ACTUAL NET WHOLESALE SALES
10.6 In the event that the Licence Fee paid by the Licensee to Burberry in
any Licensed Year ("Received Fee") is less than the Minimum Licence
Fee, the Licensee shall remit to Burberry within ninety (90) days of
the later of the end of such Licensed Year or such date that the
36
difference between the Received Fee and the Minimum Licence Fee for
such Licensed Year has been determined.
10.7 If the aggregate of the Actual Net Wholesale Sales from 1 January 2008
until 31 December 2008:
(A) in respect of Licensed Products is less than
[---------------------](6) (subject to indexation in
accordance with clause 10.9 below); or
(B) in respect of those Licensed Products described in paragraph C
of schedule 2 ("Men's and Women's Skin Care Products") is less
than [-----------------------](7) (subject to indexation in
accordance with clause 10.9 below),
Burberry shall, with effect from 31 December 2009, be entitled, by
giving at least nine months' notice expiring on or before 31 December
2009, to terminate this Agreement (in respect of (A) above) or the
Licence Rights for Men's and Women's Skin Care Products (in respect of
(B) above).
10.8 If the aggregate of the Actual Net Wholesale Sales from 1 January 2012
until 31 December 2012:
(A) in respect of Licensed Products is less than
[------------------------](8) (subject to indexation in
accordance with clause 10.9 below); or
(B) in respect of Men's and Women's Skin Care Products is less
than [------------------------](9) (subject to indexation in
accordance with clause 10.9 below),
Burberry shall, with effect from 31 December 2013, be entitled, by
giving at least nine months' notice expiring on or before 31 December
2013, to terminate this Agreement (in respect of (A) above) or the
Licence Rights for Men's and Women's Skin Care Products (in respect of
(B) above).
10.9 The Minimum Licence Fee, the Minimum Net Wholesale Sales and the
figures set out in clauses 10.7 and 10.8 (as the same may have been
previously increased pursuant to this clause 10.9) shall be increased
in each Licensed Year for inflation by taking into account the increase
in the Index from the Index last published in the previous Licensed
Year (or, in respect of the first Licensed Year, the Index last
published in the calendar year prior to the first Licensed Year ("Base
Index") but only if the Index increases in such Licensed Year by
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more than [----](10) and the first [-----](10) of any such increase in
any Licensed Year shall be disregarded for the purposes of this clause
10.9. The adjustment shall be accomplished by multiplying the relevant
amount, by a fraction, the numerator of which shall be the Index last
published prior to the end of the relevant period and the denominator
of which shall be in each instance the Base Index. There shall be no
decrease of such amounts in the case of deflation.
PAYMENT DETAILS
10.10 All Licence Fees, and other amounts due to Burberry under this
Agreement shall be exclusive of value added tax, sales tax, use tax or
any and all other similar taxes which shall be paid by the Licensee to
Burberry at the applicable rate in addition to such amounts, except to
the extent that the Licensee satisfies Burberry that the conditions are
met for the relevant supply to be outside the scope of such tax.
Accordingly, the Licensee shall notify Burberry immediately if it has
or establishes a place of business or fixed establishment within the
European Union at which any rights licensed under this Agreement are or
are to be used or to which any of such rights are supplied or may be
supplied.
10.11 All payments which are to be made by the Licensee to Burberry under
this Agreement whether they be Licence Fees or otherwise shall be made
in Euros and shall be paid:
(a) by telegraphic transfer into Burberry's bank account at Lloyds
TSB Bank plc, City Office, XX Xxx 00, Xxxxxx Xxxxx, Xxxxxxxxxx
Xxxxxxxx Xxxx, Xxxx XX0 0XX or such other account as Burberry
may nominate in writing from time to time and at the same time
the Licensee shall fax a copy of the payment slip to the
Authorised Business Representative; or
(b) if requested by Burberry by remittance of a bankers draft to
Burberry at 00-00 Xxxxxxxxx Xxxxxx XX0X 0XX (or such other
address as Burberry may from time to time notify to the
Licensee) marked for the attention of the Authorised Business
Representative and a copy thereof shall be sent to the
Authorised Legal Representative.
10.12 Interest shall accrue on all sums due from the Licensee to Burberry and
outstanding beyond the date of payment specified in this Agreement.
Such interest shall accrue:
(A) at the rate of [-------------------](11) per annum above the
base rate for pounds sterling of Lloyds TSB Bank Plc (or such
other major UK bank as Burberry may from time to time
designate in writing) from time to time in effect; and
(B) on a daily basis both before and after any judgment of any
court of law.
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CURRENCY
10.13 (A) The Estimated Licence Fee and the Licence Fee shall always be
paid in euros ("Euro Amount").
(B) The Euro Amount shall be calculated as follows :
(1) if the Actual Net Wholesale Sales are made in any
currency other than pounds sterling ("Other
Currency"), the Licence Fee shall be calculated in
the relevant Other Currency and converted into pounds
sterling at the relevant Other Currency's Due Mid
Market Rate (the "Sterling Amount"); and
(2) the Licensee shall convert the Sterling Amount
referred to in clause 10.13(B)(1) above into euros at
the Payment Mid Market Rate on the date it pays.
(C) The Euro Amount for the Estimated Monthly Licence Fee shall be
calculated as follows :
(1) If the Estimated Major Market Sales and Estimated
Other Market Sales are determined in an Other
Currency, the Estimated Monthly Licence Fee shall be
calculated in the relevant Other Currency and
converted into the Sterling Amount at the relevant
Other Currency's Due Mid Market Rate; and
(2) The Licensee shall convert the Sterling Amount
referred to in clause 10.14(C)(1) above into euros at
the Payment Mid Market Rate on the date it pays.
(D) The amount payable in respect of the Actual Net Wholesale
Sales of sales made in the Other Markets (except in the case
of sales made in any jurisdiction falling within the Other
Markets where the Licensee receives an account of such sales
at the end of each Month for the sales made in that Month)
shall be converted into the Sterling Amount at the end of the
Quarter in which the relevant sales are made and the Licensee
shall convert the Sterling Amount into euros at the Payment
Mid Market Rate prior to the date it pays the Licence Fee.
(E) For the purposes of this clause 10.13:
(1) "Payment Mid Market Rate" means the relevant
currency's mid market rate as determined by reference
to the exchange rate published in the London
Financial Times on the last Working Day prior to the
date the Licensee pays the Licence Fee or Estimated
Monthly Licence Fee (as the case may be) or, in the
case of clause 10.13(D) above, the amounts referred
to in clauses 10.5, 10.6 and 10.12; and
(2) "Due Mid Market Rate" means the relevant currency's
mid market rate as determined by reference to the
exchange rate published in the London Financial
Times:
(a) on the last Working Day prior to the date on
which the relevant payment first became due
for Licence Fees calculated on a Monthly
basis and for Estimated Monthly Licence
Fees; and
39
(b) the last Working Day prior to the end of the
Quarter for Licence Fees calculated
Quarterly.
11. REPORTING AND ACCOUNTING
11.1 The Licensee shall, within thirty (30) days after the last day of each
Month send by facsimile transmission or email, to be followed by a hard
copy sent by post to Burberry at St Albans House, 00 Xx Xxxxxx Xxxxxx,
Xxxxxx, XX0X 0XX (or such other address as Burberry shall from time to
time specify in writing) marked for the attention of the Authorised
Business Representative, a full and accurate account in respect of that
Month (the "Monthly Account") in writing certified as correct by the
Chairman, President, Chief Executive Officer or Chief Financial Officer
of the Licensee. The Monthly Account shall set out those details of the
Licensee's activities which are described in appendix A as being
reportable on a Monthly basis
11.2 The Licensee shall, within thirty (30) days after the last day of each
Quarter, send by facsimile transmission or email, to be followed by a
hard copy sent by post to Burberry at St Albans House, 00 Xx Xxxxxx
Xxxxxx, Xxxxxx, XX0X 0XX (or such other address as Burberry shall from
time to time specify in writing) marked for the attention of the
Authorised Business Representative, a full and accurate account in
respect of that Quarter (the "Quarterly Account") in writing certified
as correct by the Chairman, President, Chief Executive Officer or Chief
Financial Officer of the Licensee. The Quarterly Account shall set out
those details of the Licensee's activities which are described in
appendix A as being reportable on a Quarterly basis and every other
Quarterly Account shall also set out those details of the Licensee's
activities which are described in appendix A as being reportable on a
semi-annual basis.
11.3 The Licensee shall within ninety (90) days after the end of each
Licensed Year deliver to Burberry (marked for the attention of the
Authorised Business Representative) a full and accurate account in the
format of the Quarterly Account unless otherwise specified by Burberry
from time to time (the "Annual Account") specifying in respect of such
information in relation to Licensed Products manufactured and/or
Returned and/or sold during such Licensed Year as is required in
respect of Quarterly Accounts under clause 11.2 and details and
documentary proof of all amounts actually spent in respect of
Advertising and Promotional Activities. The Licensee shall also deliver
with the Annual Account the documentary evidence referred to in
appendix A. Each Annual Account shall be certified as correct by:
(A) the Chairman, President, Chief Executive Officer or Chief
Financial Officer of the Licensee; and
(B) one of the four largest international firms or an Approved
firm of certified public accountants (and, for the purposes of
this clause 11.3 any accounting firm that is a nationally
recognised firm in France and regarded as an auditor to French
publicly traded companies or a member of, and in good standing
with the U.S. Public Company Accounting Oversight Board is
Approved);
and in the event of any inconsistency between the Annual Account and
the Quarterly Accounts for the Licensed Year in question, the Annual
Account shall prevail.
40
11.4 Within ninety (90) days of the termination of this Agreement (or, where
there is a Sell-Off Period, the termination of such Sell-Off Period),
the Licensee shall submit an account (the "Final Account") to Burberry
in respect of the period from the date of the last Annual Account up to
the date of termination. The Final Account shall be prepared in
accordance with the requirements of this Agreement applicable to Annual
Accounts.
11.5 The Licensee shall for seven years from the date of their creation:
(A) keep, and use its reasonable endeavours to procure that all
Approved Contractors and Distributors shall at all times keep,
in accordance with generally accepted accounting principles
applicable to the relevant party complete and accurate (in all
material respects) books and records in a form (computerised
or otherwise) which is readily retrievable and easily
interpreted relating to all of the dealings of the Licensee or
such Approved Contractor or Distributor in relation to any
Licensed Products and other Burberry Items, including without
limitation but to the extent relevant to the party in question
as to:
(i) all purchases and sales or other disposals or
dealings by the Licensee, any Approved Contractor or
Distributor of all and any Licensed Products and
other Burberry Items;
(ii) all Burberry Items manufactured by the Licensee
and/or any Approved Contractor;
(iii) production, manufacturing and distribution records;
(iv) the Licensee's, Approved Contractors' and
Distributors' labour practices and environmental
obligations and corresponding compliance with all
relevant Laws;
(v) the number of Licensed Products and other Burberry
Items held in stock by the Licensee, Approved
Contractors and Distributors;
(vi) copies of all Quarterly Accounts and Annual Accounts
and supporting documentation in respect thereof;
(vii) if the party's accounts were audited, copies of its
audited accounts for the previous two (2) years;
(viii) if the party's accounts were audited, working papers
that support the key balances included on each set of
audited accounts including, without limitation, an
analysis of stock held as at the date of the accounts
(by product line identifying the stock of Burberry
Items held) and an analysis of sales and cost of
sales of Licensed Products;
(ix) management accounts for each Quarter;
(x) stock and production records for all transactions
relating to the Licensed Products;
41
(xi) standard costing sheets agreed with contractors for
transactions relating to the Licensed Products;
(xii) list of Approved Contractors, Distributors and
Retailers and copies of all contracts with such
Approved Contractors and Distributors;
(xiii) purchase records for all transactions relating to the
Licensed Products or raw materials therefor,
including without limitation, invoices, statements
and goods received notes;
(xiv) sales records including without limitation invoices,
statements and despatch records; and
(xv) copies of all brochures and price lists relating to
the Licensed Products; and
(B) procure that Burberry and/or its employees, agents or
professional advisers are permitted with respect to the
Licensee, and to use reasonable commercial endeavours with
respect to its Approved Contractors and Distributors during
normal business hours and upon reasonable advance notice, to
inspect and make and retain copies of such books and records
as are referred to at clause 11.5(A) and all and any other
books of account and business records as are kept by the
Licensee, any Approved Contractor and/or any Distributor which
relate to the Burberry Items, that Burberry and/or such
employees, agents or professional advisers are given such
access to the Licensee's, any such Approved Contractor's
and/or Distributor's employees and auditors as is required in
order to interview the same for the purposes of gaining access
to, interpreting and/or verifying such books and records, and
that full co-operation is given by the Licensee, any such
Approved Contractor and Distributor and their employees and
auditors in relation to any such inspection and/or interview
and that Burberry and/or such employees, agents or
professional advisors are given access to the Licensee's
Approved Contractors' and Distributors' premises at which
Licensed Products and/or other Burberry Items are stored in
order to establish the number of such items held in stock.
11.6 If any such investigation as is described in clause 11.5(B) shows that
the relevant Account(s) rendered by the Licensee had underestimated the
Licence Fees due to Burberry then any underpayment shall be paid
forthwith on Burberry's demand or, if Burberry so agrees, together with
the next Quarterly payment of Licence Fees, together with interest
thereon calculated in accordance with clause 10.12, and in the event
that the amount of such underpayment in respect of any Quarter exceeds
3% (three per cent) of the Licence Fee found to be payable in respect
of that Quarter or in the event that the documents and information
referred to in clause 11.5(A) above have not been maintained and
retained by the Licensee and made available to Burberry and/or its
employees, agents or professional advisors in accordance with clause
11.5(B) the Licensee shall in addition pay to Burberry on demand the
cost of and expenses incurred in connection with such investigation on
a full indemnity basis. If any such investigation as is described in
clause 11.5 shows that the relevant Account(s) rendered by the Licensee
had overestimated the Licence Fees due to Burberry, then any
overpayment shall be credited to the Licensee and dealt with as
described in clause 10.5. The results of any such investigation shall
be final and binding upon the parties if:
42
(A) the investigation was conducted by one of the four largest
international firms of certified public accountants;
(B) the Licensee was given the opportunity to discuss with such
firm the conduct and results of its investigation and such
firm considered the Licensee's view expressed in such
discussion in good faith; and
(C) such firm conducted its investigation on an independent and
objective basis.
11.7 The Licensee shall supply to Burberry a copy of:
(A) its audited accounts as soon as such accounts are circulated
to its shareholders; and
(B) its tax return as soon as it is filed with the relevant
authorities in accordance with French law.
12. DEFECTIVE STOCK
12.1 The Licensee shall provide to Burberry within 120 days after the end of
each Licensed Year details of the nature and quantities of Defective
Stock, and the amount that has been destroyed during such period.
12.2 The Licensee shall destroy and shall procure that the members of the
Licensee's Group and the Distributors shall destroy all Defective
Stock. Any such destruction shall be witnessed and verified by an
independent observer (or at Burberry's request by such nominee in that
part of the Territory as Burberry shall from time to time nominate) and
shall be carried out in accordance with the Environmental and Social
Policy. The Licensee shall procure that the members of the Licensee's
Group and Distributors shall not sell, transfer or otherwise dispose of
such Defective Stock.
13. PRODUCT RECALL
13.1 Burberry shall be entitled at any time in respect of any Licensed
Product to require that:
(A) the Licensee withdraws and undertakes to use its best
endeavours to ensure that all Distributors and Retailers
withdraw all Licensed Products from sale as soon as possible
and in any event to commence such withdrawal within 24 hours
of a written notice of such requirement of Burberry in the
event that any Licensed Product does not comply with its
specifications, any Laws or any requirements under this
Agreement (the "Notice"); and
(B) the Licensee withdraws and uses its best endeavours to ensure
that all Distributors and Retailers complete the withdrawal of
all the Licensed Products from the premises of all Retailers
and Distributors within 48 hours of the Notice;
(C) the Licensee fully complies with and uses its best endeavours
to ensure that the Distributors and Retailers fully comply
with any product recall Procedures that have been Approved by
Burberry in respect of the Licensed Products that are the
subject of the Notice; and
43
(D) in the event of any failure to comply in all material respects
with the provisions of clauses 13.1(A), 13.1(B) or 13.1(C)
such failure shall constitute material breach of this
Agreement by the Licensee.
14. SUPPLY OF LICENSED PRODUCTS TO BURBERRY AND ITS GROUP
14.1 At the beginning of each Licensed Year the Licensee shall supply
Burberry free of charge with such number of sets of samples as
reasonably requested by Burberry for use at the Burberry Group's and
Burberry Agents' showrooms which are representative of the Licensed
Products to be offered for sale in that Licensed Year. In addition, the
Licensee shall supply to Burberry such further Licensed Products as may
from time to time reasonably be requested by Burberry for use as
samples at no charge. The Licence Fee shall not be payable in respect
of such Licensed Products.
14.2 Any category or type of Licensed Product offered by the Licensee to any
Retailer or Distributor shall also be offered for sale to the Burberry
Group (including without limitation for the purposes of this clause
14.2 to any third party which operates a Burberry Store from time to
time), it being understood and agreed that the Licensee or its
Subsidiaries may not offer any Licensed Product for sale to any
Retailer or Distributor unless such Licensed Product is
contemporaneously offered to the Burberry Group and the Licensee
complies with this clause 14. All promotional and discount offers ("P&D
Offers") relating to Licensed Products shall be offered to the Burberry
Group at the same time as or before they are offered to any Retailer or
Distributor. Upon the request of Burberry the Licensee shall provide
Burberry with a list of all such P&D Offers offered during the 12
months prior to the request.
14.3 Burberry and any member of the Burberry Group (which term shall, for
the purpose of this clause 14.3 only, include any third party which
operates a Burberry Store from time to time) shall be entitled to place
orders for the purchase of Licensed Products for resale at any Burberry
Store or Burberry Website. The Licensee or its Subsidiaries shall
promptly fulfil such orders (or shall procure that a Distributor shall
promptly fulfil such orders) at a price which is the List Price
applicable in the geographical market of the relevant member of the
Burberry Group minus a discount of [-----](12). If the discount
practices of the Licensee and/or the Distributors change from the
levels customarily given at the date of this Agreement so that greater
discounts are given either directly or indirectly the level of discount
shall be increased from [-----](12) to such higher number as shall be
reasonably determined by Burberry. For the avoidance of doubt, the
Licence Fee shall be payable in respect of all such Licensed Products.
14.4 Because of the overriding needs of Burberry Stores for sufficient
quantities of Licensed Products when and as needed, any order for
Licensed Products placed with the Licensee by a member of the Burberry
Group will have priority over any other order and shall be
manufactured, shipped and delivered no later than shipment or delivery
of any contemporaneous or subsequent orders for Licensed Products from
other customers of the Licensee, unless any such member of the Burberry
Group shall request a later delivery of its order.
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14.5 All supplies of Licensed Products by the Licensee to Burberry or any
member of the Burberry Group pursuant to either of clauses 14.2 or 14.3
or otherwise under this Agreement shall take place on the standard
terms of purchase of Burberry or the relevant member of the Burberry
Group current at the date of the relevant order, a copy of which terms
will on request be provided to the Licensee.
15. ADVERTISING AND MARKETING
15.1 The parties agree that, notwithstanding the termination of the Original
Licence Agreement and its replacement with this Agreement, the
provisions of clauses 11.1 and 11.2 of the Original Licence Agreement
shall continue to have effect from the Effective Date up to and
including 31 December 2004.
With effect from 1 January 2005 and for the remainder of the term of
this Agreement, the Licensee shall spend the following in respect of
Advertising and Promotion in accordance with clause 15.3:
(A) in respect of Launch Products the Advertising and Promotion
expenditure shall be calculated on a Geographical Region by
Geographical Region basis so that in each Geographical Region
of the Territory, it shall be:
(1) in the first six months of the Advertising and
Promotion of a Launch Product in such Geographical
Region, [-----](13) of the aggregate value of the
Projected Sales for the first six months of sales of
such Launch Product in that Geographical Region; and
(2) in the second six months of the Advertising and
Promotion of a Launch Product in such Geographical
Region, [-----](14) of the aggregate value of the
Projected Sales for the second six months sales of
such Launch Product in that Geographical Region.
The aggregate of the amounts to be spent on Advertising and
Promotion in all of the Geographical Region of the Territory
pursuant to clauses 15.1(A)(1) and 15.1(A)(2) shall for the
purposes of this clause 15.1 hereinafter be referred to as the
"Aggregate Spend". If the expenditure for any Geographical
Region becomes less than the amount stipulated under clauses
15.1(A)(1) or 15.1(A)(2) above (as applicable)(the
"Threshold"), the Licensee must spend the difference between
the Threshold and the actual Advertising and Promotion
expenditure in the relevant Geographical Region in such other
Geographical Region or Geographical Regions as it may choose
provided that at all times the Licensee spends no less than
the Aggregate Spend in the Territory.
For the purposes of clause 15.1(A), "Geographical Region"
means one of the following:
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(i) Europe;
(ii) United States of America and Canada;
(iii) South America;
(iv) Asia Pacific; and
(v) Any other geographical areas or countries in the
Territory other than those listed in (i), (ii), (iii)
or (iv) above,
and, in case of any doubt as to whether a particular
geographical area or a country should fall in any one of (i),
(ii), (iii), (iv) or (v) above due to its geographical
location, Burberry has discretion, which it shall exercise
reasonably, in allocating that particular geographical area or
a country into one of the Geographical Regions.
(B) in respect of all other Licensed Products for each Licensed
Year of this Agreement, [----](15) of the aggregate value of
the Projected Sales for such Licensed Products in the Business
Plan; and
(C) [------](16) of the expenditure in clause 15.1(A)(1) and
15.1(A)(2) and [------](17) of the expenditure in clause
15.1(B) and the Supplementary Advertising Spend in clause 15.2
shall be spent on Direct Production Costs and Advertising.
15.2 (A) If the Actual Net Wholesale Sales in respect of Licensed
Products in any Licensed Year are greater than the Projected
Sales for that Licensed Year, the difference between the
amount actually spent on Advertising and Promotion in that
Licensed Year and the amount that would have been spent had
the Advertising expenditure been calculated by reference to
the Actual Net Wholesale Sales (the "Supplementary Advertising
Spend") shall be used to fund additional Advertising
expenditure in the next following Licensed Year. Such
Supplementary Advertising Spend shall be in addition to the
Advertising expenditure calculated in accordance with clause
15.1 above for that Licensed Year.
(B) If the Actual Net Wholesale Sales are greater than Projected
Sales for the final Licensed Year, the Licensee shall pay the
Supplementary Advertising Spend to Burberry within 7 days of
the date of termination of this Agreement.
(C) Subject always to the provisions of clauses 15.2(D) and 15.2
(E) below if the Actual Net Wholesale Sales in any Licensed
Year are less than the Projected Sales for that
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Licensed Year, the Licensee shall be entitled to deduct
[----](18) of the difference between the amount actually spent
on Advertising and Promotion in any such Licensed Year and the
amount that should have been spent by reference to Actual Net
Wholesale Sales in any Licensed Year from the amount spent on
Advertising and Promotion in the next following Licensed Year.
(D) No deduction can be made pursuant to clauses 15.2(C) that
results in the amount spent on Advertising and Promotion of
Licensed Products being less than [----](19) of the amount
that should have been spent pursuant to clause 15.1.
(E) In addition to clause 15.2(D), no deduction can be made
pursuant to clause 15.2(C) for a Licensed Year if the Actual
Net Wholesale Sales for the Licensed Year preceding such
Licensed Year is less than the Minimum Net Wholesale Sales for
such preceding Licensed Year.
15.3 The Licensee shall, and shall procure that any third party appointed by
it shall, carry out all Advertising and Promotional Activities in
respect of the Licensed Products in full consultation with Burberry and
subject to Burberry's Approval and the Licensee shall not Advertise or
Promote the Licensed Products in any manner without Approval as to the
form and content of the Advertisement or Promotion and the particular
manner in which the Advertisement or Promotion is to be published or
otherwise presented to potential customers (which Approvals as are
described in this clause 15.3, for the avoidance of doubt, shall be in
addition to Approval of any Business Plan given pursuant to clause 8.2
above) and generally all Advertising and Promotion of the Licensed
Products shall be carried out in a tasteful and appropriate manner and
not in any way which might detrimentally affect Burberry's reputation
for high quality prestige products. Without prejudice to the foregoing:
(A) where in conjunction with the Advertising or Promotion of the
Licensed Products the Licensee wishes to display, feature or
use in any way any other products of any description, where
either Burberry or any licensee of Burberry manufactures
and/or sells those products bearing Burberry Intellectual
Property, the Licensee shall only display, feature or use
those products; and
(B) where the Licensee participates in trade shows the Licensee
shall;
(i) only display the Licensed Products in an area clearly
identified as "Burberry";
(ii) not display the Licensed Products (in the area
clearly defined as "Burberry") with any products
which do not feature any Burberry Intellectual
Property; and
(iii) use any fixtures provided by Burberry from time to
time and otherwise use fixtures which are of an
appropriate standard for the Licensed Products.
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15.4 The Licensee shall engage such advertising agency or agencies as
Burberry may from time to time Approve, save that in respect of the
United Kingdom, France, Italy, Spain, Germany, U.S.A., Canada, Japan,
China and Korea, the Licensee shall use such advertising agency or
agencies as Burberry shall direct taking account of the Licensee's
written comments on the quality and cost of such agencies.
15.5 The Licensee agrees, upon the reasonable request of Burberry, to
participate at the Licensee's expense in Promotional Activities jointly
with Burberry and other licensees, including, without limitation, trade
shows, fashion shows and special events in which Burberry chooses to
participate and such expenditure shall be included in the expenditure
referred to in clause 15.1.
15.6 Subject to clause 15.7, the Licensee shall, if so requested by
Burberry, include in any Advertisement or Promotion at no cost to
Burberry other products bearing Burberry Intellectual Property produced
by or on behalf of Burberry provided that Burberry reasonably considers
such products to be complementary to the Licensed Products.
15.7 For the avoidance of doubt Burberry shall be entitled to make it a
condition of any Approval given in respect of this clause 15 that the
Licensee uses photographs, models, photographers, campaigns and other
images and materials provided by Burberry.
15.8 The Licensee shall supply to Burberry free of charge such number of
Licensed Products as reasonably required by Burberry from time to time
for Promotional or Advertising purposes including, without limitation,
for distribution at public, charity and media events.
15.9 GWPS AND TESTERS
15.9.1 GWPS
(A) Subject to clauses 15.9.1(C) and 15.9.1(D) below, GWPs shall
only be disposed of by the Licensee to Retailers, by
Distributors to Retailers and by Retailers to consumers as a
free promotional item with the sale of Licensed Products which
are Products.
(B) If Burberry reasonably believes that any Retailer has sold or
is likely to sell GWPs for money or money's worth, Burberry
shall be entitled to withdraw immediately its Approval of such
Retailer.
(C) If GWPs are sold for money or money's worth by the Licensee to
Retailers or by Distributors or Retailers to other
Distributors or Retailers, as the case may be, a Licence Fee
shall be payable on such GWPs, which shall be calculated by
multiplying a notional price for such GWPs (reasonably
determined by Burberry) by [-----](20).
(D) The Licensee may only sell GWPs to Distributors without paying
a royalty, if such GWPs are sold, for money or moneys worth,
for an amount no greater than the manufacturing cost price of
such GWPs plus [-----](21) ("GWP Distributor Cost"). In the
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48
event that GWPs are sold by the Licensee to Distributors, for
money or moneys worth, for an amount greater than the GWP
Distributor Cost ("Actual Sale Price"), the Licensee will pay
Burberry [------](22) of the difference between the Actual
Sale Price and the GWP Distribution Cost as a royalty ("GWP
Royalty"), so that where:
A = GWP Distributor Cost
B = Actual Sale Cost
R = GWP Royalty
R = [-----](23) x (B - A).
The GWP Royalty will be paid every six months, with the first
GWP Royalty payment being due on the 31 December 2004 and then
every 30 June and 31 December thereafter and shall be payable
within 30 days of such date. The provisions of clauses 10.10,
10.11, 10.12 and 10.13 shall apply, and the provisions of
clause 11 shall apply mutatis mutandis, to such GWP Royalty.
(E) For the purposes of clause 15.9.1, GWPs shall be deemed to be
Advertising and Promotional Expenditure and have a value of no
more than the manufacturing cost price of such GWPs and
Testers plus [-----](24).
15.9.2 TESTERS
(A) Subject to clauses 15.9.2(C) and 15.9.2(D) below, Testers
shall only be disposed of by the Licensee to Retailers, by
Distributors to Retailers and by Retailers to consumers as a
free promotional item with the sale of Licensed Products which
are Products.
(B) If Burberry reasonably believes that any Retailer has sold or
is likely to sell Testers for money or money's worth, Burberry
shall be entitled to withdraw immediately its Approval of such
Retailer.
(C) If Testers are sold for money or money's worth by the Licensee
to Retailers or by Distributors or Retailers to other
Distributors or Retailers, as the case may be, a Licence Fee
shall be payable on such Testers, which shall be calculated by
multiplying a notional price for such Testers (reasonably
determined by Burberry) by [----](25).
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(24) CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SEC WITH
A REQUEST FOR CONFIDENTIAL TREATMENT BY INTER PARFUMS, INC. NO.
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49
(D) If Testers are sold by the Licensee for money or money's worth
to Distributors a royalty shall be payable on such sales of
Testers, which shall be calculated by multiplying the actual
total price (being the actual price payable by the
Distributors in respect of such sales) of such Testers by
[-----](26) (the "Tester Royalty"). The Tester Royalty will be
paid every six months, with the first Tester Royalty payment
being due on the 31 December 2004 and then every 30 June and
31 December thereafter and shall be payable within 30 days of
such date. The provisions of clauses 10.10, 10.11, 10.12 and
10.13 shall apply, and the provisions of clause 11 shall apply
mutatis mutandis, to such Tester Royalty.
(E) For the purposes of clause 15.9.2, Testers shall be deemed to
be Advertising and Promotional Expenditure and have a value of
no more than the manufacturing cost price of such Testers plus
[-----](27).
16. WARRANTIES AND COMPLIANCE
16.1 The Licensee warrants and represents that the information it has
provided concerning the management of, the control of and the legal and
beneficial ownership of the issued share capital of the Licensee as at
the Effective Date and all family interests and influence in respect of
such management, control and/or ownership was when given and is now
accurate and complete in all material respects and there are no
omissions from such information which render such information
misleading in any material respect.
16.2 The rights granted under this Agreement are granted to the Licensee
only and no member of the Licensee's Group shall be entitled to
exercise the rights granted to the Licensee except Subsidiaries who are
Distributors to the extent necessary to perform their role as
distributor. In addition without prejudice to the foregoing the
Licensee shall procure that no company within the Licensee's Group does
anything which if done by the Licensee would be contrary to the
Licensee's obligations in this Agreement.
16.3 Without prejudice to the Licensee's obligations and Burberry's right
and remedies under this Agreement, Burberry may request the Licensee at
any time:
(A) to confirm in writing signed by the Chairman, President, Chief
Executive Officer or Chief Financial Officer of the Licensee
that it is not in breach of any of the terms and conditions of
this Agreement; and
(B) to undertake in writing signed by the Chairman, President,
Chief Executive Officer or Chief Financial Officer of the
Licensee to continue to comply with all the terms and
conditions of this Agreement,
and any such confirmation and undertaking shall be provided by the
Licensee within 30 (thirty) days of such request.
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(27) CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SEC WITH
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50
17. INTELLECTUAL PROPERTY
17.1 All Intellectual Property Rights subsisting in any Licensed Products,
Formulae and/or all Advertising and Promotional Materials (except that
where such materials are created by third parties clause 17.18 shall
apply) created and/or used in respect of the Licensed Products
including (but not limited to):
(A) copyright and design right or similar rights in:
(i) the Licensed Products (including without limitation
all external and internal features thereof); and
(ii) all drawings, sketches, plans, designs, artwork,
illustrations, models, instructions, Formulae,
computer programs, processes, tooling and moulds
created for the purpose of designing and/or producing
the Licensed Products; and
(iii) all corresponding photographs, drawings, designs,
artwork and text in Advertising and Promotional
Materials; and
(B) all patent applications and patents in respect of the Licensed
Products;
shall vest in Burberry, and to the extent that any of the same vest in
the Licensee inadvertently or otherwise the Licensee holds the same in
trust for Burberry and shall immediately assign the legal title (and
where possible assigns hereby by way of a present assignment of future
rights) in the same with full title guarantee to Burberry and all
goodwill howsoever arising in respect of the foregoing shall accrue to
Burberry. For the avoidance of doubt, any know-how relating to the
Formulae created by the Licensee under this Agreement shall be
immediately disclosed to Burberry and all rights of confidence in such
know-how shall vest in Burberry. The Licensee shall not (and shall
procure that its employees and Approved Contractors shall not) use such
know-how other than for the purposes of this Agreement and shall adopt
the same obligations of confidentiality in relation to that know-how as
exist under clause 26.1 in relation to any other know-how or trade
secrets of Burberry.
17.2 All Intellectual Property Rights in and to all names brands trade names
and trade marks (both registered and unregistered) applied to or used
in connection with any or all of the Licensed Products (including any
Varied Trade Names and New Trade Names) shall vest in and remain with
Burberry and where the same vest in the Licensee the Licensee shall
assign the same with full title guarantee to Burberry subject to:
(A) the same being licensed to the Licensee in accordance with
clause 2;
(B) Burberry agreeing, where the Intellectual Property Rights are
registrable, to register the same at the applicable registries
in the Territory at the expense of the Licensee; and
(C) the Licensee's licence in respect thereof being noted (where
possible) on the relevant register,
and all goodwill howsoever arising in respect of the foregoing shall
accrue to Burberry.
51
17.3 The Licensee shall and shall procure that:
(A) its employees, officers and/or agents;
(B) its Approved Contractors and their employees, officers and/or
agents;
(C) its advertising agents and their employees, officers and/or
agents; and
(D) other third parties who may from time to time carry out any
creative, literary or artistic work in connection with
advertising and/or marketing of the Licensed Products,
shall (and in the case of any of the third parties listed in (A) to (D)
above the Licensee shall use its best endeavours to procure that it is
a term of the Licensee's contract with such third parties that such
third parties shall) at the Licensee's expense promptly do all such
acts and execute all such documents (including without limitation using
its best endeavours to procure the execution of the assignment in the
form annexed hereto at appendix B as amended from time to time by
Burberry) as Burberry may from time to time require to vest or transfer
title to all such Intellectual Property Rights as are stated to vest in
Burberry in clauses 17.1 and 17.2 in or to Burberry and to perfect or
confirm such title and (in respect of any works in which copyright or
analogous rights subsist) shall waive and use its best endeavours to
obtain waivers of all and any "moral rights" in respect of the same. In
respect of any of the third parties listed in (A) to (D) above the
Licensee shall use its best endeavours to procure at Burberry's request
that such persons, including without limitation employees, officers
and/or agents execute confidentiality undertakings directly in favour
of Burberry.
17.4 Subject to clause 17.13, the Licensee shall:
(A) at Burberry's expense (unless clauses 17.2 or 17.13 apply)
co-operate fully with Burberry in connection with the filing
registration and prosecution of any names, brands, trade
names, trade marks, designs and patents applied to or used in
connection with any or all of the Licensed Products; and
(B) supply to Burberry such samples containers labels documents
and things as may from time to time be required by Burberry
for such purpose.
17.5 The Licensee shall not at any time during the continuation of this
Agreement seek to register in any jurisdiction any Burberry
Intellectual Property or any name or xxxx or design or any other matter
whatsoever which is phonetically and/or confusingly similar to any
Burberry Intellectual Property. The Licensee acknowledges the sole and
exclusive rights and title of Burberry in and to the Burberry
Intellectual Property and that all goodwill howsoever arising in
respect of the Burberry Intellectual Property accrues to Burberry.
17.6 The Licensee shall promptly notify Burberry of any infringement or
suspected infringement by a third party of any of Burberry's rights in
any Burberry Intellectual Property which may come to the Licensee's
attention.
17.7 The Licensee shall at the expense of Burberry give Burberry all such
information and assistance (other than financial assistance) as
Burberry may reasonably require to enable such proceedings or other
action to be taken in relation to any infringement or suspected
infringement of any Burberry Intellectual Property as Burberry may in
its sole discretion deem
52
necessary or desirable, and the Licensee shall not do or omit to do
anything which may prejudice Burberry's conduct of such proceedings or
other action.
17.8 Except as provided in clause 17.9 the Licensee shall not itself
institute proceedings or take any other action against any infringer or
suspected infringer of the rights of Burberry in Burberry Intellectual
Property without Approval.
17.9 Burberry gives no warranty or undertaking that it will take any action
or commence any proceedings in any particular case of infringement or
alleged infringement of the rights of Burberry in Burberry Intellectual
Property PROVIDED THAT if Burberry does not take action to prevent such
infringement or alleged infringement in any case involving the sale of
high quality Products which are likely to be perceived (by a
substantial proportion of relevant consumers in any jurisdiction) to be
products manufactured by Burberry (or by a third party under licence
from Burberry), to the extent that this failure to take action has a
quantifiable and demonstrable impact on the Licensee's sale of Licensed
Products in the relevant market in any Licensed Year, the Minimum Net
Wholesale Sales will be reduced appropriately. In considering what
might be an appropriate reduction to Minimum Net Wholesale Sales, the
parties shall have regard to the fact that the level of Minimum Net
Wholesale Sales is substantially below the parties' expectations of
Actual Net Wholesale Sales as at the date of this Agreement. Where
Burberry does take any such action or commence any such proceedings any
sums recovered by Burberry therefrom shall be retained by Burberry. In
the event that Burberry does not take any action within three months
after having received notice of all the circumstances relevant to such
infringement or alleged infringement then the Licensee may give notice
to Burberry stating that Burberry has not taken any action and that the
Licensee wishes to take action. Within twenty one (21) days of receipt
of such notice Burberry may in its sole discretion either take such
action in which event the Licensee shall reimburse Burberry with all
costs, expenses and damages suffered and/or incurred by Burberry or
notify the Licensee that it may take action in which event the Licensee
may (so far as permitted by relevant law) take such action or bring
such proceedings at its own expense and insofar as it recovers any
damages from any such action or proceedings shall be entitled to retain
those damages. In the event that the Licensee does take such action or
bring such proceedings, the Licensee shall at all times promptly supply
to Burberry all such information in relation thereto as is likely to be
of interest to Burberry, and any other information in relation thereto
as Burberry requests, and shall follow all reasonable directions given
by Burberry in relation thereto. For the avoidance of doubt, in the
event that the Licensee does take action or bring proceedings pursuant
to this clause, the Minimum Net Wholesale Sales shall not be reduced.
17.10 Burberry warrants (except in respect of Varied Trade Names and New
Trade Names) that it is and will continue to be during the Term the
registered rightholder of the Licensed Trade Marks in the Territory
(where the Licensed Trade Marks have been registered in the Territory)
and that the use of the Licensed Trade Marks (except in respect of
Varied Trade Names and New Trade Names) in accordance with this
Agreement will not infringe the intellectual property rights of any
third parties but Burberry gives no warranty that any registrations are
valid or enforceable or that any of the applications will result in
registration. Notwithstanding anything to the contrary contained in
this Agreement, nothing contained herein shall prohibit the Licensee
from prosecuting any claim for damages, including but not limited to
any and all trade xxxx agents', solicitors', attorneys' and other
professional fees, against Burberry or the Burberry Group in the event
the Burberry Intellectual Property (except in respect of Varied
53
Trade Names and New Trade Names) used by the Licensee or any
Distributor in accordance with this Agreement infringes upon the
intellectual property rights of any third parties.
17.11 The Licensee shall at Burberry's request and expense execute, register
or assist in the registration of all registered user and such other
agreements or documents necessary to protect Burberry's interests in
and to enable the Licensee to use any or all of the Licensed Trade
Marks in respect of the Licensed Products in any part of the Territory
in accordance with the terms of this Agreement.
17.12 The Licensee shall not be entitled without Approval to (i) alter or use
any variation or modification of or any addition to any trade marks or
trade names forming part of the Burberry Intellectual Property
including without limitation the Licensed Trade Marks (including,
without limitation, by the Licensee adding a reference to its own trade
xxxx or name to a Licensed Trade Xxxx) (such varied or modified or
added to trade marks which are Approved being the "Varied Trade Names")
or (ii) use any new trade xxxx or trade name in connection with the
Licensed Products (such new trade xxxx or trade name which are Approved
being the "New Trade Names").
17.13 Where:
(A) the Licensee has created and intends to use a Varied Trade
Name or a New Trade Name in connection with the manufacture of
the Licensed Products and/or the sale of the Licensed
Products; and
(B) such use has been Approved,
Burberry shall at the Licensee's cost and expense use all reasonable
endeavours to obtain registration in Burberry's name of the Varied
Trade Name and/or New Trade Name in the classes reasonably specified by
the Licensee in the Territory where such registration is in Burberry's
sole opinion necessary in the Territory. Without limiting the above the
Licensee shall be responsible and shall indemnify Burberry in full
against all costs and expenses in connection with the Varied Trade Name
and/or the New Trade Name including, but not limited to, the following:
(i) search fees undertaken to check the availability for use and
registration of the Varied Trade Name and/or New Trade Name; (ii)
application fees; (iii) costs of overcoming any opposition during the
course of registration; (iv) any premium required to be paid to a third
party to obtain exclusive or concurrent use of the Varied Trade Name
and/or New Trade Name; (v) registration fees; (vi) the cost of
renewals; and (vii) any trade xxxx agents', solicitors', attorneys' and
other professional fees. If and when the Varied Trade Name and/or New
Trade Name is registered, Burberry and the Licensee shall file an
application to record the Licensee as a registered user or licensee of
the Varied Trade Name and/or New Trade Name (in accordance with the
Licence Rights) where so provided by the applicable trade xxxx
legislation and all costs (including, without limitation, legal costs)
in connection with any such application shall be borne by the Licensee.
If an agreement is entered into with any third party (whether or not a
premium is paid) to obtain use of the Varied Trade Name and/or New
Trade Name such agreement will be in favour of and for the benefit of
Burberry. All goodwill howsoever arising in respect of Varied Trade
Names and/or New Trade Names shall accrue to Burberry.
17.14 The Licensee shall not use and shall not permit any third party to use
in any form on or in relation to any products a Varied Trade Name
and/or New Trade Name other than in connection with the Licensed
Products and "any form" shall include without limitation any
54
translation from one language to another or any representation of text
in a graphic form and vice versa.
17.15 For the avoidance of doubt all rights in the Burberry Intellectual
Property are reserved by Burberry for its own use and benefit or for
the use of such third parties as Burberry may from time to time in its
absolute discretion decide without violating any of the provisions of
this Agreement.
17.16 If the Licensee becomes aware of any third party claim that the
Licensee's, any Approved Contractor's or any Distributor's use of any
of the Burberry Intellectual Property infringes the Intellectual
Property Rights or any other rights of such third party the Licensee
will:
(A) promptly notify Burberry in writing of such claim and will
provide all relevant available details;
(B) not make any admission or settlement in respect of any such
claim without Approval;
(C) if required by Burberry in writing, cease any use of such of
the Burberry Intellectual Property as is the subject of such
claim for such periods as Burberry may from time to time
direct; and
(D) at the expense of Burberry, give Burberry all such information
and assistance as Burberry may require to enable Burberry to
defend such proceedings or take other action in relation to
such claim or claims as Burberry may decide.
17.17 Burberry shall have conduct of all proceedings brought by third parties
relating to the Burberry Intellectual Property and it shall in its sole
discretion decide what action, if any, to take in respect of any claim
brought or threatened in respect of the use or registration of any
Burberry Intellectual Property, subject, however, to the provisions of
clause 17.10.
17.18 The Licensee shall use all its best endeavours to procure that all
third parties who may from time to time carry out any creative,
literary or artistic work in connection with the creation of any and
all Promotional Materials or Advertising created and/or used in
relation to the Licensed Products shall assign any and all Intellectual
Property Rights subsisting in such work to the Licensee including (but
not limited to) copyright and design right or similar rights and the
Licensee shall forthwith assign (and where possible assigns hereby by
way of a present assignment of future rights) the same with full title
guarantee to Burberry, in the form set out at appendix B.
17.19 Notwithstanding any provisions to the contrary in this clause 17, to
the extent that the activities of the Licensee under this Agreement
result in the creation of any inventions, improvements or discoveries
("Improvements") relating to the development, production or manufacture
of the Licensed Products, and such Improvements can be used other than
in relation to the Licensed Products (and without infringing any
Intellectual Property Rights in the Licensed Products), those
Improvements will be owned by the Licensee. Burberry shall be entitled
to a non-exclusive worldwide royalty-free irrevocable licence without
limit of time (and with a right to assign such licence and to grant
sub-licences thereunder) to use any such Improvements.
55
18. CHANGE IN CONTROL/MANAGEMENT AND COMPETITORS
18.1 In the event of a Change of Control of either the Licensee or the
Guarantor, Burberry shall be entitled to terminate this Agreement
forthwith by notice in writing (a "Termination Notice") served in
accordance with clause 20.
18.2 The Guarantor and the Licensee jointly and severally undertake to
provide to Burberry with written notification within ten (10) days of
becoming aware of any event which is more likely than not to lead to a
Change of Control of either the Guarantor or the Licensee.
18.3 The Licensee shall give Burberry written notice within ten (10) days of
becoming aware of any change in the Management Control of any Approved
Contractor and/or any Distributor.
18.4 In the event of any proposal for a Competitor to:
(A) enter into any agreement with the Licensee or Guarantor (or
any Affiliate thereof) to manufacture, sell, market or
distribute (or enter into any agreement for the manufacture,
sale, marketing or distribution of) any Product bearing or
sold in connection with any Competing Brand or to which any
Competing Brand is or is to be applied; or
(B) acquire any position in respect of the management of the
Licensee (or any Affiliate thereof) whether by a
representative of a Competitor being appointed as a director
or other officer of the Licensee or Guarantor (or any
Affiliate thereof) or otherwise,
prior to any such proposal being implemented and in any event at least
thirty (30) days before any such proposal is implemented, the Licensee
or Guarantor as appropriate shall notify Burberry in writing of such a
proposal giving Burberry details of the name of the Competing Brand
and/or Competitor and, in the case of (A) above, the duration and
geographic scope of the agreement in question and in the case of (B)
above, the title of the position acquired by the Competitor and any
other information as Burberry may require in relation to such a
proposal.
18.5 The implementation of any proposal described in clauses 18.4(A) or
18.4(B) shall be subject to Approval and if Approval is not given and
such a proposal is implemented this shall be a material breach of the
Agreement by the Licensee or Guarantor respectively, except that the
appointment of Patrick Choel, as a member of the board of the Licensee,
shall be deemed to be Approved for the first Licensed Year as of the
Effective Date and thereafter such appointment shall be Approved
annually for each Licensed Year of this Agreement on or prior to the
commencement of such Licensed Year. Such Approval for the first
Licensed Year is solely on the basis that he is a consultant of LVMH
(as such term is defined in schedule 3) and such appointment shall not
constitute a breach of clause 3.1 of the LVMH Agreement, for the
purposes of which he shall, for the duration of such Approval only, be
deemed to be an LVMH Representative.
19. APPROVED CONTRACTORS
19.1 Subject to obtaining Approval and the provisions of this clause 19, the
Licensee may use the services of Approved Contractors in the
manufacture of Burberry Items,
56
PROVIDED ALWAYS THAT
(A) approval of any Approved Contractors shall in no way diminish
the Licensee's obligations to Burberry under this Agreement;
and
(B) Approved Contractors do not sub-contract the manufacture of
any Burberry Items except to Approved Contractors who have
been Approved to manufacture those specific Burberry Items and
notice of such sub-contracting is provided to Burberry.
19.2 In the event that the Licensee wishes to use any party as a contractor
as described in clause 19.1, the Licensee shall prior to placing any
order with such party:
(A) supply Burberry with the name and address of the proposed
contractor and such information as Burberry may reasonably
require as to the financial stability, ownership, management
and general stability of the proposed contractor;
(B) supply Burberry with the address of such premises at which it
is proposed that the proposed contractor shall be
manufacturing Burberry Items, and the type of Burberry Items
which it is proposed shall be manufactured at such premises,
and such further information as Burberry may reasonably
require in relation to such premises and such Burberry items;
(C) if requested by Burberry, provide evidence satisfactory to
Burberry that the use of such contractor by the Licensee will
not affect the Licensee's ability to comply with the Laws and
codes of practice referred to in clauses 9.28 to 9.30;
(D) seek in writing and obtain Approval for the proposed
contractor as an Approved Contractor; and
(E) obtain and deliver to Burberry a signed Undertaking and a
signed Questionnaire from the proposed contractor to Burberry
in the then current form used by Burberry, and Burberry shall
within 15 Working Days of receiving the Licensee's written
request seeking Approval for a proposed Approved Contractor
together with all information in relation thereto requested by
Burberry either give Approval or refuse Approval in writing.
19.3 The Licensee shall promptly notify Burberry in writing when it ceases
to use the services of any Approved Contractor and the reasons for such
cessation.
19.4 The Licensee shall:
(A) exercise proper supervision over the operations of each
Approved Contractor including (but not limited to) quality
control and strict control of all labels and similar materials
so that at all times all Burberry Items manufactured by that
Approved Contractor are of the quality required under this
Agreement;
(B) procure that no Approved Contractor at any time supplies any
Burberry Items to any party other than the Licensee, Burberry
or a member of the Burberry Group except as Approved;
57
(C) use its best endeavours to supply to Burberry as soon as
possible any such information in relation to any Approved
Contractor as may from time to time be reasonably requested by
Burberry;
(D) promptly if so requested by Burberry and provided that
Burberry can demonstrate a bona fide reason for such a
request, procure that any Approved Contractor sign such
amended form of Undertaking or complete such amended form of
Questionnaire as Burberry shall specify and if the relevant
Approved Contractor does not do so Burberry will be deemed to
have withdrawn Approval under 19.6;
(E) use its best endeavours to procure that each Approved
Contractor at all times observes and complies with either:
(i) the terms of such form of Undertaking in Burberry's
favour as has been signed by that Approved
Contractor; or
(ii) at any time as any Approved Contractor has not signed
an Undertaking in Burberry's favour, the terms of the
form of undertaking which appears at appendix C or
such replacement therefor as Burberry shall have
notified the Licensee; and
(F) assist Burberry or its authorised representatives so that they
can enter and inspect all premises where Licensed Products
have been, are being or are intended to be manufactured and/or
stored whether owned or controlled by the Licensee, any
Approved Contractor or otherwise.
19.5 For the avoidance of doubt the Licensee shall not have manufactured any
Burberry Items or permit to be manufactured any Burberry Items by any
third party (including, without limitation, any Affiliate of the
Licensee) other than an Approved Contractor and then only in accordance
with the terms of the relevant Approval and in respect of the Burberry
Items for which the relevant Approved Contractor has been Approved.
19.6 Without prejudice or limitation to any other right or remedy which
Burberry may have:
(A) in the event of any breach of either of clauses 18.4 or 18.5;
or
(B) if Burberry determines that the Approved Contractor is not
meeting Burberry's standards with regard to quality or
delivery; or
(C) if the Approved Contractor has in any way infringed Burberry's
Intellectual Property Rights,
Burberry shall be entitled by notice to the Licensee to withdraw
forthwith its Approval of all or any Approved Contractor(s) whereupon
the Licensee shall:
(i) place no further orders with that contractor;
(ii) use its best endeavours to procure that such
contractor ceases forthwith the manufacture of
Burberry Items;
58
(iii) use its best endeavours to recover all items
incorporating any Burberry Intellectual Property from
that contractor; and
(iv) certify to Burberry in writing signed by its
Chairman, President, Chief Executive Officer or Chief
Financial Officer that the requirements of
sub-clauses (A), (B) and (C) above have been complied
with in full.
19.7 For the purposes of clauses 19.4(A), 19.4(B), 19.4(C) and 19.4(E),
Approved Contractor shall include any contractors of the Licensee or
sub-contractors of any Approved Contractor which would have qualified
as an Approved Contractor if Burberry had Approved them.
20. TERMINATION
20.1 In this clause 20.1, a "material breach" may either be a single event,
or a series of events which are together a material breach. In the
event that any of the following events occurs:
(A) the Licensee fails to pay any sum due to Burberry under this
Agreement on the due date for such payment and fails to remedy
such breach within 5 days of a notice from Burberry to do so;
or
(B) the Licensee commits any material breach of this Agreement
which is not capable of remedy; or
(C) the Licensee commits any material breach of this Agreement
(other than non-payment) which is capable of remedy and fails
to remedy such breach within 30 days of a notice from Burberry
to do so; or
(D) the Licensee commits a breach of this Agreement (other than
non-payment) which is capable of remedy (for the avoidance of
doubt, failure to perform an obligation which is not capable
of being performed shall not constitute a breach which is
capable of remedy) and fails to remedy such breach within
thirty (30) days of a notice from Burberry to do so; or
(E) the Licensee or Guarantor:
(i) is unable to pay its debts or appears to be unable to
pay or to have no reasonable prospect of being able
to pay his debts, or is insolvent within the meaning
of any applicable law; or
(ii) is required to repay any borrowed money (where the
borrowed money is in excess of one million
(1,000,000) euros) prematurely by reason of any
default where the default is not irrevocably waived
by the relevant lender in accordance with the
relevant facility document; or
(iii) is adjudged by any court insolvent or bankrupt; or
(iv) has a petition presented for its winding up or issues
a notice convening a meeting of shareholders to
consider a resolution for winding up (except for any
solvent corporate re-organisation which does not
result in a Change of Control and which does not
adversely affect the financial standing of the
Licensee or
59
Guarantor; for example but not by way of limitation,
re-incorporation in another state or jurisdiction to
take advantage of favourable tax treatment) or has a
petition presented for its administration or an
application for an administration order is made, or
has a similar procedure commenced by or against it
under any applicable law; or
(v) enters into a compromise or arrangement with its
creditors or has commenced any similar procedure
under any applicable law; or
(vi) suffers an encumbrancer taking possession of or
suffers the appointment of a receiver or
administrative receiver or administrator or any
similar person under any applicable law or suffers
any sequestration order being made in respect of the
whole or substantial part of its assets, or
(F) any of the events described in clause 18.1 in relation to the
Licensee or a member of the Licensee's Group or in relation to
the Guarantor or any of the events described in clause 18.4(A)
or 18.4(B) in relation to the Licensee or a member of the
Licensee's Group; or
(G) the Licensee or any member of the Licensee's Group directly or
indirectly opposes (or assists any third party to oppose) the
registration or renewal of any trade xxxx, design and/or
patent or any trade xxxx, design and/or patent application or
renewal within the Burberry Intellectual Property; or
(H) the Licensee or any member of the Licensee's Group disputes or
directly or indirectly assists any third party to dispute the
validity of any trade xxxx, design and/or patent within the
Burberry Intellectual Property; or
(I) the Licensee or any member of the Licensee's Group has
committed a material breach (and such breach has not been
remedied or is not capable of being remedied) of any other
agreement with Burberry or any other member of Burberry Group;
or
(J) any promissory note issued by the Licensee or a member of the
Licensee's Group in excess of one hundred thousand (100,000)
euros fails to be honoured by the relevant bank except in the
event of a mistake which is subsequently cured;
then Burberry may, in respect of any part of or all of the Exclusivity,
the Licence Rights and this Agreement (each a "Right") and without
prejudice to any other rights and remedies it may have, by notice to
the Licensee:
(i) forthwith terminate a Right or Rights in its sole discretion;
or
(ii) give notice to the Licensee that Burberry is considering
terminating a Right or Rights (the "Interim Termination
Notice") and at any time during the nine months following such
notice, give the Licensee not less than three months notice of
the day when the Right or Rights shall terminate.
20.2 The Licensee or, as the case may be, the Guarantor:
60
(A) shall promptly give Burberry written notice of the occurrence
of any of the events specified in clause 20.1(E); and
(B) acknowledges and hereby agrees that (without prejudice to any
rights and remedies Burberry may have) upon the occurrence of
any of the events specified in clause 20.1(E) the Exclusivity
shall automatically terminate and clause 2.5 shall be of no
further force or effect.
20.3 For the purposes of clause 20.1(C):
(A) any breach by the Licensee of any of clause 2.7 (no
sub-licensing), clause 5.5 (sale or supply of Licenced
Products), clause 8 (business plan), clause 9.1 (manufacture),
clause 9.2 (unauthorised manufacture), clauses 9.14 and 9.19
(improper use of Burberry Intellectual Property), clause 9.33
(insurance), clauses 9.34 and 9.17 (improper conduct), clause
10.7 (underpayment of Licence Fees), clause 15 (Advertising
and Marketing), clause 16 (Warranties), clause 19.2 (Approved
Contractors) or clause 34 (no assignment); or
(B) any underpayment of Licence Fees by 5% (five per cent) or more
for any Month or other relevant period which is not
subsequently reconciled in accordance with clause 10.4 and
10.5,
shall be deemed a material breach without prejudice to any other breach
being a material breach for the purposes of such clause.
20.4 For the purposes of clauses 20.1(B), 20.1(C) and 20.1(D) reference to
material breach and breach of this Agreement by the Licensee shall also
include material breach or breach of the LVMH Agreement by the
Licensee.
20.5 Burberry may terminate this Agreement in accordance with the terms of
clauses 10.8, 10.9 and 13.1(D).
20.6 Burberry may terminate this Agreement at its option, either on 31
December 2009 (the "First Exit Right") or 31 December 2011 (the "Second
Exit Right").
By 1 January 2009, in the case of the First Exit Right, and by 1
January 2011, in respect of the Second Exit Right, Burberry shall
notify the Licensee of its intention to exercise its rights pursuant to
this clause 20.6.
Burberry and the Licensee shall appoint an expert in accordance with
the procedure described in this clause 20.6 to determine the market
value of the Licence Rights for the period of the Agreement that would
remain if the Agreement is not terminated pursuant to this clause 20.6
(the "Exit Payment").
Burberry and the Licensee shall within fourteen (14) days of Burberry's
notice being given pursuant to this clause 20.6 without reference or
knowledge of the other party's selection, prepare a list of three
investment banks that they would wish to determine the amount of the
Exit Payment. Burberry and the Licensee will then through their
respective external legal advisers simultaneously exchange lists. If
such choices yield one investment bank that has been chosen by both
Burberry and the Licensee then that investment bank will be appointed
61
as the expert to determine the Exit Payment (the "Expert"). If such
choices do not yield a choice common to both Burberry and the Licensee,
then Burberry and the Licensee shall continue to select further
investment banks and submit lists of their choices to their external
legal advisers until a common choice is found. Both Burberry and the
Licensee may make a submission to the investment bank chosen (the
Expert) in respect of the market value of the Licence Rights.
The Expert will prepare a report which determines the Exit Payment by
reference to the market value of the Licence Rights for the unexpired
term of this Agreement within 45 days of its appointment, such report
to be provided by the Expert to Burberry and the Licensee by no later
than 30 June 2009, in the case of the First Exit Right, or 30 June
2011, in the case of the Second Exit Right. The Expert will in reaching
its determination of the Exit Payment be entitled to call for such
evidence as it requires from the Licensee and Burberry including,
without limitation, all books of account and business records which the
Licensee has kept in respect of any products which incorporated any
Burberry Intellectual Property which were manufactured by or on behalf
of the Licensee under this Agreement.
Further to receipt of the Expert's report and if Burberry decides to
exercise its right to terminate under this clause 20.6, Burberry shall
notify the Licensee of its intention to exercise its right by 31 July
2009 (in the case of the First Exit Right) and 31 July 2011 (in the
case of the Second Exit Right) and it shall pay the Exit Payment to the
Licensee on 31 December 2009 (in the case of the First Exist Right) OR
31 December 2011 (in the case of the Second Exit Right). The Expert's
determination of the Exit Payment shall be final and binding, provided
that if Burberry exercises its option to terminate on 31 December 2011
in accordance with this Agreement, Burberry shall pay, in respect of
the Exit Payment, either the market value of the Licence Rights as
determined by the Expert or 70% of the Actual Net Wholesale Sales in
2010, whichever is greater.
For the avoidance of doubt no sum shall be paid under this clause 20.6
if termination results in whole or in part from the exercise by
Burberry of its rights under any other provisions of this clause 20 and
any valuation of any unexpired term of this Agreement made pursuant to
this clause will be relevant only for the purposes of this clause.
21. CONSEQUENCES OF TERMINATION
21.1 With effect from the termination of this Agreement (howsoever caused):
(A) the Licensee shall at its own cost, and not more than thirty
(30) days after the date of termination (or, to the extent
Approved, at the end of any Sell-Off Period) deliver to
Burberry:
(i) all notepaper, visiting cards, display materials,
patterns, catalogues, advertising and marketing
materials (including such materials as are in
preparation) and any other matter bearing or
including any Burberry Intellectual Property
including, without limitation, all formulations,
drawings, sketches, plans, designs, artwork,
illustrations and models used or intended to be used
for the purposes of producing the Licensed Products
and bearing or incorporating Burberry Intellectual
Property;
62
(ii) all its rights in tooling and moulds used or intended
to be used for the purposes of producing the Licensed
Products and bearing or incorporating Burberry
Intellectual Property; and
(iii) any property which belongs to Burberry, which is or
are in the Licensee's possession or under its
control, and if so requested by Burberry provide a
certificate signed by the Chairman, President or the
Chief Executive Officer of the Licensee certifying
that all such materials have been delivered;
(B) the Licensee shall promptly and not more than thirty (30) days
after the date of termination notify Burberry by means of a
written report signed by a duly authorised officer of the
Licensee of the amounts of the Licensee's, its Distributors'
and its Approved Contractors' then current stocks of Licensed
Products and other Burberry Items and in each case the current
locations thereof. The Licensee shall also provide such
information within thirty (30) days of the date of termination
or expiry of any Sell-Off Period;
(C) the Licensee shall promptly, and not more than thirty (30)
days after the date of termination supply to Burberry full
details of all unfulfilled orders for Licensed Products from
Retailers and/or Distributors accepted by the Licensee prior
to the date of termination, including the date of the order,
date of acceptance, the identity and contact details of the
relevant Retailers and Distributors, the types and quantities
of Licensed Products ordered, and any specified delivery
date(s) and/or other applicable terms;
(D) if Burberry so requires at any time within six (6) months
after the termination of the Agreement, the Licensee shall
promptly deliver to Burberry a list of the names and addresses
of:
(i) the relevant Retailers and Distributors to whom the
Licensee has within the previous six (6) Months sold
quantities of Licensed Products exceeding such minima
as Burberry may reasonably specify, together with
details of the quantities supplied to them; and
(ii) the Approved Contractors by which the Licensee has
been supplied with Licensed Products or components
thereof during the previous twelve (12) Months
showing for each Approved Contractor a list of
Licensed Products and quantities supplied;
(E) The Licensee shall procure that Burberry and/or its employees,
agents and/or professional advisors are permitted on
reasonable notice to enter any premises of the Licensee and
are permitted at any time without notice to enter any premises
of any Approved Contractor and/or any Affiliate of the
Licensee involved in the manufacture, sale or marketing of the
Licensed Products to establish the following:
(i) the number of Licensed Products and other Burberry
Items held in stock including, without limitation,
all drawings, sketches, plans, designs, artwork,
illustrations, models, tooling and moulds used or
intended to be used for the purposes of the Licensed
Products incorporating Burberry Intellectual
Property;
63
(ii) the total number of units of Licensed Products
manufactured by or on behalf of the Licensee in the
seven (7) years preceding the date of termination;
and
(iii) the place of manufacture of the Licensed Products
manufactured by or on behalf of the Licensee and
details of any Approved Contractor involved in the
manufacture thereof.
(F) Burberry shall have the right (to be exercised by notice in
writing to the Licensee at any time after termination of this
Agreement) to do all or any of the following:
(i) to purchase such proportion of the Licensee's and any
Affiliate (including any Affiliate which is a
Distributor) of the Licensee's stock of finished
Licensed Products (excluding GWPs and Testers) as
Burberry may see fit at the Licensee's List Price
less a discount of 50% (fifty per cent) plus
applicable duties and taxes (but without any Licence
Fees being due in respect of such purchased stock);
and/or
(ii) to purchase such proportion of the Licensee's and any
Affiliate of the Licensee's stock of Burberry Items
(including GWPs and Testers) as Burberry may see fit
at the Licensee's cost price of such items; and/or
(iii) to require the Licensee (acting as a sub-contractor
to Burberry) to make up into Licensed Products any or
all of the Licensee's or Approved Contractors' stock
of Burberry Items, which Licensed Products Burberry
shall purchase from the Licensee on the basis
described in clause 21.1(F)(i), except that the price
shall exclude any amounts payable by Burberry in
respect of such components, packaging and raw
materials under clause 21.1(F)(ii);
(G) the Licensee shall (and shall procure that all companies
within the Licensee's Group shall and shall use its best
endeavours to procure that all Approved Contractors shall)
promptly upon Burberry's request given after the date of
termination (or, where there is a Sell-Off Period, after the
termination of such Sell-Off Period):
(i) remove all Burberry Intellectual Property and all
items embodying Burberry Intellectual Property
(including but not limited to all labels, packaging
and markings featuring any of the Licensed Trade
Marks or to which any of the Licensed Trade Marks
have been applied) from all its stocks of Licensed
Products and Burberry Items; and/or
(ii) if and to the extent that it is not practical or
commercially worthwhile to remove Burberry
Intellectual Property from such stocks, either sell
such stocks at a price no greater than cost to any
licensee of Burberry who has rights to manufacture
and sell Products or destroy such stocks under the
supervision of such person as Burberry may direct or,
if Burberry so directs, deliver the same to Burberry
or such party as Burberry directs for destruction;
and/or
(iii) without prejudice, obtain and deliver up to Burberry
all material prepared or purchased for the Licensee
and paid for by the Licensee for use in or in
connection with the advertising and/or marketing of
the Licensed Products,
64
and (in either case) if requested by Burberry provide an
affidavit sworn by the Chairman, President, Chief Executive
Officer or Chief Financial Officer of the Licensee that the
Licensee has complied in all material aspects with this clause
21.1(G);
(H) the parties shall promptly take whatever steps may be
necessary to cancel any registration of this Agreement or any
registration of the Licensee as an authorised user or licensee
of any Burberry Intellectual Property in any particular
jurisdiction; and
(I) the Licensee shall on the date of termination (or, where there
is a Sell-Off Period, with effect from termination of such
Sell-Off Period) terminate all its arrangements (whether
contractual or otherwise) with the Distributors to the extent
they related to the Licensed Products.
21.2 Without prejudice to clause 21.1(F), the Licensee shall ensure
(including, without limitation, by means of the imposition of
contractual terms on Distributors) that Burberry and the Licensee shall
have the right to purchase (i) such proportion of Distributor's stock
of finished Licensed Products as Burberry and the Licensee may see fit
at the price which the Distributor paid to the Licensee in respect of
such Licensed Products and (ii) such proportion of the Distributor's
stock of Burberry Items as Burberry and the Licensee may see fit at the
price which the Distributor paid for such Burberry Items.
21.3 The termination of this Agreement (for whatever reason) shall be
without prejudice to the rights of either party accrued up to the date
of termination.
21.4 Subject to clause 20.3, with effect from the date of termination of
this Agreement all rights granted to the Licensee under this Agreement
shall cease forthwith, and the terms of this Agreement shall forthwith
cease to be of effect, except that:
(A) clause 22.4 shall apply for the duration of any Sell-Off
Period; and
(B) clauses 1, 9.13, 9.14, 9.15, 9.16, 9.17, 9.18, 9.19, 9.20,
9.21, 9.34, 17, 20, 21, 22, 23, 25, 26, 35 and 36 and
schedules 1 and 2 shall remain in effect together with such
provisions which expressly or by necessary implication will
survive termination.
21.5 For the purposes of this clause 21, (i) Licensed Products shall include
any products which would have qualified as Licensed Products if
Burberry had Approved them or if they had complied with the provisions
of this Agreement and (ii) Approved Contractors shall include any
contractors of the Licensee or sub-contractors of any Approved
Contractor which would have qualified as an Approved Contractor if
Burberry had Approved them.
22. SELL-OFF PERIOD
22.1 In the event that this Agreement terminates in circumstances other than
those set out in Clause 20.1, the Licensee shall, subject to Burberry's
rights under clause 21.1(F) enjoy a period during which the Licensee
may, subject to and in accordance with the provisions of this clause
22.1, sell-off the Licensee's stocks of finished Licensed Products
existing as at the date of such termination ("Sell-Off Period").
Subject to the provisions of clauses 22.5 and 22.6, the duration of the
Sell-Off Period shall be six (6) months from the date of termination,
at the end of which period it shall automatically be terminated.
65
22.2 During the Sell-Off Period, the Licensee shall be permitted to accept
and fulfil orders for Licensed Products in order only to dispose of the
stock of Licensed Products held by it at the date of termination,
PROVIDED THAT the Licensee shall:
(A) not accept any such order from a person who is not a Retailer
or Distributor without specific Approval for that order;
(B) not accept any such order during the Sell-Off Period where
delivery thereunder is scheduled to occur after the end of the
Sell-Off Period;
(C) not deliver any Licensed Products after the end of the
Sell-Off Period;
(D) not during the Sell-Off Period manufacture or have
manufactured on the Licensee's behalf any Licensed Products or
other Burberry Items; and
(E) not during the Sell-Off Period in any way Advertise or Promote
the Licensed Products or any association between the Licensee
and Burberry.
22.3 Without prejudice to the Licensee's obligations under clause 21.1(B),
the Licensee shall forthwith upon Burberry's request or, if so
requested by Burberry, at such intervals as Burberry may specify supply
to Burberry an up to date report in the form required by clause
21.1(B). For the avoidance of doubt, clause 21.1 shall apply in
accordance with and subject to its terms at all times during the
Sell-Off Period.
22.4 Notwithstanding the termination of this Agreement, subject to
provisions of this clause 22, all of the terms of this Agreement (where
still relevant) (including without limitation clauses 10 and 11) shall
remain in force during the Sell-Off Period EXCEPT THAT the Exclusivity
shall cease to apply with effect from the date of termination.
22.5 If and as soon as the Licensee shall have divested itself of its entire
stock of Licensed Products which are subject to Sell-Off Period the
Sell-Off Period shall automatically be terminated.
22.6 Burberry may terminate the Sell-Off Period forthwith by notice in
writing to the Licensee in the Sell-Off Period if there occurs any of
the events described in clause 20.1, if the Licensee fails to provide
to Burberry full details of all unfulfilled orders for Licensed
Products from Retailers and/or Distributors accepted by the Licensee
prior to the date of termination in accordance with clause 21.1(C) or
if the Licensee fails to notify Burberry of the amount of the
Licensee's, its Distributors' and its Approved Contractors' current
stocks of Licensed Products and other Burberry Items and their
locations in accordance with clause 21.1(B) or if the Licensee fails to
comply with any request made by Burberry under clause 21.1(E).
22.7 Burberry may subject to Approval permit a Sell-Off Period in
circumstances other than those set out in this clause 22 including
without limitation where Burberry terminates this Agreement in part so
that the Licence Rights are terminated in respect of one or more
Products.
23. GUARANTEE
23.1 In consideration of Burberry entering into this Agreement, the
Guarantor shall as primary obligations of it:
66
(A) if and whenever the Licensee shall be in default in any
payment obligations when due of any amount payable under this
Agreement or the performance of any obligations under this
Agreement and within two Working Days after being given notice
to that effect by Burberry, pay all amounts then payable by
the Licensee or perform the obligations of the Licensee as
though the Guarantor instead of the Licensee was expressed to
be the principal debtor or obligor; and
(B) indemnify Burberry against all reasonable costs and expenses
(including legal fees) which Burberry may pay or incur in
collecting any amount payable by or satisfying the obligations
of the Licensee or the Guarantor and referred to in clause
23.1(A).
23.2 Any amount not paid or obligation not performed by the Licensee and not
recoverable from or satisfied by the Guarantor on the basis of a
guarantee (whether because of any legal limitation, disability or
incapacity on the part of the Licensee or any other matter or thing
whether known to Burberry or not) shall nevertheless be recoverable
from the Guarantor on the basis of an indemnity.
23.3 The Guarantor acknowledges that its liability under this clause 23
shall not be discharged or affected in any way by time being given to
the Licensee or by any other indulgence or concession being granted to
the Licensee or by any other act, omission, dealing, matter or thing
whatsoever (including without limitation any change in the memorandum
or articles of association of the Licensee or the Guarantor, any
amendment to this Agreement or the liquidation, dissolution,
reconstruction or amalgamation of the Licensee or the Guarantor or the
illegality or enforceability of this Agreement) which but for this
provision might operate to release the Guarantor from its obligations
under this clause 23.
23.4 The guarantee contained in this clause 23 is a continuing guarantee and
shall remain in full force and effect until all obligations of the
Licensee guaranteed under this Agreement have been discharged in full
notwithstanding any variation, release or other dealing with the same
or any invalidity of the same. It is in addition to and shall not
prejudice nor be prejudiced by any other guarantee, indemnity or other
security or right against any third party which Burberry may have for
the due performance of the obligations concerned.
23.5 Burberry will not be obliged before exercising any of the rights,
powers or remedies conferred upon it against the Guarantor under this
clause 23 or by law:
(A) to make demand of the Licensee but Burberry shall by notice in
writing to the Licensee inform the Licensee if it exercises
its rights against the Guarantor pursuant to this clause 23;
(B) to enforce or seek to enforce any claim, right or remedy
against the Licensee or any other person; or
(C) to make or file any claim in connection with the insolvency of
the Licensee or any other person; or
(D) to take any action or obtain judgement in any court against
the Licensee or any other person.
67
24. BUSINESS ETHICS AND ENVIRONMENTAL POLICY
24.1 The Licensee recognises the importance of business ethics and therefore
agrees to use its best endeavours to comply with, and to use its best
endeavours to procure that all Approved Contractors and Distributors
comply in all material respects with Burberry's Code of Business
Principles attached hereto at appendix E (as such code may be updated
by Burberry from time to time, provided that the Licensee receives
advance notice from Burberry of such updating) (the "Code of Business
Principles"). For the avoidance of doubt, for the purposes of this
Agreement references to "the Company" and "we" in the Code of Business
Principles shall be construed as meaning the Licensee, the Approved
Contractors or the Distributors (as appropriate). Notwithstanding the
foregoing, failure of the Licensee to comply with the Code of Business
Principles shall not be deemed to be a breach of this Agreement, except
when the breach of the Code of Business Principles is also a breach of
this Agreement.
24.2 The Licensee hereby agrees to use its best endeavours to comply with,
and use its best endeavours to procure that all Approved Contractors
and Distributors comply in all material respects with the Environmental
& Social Policy.
24.3 A director or equivalent representative of the Licensee shall, upon the
request of Burberry, sign a certificate attesting to the Licensee's
compliance with the Code of Business Principles and the Environmental &
Social Policy and the Licensee shall procure that, upon the request of
Burberry, the Approved Contractors and Distributors shall each sign a
certificate attesting to their respective compliance with the Code of
Business Principles and the Environmental & Social Policy.
24.4 The Licensee shall both throughout the duration of this Agreement and
for at least three (3) years after termination thereof (or, in the
event that there is a Sell-Off Period, the termination of such Sell-Off
Period):
(A) procure that Burberry and/or its employees, agents or
professional advisers are permitted at any time to inspect and
make and retain copies of all books of account and business
records as are kept by the Licensee and/or any Approved
Contractor which relate to the Burberry Items, together with
all employment records and factory documentation and policies,
for the purposes of establishing whether the Licensee and its
Approved Contractors have complied and continue to comply with
the Code of Business Principles, the Environmental & Social
Policy and all applicable Laws;
(B) procure that Burberry and/or such other employees, agents or
professional advisers are given such access to the Licensee's
and/or any such Approved Contractor's employees, management
and auditors as is required in order to interview the same for
the purposes of gaining access to, interpreting and/or
verifying such books and records and establishing whether the
Licensee and its Approved Contractors have complied and
continue to comply with the Code of Business Principles, the
Environmental & Social Policy and all applicable Laws;
(C) ensure full co-operation is given by the Licensee, any such
Approved Contractor and/or their employees, management and
auditors in relation to any such inspection and/or interview;
and
68
(D) ensure that Burberry and/or such employees, agents or
professional advisors are given such access to the Licensee's
and Approved Contractor's premises at which Licensed Products
and/or other Burberry Items are manufactured or stored as
Burberry shall reasonably require for the purposes of such
investigation.
24.5 In the event that Burberry shares the conclusions of any investigation
undertaken pursuant to clause 24.4 with the Licensee, the Licensee
shall in addition to any other amounts payable by the Licensee pursuant
to this Agreement pay to Burberry on demand all costs and expenses
incurred by Burberry in relation to such investigation on a full
indemnity basis.
25. REMEDIES
25.1 Each party's rights and remedies contained in this Agreement are
cumulative and not exclusive of any rights or remedies provided by law,
equity or otherwise.
25.2 Notwithstanding anything in this clause 25, nothing in this Agreement
shall exclude or restrict any party's liability in respect of personal
injury to or the death of any person.
25.3 Burberry or any other member of the Burberry Group shall be entitled at
any time to deduct from any amount owing from Burberry or such member
of the Burberry Group to the Licensee or any member of the Licensee's
Group any amount then owing from the Licensee or any member of the
Licensee's Group to Burberry or any member of the Burberry Group.
25.4 For the avoidance of doubt and notwithstanding anything to the contrary
contained in this Agreement, in the event Burberry terminates this
Agreement in accordance with clause 20.5, as a result of the Licensee
not making the Minimum Net Wholesale Sales in accordance with clauses
10.8 or 10.9 then in such event, the Licensee shall not be liable for
any damages as the result of such termination but, without prejudice to
any rights of Burberry accrued up to the date of such termination.
26. CONFIDENTIALITY
26.1 Subject to the provisions of clause 26.2 and except for the purposes
contemplated by this Agreement, no party to this Agreement shall
whether during the continuance of this Agreement or thereafter publish
or otherwise disclose to any person other than pursuant to clause 26.3:
(A) any secret or confidential information relating to the
business or affairs of any other party, whether technical or
commercial, obtained or received by it as a result of entering
into or performing their respective obligations under this
Agreement and relating to the negotiations relating to or the
provisions or subject matter of this Agreement or any party to
it;
(B) any information (other than information described in clause
26.1(A)) which if disclosed might reasonably be considered
likely to affect detrimentally any other party's business,
goodwill or other legitimate interests;
(C) any information relating to the terms and conditions of this
Agreement; or
(D) any know how or trade secrets of Burberry,
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provided that, notwithstanding the provisions of sub-clauses (A) and
(B) above, any information (including commercial information) insofar
as it relates to the Licensed Products shall be the confidential
information of Burberry which Burberry shall be entitled to publish or
disclose.
For the avoidance of doubt the obligations of the Licensee under this
clause 26.1 relate to the information, know how and trade secrets
referred to in sub-clauses (A), (B), (C) and (D) above and the
obligations of Burberry under this clause 26.1 relate to the
information set out in sub-clauses (A) and (B) above only.
26.2 Each party may disclose confidential information which would otherwise
be subject to clause 26.1 if but only to the extent that it can
demonstrate that:
(A) such disclosure is required by law or by any securities
exchange or regulatory or governmental body having
jurisdiction over it, wherever situated (and including without
limitation, the U.S. Securities and Exchange Commission (the
"SEC"), The Nasdaq Stock Market, NASD Regulation, The Paris
Bourse, Financial Services Authority, the London Stock
Exchange, the Panel on Takeovers and Mergers and the Serious
Fraud Office), and whether or not the requirement has the
force of law. Notwithstanding the foregoing, Burberry has been
advised that this Agreement constitutes a "material contract"
in respect of the Guarantor and is to be filed by the
Guarantor with the SEC and be made available to the public via
the Xxxxx filing system; provided that, commercial or
financial information consisting of the amount or percentage
of the Licence Fee, Minimum License Fee and Advertising and
Promotion are to be redacted from the Agreement, and an
application for confidential treatment of such information is
to be filed. If a challenge to such application is made,
Guarantor shall promptly notify Burberry, which may assist in
opposing such challenge. Further, the appendices and schedules
to this Agreement are not to be initially filed via the Xxxxx
system (except for the LVMH Agreement), but are to be
available to the SEC upon request. Copies of such redacted
Agreement shall be sent to Burberry for Burberry's comments as
promptly as practicable, but not later than 14 days before
submission or filing. The party making any disclosure pursuant
to this clause 14 shall notify the party to whom the
confidential information relates, prior to so doing;
(B) such information is already generally available to the public
other than through its fault or the fault of any person to
whom the confidential information has been disclosed in
accordance with clause 26.3; or
(C) the confidential information was lawfully in its possession
prior to its disclosure by the relevant party (as evidenced by
written records) and had not been obtained from the relevant
party.
26.3 Each party may for the purposes contemplated by this Agreement disclose
confidential information to the following persons or any of them on a
strict need-to-know basis, but subject to the restrictions contained in
schedule 3:
(A) its professional advisers, auditors, bankers and insurers
acting as such; and
(B) its directors, officers and senior employees.
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26.4 Subject to the provisions of clause 26.2, no party to the Agreement
shall make any announcement (including, without limitation any
communication to the public or to any of its customers, suppliers or
employees) concerning the provisions or subject matter of this
Agreement or containing any information about any other party to this
Agreement without the prior written approval of the others (which shall
not be unreasonably withheld or delayed). In any event, Burberry, the
Licensee and the Guarantor shall not make any statement or announcement
to any third party or issue any press release concerning this
Agreement, Burberry, the Licensee or the Guarantor, as the case may be,
which is detrimental to Burberry, the Licensee or the Guarantor, as the
case may be, their respective businesses and/or the Burberry
Intellectual Property or the Licensee or the Licensee's Group or any of
their respective businesses or assets.
26.5 The Licensee and the Guarantor may not use without Approval:
(A) the Licensed Trade Marks;
(B) Licensed Products marketed by the Licensee;
(C) Formulae; or
(D) any images used or to be used in Promotion or Advertising,
in any document publicly filed or mailed to any shareholder.
26.6 Any information and documents requested by Burberry pursuant to this
Agreement or which otherwise relates to Burberry's business shall be
considered to be secret or confidential information of Burberry and
subject to clause 26.1(A). Such information and documents shall (unless
the Licensee or the Guarantor as appropriate notifies Burberry in
writing to the contrary at the time of its disclosure to Burberry) be
provided by the Licensee or the Guarantor as appropriate without any
third party restriction as to confidentiality and the Licensee or the
Guarantor as appropriate shall procure that any such information shall
not be or be considered to be confidential or secret information of any
third party.
26.7 For the avoidance of doubt, any information relating to the business or
affairs of any third party licensee of Burberry, including without
limitation, details of terms of any agreement between Burberry and a
third party licensee which are disclosed to the Licensee or the
Guarantor by Burberry for any reason whatsoever, is strictly
confidential and neither the Licensee nor the Guarantor shall divulge
such information to any third party without Approval.
27. RELATIONSHIP BETWEEN THE PARTIES
27.1 Nothing in this Agreement shall constitute or be deemed to constitute a
partnership between the parties nor shall it constitute or be deemed to
constitute any party the agent of any other for any purpose.
27.2 The Licensee shall act in good faith and in the best interests of
Burberry in all its dealings regarding this Agreement and the Licensed
Products. Subject to any express provisions to the contrary in this
Agreement no party shall have any authority or power to act, enter into
any contract, make any representation, give any warranty, assume any
obligation whether
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express or implied of any kind, bind any other party or any of its
agents or to incur any liability whatsoever on behalf of any other
party.
27.3 Each party represents and warrants to the others that it has the full
right, power and authority to enter into this Agreement and to perform
all of its obligations under this Agreement.
28. NOTICES
28.1 Any notice, Approval or other document or consent required to be given
under this Agreement shall be in writing and shall be deemed
sufficiently given to the party to be served if it is:
(A) delivered by hand; or
(B) sent by courier provided the service used is such that sender
receives a receipt indicating successful delivery,
to the following addresses:
Burberry: St. Albans House, 00 Xx. Xxxxxx Xxxxxx, Xxxxxx
XX0X 0XX, Xxxxxx Xxxxxxx
Licensee: 0, xxxx xxxxx xxx Xxxxxx Xxxxxxx, 00000 Xxxxx,
Xxxxxx
Guarantor: 000 Xxxxx Xxxxxx, Xxx Xxxx, XX 00000 XXX.
or to such other address(es) as may be notified from time to
time in accordance with this Agreement.
28.2 Such notices shall:
(A) if sent to Burberry be marked for the attention of the
Authorised Business Representative with a copy to the
Authorised Legal Representative; and
(B) if sent to the Licensee or Guarantor, be marked for the
attention of Xx. Xxxxxxxx Xxxxxxx and Xx. Xxxx Xxxxx,
respectively,
and any notice or other document served in accordance with this
Agreement shall if delivered by hand be deemed served on delivery if it
is delivered not later than 17.00 hours on a Working Day or if it is
delivered later than 17.00 hours on a Working Day or at any time on a
day which is not a Working Day, 09.00 hours on the next Working Day or
within five (5) Working Days of the date of collection from the sending
party by the courier or delivery to the courier, if sent by courier.
29. ENTIRE AGREEMENT
29.1 This Agreement together with any documents referred to in the Agreement
supersedes and extinguishes all previous drafts, all previous oral or
written agreements (save as expressly provided in this Agreement),
arrangements between the parties (if any), undertakings,
representations and warranties in relation to its subject matter and
embodies the entire
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understanding of the parties and constitutes the whole agreement
between the parties in relation to its subject matter.
29.2 Each party hereby acknowledges that in entering into this Agreement it
has not been induced by or relied upon any representation or warranty
not expressly included in this Agreement and having negotiated and
freely entered into this Agreement agrees (except as expressly provided
in this Agreement) that it shall have no remedies in respect of any
representation except in the case of fraud.
29.3 No amendments to or modifications of any of the provisions of this
Agreement shall be effective unless they are in writing and signed by a
duly authorised representative of each of the parties.
30. SEVERABILITY
30.1 Each of the provisions contained in this Agreement and in each clause
and sub-clause of this Agreement shall be construed as independent of
every other such provision, so that if any provision of this Agreement
or the application of any provision to any person, firm or company or
to any circumstances shall be determined by any competent court or
authority to be invalid, illegal, void or unenforceable under the Laws
of any jurisdiction then such determination shall not affect the
legality, validity and enforceability of any other provision of this
Agreement in that jurisdiction and the legality, validity and
enforceability of the whole of this Agreement in any other jurisdiction
shall not be affected.
30.2 If any such provisions shall be found to be invalid or unenforceable
but would be valid if some part thereof were deleted or the period or
area of application reduced such provisions will apply with such
modification or modifications as may be necessary to make them valid
and effective.
31. NO WAIVER
No forbearance, indulgence or relaxation shown or granted by any party
to any other party in enforcing any of the terms and conditions of this
Agreement shall in any way affect, diminish, restrict, operate as or be
deemed to be a waiver of any breach of any such terms or conditions by
such other party unless operated in writing signed by a duly authorised
representative of the first party. Any waiver by a party of any breach
shall not operate as a waiver by such party of any subsequent breach.
32. NO BROKERAGE FEE
No party is or will be obliged or required to pay any brokerage,
introduction or finder's fee of any kind to another party or any third
party in connection with this Agreement or its execution and each party
warrants and undertakes that it has not paid, will not pay and is under
no obligation (legal or moral) to pay any such fee.
33. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of
which when executed shall be an original but all the counterparts
together shall constitute one and the same instrument.
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34. NO ASSIGNMENT
This Agreement and the rights granted to the Licensee respectively are
personal and non-transferable. Accordingly subject to clause 19 the
Licensee shall not mortgage, charge, sub-contract, sub-license or
assign or otherwise transfer or deal with this Agreement or any part of
this Agreement or any of its rights, benefits or obligations under this
Agreement or purport to do any of such acts or things.
35. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by, subject to and construed in
accordance with the Laws of England. Except as otherwise provided in
this Agreement each of the parties irrevocably submits to the exclusive
jurisdiction of the Courts of England (subject as mentioned below) in
relation to matters arising under this Agreement, provided that nothing
contained in this Agreement shall prevent Burberry from bringing any
proceedings against the Licensee and/or the Guarantor or from obtaining
any injunctive or other similar relief which may be available to it in
the courts of any jurisdiction in which the Licensee and/or the
Guarantor has a place of business in any particular case, and the
Licensee and/or the Guarantor as appropriate shall submit to the
jurisdiction of any such Court.
35.1 PROCESS AGENT
(A) The Licensee irrevocably appoints Xxxxx & XxXxxxxx of 000 Xxx
Xxxxxx Xxxxxx, Xxxxxx XX0X 0XX as its process agent to receive
on its behalf service of process of any proceedings in
England. Service upon the process agent shall be good service
upon the Licensee whether or not it is forwarded to and
received by the Licensee. If, for any reason, the process
agent ceases to be able to act as process agent, or no longer
has an address in England, the Licensee irrevocably agrees to
appoint a substitute process agent with an address in England
acceptable to Burberry and to deliver to Burberry a copy of
the substitute process agent's acceptance of that appointment
within thirty (30) days. In the event that the Licensee fails
to appoint a substitute process agent, it shall be effective
service for Burberry to serve the process upon the last known
address in England of the last known process agent for the
Licensee notified to Burberry notwithstanding that such
process agent is no longer found at such address or has ceased
to act.
(B) The Guarantor irrevocably appoints Xxxxx & XxXxxxxx of 000 Xxx
Xxxxxx Xxxxxx, Xxxxxx XX0X 0XX as its process agent to receive
on its behalf service of process of any proceedings in
England. Service upon the process agent shall be good service
upon the Guarantor whether or not it is forwarded to and
received by the Guarantor. If, for any reason, the process
agent ceases to be able to act as process agent, or no longer
has an address in England, the Guarantor irrevocably agrees to
appoint a substitute process agent with an address in England
acceptable to Burberry and to deliver to Burberry a copy of
the substitute process agent's acceptance of that appointment
within 30 days. In the event that the Guarantor fails to
appoint a substitute process agent, it shall be effective
service for Burberry to serve the process upon the last known
address in England of the last known process agent for the
Guarantor notified to Burberry notwithstanding that such
process agent is no longer found at such address or has ceased
to act.
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36. CONTRACTS (RIGHTS OF THIRD PARTIES) XXX 0000
36.1 The Licensee and the Guarantor acknowledge that each of Burberry
Affiliates shall have the benefit of Burberry's rights under this
Agreement and shall have the right to enforce such rights in accordance
with the provisions of the Contracts (Rights of Third Parties) Xxx
0000. Except as stated in this clause 36.1, the parties to this
Agreement do not intend that any of its terms will be enforceable by
virtue of the Contracts (Rights of Third Parties) Xxx 0000 by any
person not a party to it.
36.2 The consent of any of Burberry's Affiliates shall not be required for
the variation or termination of this Agreement, even if that variation
or termination affects the benefit conferred on such Affiliate.
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APPENDIX A: INFORMATION
I. ROYALTY REPORTS
Monthly, Semi-Annually and Annually:
- sales to Subsidiaries, Distributors and Retailers by jurisdiction
Quarterly, Semi-Annually and Annually:
- sales to Subsidiaries, Distributors and Retailers by jurisdiction
by fragrance line
- expenditures for Advertising and Promotion: this must be broken
down for each Advertising and Promotion programme
- Licence Fee calculation (including Advertising and Promotion)
- inventory by jurisdiction
II. SALES INFORMATION
This must include in all instances the number (and price of sale) of
sales at List Price, sales after Discount and sales at actual price.
Quarterly:
- sales from Subsidiaries and Distributors to Retailers
- sales from selected Subsidiaries and Distributors to Retailers by
fragrance line
- sales from Subsidiaries and Distributors to Burberry Group
- global and market update
Semi-Annual:
- sales to Retailers by jurisdiction
- sales to top 100 Retailers excluding the USA and top 20 USA
Retailers
GENERAL
- price lists - Annual (or updated if adjustments made)
- Retailer lists by jurisdiction - Annual
- Inter Parfums Subsidiary and Distributor lists -
Semi-Annual
- Approved Contractor list (including the full name and
address of each Approved Contractor; which Burberry Items
are manufactured by which Approved Contractors and at which
premises; details of any contractors used by the Licensee
in respect of the Licensed Products which have not been
Approved).
For the purpose of this Appendix A only, `Annual' means at the end of each
Licensed Year and `Annually' shall be construed accordingly. `Semi-Annual' means
at the end of each 6 month period of each Licensed Year.
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APPENDIX B: ASSIGNMENT
Current Form - this is subject to variation by Burberry
THIS DEED OF ASSIGNMENT is made the day of 200[ ]
BETWEEN:
(1) BURBERRY LIMITED a company incorporated under the laws of England with
no. 162636 having its registered office at 00/00 Xxxxxxxxx Xxxxxx XX0X
0XX ("BURBERRY"); and
(2) [NAME AND ADDRESS OF ASSIGNOR] ("ASSIGNOR").
1. In this Assignment, the following terms shall have the following
meanings:
"ASSIGNED RIGHTS" means all Intellectual Property Rights in or in
respect of:
(a) the Products (including without limitation all external and
internal features thereof and the patents, patent
applications, names, brands, trade names and trade marks (if
any) listed in the schedule hereto); and
(b) all drawings, sketches, plans, designs, artwork,
illustrations, models, instructions, formulae, technical
information, lists of ingredients, recipes, computer programs,
processes, tooling and moulds created for the purpose of
designing and/or producing the Products; and
(c) all corresponding photographs, drawings, designs, artwork and
text in related advertising and marketing materials;
"INTELLECTUAL PROPERTY RIGHTS" means all patents, copyright, database
rights, design rights, trade marks, service marks, rights in trade
dress and rights of confidence in relation to any information or
know-how, in any case whether registered or unregistered, along with
any applications for registration thereof, and along with any rights
similar or analogous thereto in any part of the world;
"PRODUCTS" means the products listed in the schedule hereto.
2. The Assignor HEREBY ASSIGNS to Burberry with full title guarantee free
from all liens, charges and encumbrances all its right, title and
interest in the Assigned Rights together with all common law rights
connected thereto and together with all the rights of action, powers,
benefits and immunities belonging to the same wherever in the world,
including the right to xxx for and obtain damages and other relief in
respect of any act of infringement (whether past, present or future) of
the Assigned Rights or any of them or the violation of any common law
rights connected with the Assigned Rights or any of them TO HOLD the
same unto Burberry absolutely.
3 All goodwill in the Assigned Rights howsoever arising shall accrue to
Burberry.
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4. The Assignor covenants with Burberry that it will execute all such
further assignments, transfers, deeds, documents or other assurances
and do all further acts and things as Burberry may require in order to
become registered as the proprietor of any registered Assigned Rights
and/or to become the legal and beneficial owner of the Assigned Rights
and otherwise to give effect to the terms of this Assignment.
5. The Assignor has obtained (and shall deliver to Burberry on demand)
from the authors of the items and materials in which the Intellectual
Property Rights subsist absolute waivers of any rights they may have
and the Assignor hereby waives absolutely any rights he may have to be
identified as the author of any such items or materials and their
respective rights to object to any derogatory treatment thereof and so
far as legally possible any broadly equivalent rights they may have in
any territory in the world.
6. This Assignment shall be subject to English Law and the parties submit
to the exclusive jurisdiction of the English Courts.
In witness whereof the parties have executed and delivered this Deed on the
above date
EXECUTED AND DELIVERED by )
BURBERRY LIMITED ) ..................................
as a DEED by these signatures ) DIRECTOR
..................................
DIRECTOR/SECRETARY
EXECUTED AND DELIVERED by )
[ASSIGNOR] )
as a DEED by these signatures )
[NB SIGNATURES WILL VARY DEPENDING UPON LEGAL STATUS OF ASSIGNOR]
78
SCHEDULE TO APPENDIX B
[DETAILS OF PRODUCTS]
[DETAILS OF TRADEMARKS ETC INCLUDING REGISTRATION DETAILS]
79
APPENDIX C: APPROVED CONTRACTORS UNDERTAKING
[TO BE TYPED ON BURBERRY HEADED NOTEPAPER BY BURBERRY]
Date:
Dear Sirs
APPROVED CONTRACTORS UNDERTAKING
1. LIMITATION
1. This letter does not licence or authorise you to manufacture, supply or
sell Samples (as defined in paragraph 3(i) below) or Goods (as defined
in paragraph 3(ii) below) to any party other than Burberry Limited
("Burberry") or Inter Parfums, S.A. ("Licensee") acting as a licensee
to Burberry. Any such manufacture for or supply or sale to the Licensee
shall:
(a) be solely for the Licensee's purpose acting in its capacity as
a licensee to Burberry, and shall be in strict accordance with
the licence agreement between Burberry and the Licensee and
any written approval given thereunder; and
(b) in respect of manufacture shall only be carried out at the
industrial manufacturing premises at [ ] ("Factory") which you
represent and warrant are wholly owned and controlled by you.
2. This letter does not appoint you as a Burberry licensee. You are
strictly prohibited from holding yourself out as a Burberry licensee or
from purchasing any items (including products, materials, trimmings or
packaging) bearing Burberry Intellectual Property (as defined in
paragraph 4 below) except from another person who has been appointed or
approved by Burberry as a sub-contractor of the Licensee to manufacture
such items PROVIDED THAT:
(a) such appointment has not been terminated; and
(b) you notify Burberry of such purchase and provide to Burberry
such details in relation to such purchase as Burberry
requires; and
(c) such person has signed a letter in a form identical to or
similar to this letter.
3. This letter sets out the terms and conditions upon which Burberry
appoints or approves you as a sub-contractor of the Licensee to:
(i) produce such sample fragrance products incorporating Burberry
Intellectual Property ("Samples") or such designs for the
packaging or components of the packaging for those products
("Designs"); and/or
(ii) manufacture such fragrance products (in such packaging)
incorporating Burberry Intellectual Property in fulfilment of
separate orders ("Goods"),
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as specified in the attached schedule and for no other purpose and
(together with Burberry's or the Licensee's Conditions of Purchase from
time to time in force) will apply to any orders placed by Burberry or
the Licensee with you from time to time and in the case of any
inconsistency between the terms of this letter and the terms of any
individual order the terms of this letter shall prevail.
4. In consideration of your appointment hereunder to supply Burberry or
the Licensee you shall be authorised to use Burberry Intellectual
Property solely on and in connection with the Designs, Samples and/or
the Goods (as the case may be) in accordance with any specific written
authority or orders given by Burberry or the Licensee (acting pursuant
to the licence agreement between Burberry and the Licensee and written
approval given by Burberry thereunder) from time to time but for no
other purpose. In this letter Burberry Intellectual Property shall mean
all or any of the following as the same shall subsist from time to
time:
(a) all trade marks and designs registered or applied for in the
name of Burberry (whether in the UK or elsewhere);
(b) all trading names or brand names (whether registered or not)
presently or hereafter used by Burberry in which Burberry
claims any exclusive rights to the extent of the exclusive
rights claimed;
(c) all designs (whether registered or not) used by Burberry in
which Burberry claims any exclusive rights in particular
without prejudice to the generality of the foregoing the check
design (in whatever size and in whatever material) represented
by the famous and distinctive camel, red, white and black
check design used by Burberry for many years and known as "the
Burberry Check" (with which you are familiar);
(d) any works in which copyright and/or design right belongs to
Burberry;
(e) all patents registered or applied for in the name of Burberry
(whether in the UK or elsewhere); and
(f) any Created Rights (as defined in paragraph 8).
5. You shall not be entitled to sub-contract, assign or otherwise deal
with any of your duties, rights or obligations hereunder without
Burberry's prior written consent.
6. Without prejudice to the prohibition in paragraph 5, prior to your
sub-contracting any of your duties, rights or obligations hereunder to
a third party you shall procure for the benefit of Burberry an
undertaking from such third party on the same terms as this letter or
such other terms as shall then currently be used by Burberry and you
shall guarantee that upon the termination of that sub-contracting or
upon demand by Burberry such third party shall comply with the
obligations as imposed upon you as set out in paragraph 19 of this
letter. Notwithstanding the foregoing Burberry reserves the right at
any time at Burberry's absolute discretion to withdraw its consent to
your sub-contracting any of your duties, rights or obligations
hereunder, either in general or in relation to any specified third
party or parties, and if Burberry does so withdraw its consent you
shall forthwith cease so to use the relevant third party or parties and
shall place no further orders for Designs, Samples and/or Goods
therewith.
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7. You hereby agree to indemnify Burberry and keep Burberry fully and
effectively indemnified against any sums which Burberry is required to
pay to acquire full and free right title and interest to all and any
Created Rights (as defined in paragraph 8 below) from you, any
sub-contractor of yours or from any other third party.
8. You hereby acknowledge Burberry's sole and exclusive right title and
interest in Burberry Intellectual Property and you further acknowledge
and agree that all copyright, design rights and other rights of a
similar nature in any jurisdiction in all and any Designs, Samples
and/or Goods produced for supply to Burberry or the Licensee including
any drawings, sketches, plans, designs, artwork, illustrations, models,
instructions, formulae, lists of ingredients, technical information,
recipes, processes, instructions, computer programs, tooling or moulds
in respect thereof ("Created Rights") shall belong to Burberry and that
you hereby undertake to execute, or arrange to have executed, any and
all documentation required to vest all such rights in and to Burberry
(including without limitation the Assignment in the form annexed hereto
as the same may be amended from time to time by Burberry) and neither
you nor anyone acting on behalf of you shall claim any right title or
interest to such rights whatsoever. To the extent that any Created
Rights do not vest in Burberry by operation of law, you shall assign
the same to Burberry with full title guarantee, or where possible
hereby assign the same to Burberry with full title guarantee by way of
a present assignment of future rights.
9. You hereby undertake not:
(a) to use for your own purposes or to disclose or allow to be
disclosed to any third party any confidential information (or
information which is considered by Burberry to be
confidential) concerning the business or affairs of Burberry
including without limitation details of any know how or trade
secrets of Burberry including without limitation any such
know-how or trade secrets relating to the Formulae (as such
are defined in the licence agreement between Burberry and the
Licensee);
(b) to make any statement or announcement to any third party or
issue any press release concerning Burberry; and
(c) to make any statement in any form or indicate in any way that
there is any relationship between you and Burberry or that you
are an approved contractor.
10. You shall xxxx all and any artwork, drawings, illustrations or designs
and any other material, including without limitation the Designs made
by you, pursuant to an order from Burberry or the Licensee pursuant to
an order from Burberry, with the following statement "COPYRIGHT (C)
BURBERRY LIMITED [YEAR]" and shall maintain a record of the date of
creation of all such material.
11. If you shall become aware of any unauthorised use or suspected
unauthorised use of any of Burberry's Intellectual Property or of any
claim that any item bearing Burberry's Intellectual Property infringes
the rights of any third party you shall notify Burberry immediately and
shall give all information and assistance (other than financial) which
is required by Burberry to prosecute any claim or take any other
action, against any such infringer or to defend any such claim by any
third party. You shall not do or omit to do anything which may
prejudice Burberry's conduct of such proceedings or other action.
12. In the case of the production of Samples and/or Goods you hereby
undertake as follows:-
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(a) not to buy, sell, manufacture, produce or otherwise deal in
any merchandise in which, or on which, any Burberry
Intellectual Property is used or incorporated without
Burberry's prior written consent;
(b) not to use or allow to be used any items which incorporate or
represent any of the Burberry Intellectual Property supplied
for the production of Samples and/or Goods other than in the
production of such Samples and/or Goods;
(c) to deliver up to Burberry or its authorised representative all
excess, second quality and defective Goods and/or Samples in
or upon which the Burberry Intellectual Property has been
incorporated or appears, if so required, subject to payment by
Burberry of a reasonable price therefor (which price shall in
any event not exceed the lower of cost price or market value).
Any such Goods and/or Samples which are not required by
Burberry shall be destroyed at your own cost and you shall
provide Burberry with proof of compliance of this upon
Burberry's request; and
(d) to conform to and comply with all international and national
conventions and all relevant laws, rules and regulations
relating to the employment of labour (in particular without
limitation child and forced labour) and employees' terms and
conditions of employment and comply with general environment
responsibilities and best practices.
13. Where any items (including without limitation those referred to in sub
paragraph 12(b)) are supplied to you by or on behalf of Burberry or the
Licensee (whether such items are charged for or not) you shall hold
such items as bailee for and to the order of Burberry or the Licensee
respectively and shall deal with them as Burberry or the Licensee may
direct provided always that if you shall have paid any charges in
respect of such items and you are required to deliver the same to
Burberry or the Licensee or their respective authorised representative
such charges shall be reimbursed.
14. You hereby waive all and any moral rights (or rights of a similar
nature) arising in respect of the Created Rights.
15. At all times during your appointment hereunder, and for at least 6
months thereafter you hereby permit Burberry and/or its representative,
to enter and inspect at any time upon reasonable advance notice and
without any undue interruption in the normal business operations, any
premises upon which any Designs, Samples or Goods are being or have
been manufactured or stored and to supervise the manufacture or storage
of such Designs, Samples or Goods and to ensure compliance by you with
the terms of this letter and alter your practices where necessary to
comply with such terms.
16. Both throughout the duration of your appointment and for at least six
years thereafter you shall:
(a) provide forthwith at the request of Burberry full details of
all Goods and Samples you have supplied, all purchasers and/or
recipients of such Goods and Samples and your stock of Goods
and Samples and their current location;
(b) keep full and accurate books and records of accounts relating
to all dealings in respect of all Designs, Samples and Goods
produced and all your dealing in relation to this appointment;
and
83
(c) hereby permit Burberry and/or its representative to inspect at
any times such books and records and to make and retain copies
of them and/or extracts from them.
17. You shall not and shall procure that your employees and representatives
shall not:
(a) make or attempt to make directly or indirectly any payment or
gift of any description (whether or not such payment or gift
is solicited) to:
(i) any employee or representative of Burberry or any
company which is a holding company or subsidiary of
Burberry or under common control with Burberry; or
(ii) to any family relation of any person described in
sub-paragraph (i) above;
(b) in any way induce or attempt to induce (whether by means of a
payment of money or otherwise) any employee or representative
(including without limitation any licensee) of Burberry to
conceal from Burberry or to overlook any act, omission or
other circumstances which would amount to a breach of the
terms of this letter; or
(c) fail to notify Burberry in writing promptly if you, your
employees or representatives are aware that any such employee
or representative as referred to in sub-paragraph (b) above
has indicated that he/she may so overlook or conceal a breach
of the terms of this letter if so induced; or
(d) pay any broker's fees, bribes, pay-offs, commissions (other
than customary sales commissions in the ordinary course of
business), royalty sharing or the like to any third party
which relates in any way to this letter or your appointment
hereunder.
18. Burberry shall be entitled to terminate your appointment hereunder
together with any rights granted to you hereunder forthwith upon
written notice:
(a) in the event that Burberry and/or the Licensee wishes to place
no further orders with you;
(b) in the event that Burberry's agreement with the Licensee is
terminated or expires;
(c) in any circumstances in which any agreement between Burberry
and the Licensee allows such appointment to be terminated;
(d) in the event that Burberry wishes you to sign a revised form
of letter to replace this letter and you refuse to sign such
revised form of letter;
(e) if you breach any of the terms of this letter and, if such
breach is capable of remedy, shall not have remedied such
breach within 14 days of receipt of a notice from Burberry
requiring you to do so;
(f) if (being an individual or partnership) you have a bankruptcy
order made against you or (being a company) you shall enter
into liquidation or (being any of the aforementioned) you have
a receiver, administrator or administrative receiver appointed
of all or any part of your assets or shall enter into a
composition with your creditors or shall take or suffer any
action relating to your insolvency or in
84
consequence of debt similar or analogous to any of the
foregoing under the laws of any jurisdiction in the world;
(g) if you breach any of the terms of paragraph 5; and
(h) if you breach any of the terms of paragraph 9, 12 or 17.
19. Upon termination howsoever arising or expiry of the appointment to
which the terms of this letter relate or upon demand by Burberry, you
shall (subject to the provisions of paragraph 13) deliver up to
Burberry or the Licensee or their respective duly authorised
representative:
(a) the Designs, and all and any drawings, models, prototypes
and/or any other materials made by you pursuant to an order
from Burberry or the Licensee;
(b) all and any items incorporating Burberry Intellectual Property
which were supplied by Burberry or the Licensee to you in
connection with your appointment; and
(c) all and any Samples which have not been incorporated into
Goods pursuant to an order from Burberry or the Licensee,
and shall immediately cease to make any use of the Burberry
Intellectual Property. Without limitation to the foregoing, paragraphs
1, 2, 5, 6, 7, 8, 9, 12, 13, 14, 15, 16, 17, 19, 20, 21 and 22 shall
survive the termination for whatever reason of your appointment
hereunder.
20. This letter agreement does not constitute an order by Burberry or the
Licensee nor does it oblige Burberry or the Licensee to place any
order(s) with you in the future.
21. This letter shall supersede all previous Design and Samples letters or
Samples and Orders letters or the like between the parties.
22. It is acknowledged that the terms of this letter shall be governed by
and construed in accordance with the laws of England and you hereby
irrevocably submit to the exclusive jurisdiction of the English courts
provided that nothing herein shall prevent Burberry or the Licensee
applying for injunctive or any other relief which may be available to
it in the jurisdiction in which you carry on business in any particular
case.
To signify your agreement with the above please sign and return the attached
copy of this letter.
Yours faithfully
..........................................
For and on behalf of
BURBERRY LIMITED
85
We hereby agree to the above terms and conditions and agree to be bound by and
observe all of the obligations and undertakings hereunder.
.................................................
Duly authorised signatory
For and on behalf of
[ ]
86
SCHEDULE TO APPENDIX C
[LIST THE SAMPLES AND GOODS - SEE PARAGRAPH 3]
87
ANNEX TO APPENDIX C
Current Form - this is subject to variation by Burberry
THIS DEED OF ASSIGNMENT is made the day of 200[ ]
BETWEEN:
(3) BURBERRY LIMITED a company incorporated under the laws of England with
no. 162636 having its registered office at 00/00 Xxxxxxxxx Xxxxxx XX0X
0XX ("BURBERRY"); and
(4) [NAME AND ADDRESS OF ASSIGNOR] ("ASSIGNOR").
1. In this Assignment, the following terms shall have the following
meanings:
"ASSIGNED RIGHTS" means all Intellectual Property Rights in or in
respect of:
(d) the Products (including without limitation all external and
internal features thereof and the patents, patent
applications, names, brands, trade names and trade marks (if
any) listed in the schedule hereto); and
(e) all drawings, sketches, plans, designs, artwork,
illustrations, models, instructions, formulae, technical
information, lists of ingredients, recipes, computer programs,
processes, tooling and moulds created for the purpose of
designing and/or producing the Products; and
(f) all corresponding photographs, drawings, designs, artwork and
text in related advertising and marketing materials;
"INTELLECTUAL PROPERTY RIGHTS" means all patents, copyright, database
rights, design rights, trade marks, service marks, rights in trade
dress and rights of confidence in relation to any information or
know-how, in any case whether registered or unregistered, along with
any applications for registration thereof, and along with any rights
similar or analogous thereto in any part of the world;
"PRODUCTS" means the products listed in the schedule hereto.
2. The Assignor HEREBY ASSIGNS to Burberry with full title guarantee free
from all liens, charges and encumbrances all its right, title and
interest in the Assigned Rights together with all common law rights
connected thereto and together with all the rights of action, powers,
benefits and immunities belonging to the same wherever in the world,
including the right to xxx for and obtain damages and other relief in
respect of any act of infringement (whether past, present or future) of
the Assigned Rights or any of them or the violation of any common law
rights connected with the Assigned Rights or any of them TO HOLD the
same unto Burberry absolutely.
3 All goodwill in the Assigned Rights howsoever arising shall accrue to
Burberry.
4. The Assignor covenants with Burberry that it will execute all such
further assignments, transfers, deeds, documents or other assurances
and do all further acts and things as
88
Burberry may require in order to become registered as the proprietor of
any registered Assigned Rights and/or to become the legal and
beneficial owner of the Assigned Rights and otherwise to give effect to
the terms of this Assignment.
5. The Assignor has obtained (and shall deliver to Burberry on demand)
from the authors of the items and materials in which the Intellectual
Property Rights subsist absolute waivers of any rights they may have
and the Assignor hereby waives absolutely any rights he may have to be
identified as the author of any such items or materials and their
respective rights to object to any derogatory treatment thereof and so
far as legally possible any broadly equivalent rights they may have in
any territory in the world.
6. This Assignment shall be subject to English Law and the parties submit
to the exclusive jurisdiction of the English Courts.
In witness whereof the parties have executed and delivered this Deed on the
above date
EXECUTED AND DELIVERED by )
BURBERRY LIMITED ) .....................................
as a DEED by these signatures ) DIRECTOR
.....................................
DIRECTOR/SECRETARY
EXECUTED AND DELIVERED by )
[ASSIGNOR] )
as a DEED by these signatures )
[NB SIGNATURES WILL VARY DEPENDING UPON LEGAL STATUS OF ASSIGNOR]
89
APPENDIX D: QUESTIONNAIRE
-----------------------------------------------------------------------------------------------------------------------------------
BURBERRY ENVIRONMENTAL & SOCIAL RESPONSIBILITY QUESTIONNAIRE (TO BE COMPLETED ON
DISK AND PAPER BY LICENSEES & SUB-CONTRACTORS)
-----------------------------------------------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------------------------------------------
COMPANY NAME
-----------------------------------------------------------------------------------------------------------------------------------
NAME OF THE PARENT COMPANY (IF APPLICABLE)
-----------------------------------------------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------------------------------------------
FINISHED GOODS TO BE SUPPLIED TO INTER PARFUMS
-----------------------------------------------------------------------------------------------------------------------------------
Full Details of Item
-----------------------------------------------------------------------------------------------------------------------------------
Item 1
-----------------------------------------------------------------------------------------------------------------------------------
Item 2
-----------------------------------------------------------------------------------------------------------------------------------
Item 3
-----------------------------------------------------------------------------------------------------------------------------------
Item 4
-----------------------------------------------------------------------------------------------------------------------------------
Item 5
-----------------------------------------------------------------------------------------------------------------------------------
Item 6
-----------------------------------------------------------------------------------------------------------------------------------
Item 7
-----------------------------------------------------------------------------------------------------------------------------------
Item 8
-----------------------------------------------------------------------------------------------------------------------------------
Item 9
-----------------------------------------------------------------------------------------------------------------------------------
Item 10
-----------------------------------------------------------------------------------------------------------------------------------
..... PLEASE CONTINUE LISTING IN THIS WAY IF THERE ARE MORE THAN 10
FINISHED PRODUCT / GOODS SUPPLIED...
-----------------------------------------------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------------------------------------------
Value of annual turnover (for the last financial year):
-----------------------------------------------------------------------------------------------------------------------------------
What percentage of your business is represented by Burberry (or by
Burberry's licensee if you are completing this form as a sub-contractor):
-----------------------------------------------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------------------------------------------
MANAGEMENT CONTACT DETAILS
-----------------------------------------------------------------------------------------------------------------------------------
Contact for social monitoring purposes (name and title):
-----------------------------------------------------------------------------------------------------------------------------------
Mailing address:
-----------------------------------------------------------------------------------------------------------------------------------
E-mail address:
-----------------------------------------------------------------------------------------------------------------------------------
Telephone number:
-----------------------------------------------------------------------------------------------------------------------------------
Fax number:
-----------------------------------------------------------------------------------------------------------------------------------
Mobile:
-----------------------------------------------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------------------------------------------
Other relevant contacts (name and title):
-----------------------------------------------------------------------------------------------------------------------------------
Mailing address:
-----------------------------------------------------------------------------------------------------------------------------------
E-mail address:
-----------------------------------------------------------------------------------------------------------------------------------
Telephone number:
-----------------------------------------------------------------------------------------------------------------------------------
Fax number:
-----------------------------------------------------------------------------------------------------------------------------------
Mobile:
-----------------------------------------------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------------------------------------------
TRADE UNION DETAILS
-----------------------------------------------------------------------------------------------------------------------------------
Name of trade union represented:
-----------------------------------------------------------------------------------------------------------------------------------
Name of relevant contacts:
-----------------------------------------------------------------------------------------------------------------------------------
Contact telephone number:
-----------------------------------------------------------------------------------------------------------------------------------
90
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Contact email address:
-----------------------------------------------------------------------------------------------------------------------------------
Contact fax number:
-----------------------------------------------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------------------------------------------
EMPLOYEE DETAILS Total Female Male
-----------------------------------------------------------------------------------------------------------------------------------
Admin/management
-----------------------------------------------------------------------------------------------------------------------------------
Factory workers
-----------------------------------------------------------------------------------------------------------------------------------
Other employees
-----------------------------------------------------------------------------------------------------------------------------------
Total
-----------------------------------------------------------------------------------------------------------------------------------
Number of employees living in accommodation provided for by the company
-----------------------------------------------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------------------------------------------
MATERIALS, PACKAGING & LABELLING
-----------------------------------------------------------------------------------------------------------------------------------
What percent of your packaging is done with : recycled materials ?
-----------------------------------------------------------------------------------------------------------------------------------
recyclable materials ?
-----------------------------------------------------------------------------------------------------------------------------------
Does your company use the banned dyes or materials listed in your Y/N
Contractor's Undertaking? If yes, please provide details
-----------------------------------------------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------------------------------------------
POLICY DOCUMENTARY INFORMATION PROVIDED ?
-----------------------------------------------------------------------------------------------------------------------------------
Please provide copies of your health, safety and environment policy Y/N
-----------------------------------------------------------------------------------------------------------------------------------
Please provide copies of employee related policies Y/N
-----------------------------------------------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------------------------------------------
DO YOU MANUFACTURE ? Y/N
-----------------------------------------------------------------------------------------------------------------------------------
If yes, please provide a list of all products manufactured for Burberry clearly marking which products contain
Burberry intellectual property Y/N
-----------------------------------------------------------------------------------------------------------------------------------
Item 1
-----------------------------------------------------------------------------------------------------------------------------------
Item 2
-----------------------------------------------------------------------------------------------------------------------------------
Item 3
-----------------------------------------------------------------------------------------------------------------------------------
Item 4
-----------------------------------------------------------------------------------------------------------------------------------
Item 5
-----------------------------------------------------------------------------------------------------------------------------------
..... PLEASE CONTINUE LISTING IN THIS WAY IF MORE THAN 10 PRODUCTS ARE MANUFACTURED ...
-----------------------------------------------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------------------------------------------
Full name and address details of all factories (wholly owned by the Products (raw materials or finished goods)
manufactured at this No. of factory No. of company completing this form) manufacturing Burberry products
factory units at address accommodation including number of factory
units and number of accommodation facilities facilities at each
address at address
-----------------------------------------------------------------------------------------------------------------------------------
Factory 1
-----------------------------------------------------------------------------------------------------------------------------------
Factory 2
-----------------------------------------------------------------------------------------------------------------------------------
Factory 3
-----------------------------------------------------------------------------------------------------------------------------------
..... PLEASE CONTINUE LISTING IN THIS WAY IF MORE THAN 3 FACTORIES ...
-----------------------------------------------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------------------------------------------
91
-----------------------------------------------------------------------------------------------------------------------------------
Please provide a list of the countries from which you source raw Raw materials supplied
materials
-----------------------------------------------------------------------------------------------------------------------------------
Jurisdiction 1
-----------------------------------------------------------------------------------------------------------------------------------
Jurisdiction 2
-----------------------------------------------------------------------------------------------------------------------------------
Jurisdiction 3
-----------------------------------------------------------------------------------------------------------------------------------
..... PLEASE CONTINUE LISTING IN THIS WAY IF RAW MATERIALS ARE SOURCED FROM MORE THAN 3 COUNTRIES...
-----------------------------------------------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------------------------------------------
Number of outworkers used : (IF OUTWORKERS USED, PLEASE SPECIFY ACTIVITY OF
EACH OUTWORKER)
-----------------------------------------------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------------------------------------------
Number of homeworkers used : (IF HOMEWORKERS USED, PLEASE SPECIFY ACTIVITY OF
EACH HOMEWORKER)
-----------------------------------------------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------------------------------------------
DO YOU USE SUB-CONTRACTORS ? Y/N
-----------------------------------------------------------------------------------------------------------------------------------
IF YES, PLEASE PROVIDE DETAILS OF SUB-CONTRACTORS BY ENCLOSING THIS
FORM COMPLETED AND SIGNED BY EACH SUB-CONTRACTOR.
-----------------------------------------------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------------------------------------------
WORKING WITH YOUR SUPPLIERS AND SUBCONTRACTORS DESCRIBE PROCEDURES HERE ...
-----------------------------------------------------------------------------------------------------------------------------------
Please fully describe the procedures you have adopted (if any) to
ensure that your suppliers and subcontractors are compliant with
local environmental, health and safety and labour laws. Attach any
relevant policy or procedure.
-----------------------------------------------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------------------------------------------
I confirm, that the information provided fairly reflects our business
operations, practices and sourcing processes, and that we agree
to comply with Burberry's Environmental and Social Responsibility
Policy (as it may be amended by Burberry from time to time).
-----------------------------------------------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------------------------------------------
Signature :
-----------------------------------------------------------------------------------------------------------------------------------
Name (please print) : Position :
-----------------------------------------------------------------------------------------------------------------------------------
Date :
-----------------------------------------------------------------------------------------------------------------------------------
The person named above should be a company director or member of
senior management.
-----------------------------------------------------------------------------------------------------------------------------------
92
APPENDIX E: CODE OF BUSINESS PRINCIPLES
1. CODE OF BUSINESS PRINCIPLES
1.1 Code
The following Code of Business Principles (the "CODE") has been
approved by the Board of Directors of the Company.
THE COMPANY OPERATES IN MANY DIFFERENT MARKETS AND COUNTRIES THROUGHOUT
THE WORLD. IN ALL INSTANCES, WE RESPECT NATIONAL LAWS AND INDUSTRY
CODES OF CONDUCT
o We, the directors and employees of the Company recognise our
obligations to all with whom we have a business relationship including
shareholders, customers, employees, and suppliers;
o Information about our business shall be communicated clearly, and
accurately in a non-discriminatory manner and in accordance with local
regulations;
o We believe that trust is a vital element in the successful conduct of
the Company's business and accordingly all information provided and
statements made by any employee must be truthful, accurate and not
misleading;
o We select and promote employees on the basis of their qualifications
and merit, without discrimination or concern for race, religion,
national origin, colour, sex, sexual orientation, age or disability;
o We do not employ a person who is an Immediate Relative of an employee
unless such employment has been approved by the Board of Directors of
the Company "Immediate Relative" means and includes spouse, common law
partner, children, brothers, sisters, cousins, aunts, parents,
grandparents and the aforesaid relatives by marriage;
o We believe that a workplace should be safe and civilized; we will not
tolerate sexual harassment or offensive behaviour of any kind, which
includes the demeaning of individuals through words or actions or the
display or distribution of offensive material;
o We will treat all information relating to the Company's business, or to
its customers, as confidential and confidential information must not be
used for personal gain;
o Insider dealing, whether in the shares of any parent company of the
Company or any customer or supplier, is prohibited;
o We will not knowingly create work which contains statements,
suggestions or images offensive to general public decency;
o We will not for direct or indirect personal gain directly or indirectly
engage in any activity which competes with companies within the Group
or with our obligations to any such company;
93
o We will not offer any items of personal inducement whether to secure
business or otherwise. This is not intended to prohibit business
lunches or dinners or the making of occasional gifts of minor value
(that is gifts of less than US$20 value) unless the relevant customer
or a supplier or other person with whom we will have a commercial
relationship has a policy which restricts such lunches, dinners or
gifts;
o No director or employee of the Company will accept for personal benefit
any goods or services from suppliers, potential suppliers or other
third parties;
o We will not have any personal or family conflicts of interest with our
suppliers or other third parties with whom we do business;
o No corporate contributions of any kind, including the provision of
services or materials for less than the market value, may be made to
any governmental or regulatory authority or politicians, political
parties or action committees, without the prior written approval of the
agreement of all of the Company's shareholders;
o We do not permit the possession, uses or distribution of any illegal
drugs, or use of any legal or controlled drugs (or alcohol) other than
in the manner for which they were properly approved and prescribed,
while on the Company or customer premises or conducting the Company's
business;
o We do not permit the use of child or forced labour by the Company and
we do not permit the purchase of products from any supplier or the sale
of products to any customer whom we know or suspect uses child or
forced labour in its business;
o We do not permit the purchase of products from any supplier or the sale
of products to any customer whom we know or suspect discriminates
against its employees, suppliers or its customers (including consumers)
on the basis of race, religion, national origin, colour, sex, sexual
orientation, age or disability.
o We will comply with all applicable local laws and regulations including
without limitations the laws of Italy, and any other laws with an
international reach, including (without limitation) import/export
regulations and the US Foreign Corrupt Practices Act, where relevant;
o No officer or employee of the Company shall conduct themselves in a
manner which brings the Company into disrepute.
ACTUAL OR POTENTIAL CONFLICTS WITH THIS CODE SHOULD BE REPORTED PROMPTLY TO THE
GENERAL COUNSEL OF BURBERRY LIMITED IN LONDON.
94
APPENDIX F: ENVIRONMENTAL AND SOCIAL RESPONSIBILITY
95
Environmental & Social Responsibility
A guide to Burberry policy (Licensee Version)
96
BURBERRY
PRIVATE AND CONFIDENTIAL
This document contains details of Burberry's policy relating to Environmental
and Social Responsibility
All licensees and their sub-contractors must familiarise themselves and comply
with the contents of this document and ensure that its contents are passed to
all relevant parties in their organisations
97
BURBERRY'S COMMITMENT TO ENVIRONMENTAL AND SOCIAL RESPONSIBILITY
INTRODUCTION
This document covers:
o Burberry's relationship with its
Licensees
o Responsibilities on Ethical trading
o Packaging and waste regulations
o Materials and labelling
BURBERRY ENVIRONMENTAL POLICY
Burberry's majority shareholder is XXX. The
company shares the XXX commitment to be a
good corporate citizen.
Specifically, Burberry will:
o comply with all relevant environmental
legislation;
o measure and continually improve
performance with respect to its main
environmental impacts in a manner
consistent with its commercial
objectives;
o report on the environmental impacts of
its activities and progress towards
meeting its goals; and
o monitor its licensees' environmental
management arrangements.
The activities of Burberry (manufacturing,
distributing, retailing and licensing luxury
clothes, accessories and other goods) lead
to a number of environmental impacts.
Burberry's priorities are:
o managing and, where practicable, reducing
the waste from operations;
o understanding and, where practicable,
reducing the volumes of packaging used;
o improving energy management; and
o monitoring licensees to ensure acceptable
environmental performance.
98
In each of these areas Burberry will set
targets for itself, its licensees and its
suppliers and will measure performance.
The responsibility for setting the targets
and agreeing improvement plans rests with
the Burberry Executive (the "Executive").
Environmental matters are the specific
responsibility of the Chief Operating
Officer. He will table an annual
environmental update to the Executive. The
Executive will review this policy every
year.
EXTERNAL COMMUNICATIONS
The Environmental Policy states that
Burberry will report on its environmental
impacts and progress towards meeting its
goals. This is part of a wider communication
to:
o Burberry's customers, so that they are
able to make informed purchase decisions;
o Burberry's licensees and suppliers, so
they can help us reach our goals; and
o the public and outside agencies, so they
understand that Burberry is a responsible
company.
The XXX Environmental Report for 2001 is
available on request from the Quality
Assurance Department within Burberry.
LICENSEES
Our licensees play an important part in
helping Burberry reach its goals. They do
this by ensuring that they follow good
environmental and social practices.
On Burberry's part, Burberry will openly
share relevant environmental information
with its licensees including:
o its environmental concerns as responsible
stakeholders;
o information about environmental issues
and legislation;
o industry best practices and other
developments;
o specific areas/issues for improvement;
and
o Burberry's policy in respect of producing
and maintaining clear consistent
user-friendly guidelines.
Burberry expects and demands high standards
from all its licensees.
99
ETHICAL AND ENVIRONMENTAL STANDARDS
Burberry expects all of its licensees to
sign up to its principles and standards of
conduct, as set out below.
PRINCIPLES OF CONDUCT
As a licensee of Burberry we share its
commitment to high standards in the
following areas:
o occupational safety and health;
o employee welfare including labour
standards and discrimination policies;
and
o minimising our impact on the environment.
STANDARDS OF CONDUCT
Within these principles we operate to the
following specific standards of conduct:
1. we do not employ any person below the age
of 15 or below the legal minimum age
(where this is higher) in the countries
in which we operate;
2. we do not use forced labour in any form
(prison, indentured, bonded or otherwise)
and staff are not required to lodge
papers or deposits on starting work;
3. we have written health and safety
guidelines and provide relevant training
for employees. We comply with all
applicable local environmental, safety
and health regulations;
4. we have produced or are intending to
produce within the next twelve months an
environmental policy;
5. within the customs and practices of the
countries in which we operate we do not
discriminate against any worker or
officer of the company on any grounds
(including race, religion, disability, or
gender). There are some instances when
licensees might feel that a degree of
discrimination is part of a
jurisdiction's culture and therefore
Licensees might feel that a degree of
discrimination is necessary for the
effective functioning of the workplace.
We acknowledge that there may be such
cases, although we consider this to be
very much the exception rather than the
rule. Where licensee companies think that
this is the case, we insist that their
employment policies are explicit on the
matter, and that they provide full
details to us in writing stating the
reasons behind their practice. We do not
engage in or support the use of corporal
punishment, mental, physical sexual or
verbal abuse;
100
6. we provide each employee with at least
the minimum wage, or the prevailing
industry wage, (whichever is higher) and
provide each employee with all legally
mandated benefits;
7. we provide one day off in seven and
require no more than 60 hours of work per
week, or comply with local limits if they
are lower;
8. we comply with all relevant environmental
legislation in the regions in which we
operate. We have identified all the
hazardous or toxic waste we produce, and
are confident that it is disposed of by
competent bodies via authorised disposal
routes; and
9. we will endeavour to ensure that all of
our contractors adopt these principles
themselves."
Every licensee of Burberry will be asked to
indicate their and their sub-contractors'
current and continuing compliance with these
principles and standards. Some licensees
will also be asked to complete a more
detailed questionnaire explaining their
environmental and social practices. We plan
to visit our licensees and their
sub-contractors where appropriate as part of
our licensee management programme.
Burberry recognises that its objectives can
only be achieved through co-operation
throughout the whole Supply Chain. Therefore
Burberry requires all its licensees and
suppliers to endeavour to achieve the
following objectives in respect of
packaging, materials and labelling:
PACKAGING
Minimising the amount of packaging Burberry
and its licensees and suppliers use is one
of the priority areas identified in
Burberry's environmental policy. Burberry's
specific objectives are to:
o minimise the amount of packaging material
used to protect merchandise in storage
and distribution, and in the presentation
of the product to our customers;
o discourage/eliminate the use of all heavy
metals and other materials which have
significant and/or persistent damaging
impact on the environment, for example
chlorine-gas, bleach paper and cardboard;
and
o increase the proportion of recycled
material we use except where hygiene,
safety and product performance are
adversely affected.
Effective partnership must exist between
packaging suppliers, product manufacturers,
distributors and Burberry and its licensees
and suppliers.
101
Burberry, its licensees and suppliers will
endeavour to purchase those products that
minimise energy, usage and other adverse
impacts on the environment.
Burberry recognises the need for packaging
materials for the purpose of presentation
and the maintenance of product quality and
safety.
Packaging must be of sufficient design, size
and strength to protect product throughout
the Supply Chain including transportation.
Materials and Labelling
All materials in any product and packaging
must meet all UK, EU and any other relevant
territory's, laws, standards, directives and
regulations, codes of practice and decisions
having the force of law.
Burberry prohibits the use of Azo dyes in
its products. In the case of doubt, a full
list of prohibited chemicals is available on
request from the Quality Assurance
Department within Burberry.
Burberry asks that licensees make it aware
of any materials in products that may be
particularly sensitive from an
environmental/ethical perspective. Examples
of such materials might include:
o Animal products, including fur, bone,
ivory, shell or horn (excluding leather
from domestic cattle or pigs);
o Tropical or other hardwoods;
o Heavy metals (e.g. mercury, cadmium or
lead); and
o Organic compounds implicated as
carcinogens or persistent organic
pollutants.
Burberry expects all products to be labelled
accurately, and in accordance with the laws,
standards directives and regulations
pertaining in the UK, the EU, the
jurisdiction of sale, and in any other
relevant territory.
Where appropriate Burberry encourages
licensees to label packaging as recycled, or
recyclable, provided that such markings are
consistent with the Burberry brand.
DEDICATED PERSONNEL
All Licensees shall appoint an employee who shall be responsible for the
implementation of this Environmental and Social Responsibility Policy and the
name and details of such employee should be notified to Burberry upon his
appointment and replacement from time to time.
102
APPENDIX G: BANNED SUBSTANCES
PRESCRIPTION LIST
LIST OF BANNED MATERIALS:
----------------------------------------------------------------------------------------------------------------------------
GROUP NAME CAS NUMBER NAMES
----------------------------------------------------------------------------------------------------------------------------
Aldehydes 50-00-0 Formaldehyde; Formalin; Methanal; Methyl aldehyde
----------------------------------------------------------------------------------------------------------------------------
Artificial Musks Not available Musk tibetene; (2,6-dinitro-3,4,5-trimethyl-1-t.butylbenzene); MT
----------------------------------------------------------------------------------------------------------------------------
Artificial Musks Not available Tonalide; (7-acetyl-1,1,3,4,4,6-hexamethyl-1,2,3,4-tetrahydronaphthalene); AHTN
----------------------------------------------------------------------------------------------------------------------------
Artificial Musks Not available Galaxolide; (1,3,4,6,7,8-hexahydro-4,6,6,7,8,8-hexamethylcyclopenta-2-benzopyran); HHCB
----------------------------------------------------------------------------------------------------------------------------
Azodyes 91-94-1 3,3'-dichlorobenzidine; 3,3'-dichlorobiphenyl-4,4'-ylenediamine
----------------------------------------------------------------------------------------------------------------------------
Azodyes 60-09-03 4-amino azobenzene
----------------------------------------------------------------------------------------------------------------------------
Azodyes 90-04-0 o-anisidine; 2-methoxyaniline
----------------------------------------------------------------------------------------------------------------------------
Azodyes 137-17-7 2,4,5-trimethylaniline
----------------------------------------------------------------------------------------------------------------------------
Azodyes 95-80-7 4-methyl-m-phenylenediamine
----------------------------------------------------------------------------------------------------------------------------
Azodyes 95-53-4 o-toluidine; 2-aminotoluene
----------------------------------------------------------------------------------------------------------------------------
Azodyes 139-65-1 4,4'-thiodianiline
----------------------------------------------------------------------------------------------------------------------------
Azodyes 101-80-4 4,4'-oxydianiline
----------------------------------------------------------------------------------------------------------------------------
Azodyes 120-71-8 6-methoxy-m-toluidine; p-cresidine
----------------------------------------------------------------------------------------------------------------------------
Azodyes Not available A mixture of: disodium (6-(4- anisidino)-3-sulfonato-2-(3,5- dinitro-2-oxidophenylazo)-
1-naphtholato)(1- (5-chloro-2-oxidophenylazo)- 2-naphtholato)chromate(1-); trisodium
bis(6-(4-anisidino)-3- sulfonato-2-(3,5-dinitro-2- oxidophenylazo)- 1-naphtholato)
----------------------------------------------------------------------------------------------------------------------------
Azodyes 119-90-4 3,3'-dimethoxybenzidine; o-dianisidine
----------------------------------------------------------------------------------------------------------------------------
Azodyes 101-14-4 4,4'-methylene-bis- (2-chloro-aniline); 2,2'-dichloro-4,4'-methylenedianiline
----------------------------------------------------------------------------------------------------------------------------
Azodyes 101-77-9 4,4'-methylenedianiline; 4,4'-diaminodiphenylmethane
----------------------------------------------------------------------------------------------------------------------------
Azodyes 615-05-4 4-methoxy-m-phenylenediamine
----------------------------------------------------------------------------------------------------------------------------
Azodyes 106-47-8 4-chloroaniline
----------------------------------------------------------------------------------------------------------------------------
Azodyes 99-55-8 5-nitro-o-toluidine
----------------------------------------------------------------------------------------------------------------------------
Azodyes 97-56-3 o-aminoazotoluene; 4-amino-2',3 dimethylazobenzene; 4-o-tolylazo-o toluidine
----------------------------------------------------------------------------------------------------------------------------
Azodyes 91-59-8 2-naphthylamine
----------------------------------------------------------------------------------------------------------------------------
Azodyes 95-69-2 4-chloro-o-toluidine
----------------------------------------------------------------------------------------------------------------------------
Azodyes 92-87-5 Benzidine
----------------------------------------------------------------------------------------------------------------------------
Azodyes 92-67-1 biphenyl-4-ylamine, 4-aminobiphenyl, xenylamine
----------------------------------------------------------------------------------------------------------------------------
Azodyes 119-93-7 3,3'-dimethylbenzidine; 4,4'-bi-o-toluidine
----------------------------------------------------------------------------------------------------------------------------
Azodyes Not available trisodium bis(6-(4-anisidino)-3- sulfonato-2-(3,5-dinitro-2- oxidophenylazo)-
1-naphtholato)chromate(1-) (C46H30CrN10O20S 2.3Na )
----------------------------------------------------------------------------------------------------------------------------
Azodyes 118685-33-9 disodium (6-(4- anisidino)-3-sulfonato-2-(3,5- dinitro-2-oxidophenylazo)-
1-naphtholato)(1- (5-chloro-2-oxidophenylazo)- 2-naphtholato)chromate(1-);
(C39H23ClCrN7O12S.2Na )
----------------------------------------------------------------------------------------------------------------------------
Azodyes 838-88-0 4,4'-methylenedi-o-toluidine
----------------------------------------------------------------------------------------------------------------------------
Brominated 545-55-1 Tris-(aziridinyl)-phosphine oxide (TEPA); Aziridine, 1,1',1' - phosphinylidynetris;
Flame Retardants Triethylenephosphoramide; Triethylenephosphorotriamide; Tris(1-aziridinyl) phosphine
oxide
----------------------------------------------------------------------------------------------------------------------------
103
----------------------------------------------------------------------------------------------------------------------------
GROUP NAME CAS NUMBER NAMES
----------------------------------------------------------------------------------------------------------------------------
Brominated 126-72-7 1-Propanol, 2,3-dibromo-, phosphate (3:1); Tris(2,3-dibromopropyl) phosphate; TRIS;
Flame Retardants Tris(2,3-dibromo-1 propyl) phosphate; Dibromopropyl phosphate, tris, 2,3-;
Tris(2,3-Dibromopropyl) phosphate
----------------------------------------------------------------------------------------------------------------------------
Brominated Group of Polybrominated biphenyls; PBBs; PBDE; Firemaster.
Flame Retardants Compounds
----------------------------------------------------------------------------------------------------------------------------
CFCs Group of Chlorofluorocarbons, CFCs
Compounds
----------------------------------------------------------------------------------------------------------------------------
Chlorinated 87-86-5 Pentachlorophenol; Phenol, pentachloro- ; Pentrachlorophenol;
Phenols PCP; Santophen 20; Penta
----------------------------------------------------------------------------------------------------------------------------
Halogenated 75-01-4 Vinyl chloride
Organics
----------------------------------------------------------------------------------------------------------------------------
Halogenated 67-66-3 Methane, trichloro- ; Chloroform; Trichloromethane; Methyl trichloride
Organics
----------------------------------------------------------------------------------------------------------------------------
Halogenated 75-09-2 Methane, dichloro- ; Methylene chloride; Dichloromethane; Methylene Chloride;
Organics Methylene dichloride;
Freon 30.
----------------------------------------------------------------------------------------------------------------------------
Halogenated 97-18-7 Phenol, 2,2'-thiobis[4,6-dichloro-; Phenol, 2,2'-thiobis(4,6-
Organics dichloro)-; 2,2'-Thiobis(4,6-dichlorophenol); Phenol, 2,2'-thiobis(4,6-dichloro-;
Bithionol; Thiodichlorophenol, 2,2'-, bis[4,6-;
2,2'-Dihydroxy-3,3',5,5'-tetrachlorodiphenyl sulfide; 2,2'-Dih
----------------------------------------------------------------------------------------------------------------------------
Halogenated 935-95-5 Phenol; 2,3,5,6-tetrachloro-; 2,3,5,6-Tetrachlorophenol;
Organics Tetrachlorophenol, 2,3,5,6-
----------------------------------------------------------------------------------------------------------------------------
Halogenated 1154-59-2 Benzamide, 3,5-dichloro-N-(3,4-dichlorophenyl)-2-hydroxy-; Tetrachlorosalicylanilide;
Organics 3,3',4',5-Tetrachlorosalicylanilide;
3,5-Dichlorosalicyl-3,4-dichloroanilide; Irgasan BS-200; TCSA
------------------------------------------------------------------------------------------------------------------------------
Halogenated 70-30-4 Phenol, 2,2'-methylenebis
Organics [3,4,6-trichloro- ; Hexachlorophene ; Phenol, 2,2'-methylenebis
[3,4,6- trichloro- ; Phenol, 2,2'-methylenebis
(3,4,6-trichloro- ; Nabac ; 2,2'-Methylenebis(3,4,6-
trichlorophenol); 2,2'-Dihydroxy-3,3'5,5',6,6'-
hexachlorod
----------------------------------------------------------------------------------------------------------------------------
Halogenated 3380-34-5 Triclosan; Phenol, 5-chloro-2-(2,4-dichlorophenoxy)-;
Organics 2,4,4'-Trichloro-2'-hydroxydiphenyl ether;
5-Chloro-2-(2,4-dichlorophenoxy)phenol;
CH-3565; Irgasan DP-300; Lexol 300.
----------------------------------------------------------------------------------------------------------------------------
Metals 7440-67-7 Zirconium, Zr
----------------------------------------------------------------------------------------------------------------------------
Metals 7439-97-6 Mercury, Quicksilver
----------------------------------------------------------------------------------------------------------------------------
Nitro Musks 83-66-9 Musk ambrette, Benzene, 1-(1,1-dimethylethyl) -2-methoxy-4-methyl-3,5- dinitro-
----------------------------------------------------------------------------------------------------------------------------
Nitro Musks 81-14-1 Musk ketone; Ethanone, 1-[4-(1,1-dimethylethyl)-2,6-dimethyl-3,5-dinitrophenyl]-;
Acetophenone, 4'-tert-butyl-2',6'-dimethyl-3',5'-dinitro-
-3,5-dimethyl-2,4,6-trinitro-; m-Xylene, 5-tert-butyl-2,4,6-
trinitro-
----------------------------------------------------------------------------------------------------------------------------
Nitro Musks 81-15-2 Musk xylene; Benzene, 1-(1,1-dimethylethyl)
-3,5-dimethyl-2,4,6-trinitro-; m-Xylene, 5-tert-butyl-2,4,6-
trinitro-
----------------------------------------------------------------------------------------------------------------------------
Nitrosamines Group of Nitrosamines.
Compounds
----------------------------------------------------------------------------------------------------------------------------
NPEs/APEs 00000-00-0 Nonylphenol; NP
----------------------------------------------------------------------------------------------------------------------------
104
----------------------------------------------------------------------------------------------------------------------------
GROUP NAME CAS NUMBER NAMES
----------------------------------------------------------------------------------------------------------------------------
NPEs/APEs 00000-00-0 Octylphenol, Octylphenol ethoxylates
----------------------------------------------------------------------------------------------------------------------------
NPEs/APEs 9016-45-9 Nonylphenol ethoxylate; NPEs
----------------------------------------------------------------------------------------------------------------------------
Organic Solvents 111-15-9 Ethoxyethanol acetate
----------------------------------------------------------------------------------------------------------------------------
Organic Solvents 123-91-1 1,4-Dioxane; Dioxane; 1,4-Diethyleneoxide; p-Dioxane; Diethylene ether;
1,4-Diethylenedioxide; Dioxane, 1,4-;
1,4-Diethylene dioxide; 1,4-Diethylene oxide;
para-Dioxane
----------------------------------------------------------------------------------------------------------------------------
Organic Solvents 109-86-4 Methoxyethanol
----------------------------------------------------------------------------------------------------------------------------
Organic Solvents 110-80-5 Ethoxyethanol
----------------------------------------------------------------------------------------------------------------------------
Organic Solvents 110-49-6 Methoxyethanol acetate
----------------------------------------------------------------------------------------------------------------------------
Organics Not available Acetylethyltetramethyltetralin, AETT
----------------------------------------------------------------------------------------------------------------------------
Organics 92-48-8 2H-1-Benzopyran-2-one, 6-methyl-; 6-Methylcoumarin; Coumarin, 6-methyl-;
Methylcoumarin, 6-
----------------------------------------------------------------------------------------------------------------------------
Organotins 688-73-3 Tributyltin, Related compounds include: bis (tributyltin) oxide (CAS number 56-35-9);
Dibutyltin DBT; Triphenyltin TPT; Dioctyltin
DOT; Monooctyltin MOT; Tributyltin TBT;
Monobutyltin MBT; Tetrabutyltin TeBT
----------------------------------------------------------------------------------------------------------------------------
Phthalates 84-74-2 DBP; Dibutyl phthalate
----------------------------------------------------------------------------------------------------------------------------
Phthalates 00000-00-0 DINP; di-isononyl phthalate
----------------------------------------------------------------------------------------------------------------------------
Phthalates 117-81-7 DNOP; dioctyl phthalate
----------------------------------------------------------------------------------------------------------------------------
Phthalates 00000-00-0 DIDP; di-isodecyl phthalate
----------------------------------------------------------------------------------------------------------------------------
Phthalates 85-68-7 BBP; benzyl butyl phthalate
----------------------------------------------------------------------------------------------------------------------------
Phthalates 84-61-7 DCHP; dicyclohexyl phthalate
----------------------------------------------------------------------------------------------------------------------------
Phthalates 84-66-2 DEP; Diethyl phthalate; 1,2-Benzenedicarboxylic acid; diethyl ester; Diethyl phthalate;
Phthalic acid, diethyl ester; Ethyl phthalate
----------------------------------------------------------------------------------------------------------------------------
Phthalates 117-81-7 DEHP; Di-(2-ethylhexyl) phthalate; Bis(2-ethylhexyl) phthalate
----------------------------------------------------------------------------------------------------------------------------
Phthalates 131-11-3 DMP; dimethyl phthalate
----------------------------------------------------------------------------------------------------------------------------
Plastics 80-05-7 Bisphenol-A; BPA; Phenol, 4,4'-(1-methylethylidene)bis-; Bisphenol A;
Intermediates 4,4-Isopropylidenediphenol; Phenol, 4,4'-isopropylidenedi-;
4,4'-Isopropylidenediphenol; Bisphenol A (.alpha.)
----------------------------------------------------------------------------------------------------------------------------
105
SCHEDULE 1: LICENSED TRADE MARKS
106
BURBERRY'S TRADE MARKS - CLASS 3 - REGISTERED
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2373 Burberry Limited Algeria BURBERRY 3 001073 058605 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
17-Jun-2000 17-Jun-2000
2392 Burberry Limited Algeria Burberry Check 3 001074 58606 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
17-Jun-2000 17-Jun-2000
31322 Burberry Limited Algeria BURBERRYS 3 516 61437 REG Non-medicated toilet
preparations, perfumes,
cosmetic preparations,
soaps, shampoos,
preparations for the hair,
anti-perspirants, eau de
cologne and toilet water.
28-Sep-1981
2396 Burberry Limited Algeria Equestrian Knight 3 001075 58607 REG Class 3: Non-medicated
Device toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
17-Jun-2000 17-Jun-2000
107
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2552 Burberry Limited Andorra BURBERRY 3 14.672 14.666 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
25-May-2000
2566 Burberry Limited Andorra Burberry Check 3 14.674 14.669 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
26-May-2000
2553 Burberry Limited Andorra Equestrian Knight 3 14.673 14.664 REG Class 3: Non-medicated
Device Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
25-May-2000
33099 Burberry Limited Argentina BURBERRY 3 1548088 REG Perfumery, essential oils,
cosmetics; toilet products
including toilet soaps, hair
lotions, dentifrices, nail
files of paper or xxxxx
cloth, deodorants and
anti-perspirants for
personal use.
54343 Burberry Limited Argentina BURBERRY CHECK 3 1966335 1581003 REG Perfumery, essential oils,
cosmetics; toilet products,
including toilet soaps; hair
lotions; dentifrices; nail
files of paper or xxxxx
cloth; deodorants and
anti-perspirants for
personal use.
34082 Burberry Limited Argentina BURBERRYS 3 1700788 1827258 REG All the goods in the class.
27-Dec-1989
108
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
36667 Burberry Limited Argentina EQUESTRIAN KNIGHT 3 1841006 1485419 REG All goods in this class.
Device
05-May-1992 30-Nov-1993
33079 Burberry Limited Argentina PRORSUM Label 3 1456660 REG Perfumery, essential oils,
cosmetics; toilet products
including toilet soaps; hair
lotions; dentifrices; nail
files of paper or xxxxx
cloth; deodorants and
anti-perspirants for
personal use.
41564 Burberry Limited Armenia BURBERRYS 3 950167 3413 REG Cosmetics (without-medicated
additives); perfumes and
perfumery products; soaps;
essential oils; teeth and
hair care preparations;
shampoos; talcum powder;
powder; bath foam; bath gel;
shower gel;
anti-perspirants;
deodorants; deodorant
sticks; toilet water; eau de
cologne; eau de cologne
spray; oil mist spray;
shaving lotions; after shave
lotions and emulsions,
pre-shave lotions; shaving
creams; shaving foams;
shaving soaps, skin cream,
anti-wrinkle cream;
skin-moisturisers,
moisture-creams; anti-aging
eye balm; night cream; day
cream; hand cream; body
moisturisers; cleansing
cream, depilatories; after
shave preparations against
skin irritation; sun tan
lotions, oils, sprays and
gels, bronzing lotions, oil
mists and gels; oil free
tanning mist, after sun
moisturisers; protectors
against ultra sun rays.
20-Nov-1995 24-Jul-1998
30356 Burberry Limited Australia BURBERRY 3 530991 A530991 REG All goods in this class
including non-medicated
toilet preparations,
perfumes, cosmetic
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
21-Mar-1990 21-Mar-1990
2149 Burberry Limited Australia Burberry Check 3 824600 824600 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
23-Feb-2000 08-May-2001
109
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
30363 Burberry Limited Australia EQUESTRIAN KNIGHT 3 531211 A531211 REG All goods included in this
Device class including
non-medicated toilet
preparations, perfumes,
cosmetic preparations for
the teeth included in this
class and cosmetic
preparations for the hair,
soaps, shampoos,
anti-perspirants,
eau-de-cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
22-Mar-1990 22-Mar-1990
31453 Burberry Limited Austria BURBERRY 3 90439 REG Toilet preparations,
perfumes, cosmetic
preparations, soaps, toilet
preparations for the teeth
and for the hair.
09-Feb-1979
45472 Burberry Limited Austria BURBERRY CHECK 3 AM917/95 159829 REG Class 3: Cosmetics and
cleaning preparations.
17-Feb-1995 14-Sep-1995
31452 Burberry Limited Austria BURBERRYS 3 90438 REG Toilet preparations,
perfumes, cosmetic
preparations, soaps, toilet
preparations for the teeth
and for the hair.
09-Feb-1979
40569 Burberry Limited Azerbaijan BURBERRYS 3 94.0817 981249 REG Non-medicated toilet
preparations; cosmetics;
perfumes, perfumery, soaps,
essential oils, preparations
for the teeth and hair;
shampoos; talc, dusting
powder, bath foam, bath gel,
shower gel;
anti-perspirants,
deodorants, deodorant
sticks; toilet water, eau de
toilette, cologne, cologne
spray, oil mist spray;
shaving lotion, after shave,
after shave emulsion,
pre-shave lotion, shaving
cream, shaving foam, shaving
soap, skin creams,
anti-wrinkle creams,
moisturisers, moisture
cream, anti-ageing eye balm,
night cream, day cream, hand
cream, body moisturiser,
cleansing cream,
depilatories, razor burn
soother, sun tan lotions,
oils, sprays, mists and
gels, bronzing oil mist, oil
free tanning mist, bronzing
gels, mists and sprays,
after sun moisturiser, self
tanning lotions, ultra sun
block.
08-Sep-1994 27-Jul-1998
110
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2487 Burberry Limited Bahrain BURBERRY 3 1705/2000 28044 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
26-Jul-2000 26-Jul-2002
2500 Burberry Limited Bahrain Burberry Check 3 1708/2000 28047 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
26-Jul-2000 26-Jul-2000
54542 Burberry Limited Bahrain BURBERRYS 3 446/97 21833 REG Non-medicated toilet
preparations, perfumes,
cosmetic preparations for
the teeth and for the hair,
soaps, shampoos,
anti-perspirants, eau de
cologne and toilet water,
essential oils, shaving
preparations, pot pourri;
all included in Class 3.
31-Mar-1997 31-Mar-1997
2493 Burberry Limited Bahrain Equestrian Knight 3 1709/2000 28048 REG Class 3: Non-medicated
Device toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
26-Jul-2000 26-Jul-2000
2515 Burberry Limited Bahrain PRORSUM 3 1710/2000 28049 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
26-Jul-2000 26-Jul-2000
2350 Burberry Limited Barbados BURBERRY 3 81/9842 81/9842 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
27-Jun-2000 30-May-2001
2372 Burberry Limited Barbados Burberry Check 3 81/15717 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
25-May-2000 25-Jul-2001
111
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
40570 Burberry Limited Belarus BURBERRYS 3 2764-03 5898 REG Soaps, perfumery, scents,
eau de toilette, eau de
Cologne, deodorants for
personal use, essential
oils, oils for scents,
cosmetics (without medicinal
additions), shaving
preparations, antiseptics to
be used when shaving,
depilatories, cosmetic
preparations for baths,
talc, powder, cosmetic
preparations for skin care,
skin creams, sun-tan
cosmetics, hair lotions,
shampoos, dentifrices.
09-Jun-1994 12-Mar-1997
31675 Burberry Limited Benelux BURBERRY 3 344477 REG Toilet preparations,
perfumes, cosmetic
preparations, soaps, toilet
preparations for the teeth
and for the hair.
08-Oct-1976
31680 Burberry Limited Benelux BURBERRY CHECK 3 624442 351957 REG Class 3 - Toilet
preparations and toilet
articles belonging to this
class; perfumes,
perfumeries; cosmetics,
soaps, preparations for
mouth and teeth care, hair
care preparations.
16-May-1978
31686 Burberry Limited Benelux BURBERRY CHECK 3 397701 REG Class 3 - Toilet
(blue) preparations and articles,
as far as not falling in
other classes; perfumes and
perfumery, cosmetics, soaps,
preparations for care of the
teeth, oral cavity and hear.
21-Jun-1984
112
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
31679 Burberry Limited Benelux BURBERRYS 3 627339 355157 REG Toilet preparations,
perfumes, cosmetic
preparations, soaps; toilet
preparations for the teeth
and for the hair.
17-Nov-1978 17-Nov-1978
2351 Burberry Limited Bermuda BURBERRY 3 32787 32787 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
03-Jan-2001 03-Jan-2001
2374 Burberry Limited Bermuda Burberry Check 3 32790 32790 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
03-Jan-2001 03-Jan-2001
31708 Burberry Limited Bolivia BURBERRYS 3 58502A REG Toilet preparations,
perfumes, cosmetic
preparations, soaps, toilet
preparations for the teeth
and for the hair.
27-Jun-1980 30-Jan-1981
43616 Burberry Limited Brazil BURBERRYS 3 818342730 818342730 REG Non-medicated toilet
preparations; cosmetics;
perfumes, perfumery, soaps,
essential oils, preparations
for the teeth and hair;
shampoos; talc, dusting
powder, bath foam, bath gel,
shower gel;
anti-perspirants,
deodorants, deodorant
sticks; eau de toilette,
toilet water, cologne,
cologne spray, oil mist
spray; shaving lotion, after
shave, after shave emulsion,
pre-shave lotion, shaving
cream, shaving foam, shaving
soap, skin creams,
anti-wrinkle creams,
moisturisers, moisture
cream, anti-ageing eye balm,
body moisturiser, razor burn
soother, bronzing gel.
07-Mar-1995 22-Apr-1997
31743 Burberry Limited Brazil PRORSUM Label 3 23730-80 800237307 REG Perfumery and hygiene
products, and toiletry
articles in general.
26-Aug-1980 26-Aug-1980
113
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2567 Burberry Limited Bulgaria BURBERRY 3 50441 40549 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
14-Jun-2000 09-Oct-2001
2569 Burberry Limited Bulgaria Burberry Check 3 50442 41252 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
14-Jun-2000 14-Jan-2002
2568 Burberry Limited Bulgaria Equestrian Knight 3 50440 40253 REG Class 3: Non-medicated
Device toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
14-Jun-2000 10-Jul-2001
31750 Burberry Limited Canada BURBERRY 3 109603 40313 REG Non-medicated toilet
preparations, perfumes,
cosmetics preparations for
the teeth and for the hair,
soaps, shampoos,
anti-perspirants, eau de
cologne and toilet water,
essential oils, shaving
preparations, pot pourri.
28-Jul-1926
2379 Burberry Limited Canada Burberry Check 3 1075218 TMA590,925 REG Non-medicated toilet
preparations, namely eau de
perfume, eau de toilette and
shower gel, perfumes, soaps,
shampoos, and shaving
preparations, namely
after-shaves. non-medicated
toilet preparations;
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils for
personal use, shaving
preparations and pot pourri.
Anti-perspirants, eau de
cologne and toilet water.
15-Sep-2000 29-Sep-2003
114
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
31754 Burberry Limited Canada BURBERRYS 3 509902 295769 REG Non-medicated toilet
preparations, perfumes,
cosmetic preparations,
soaps, shampoos,
preparations for the hair,
anti-perspirants, eau de
cologne and toilet water.
26-Sep-1983 05-Oct-1984
34952 Burberry Limited Canada EQUESTRIAN KNIGHT 3 704983 471453 REG Non-medicated toilet
Device preparations, namely, eau de
parfum spray, body
moisturiser, body cream,
bath gel and dusting powder,
perfumes, and soaps.
12-May-1992 21-Feb-1997
2356 Burberry Limited Cayman BURBERRY 3 2225986 2225986 REG Class 3: Non-medicated
Islands toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
15-Mar-2000 15-Mar-2000
115
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2381 Burberry Limited Cayman Burberry Check 3 2225922 2225922 REG Class 3: Non-medicated
Islands toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
15-Mar-2000 15-Mar-2000
2431 Burberry Limited Chile BURBERRY 3 488853 580030 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
05-Jun-2000 24-Oct-2000
2470 Burberry Limited Chile Burberry Check 3 488865 579701 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
05-Jun-2000 20-Oct-2000
31766P1 Burberry Limited Chile BURBERRYS 3 72224 368249 REG Toilette preparations,
perfumes, cosmetic
preparations; soaps,
toilette preparations for
the teeth and for the hair
17-Jun-1980 08-May-1981
31766 Burberry Limited Chile BURBERRYS 3 72224 598742 REG Toilette preparations,
perfumes, cosmetic
preparations; soaps,
toilette preparations for
the teeth and for the hair
17-Jun-1980 08-May-1981
116
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2443 Burberry Limited Chile Equestrian Knight 3 488863 579700 REG Class 3: Non-medicated
Device toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
05-Jun-2000 20-Oct-2000
31762 Burberry Limited Chile PRORSUM Label 3 171.106 370051 REG Toilette preparations,
perfumes, cosmetic
preparations; soaps,
toilette preparations for
teeth and hair.
21-Mar-1991 18-Jun-1991
2209/
WP-CN Burberry Limited China BURBERRY 3 733385 733385 REG Non-medicated toilet
preparations, perfumes,
cosmetics preparations for
the teeth and for the hair,
soaps, shampoos,
anti-perspirants, eau de
Cologne and toilet water,
essential oils, shaving
preparations, pot pourri.
25-Apr-2000 25-Apr-2000
117
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2211/
WP-CN Burberry Limited China Burberry Check 3 732879 7321879 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
25-Apr-2000 25-Apr-2002
2210/
WP-CN Burberry Limited China Equestrian Knight 3 732707 732707 REG Class 3: Non-medicated
Device toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
25-Apr-2000 25-Apr-2000
118
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2014 Burberry Limited China PRORSUM 3 9900078148 1446247 REG Cakes of toilet soap; facial
cleanser; liquid soap
product; perfumes eaux de
cologne; toilet waters;
essential oils; toothpaste;
polishes (denture); hair
oil; hair dyes; waving
preparations for the hair;
soap; shampoos; Shampoos for
pets; antiperspirants
(toiletries); deodorants for
personal use; shaving
preparations; pot pourri.
07-Jul-1999 21-Sep-2000
2007 Burberry Limited China PRORSUM 3 9900078148 1446274 REG cakes of toilet soap; facial
cleanser; liquid soap
product; perfumes; eaux de
cologne; toilet waters;
essential oils; toothpaste;
polishes (denture); hair
oil; hair dyes; waving
prepartions for the hair;
soap; shampoos; shampoos for
pets; antiperspirants
(toiletries); deodorants for
personal use; shaving
preparations; pot pourri
07-Jul-1999 21-Sep-2000
2432 Burberry Limited Colombia BURBERRY 3 00038303 233228 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
24-May-2000 16-Feb-2001
2471 Burberry Limited Colombia Burberry Check 3 00044677 2341113 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
15-Jun-2000 20-Apr-2001
33608 Burberry Limited Colombia BURBERRYS 3 290413 135810 REG Bleaching preparations and
other substances for laundry
use; cleaning, polishing,
scouring and abrasive
preparations; soaps;
perfumery, essential oils,
cosmetics, hair lotions and
dentifrices.
16-Aug-1991
2444 Burberry Limited Colombia Equestrian Knight 3 00042764 233918 REG Class 3: Non-medicated
Device toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
08-Jun-2000 20-Apr-2001
33182 Burberry Limited Colombia PRORSUM Label 3 307131 143256 REG Bleaching preparations and
other substances for laundry
use; cleaning, polishing,
scouring and abrasive
preparations; soaps;
perfumery, essential oils,
cosmetics, hair lotions and
dentifrices.
09-Aug-1989 13-Jul-1993
119
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
0000 Xxxxxxxx Xxxxxxx Xxxxx Xxxx BURBERRY 3 748-7989 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
31-May-2000 13-Mar-2001
0000 Xxxxxxxx Xxxxxxx Xxxxx Xxxx Burberry Check 3 784-7989 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
31-May-2000 14-Mar-2001
31780 Burberry Limited Costa Rica BURBERRYS 3 60432 REG Non-medicated toilet
preparations, perfumes,
cosmetic preparations,
soaps, shampoos,
preparations for the hair,
anti-perspirants, eau de
cologne and toilet water.
26-Mar-1982
0000 Xxxxxxxx Xxxxxxx Xxxxx Xxxx Equestrian Knight 3 752-7989 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
31-May-2000 13-Mar-2001
00000 Xxxxxxxx Xxxxxxx Xxxxx Xxxx PRORSUM Label 3 58691 REG Toilet preparations,
perfumes, cosmetic
preparations, soaps, toilet
preparations for the teeth
and the hair.
08-Aug-1980 29-Apr-1981
2570 Burberry Limited Croatia BURBERRY 3 Z 20000957A Z20000957 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
30-Jun-2000 10-Sep-2001
2576 Burberry Limited Croatia Burberry Check 3 Z20000960A Z20000960 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
30-Jun-2000 11-Sep-2001
2575 Burberry Limited Croatia Equestrian Knight 3 Z 20000963A Z20000963 REG Class 3: Non-medicated
Device toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
30-Jun-2000 10-Sep-2001
120
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2209/
WP-CU Burberry Limited Cuba BURBERRY 3 733385 733385 REG Non-medicated toilet
preparations, perfumes,
cosmetics preparations for
the teeth and for the hair,
soaps, shampoos,
anti-perspirants, eau de
Cologne and toilet water,
essential oils, shaving
preparations, pot pourri.
25-Apr-2000 25-Apr-2000
2211/
WP-CU Burberry Limited Cuba Burberry Check 3 732879 732879 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
25-Apr-2000 25-Apr-2000
121
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2210/
WP-CU Burberry Limited Cuba Equestrian Knight 3 732707 732707 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
25-Apr-2000 25-Apr-2000
31785 Burberry Limited Cuba PRORSUM Label 3 219204 113610 REG Toilet preparations,
perfumes, cosmetic
preparations, toilet
preparations for the teeth
and for the hair.
03-Nov-1980 28-Apr-1983
31793 Burberry Limited Cyprus BURBERRYS 3 21601 REG Non-medicated toilet
preparations, perfumes,
cosmetic preparations,
soaps, shampoos,
preparations for the hair,
anti-perspirants, eaux de
cologne and toilet water.
10-Jun-1981 08-Jun-1981
31806 Burberry Limited Czech BURBERRY 3 164923 164923 REG Non-medicated toilet
Republic preparations, perfumes,
cosmetic preparations,
soaps, shampoos,
preparations for the hair,
anti-perspirants, eau de
cologne and toilet water.
10-Jun-1981 10-Jun-1981
122
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2209/
WP-CZ Burberry Limited Czech BURBERRY 3 733385 733385 REG Non-medicated toilet
Republic preparations, perfumes,
cosmetics preparations for
the teeth and for the hair,
soaps, shampoos,
anti-perspirants, eau de
Cologne and toilet water,
essential oils, shaving
preparations, pot pourri.
25-Apr-2000 25-Apr-2000
2211/
WP-CZ Burberry Limited Czech Burberry Check 3 732879 732879 REG Class 3: Non-medicated
Republic toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
25-Apr-2000 25-Apr-2000
123
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2210/
WP-CZ Burberry Limited Czech Equestrian Knight 3 732707 732707 REG Class 3: Non-medicated
Republic Device toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
25-Apr-2000 25-Apr-2000
31816 Burberry Limited Denmark BURBERRY 3 4496/76 4186-1977 REG Class 3: Toilet
preparations, perfumes,
cosmetic preparations,
soaps, toilet preparations
for the teeth and for the
hair.
11-Oct-1976 09-Dec-1977
31826 Burberry Limited Denmark BURBERRYS 3 1903/1979 REG Toilet preparations,
perfumes, cosmetic
preparations, soaps, toilet
preparations for the teeth
and for the hair.
29-Jun-1979
31833 Burberry Limited Dominican BURBERRYS 3 31094 31094 REG Toilet preparations,
Republic perfumes, cosmetic
preparations, soaps, toilet
preparations for the teeth
and for the hair.
24-Oct-1980
124
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2434 Burberry Limited Ecuador BURBERRY 3 104732/00 12703-01 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
07-Jun-2000 22-Aug-2001
2473 Burberry Limited Ecuador Burberry Check 3 104731/00 12702/01 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
07-Jun-2000 22-Aug-2001
31861 Burberry Limited Egypt BURBERRYS 3 59336 REG Non-medicated toilet
preparations, perfumes,
cosmetic preparations,
soaps, shampoos,
preparations for the hair,
anti-perspirants, eau de
cologne and toilet water.
07-Jul-1985
2677 Burberry Limited El Salvador BURBERRY 3 692-2000 218 Book 144 REG Class 3 - Toilet
preparations, perfumes,
cosmetic preparations;
soaps, toilet preparations
for teeth and for the hair.
01-Feb-2000 19-Nov-2001
31881 Burberry Limited El Salvador PRORSUM Label 3 58 Book 125 REG Toilet preparations,
perfumes, cosmetic
preparations; soaps, toilet
preparations for the teeth
and for the hair.
05-Jan-1990
125
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2209/
WP-EE Burberry Limited Estonia BURBERRY 3 733385 733385 REG Non-medicated toilet
preparations, perfumes,
cosmetics preparations for
the teeth and for the hair,
soaps, shampoos,
anti-perspirants, eau de
Cologne and toilet water,
essential oils, shaving
preparations, pot pourri.
25-Apr-2000 25-Apr-2000
2211/
WP-EE Burberry Limited Estonia Burberry Check 3 732879 732879 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
25-Apr-2000 25-Apr-2000
126
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
40576 Burberry Limited Estonia BURBERRYS 3 8815 18163 REG Non-medicated toilet
preparations; cosmetics;
perfumes, perfumery, soaps,
essential oils, preparations
for the teeth and hair;
shampoos; talc, dusting
powder, bath foam, bath gel,
shower gel;
anti-perspirants,
deodorants, deodorant
sticks; toilet water, eau de
toilette, cologne, cologne
spray, oil mist spray;
shaving lotion, after shave,
after shave emulsion,
pre-shave lotion, shaving
cream, shaving foam, shaving
soap, skin creams,
anti-wrinkle creams,
moisturisers, moisture
cream, anti-ageing eye balm,
night cream, day cream, hand
cream, body moisturiser,
cleansing cream,
depilatories, razor burn
soother, sun tan lotions,
oils, sprays, mists and
gels, bronzing oil mist, oil
free tanning mist, bronzing
gels, mists and sprays,
after sun moisturiser, self
tanning lotions, ultra sun
block.
12-Oct-1993 11-Jan-1996
2210/
WP-EE Burberry Limited Estonia Equestrian Knight 3 732707 732707 REG Class 3: Non-medicated
Device toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
25-Apr-2000 25-Apr-2000
127
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
62002 Burberry Limited European BURBERRY 3 1058312 001058312 REG Class 3: Non-medicated
Union toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
26-Jan-1999 26-Jan-1999
2256 Burberry Limited European Burberry Check 3 001591601 001591601 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
27-Mar-2000 15-Feb-2002
128
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2242 Burberry Limited European Equestrian Knight 3 001591577 001591577 REG Class 3: Non-medicated
Union Device toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
27-Mar-2000 05-Feb-2002
62977 Burberry Limited European PRORSUM 3 1235829 1235829 REG Class 3: Non-medicated
Union toilet preparations,
perfumes, eaux de cologne
and toilet waters; essential
oils, cosmetics preparations
for the teeth and for the
hair, soaps, shampoos;
anti-perspirants and
deodorants, shaving
preparations, pot pourri.
06-Jul-1999 06-Jul-1999
61053 Burberry Limited European XXXXXX XXXXXXXX 3 936195 000936195 REG Class 3: Non-medicated
Union crossed flag toilet preparations,
device perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
11-Sep-1998 11-Sep-1998
129
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2872 Burberry Limited European Xxxxxx Xxxxxxxx 3 002530350 002530350 REG Class 3: Non-medicated
Union Label toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
10-Jan-2002 04-Jul-2003
31896 Burberry Limited Finland BURBERRY 3 78873 REG Toilet preparations,
perfumes, cosmetics,
preparations, soaps, toilet
preparations for the teeth
and for the hair (Class 3).
10-Nov-1978 21-Sep-1981
31897 Burberry Limited Finland BURBERRYS 3 78874 REG Toilet preparations,
perfumes, cosmetics
preparations, soaps, toilet
preparations for the teeth
and for the hair (Class 3).
21-Sep-1981
31906 Burberry Limited Finland PRORSUM Label 3 83788 REG Class 3 - Toilet
preparations, perfumes,
cosmetic preparations,
soaps, toilet preparations
for the teeth and for the
hair.
05-Jan-1983
31926 Burberry Limited France BURBERRY 3 1373362 REG Toilet preparations,
perfumes, cosmetic
preparations, soaps, toilet
preparations for the teeth
and for the hair.
14-Oct-1976
2209/
WP-GE Burberry Limited Georgia BURBERRY 3 733385 733385 REG Non-medicated toilet
preparations, perfumes,
cosmetics preparations for
the teeth and for the hair,
soaps, shampoos,
anti-perspirants, eau de
Cologne and toilet water,
essential oils, shaving
preparations, pot pourri.
25-Apr-2000 25-Apr-2000
130
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2211/
WP-GE Burberry Limited Georgia Burberry Check 3 732879 732879 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
25-Apr-2000 25-Apr-2000
40575 Burberry Limited Georgia BURBERRYS 3 006100/03 4580 REG Non-medicated toilet
(731/03-94 preparations; cosmetics;
perfumes, perfumery, soaps,
essential oils, preparations
for the teeth and hair;
shampoos; talc, dusting
powder, bath foam, bath gel,
shower gel;
anti-perspirants,
deodorants, deodorants
sticks; toilet water, eau de
toilette, eau de cologne,
cologne spray, oil mist
spray; shaving lotion, after
shave lotion, after shave
emulsion, pre-shave lotion,
shaving cream, shaving foam,
shaving soap, skin cream,
anti-wrinkle creams,
moisturisers, moisture
cream, anti-ageing eye balm,
night cream, day cream, hand
cream, body moisturiser,
cleaning cream,
depilatories, razor burn
soother, sun tan lotions,
oils, sprays, mists and
gels, bronzing oil mist, oil
free tanning mist, bronzing
gels, mists and sprays,
after sun moisturiser, self
tanning lotions, ultra sun
block.
14-Jun-1994 07-Feb-1997
2210/
WP-GE Burberry Limited Georgia Equestrian Knight 3 732707 732707 REG Class 3: Non-medicated
Device toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
25-Apr-2000 25-Apr-2000
34020 Burberry Limited Germany BURBERRY CHECK 1091204 REG Soaps, perfumes, essential
(Burberrys (top)) oils, products for body and
beauty care, hair lotions
and shampoos, shaving
lotions, tooth cleaning
products.
06-Aug-1985 09-May-1986
131
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
34021 Burberry Limited Germany BURBERRY CHECK 3 B77418/18WZ 1091205 REG Soaps, perfumes, essential
(Prorsum label) oils, products for body
and beauty care, hair
lotions and shampoos,
shaving lotions, tooth
cleaning products.
06-Aug-1985 09-May-1986
31993 Burberry Limited Germany BURBERRYS 3 W53979 643624 REG Non-medicated toilet
preparations, perfumes,
cosmetic preparations,
soaps, shampoos,
preparations for the hair,
anti-perspirants, eau de
cologne and toilet water.
26-Jun-1981 26-Jun-1981
34401 Burberry Limited Germany BURBERRYS 3 B93959/3WZ 2016690 REG Perfumery agents for rooms
in the form of dried leaves,
flowers and fruits;
cosmetics, perfumery, soaps,
shampoos, deodorants for
personal and non-personal
use, eau de cologne and
toilet waters, essential
oils.
16-Oct-1991 08-Jul-1992
31977 Burberry Limited Germany BURBERRYS 3 988664 REG Toilet preparations,
perfumes, cosmetic
preparations, soaps, toilet
preparations, soaps, toilet
preparations for the teeth
and for the hair.
23-Nov-1978
132
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
34400 Burberry Limited Germany EQUESTRIAN KNIGHT 3 B93960/3WZ 2016691 REG Perfumery agents for rooms
Device in the form of dried leaves,
flowers and fruits;
cosmetics, perfumery, soaps,
shampoos, deodorants for
personal and non-personal
use, eau de cologne and
toilet waters, essential
oils.
16-Oct-1991 08-Jul-1992
31975 Burberry Limited Germany PRORSUM Label 3 986187 REG Toilet preparations,
perfumes, cosmetic
preparations, soaps, toilet
preparations for the teeth
and for the hair.
06-Jan-1979
2558 Burberry Limited Gibraltar BURBERRY 3 8380 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
13-Oct-2000
2474 Burberry Limited Guatemala Burberry Check 3 6877 109517 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
17-Aug-2000 11-Apr-2001
133
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
32012 Burberry Limited Guatemala BURBERRYS 3 45092 REG Non-medicated toilet
preparations, perfumes,
cosmetic preparations,
soaps, shampoos,
preparations for the hair,
anti-perspirants, eau de
cologne and toilet water.
22-Dec-1981 29-Sep-1983
32010 Burberry Limited Guatemala PRORSUM Label 3 43758 REG Non-medicated toilet
preparations, perfumes,
cosmetic preparations;
soaps; non-medicated toilet
preparations for the teeth
and for the hair.
10-Sep-1980 22-Jul-1982
32030 Burberry Limited Guyana BURBERRYS 3 11249A REG Toilet preparations,
perfumes, cosmetic
preparations; soaps, toilet
preparations for the teeth
and for the hair.
25-Sep-1980
32029 Burberry Limited Guyana PRORSUM Label 3 11248A REG Toilet preparations,
perfumes, cosmetic
preparations; soaps, toilet
preparations for the teeth
and for the hair.
25-Sep-1980
51892 Burberry Limited Hong Kong BURBERRY 3 10126/1996 8477/1997 REG Non-medicated toilet
preparations, perfumes,
perfumery, cosmetic
preparations for the teeth
and for the hair, soaps,
shampoos, shower and bath
gels, skin creams, dusting
powder, talc, deodorants,
anti-perspirants, oil mist
sprays, bronzing gels,
moisturising and cleansing
preparations, eau-de-cologne
and toilet water, essential
oils, shaving preparations,
pot pourri.
14-Aug-1996 14-Aug-1996
2091 Burberry Limited Hong Kong BURBERRY 3 3636/2000 12316/2000 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
23-Feb-2000 23-Feb-2000
2034 Burberry Limited Hong Kong PRORSUM 3 8782/1999 5073/2000 REG Non-medicated toilet
preparations; perfumes; eau
de cologne and toilet water;
essential oils; cosmetic
preparations for the teeth
and for the hair; soaps,
shampoos; anit-persipirants
and deodorants; shaving
preparations; pot pourris.
08-Jul-1999 08-Jul-1999
134
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2209/
WP-HU Burberry Limited Hungary BURBERRY 3 733385 733385 REG Non-medicated toilet
preparations, perfumes,
cosmetics preparations for
the teeth and for the hair,
soaps, shampoos,
anti-perspirants, eau de
Cologne and toilet water,
essential oils, shaving
preparations, pot pourri.
25-Apr-2000 25-Apr-2000
2211/
WP-HU Burberry Limited Hungary Burberry Check 3 732879 732879 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
25-Apr-2000 25-Apr-2000
135
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
32057 Burberry Limited Hungary BURBERRYS 3 2253/907/ 123026 REG Non-medicated toilet
1981 preparations, perfumes,
cosmetic preparations,
soaps, shampoos,
preparations for the hair,
anti-perspirants, eau de
cologne and toilet water.
12-Jun-1981 12-Jun-1981
2210/
WP-HU Burberry Limited Hungary Equestrian Knight 3 732707 732707 REG Class 3: Non-medicated
Device toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
25-Apr-2000 25-Apr-2000
136
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2209/
WP-IS Burberry Limited Iceland BURBERRY 3 733385 733385 REG Non-medicated toilet
preparations, perfumes,
cosmetics preparations for
the teeth and for the hair,
soaps, shampoos,
anti-perspirants, eau de
Cologne and toilet water,
essential oils, shaving
preparations, pot pourr.
25-Apr-2000 25-Apr-2000
32063 Burberry Limited India BURBERRYS 3 376900 B376900 REG
10-Jun-1981 10-Jun-1981
2096 Burberry Limited Indonesia BURBERRY 3 D004358 472181 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
09-Mar-2000 05-Apr-2001
2157 Burberry Limited Indonesia Burberry Check 3 D004356 472180 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
09-Mar-2000 05-Apr-2001
31929 Burberry Limited Indonesia BURBERRYS 3 519518 REG Non-medicated toilet
preparations, perfumes,
cosmetics preparations,
soaps, shampoos,
preparations for the hair,
anti-perspirants, eau de
cologne and toilet water.
20-Jul-1991 03-Mar-1993
34024 Burberry Limited Iran BURBERRYS 3 78705 53924 REG Non-medicated toilet
preparations, perfumes,
cosmetic preparations,
soaps, shampoos,
preparations for the hair,
anti-perspirants, eau de
cologne and toilet water.
27-Jun-1981 27-Jun-1981
137
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
31872 Burberry Limited Ireland PRORSUM Label 3 B92298 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetic
preparations, soaps;
non-medicated toilet
preparations for the teeth
and the hair.
06-Oct-1976
32071 Burberry Limited Israel BURBERRY 3 50809 50809 REG Non-medicated toilet
preparations, perfumes,
cosmetic preparations,
soaps, shampoos,
preparations for the hair,
anti-perspirants, eau de
cologne and toilet water.
16-Jun-1980 16-Sep-1980
2501 Burberry Limited Israel Burberry Check 3 137571 137571 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
09-May-2000 09-May-2001
2494 Burberry Limited Israel Equestrian Knight 3 137574 137574 REG Class 3: Non-medicated
Device toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
09-May-2000 09-May-2000
32097 Burberry Limited Italy BURBERRY 3 35059C/76 758962 REG Class 3: Toilet
preparations, perfumes,
cosmetic preparations,
soaps, toilet preparations
for the teeth and for the
hair.
19-Oct-1976 04-Feb-1985
138
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2211/
WP-IT Burberry Limited Italy Burberry Check 3 732879 732879 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de Cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
11-Jun-2001
30870 Burberry Limited Italy BURBERRYS 3 39667C/90 589806 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetic
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
23-Apr-1990 01-Mar-1993
32078 Burberry Limited Italy BURBERRYS 3 712894 REG Non-medicated toilet
preparations, perfumes,
cosmetic preparations,
soaps, toilet preparations
for the teeth and for the
hair.
26-Feb-1965 15-Mar-1967
2787 Burbery Limited Italy Burberry Check 3 FI2000C001533 932077 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
16-Nov-2000 14-Jul-2004
139
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
30871 Burberry Limited Italy EQUESTRIAN KNIGHT 3 39668C/90 589807 REG Class 3: Non-medicated
Device toilet preparations,
perfumes, cosmetic
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
23-Apr-1990 01-Mar-1993
32094 Burberry Limited Italy PRORSUM Label 3 713161 REG Non-medicated toilet
preparations, perfumes,
cosmetic preparations,
soaps, toilet preparations
for the teeth and for the
hair.
10-Mar-1965 17-Mar-1967
30891 Burberry Limited Jamaica BURBERRY 3 3/1778 B20123 REG Non-medicated toilet
preparations, perfumes,
cosmetic preparations,
soaps, shampoos,
preparations for the hair,
anti-perspirants, eau de
cologne and toilet water.
16-Jun-1981 16-Jun-1981
2397 Burberry Limited Jamaica Burberry Check 3 3/4096 37229 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
09-May-2000 09-May-2000
30944 Burberry Limited Japan BURBERRY 3 53-84873 1582716 REG Toilet preparations,
perfumes, cosmetics
preparations, soaps, toilet
preparations for the teeth
and for the hair.
27-Apr-1983
2649 Burberry Limited Japan BURBERRY BLUE 3 2000-61983 4476784 REG Class 3: Shampoos, cleansing
LABEL preparations for the
skin,and other soaps;
essential oils, pot pourri,
and other fragrance and
flavourings; eau de
colognes, and other toilet
waters, shaving creams, hair
cosmetics, perfumes and
other cosmetics;
dentifrices.
06-Jun-2000 25-May-2001
140
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2211/
WP-JP Burberry Limited Japan Burberry Check 3 732879 732879 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
25-Apr-2000 25-Apr-2000
32424 Burberry Limited Japan BURBERRY CHECK 3 13031/0000 0000000 REG
29-Sep-1989
30914 Burberry Limited Japan BURBERRYS 3 721626 REG Non-medicated toilet
preparations, perfumes,
cosmetic preparations,
toilet soaps; toilet
preparations for the teeth
and for the hair.
30-Sep-1966
30980 Burberry Limited Japan BURBERRYS in 3 2117568 REG Soaps, cosmetics and
Katakana perfumes.
Characters
21-Feb-1989
30922 Burberry Limited Japan BURBERRYS OF 3 1517012 REG Toilet goods.
LONDON 25-May-1982
141
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2210/
WP-JP Burberry Limited Japan Equestrian 3 732707 732707 REG Class 3: Non-medicated
Knight Device toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
25-Apr-2000 25-Apr-2000
2652 Burberry Limited Japan Equestrian 3 2000-61982 4493209 REG Class 3: Shampoos, cleansing
Knight Device preparations for the skin
(excluding medical use), and
other soaps; essential oils,
pot pourri, and other
fragrance and flavourings;
eau de colognes, and other
toilet waters, shaving
creams, hair cosmetics,
perfumes and other
cosmetics; dentifrices.
06-Jun-2000 19-Jul-2001
2005 Burberry Limited Japan PRORSUM 3 63824/0000 0000000 REG Class 3: Shampoos and other
soaps; potpourri and another
fragrances and flavourings;
perfumes, eaux de cologne,
shaving toilet water, toilet
waters, deodorants for
personal use, shaving
preparations, bath salts and
other cosmetics;
dentifrices.
15-Jul-1999 24-Nov-2000
142
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
51893 Burberry Limited Jordan BURBERRYS 3 43820 43820 REG Non-medicated toilet
preparations, perfumes,
perfumery, cosmetic
preparations for the teeth
and for the hair, soaps,
shampoos, shower and bath
gels, skin creams, dusting
powder, talc, deodorants,
anti-perspirants, oil mist
sprays, bronzing gel,
moisturising and cleansing
preparations, eau-de-cologne
and toilet water, essential
oils, shaving preparations,
pot pourri.
13-Oct-1996 13-Oct-1996
40571 Burberry Limited Kazakhstan BURBERRYS 3 6085 6840 REG Non-medicated toilet
preparations, cosmetics,
perfumes, perfumery, soaps,
essential oils, preparations
for the teeth and hair,
shampoos; talc, dusting
powder, bath foam, bath gel,
shower gel;
anti-perspirants,
deodorants, deodorant
sticks; toilet water, eau de
toilette, cologne, cologne
spray, oil mist spray;
shaving lotion, after shave,
after shave emulsion,
pre-shave lotion, shaving
cream, shaving foam, shaving
soap, skin creams,
anti-wrinkle creams,
moisturisers, moisture
cream, anti-ageing eye balm,
night cream, day cream, hand
cream, body moisturiser,
cleansing cream,
depilatories, razor burn
soother, sun tan lotions,
oils, sprays, mists and
gels, bronzing oil mist, oil
free tanning mist, bronzing
gels, mists and sprays,
after sun moisturiser, self
tanning lotions, ultra sun
block.
01-Jul-1994 11-May-1998
31011 Burberry Limited Kenya BURBERRY 3 28694 28694 REG Non-medicated toilet
preparations, perfumes,
cosmetic preparations,
soaps, shampoos,
preparations for the hair,
anti-perspirants, eau de
cologne and toilet water.
11-Jun-1981 11-Jun-1981
143
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2209/
WP-KE Burberry Limited Kenya BURBERRY 3 733385 733385 REG Non-medicated toilet
preparations, perfumes,
cosmetics preparations for
the teeth and for the hair,
soaps, shampoos,
anti-perspirants, eau de
Cologne and toilet water,
essential oils, shaving
preparations, pot pourri.
2209/ 25-Apr-2000 25-Apr-2000
WP-KP Burberry Limited Korea BURBERRY 3 733385 733385 REG Non-medicated toilet
(North) preparations, perfumes,
cosmetics preparations for
the teeth and for the hair,
soaps, shampoos,
anti-perspirants, eau de
Cologne and toilet water,
essential oils, shaving
preparations, pot pourri.
25-Apr-2000 25-Apr-2000
144
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
34033 Burberry Limited Korea BURBERRY 3 4313/1979 67966 REG Perfume, perfumed oil,
(South) general toilet water, face
powder, skin lotion, facial
cream, eau de cologne,
cleansing cream, foundation
cream, powdered perfume,
hair tonic, hair dyeing
agent, hair spray and hair
de-colouring agent.
07-Feb-1980
34032 Burberry Limited Korea BURBERRY 3 4317/1979 67915 REG Toilet soap, washing soap,
(South) medicated soap, shampoo and
dentifrices.
26-Apr-1979 06-Feb-1980
2161 Burberry Limited Korea Burberry Check 3 40-2000-9841 503136 REG Class 3: Non-medicated
(South) toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
06-Mar-2000 08-Oct-2001
51891 Burberry Limited Korea BURBERRYS 3 96-42912 413658 REG Perfumes, perfumery,
(South) cosmetic preparations for
the hair, shower and bath
gels, skin creams, dusting
powders, talcs, deodorants,
anti-perspirants, oil mist
sprays, bronzing gels,
moisture creams, moisture
lotions, moisturizing
creams, cleansing creams and
cleansing lotions all for
the skin, shaving lotions,
hand creams, anti-ageing
balms, razor burn soothers,
eau-de-cologne and toilet
waters, essential oils,
shaving preparations, pot
pourri, atomizers and
compacts.
24-Sep-1996 31-Jul-1998
52872 Burberry Limited Korea BURBERRYS 3 96-42913 409822 REG Toilet soaps, perfumed
(South) soaps, shaving soap,
shampoos, toothpaste and
dentifrices.
24-Sep-1996 14-Jul-1998
2122 Burberry Limited Korea Equestrian 3 40-2000-9718 497181 REG Perfume, eau de perfume, eau
(South) Knight Device de cologne, essential oils,
body lotion, body lotion,
body cream, bath gel, shower
gel, body deodorants,
shaving soaps, bath soaps,
liquid soaps, cosmetic
soaps, deodorant soaps,
aftershave lotions,
aftershave creams,
aftershave balm, shampoo,
common toilet water, anti
perspirants and potpourri.
06-Mar-2000 09-Jul-2001
2041 Burberry Limited Korea PRORSUM 3 40-1999-27485 40-480143 REG Class 3: Perfume, eau de
(South) perfume; eau de cologne,
essential oils,body lotions,
body cream, bath gel, showe
gel, body deodorants,
shaving soaps, bath soaps,
liquid soaps, cosmetic
soaps, deodorant soaps,
aftershave lotions,
aftershave cream, aftershave
balm, shampoo, common toilet
water, anti-perspirants and
pot pourri.
28-Jul-1999 30-Oct-2000
145
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
52244 Burberry Limited Kuwait BURBERRYS 3 35264 34672 REG Non-medicated toilet
preparations, perfumes,
cosmetic preparations for
the teeth and for the hair,
soaps, shampoos,
anti-perspirants,
eau-de-cologne and toilet
water, essential oils,
shaving preparations, pot
pourri; all included in
Class 3.
27-Nov-1996 27-Nov-1996
2516 Burberry Limited Kuwait PRORSUM 3 49990 44736 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
09-May-2001 05-May-2003
41565 Burberry Limited Kyrgyzstan BURBERRYS 3 940210.3 2662 REG Non-medicated toilet
preparations; cosmetics;
perfumes, perfumery, soaps,
essential oils, preparations
for teeth and hair;
shampoos; talc, dusting
powder, bath foam, bath gel,
shower gel;
anti-perspirants,
deodorants, deodorant
sticks; toilet water, eau de
toilette, cologne, cologne
spray, oil mist spray;
shaving lotion, after shave,
skin creams, anti-wrinkle
creams, moisturisers,
moisture cream, anti-ageing
eye balm, night cream, day
cream, hand cream, body
moisturiser, cleansing
cream, depilatories, razor
burn soother, sun tan
lotions, oils, sprays, mists
and gels, bronzing oil mist,
sun tanning mist, bronzing
gels, mists and sprays,
after sun moisturiser, self
tanning lotions, ultra sun
block.
02-Jun-1994 20-Dec-1995
146
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
40578 Burberry Limited Latvia BURBERRY 3 M-93-8216 M34 064 REG Non-medicated toilet
preparations; cosmetics;
perfumes, perfumery, soaps,
essential oils, preparations
for the teeth and hair;
shampoos; talc, dusting
powder, bath foam, bath gel,
shower gel;
anti-perspirants,
deodorants, deodorant
sticks; toilet water, eau de
toilette, cologne, cologne
spray, oil mist spray;
shaving lotion, after shave,
after shave emulsion,
pre-shave lotion, shaving
cream, shaving foam, shaving
soap, skin creams,
anti-wrinkle creams,
moisturisers, moisture
cream, anti-ageing eye balm,
night cream, day cream, hand
cream, body moisturiser,
cleansing cream,
depilatories, razor burn
soother, sun tan lotions,
oils, sprays, mists and
gels, bronzing oil mist, oil
free tanning mist, bronzing
gels, mists and sprays,
after sun moisturiser, self
tanning lotions, ultra sun
block.
04-Oct-1993 20-Oct-1996
2580 Burberry Limited Latvia Burberry Check 3 M-00-911 M 47 489 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
10-Jul-2000 20-Feb-2001
2583 Burberry Limited Latvia Equestrian 3 M 46 716 M 46716 REG Class 3: Non-medicated
Knight Device toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
10-Jul-2000 20-Oct-2000
31052 Burberry Limited Lebanon BURBERRYS 3 288/A/143684 40926 REG Non-medicated toilet
preparations, perfumes,
cosmetic preparations,
soaps, shampoos,
preparations for the hair,
anti-perspirants, eau de
cologne and toilet water.
06-Aug-1981
147
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2209/
WP-LI Burberry Limited Liechtenstein BURBERRY 3 733385 733385 REG Non-medicated toilet
preparations, perfumes,
cosmetics preparations for
the teeth and for the hair,
soaps, shampoos,
anti-perspirants, eau de
Cologne and toilet water,
essential oils, shaving
preparations, pot pourri.
25-Apr-2000 25-Apr-2000
2209/
WP-LT Burberry Limited Lithuania BURBERRY 3 733385 733385 REG Non-medicated toilet
preparations, perfumes,
cosmetics preparations for
the teeth and for the hair,
soaps, shampoos,
anti-perspirants, eau de
Cologne and toilet water,
essential oils, shaving
preparations, pot pourri.
25-Apr-2000 25-Apr-2000
148
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2211/
WP-LT Burberry Limited Lithuania Burberry Check 3 732879 732879 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
25-Apr-2000 17-Jul-2002
40577 Burberry Limited Lithuania BURBERRYS 3 ZP 13174 25989 REG Toiletries; cosmetics;
perfumery; perfumes, soaps,
essential oils, hair
lotions, shampoo, talcum
powder (for toilet use),
anti-perspirants
[toiletries], deodorants for
personal use, deodorant
soap, toilet water, eau de
Cologne, oils for toilet
purposes, lotions for
cosmetics purposes, shaving
preparations, cosmetic
preparations for baths;
sun-tanning preparations,
including oils and jelly; UV
protection preparations;
cosmetic creams, cosmetic
creams (anti-ageing eye
creams), depilatories,
scented water, shaving
preparations, cleansing milk
for toilet purposes,
cosmetic preparations for
skin care, dentifrices in
Class 3.
21-Oct-1993 14-Nov-1997
149
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2210/
WP-LT Burberry Limited Lithuania Equestrian 3 732707 732707 REG Class 3: Non-medicated
Knight Device toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
25-Apr-2000 25-Apr-2000
2162 Burberry Limited Macao Burberry Check 3 N/5798 N/5798 REG Class 3: Toiletry
preparations, cosmetics,
perfumery, preparations for
the hair, essential oils".
22-Mar-2000 11-Jun-2002
31619 Burberry Limited Macao BURBERRYS 3 3803-M 3803-M REG Articles of perfumery,
cosmetics, soaps, body
lotions and toilet water.
23-Dec-1987 25-Jan-1988
2123 Burberry Limited Macao Equestrian 3 N/5800 N/5800 REG Class 3: Toiletery
KnightDevice preparations, cosmetics,
perfumery, preparations for
the hair, essential oils.
22-Mar-2000 24-Aug-2000
31627 Burberry Limited Macao PRORSUM Label 3 3782-M 3782-M REG Articles of perfumery,
cosmetics, soaps, body
lotions and toilet water.
23-Dec-1987 25-Jan-1988
44650 Burberry Limited Macedonia BURBERRYS 3 PZ-531/95 5915 REG Non-medicated toilet
preparations, perfumes,
cosmetic preparations,
soaps, shampoos,
preparations for hair,
anti-perspirants, eau de
cologne and toilet water.
11-Jul-1995 21-Feb-2000
31616 Burberry Limited Malaysia BURBERRYS 3 M/B91107 M/B91107 REG Non-medicated toilet
preparations, perfumes,
cosmetic preparations,
soaps, shampoos,
preparations for the hair,
anti-perspirants, eau de
cologne and toilet water;
all included in Class 3.
24-Jun-1981 24-Jun-1981
150
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2128 Burberry Limited Malaysia Equestrian 3 2000/04041 00004041 REG Class 3: Non-medicated
Knight Device toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
07-Apr-2000 07-Apr-2000
2563 Burberry Limited Malta BURBERRY 3 32761 32761 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
04-Jan-2001 04-Jan-2001
2383 Burberry Limited Mauritius BURBERRY 3 A/48 No.8 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
05-Jun-2000 05-Jun-2000
151
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2413 Burberry Limited Mauritius Burberry Check 3 A/48No.7 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
05-Jun-2000 05-Jun-2001
2435 Burberry Limited Mexico BURBERRY 3 455503 683854 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
30-Oct-2000 30-Oct-2000
2475 Burberry Limited Mexico Burberry Check 3 455507 696797 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
30-Oct-2000 30-Oct-2001
30878 Burberry Limited Mexico BURBERRYS 3 94415 406401 REG Bath preparations,
perfumery, cosmetics and
hair preparations.
24-Aug-1990 20-Feb-1992
152
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
31576 Burberry Limited Mexico EQUESTRIAN 3 98033 410912 REG Bleaching preparations and
KNIGHT Device other substances for laundry
use; cleaning, polishing,
scouring and abrasive
preparations; soaps;
perfumery, essential oils,
cosmetics, hair lotions;
dentifrices, particularly
essential oils and
toiletries including bath
salts, beauty masks, cotton
wool and cotton sticks for
cosmetic purposes,
dentifrices,
anti-perspirants,
depilatories, shampoos, hair
conditioner, lipsticks,
make-up preparations,
make-up removing
preparations, nail care
preparations, nail polish,
nail varnish, toilet water,
cologne, cologne spray,
deodorant, deodorant stick,
shower gel, soaps, body
moisturiser, dusting powder,
talc, hand cream, bath foam,
bath gel, oil mist spray,
bronzing oil mist, oil-free
tanning mist, ultra sun
block, aftersun moisturiser,
self tanning lotion,
anti-wrinkle cream,
anti-ageing eye balm, night
cream, day cream, cleansing
cream, cleansing lotion,
moisturiser, after shave
lotion, after shave
emulsion, pre-shave lotion,
shaving foam, moisturising
cream, bronzing gel, razor
burn soother.
05-Oct-1990 14-Apr-1992
40572 Burberry Limited Moldova BURBERRYS 3 002330 022 REG Non-medicated toilet
preparations; cosmetics;
perfumes, perfumery, soaps,
essential oils, preparations
for the teeth and hair;
shampoos; talc, dusting
powder, bath foam, bath gel,
shower gel;
anti-perspirants,
deodorants, deodorant
sticks; toilet water, eau de
cologne, eau de cologne
spray, oil mist spray;
shaving lotion, after shave,
after shave emulsion,
pre-shave lotion, shaving
cream, shaving foam, shaving
soap, skin creams,
anti-wrinkle creams,
moisturisers, moisture
cream, anti-ageing eye balm,
night cream, day cream, hand
cream, body moisturiser,
cleansing cream,
depilatories, razor burn
soother, sun tan lotions,
oils, sprays, mists and
gels, bronzing oil mist, oil
free tanning mist, bronzing
gels, mists and sprays,
after sun moisturiser, self
tanning lotions, ultra sun
block.
07-Jul-1994 03-Oct-1996
153
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2209/
WP-MC Burberry Limited Monaco BURBERRY 3 733385 733385 REG Non-medicated toilet
preparations, perfumes,
cosmetics preparations for
the teeth and for the hair,
soaps, shampoos,
anti-perspirants, eau de
Cologne and toilet water,
essential oils, shaving
preparations, pot pourri.
25-Apr-2000 25-Apr-2000
2669 Burberry Limited Morocco BURBERRY 3 73922 73922 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
21-Jun-2000 21-Jun-2000
154
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2415 Burberry Limited Morocco Burberry Check 3 73923 73923 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
21-Jun-2000 21-Jun-2000
31120 Burberry Limited Morocco BURBERRYS 3 77831 REG Non-medicated toilet
preparations, perfumes,
cosmetic preparations,
soaps, shampoos,
preparations for the hair,
anti-perspirants, eau de
cologne and toilet water.
23-Jun-1981 23-Jun-1981
2148 Burberry Limited New Zealand BURBERRY 3 609022 609022 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
22-Feb-2000 22-Feb-2000
34072 Burberry Limited New Zealand BURBERRY 3 147399 147399 REG Non-medicated toilet
preparations, perfumes,
cosmetic preparations,
soaps, shampoos,
preparations for the hair in
the class, anti-perspirants,
eau de cologne and toilet
water.
02-Jun-1983 02-Jun-1983
2168 Burberry Limited New Zealand Burberry Check 3 609021 609021 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
22-Feb-2000 22-Feb-2000
155
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2142 Burberry Limited New Zealand Equestrian 3 609025 609025 REG Class 3: Non-medicated
Knight Device toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
22-Feb-2000 22-Feb-2000
31030 Burberry Limited Nicaragua BURBERRYS 3 12870 REG Non-medicated toilet
preparations, perfumes,
cosmetic preparations,
soaps, shampoos,
preparations for the hair,
anti-perspirants, eau de
cologne and toilet water.
08-Jul-1981
31023 Burberry Limited Nicaragua PRORSUM Label 3 12500 REG Toilet preparations,
perfumes, cosmetic
preparations, soaps,
non-medicated toilet
preparations for the teeth
and for the hair.
12-Mar-1981
2209/
WP-NO Burberry Limited Norway BURBERRY 3 733385 733385 REG Non-medicated toilet
preparations, perfumes,
cosmetics preparations for
the teeth and for the hair,
soaps, shampoos,
anti-perspirants, eau de
Cologne and toilet water,
essential oils, shaving
preparations, pot pourri.
25-Apr-2000 25-Apr-2000
156
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2211/
WP-NO Burberry Limited Norway Burberry Check 3 732879 732879 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
25-Apr-2000 25-Apr-2000
2210/
WP-NO Burberry Limited Norway Equestrian t 3 732707 732707 REG Class 3: Non-medicated
Knight Device toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
25-Apr-2000 25-Apr-2000
157
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
31142 Burberry Limited Norway PRORSUM Label 3 111635 REG Toilet preparations,
perfumes, cosmetic
preparations, toilet
preparations for the teeth
and for the hair. NB:
FOLLOWING GOODS WERE DELETED
ON RENEWAL IN 1992 WHEN
EVIDENCE OF CORRESPONDING
UNITED KINGDOM RENEWAL WAS
REQUIRED; IT APPEARED THAT
UK NO. B1100701 HAD BEEN
ALLOWED TO LAPSE BY
BURBERRYS IN 1985 AND AS A
RESULT, CLASS 28 WAS DELETED
FROM THIS
REGISTRATION:'Sporting
articles (not included in
other classes)'.
05-Aug-1982
2904 Burberry Limited Norway TB 3 200200001 215.962 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
02-Jan-2002 03-Oct-2002
158
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2888 Burberry Limited Norway Xxxxxx Xxxxxxxx 3 200200002 215.963 REG Class 3: Non-medicated
Label toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
02-Jan-2002 03-Oct-2002
51890 Burberry Limited Oman BURBERRYS 3 14113 14113 REG Non-medicated toilet
preparations, perfumes,
perfumery, cosmetic
preparations for the teeth
and for the hair, soaps,
shampoos, shower and bath
gels, skin creams, dusting
powder, talc, deodorants for
personal use,
anti-perspirants, oil mist
sprays, bronzing gel,
moisturising and cleansing
preparations, eau-de-cologne
and toilet water, essential
oils, shaving preparations,
pot pourri.
18-Aug-1996 09-Oct-2002
159
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
31483 Burberry Limited Pakistan BURBERRYS 3 74448 74448 REG Non-medicated toilet
preparations, perfumes,
cosmetic preparations,
soaps, shampoos,
preparations for the hair,
anti-perspirants, eau de
cologne and toilet water.
13-Jun-1981 13-Jun-1981
31042 Burberry Limited Panama BURBERRYS 3 28056 REG Non-medicated toilet
preparations, perfumes,
cosmetic preparations,
soaps, shampoos,
perparations for the hair,
anti-perspirants, eau de
cologne and toilet water.
13-Jul-1981 02-Mar-1982
31038 Burberry Limited Panama PRORSUM Label 3 26062 REG Non-medicated toilet
preparations, perfumes,
cosmetics preparations,
soaps, non-medicated toilet
preparations for the teeth
and for the hair.
20-Nov-1980 06-Aug-1981
2436 Burberry Limited Paraguay BURBERRY 3 12409 232447 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
29-May-2000 09-Feb-2001
31149 Burberry Limited Paraguay BURBERRY 3 3849 151922 REG Perfumes, cosmetics, soaps,
shampoo, toilet
preparations, creams,
lotions, aftershave lotion,
non-medicated toilet
preparations,
anti-perspirants, eau de
cologne, toilet water,
make-up.
24-Jun-1981 27-Nov-1981
34046 Burberry Limited Peru BURBERRYS 3 99675 68090 REG All the goods in the class.
09-Jun-1987
33591 Burberry Limited Peru PRORSUM Label 3 108667 68828 REG All goods in the class.
30-Jun-1987
30900 Burberry Limited Philippines BURBERRYS 3 51412 51663 REG Non-medicated toilet
preparations, perfumes,
cosmetic preparations,
soaps, shampoos,
preparations for the hair,
anti-perspirants, eau de
cologne and toilet water.
16-Jun-1983 07-Oct-1991
160
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2209/
WP-PL Burberry Limited Poland BURBERRY 3 733385 733385 REG Non-medicated toilet
preparations, perfumes,
cosmetics preparations for
the teeth and for the hair,
soaps, shampoos,
anti-perspirants, eau de
Cologne and toilet water,
essential oils, shaving
preparations, pot pourri.
25-Apr-2000 25-Apr-2000
2211/
WP-PL Burberry Limited Poland Burberry Check 3 732879 732879 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
25-Apr-2000 25-Apr-2000
161
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
31162 Burberry Limited Poland BURBERRYS 3 Z-79951 59016 REG Non-medicated toilet
preparations, perfumes,
cosmetic preparations,
soaps, shampoos,
preparations for the hair,
anti-perspirants, eau de
cologne and toilet water.
24-Jun-1981 24-Jun-1981
2210/
WP-PL Burberry Limited Poland Equestrian 3 732707 732707 REG Class 3: Non-medicated
Knight Device toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
25-Apr-2000 25-Apr-2000
31173 Burberry Limited Portugal BURBERRYS 3 208500 REG Perfumery articles,
cosmetics, soaps, hair
lotions and eau de toilette.
22-Sep-1980 02-Sep-1987
31174 Burberry Limited Portugal PRORSUM Label 3 217596 REG Perfumery articles,
cosmetics, soaps, hair
lotions and eau de toilette.
10-Sep-1982 02-Sep-1987
162
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2209/
WP-RO Burberry Limited Romania BURBERRY 3 733385 733385 REG Non-medicated toilet
preparations, perfumes,
cosmetics preparations for
the teeth and for the hair,
soaps, shampoos,
anti-perspirants, eau de
Cologne and toilet water,
essential oils, shaving
preparations, pot pourri.
25-Apr-2000 25-Apr-2000
2211/
WP-RO Burberry Limited Romania Burberry Check 3 732879 732879 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
25-Apr-2000 25-Apr-2000
163
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2210/
WP-RO Burberry Limited Romania Equestrian 3 732707 732707 REG Class 3: Non-medicated
Knight Device toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
25-Apr-2000 25-Apr-2000
2209/
WP-RU Burberry Limited Russian BURBERRY 3 733385 733385 REG Non-medicated toilet
Federation preparations, perfumes,
cosmetics preparations for
the teeth and for the hair,
soaps, shampoos,
anti-perspirants, eau de
Cologne and toilet water,
essential oils, shaving
preparations, pot pourri.
25-Apr-2000 25-Apr-2000
164
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2211/
WP-RU Burberry Limited Russian Burberry Check 3 732879 732879 REG Class 3: Non-medicated
Federation toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
25-Apr-2000 25-Apr-2000
40447 Burberry Limited Russian BURBERRYS 3 104463 80283 REG Perfumes, eau de cologne and
Federation eau de toilette, cosmetic
preparations, toilet soaps,
shampoos, non-medicated
toilet preparations,
including toilet
preparations for care of
teeth and hair,
anti-perspirants.
09-Jul-1986
165
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2210/
WP-RU Burberry Limited Russian Equestrian t 3 732707 732707 REG Class 3: Non-medicated
Federation Knight Device toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
25-Apr-2000 25-Apr-2000
31658 Burberry Limited Saudi BURBERRY 3 6171/1401 118/24 REG Non-medicated toilet
Arabia preparations, perfumes,
shampoos, hair preparations,
anti-perspirants, colognes &
toilet water.
30-Jun-1981 04-Dec-1985
2505 Burberry Limited Saudi Burberry Check 3 64909 567/55 REG Class 3: Non-medicated
Arabia toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
06-Jun-2000 11-Apr-2001
166
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2209/
WP-YU Burberry Limited Serbia- BURBERRY 3 733385 733385 REG Non-medicated toilet
Montenegro preparations, perfumes,
cosmetics preparations for
the teeth and for the hair,
soaps, shampoos,
anti-perspirants, eau de
Cologne and toilet water,
essential oils, shaving
preparations, pot pourri.
25-Apr-2000 25-Apr-2000
2211/
WP-YU Burberry Limited Serbia- Burberry Check 3 732879 732879 REG Class 3: Non-medicated
Montenegro toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
25-Apr-2000 25-Apr-2000
167
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
31321 Burberry Limited Serbia- BURBERRYS 3 28153 REG Non-medicated toilet
Montenegro preparations, perfumes,
cosmetics, soaps, shampoos,
preparations for the hair,
anti-perspirants, eau de
cologne and toilet water.
25-Feb-1985
2210/
WP-YU Burberry Limited Serbia- Equestrian 3 732707 732707 REG Class 3: Non-medicated
Montenegro Knight Device toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
25-Apr-2000 25-Apr-2000
2107 Burberry Limited Singapore BURBERRY 3 T00/02932A T00/02932A REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
25-Feb-2000 25-Feb-2000
2173 Burberry Limited Singapore Burberry Check 3 T00/02921F T00/02921F REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
25-Feb-2000 25-Feb-2000
2134 Burberry Limited Singapore Equestrian 3 T00/02924J T00/02924J REG Class 3: Non-medicated
Knight Device Device toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
25-Feb-2000 25-Feb-2000
168
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2038 Burberry Limited Singapore PRORSUM 3 T99/07377H T99/07377H REG non-medicated toilet
preparations; perfumes, eau
de cologne and toilet water;
essential oils; cosmetic
preparations for the teeth
and for the hair; soaps,
shampoos; anti-perspirants
and deodorants; shaving
preparations; pot pourri.
16-Jul-1999 16-Jul-1999
46752 Burberry Limited Slovakia BURBERRYS 3 164923 164923 REG Non-medicated toilet
preparations, perfumes,
cosmetic preparations,
soaps, shampoos,
preparations for the hair,
anti-perspirants, eau de
cologne and toilet water.
10-Jun-1981 10-Jun-1981
2209/
WP-SI Burberry Limited Slovenia BURBERRY 3 733385 733385 REG Non-medicated toilet
preparations, perfumes,
cosmetics preparations for
the teeth and for the hair,
soaps, shampoos,
anti-perspirants, eau de
Cologne and toilet water,
essential oils, shaving
preparations, pot pourri.
25-Apr-2000 25-Apr-2000
169
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2211/
WP-SI Burberry Limited Slovenia Burberry Check 3 732879 732879 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
25-Apr-2000 25-Apr-2000
2210/
WP-SI Burberry Limited Slovenia Equestrian 3 732707 732707 REG Class 3: Non-medicated
Knight Device toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
25-Apr-2000 25-Apr-2000
170
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2389 Burberry Limited South Africa BURBERRY 3 2000/08268 2000/08286 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
04-May-2000 04-May-2000
2393 Burberry Limited South Africa Burberry Check 3 2000/08263 2000/08263 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
04-May-2000 04-May-2000
31193 Burberry Limited Spain BURBERRY 3 648760 REG Preparations for bleaching
and other substances for
colouring, preparations for
cleaning, polishing,
degreasing; soaps,
prefumery, essential oils,
cosmetics, hair lotions,
dentifrices.
24-Jun-1971 14-Jun-1977
31194 Burberry Limited Spain BURBERRYS 3 648761 REG Preparations for bleaching
and other substances for
colouring, preparations for
cleaning, polishing and
degreasing; soaps,
perfumery, essential oils,
cosmetics, hair lotions,
dentifrices.
24-Jun-1971 04-Nov-1977
30950 Burberry Limited Spain EQUESTRIAN 3 1559562 1559562 REG Non-medicated toilet
KNIGHT Device preparations, perfumes,
cosmetics for teeth and
hair, soaps, shampoos,
anti-perspirants for
personal use, eau de
cologne, essential oils,
shaving requisites and
aromatizing mixtures of
dried flowers and spices.
29-Mar-1990 29-Mar-1990
31191 Burberry Limited Spain PRORSUM Label 3 648758 REG Preparations for bleaching
and other substances for
colouring, preparations for
cleaning, polishing and
degreasing; soaps,
perfumery, essential oils,
cosmetics, hair lotions,
dentifrices.
24-Jun-1971 04-Oct-1977
31545 Burberry Limited Sweden BURBERRY 3 169064 REG Toilet preparations,
perfumes, cosmetic
preparations, toilet
preparations for the teeth
and for the hair.
31-Aug-1979
31544 Burberry Limited Sweden BURBERRYS 3 167657 REG Toilet preparations,
perfumes, cosmetic
preparations, soaps, toilet
preparations for the teeth
and for the hair.
11-May-1979
171
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
31253 Burberry Limited Switzerland BURBERRY 3 297749 REG Toilet preparations,
perfumes, cosmetic
preparations, soaps, toilet
preparations for the teeth
and for the hair.
22-Nov-1978
2211/
WP-CH Burberry Limited Switzerland Burberry Check 3 732879 732879 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
25-Apr-2000 25-Apr-2000
172
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2676 Burberry Limited Switzerland BURBERRYS 3 354147 REG Class 3 - Toiletries,
including toiletries for
dental hygiene and hair
care, perfumes, cosmetic
preparations, soaps.
11-Aug-1987
31267/
PRIOR1 Burberry Limited Switzerland BURBERRYS 3 293931 REG Class 3 - Toiletries,
including toiletries for
dental hygiene and hair
care, perfumes, cosmetic
preparations, soaps.
173
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
31267 Burberry Limited Switzerland BURBERRYS 3 370765 REG Class 3 - Toiletries,
including toiletries for
dental hygiene and hair
care, perfumes, cosmetic
preparations, soaps.
32072 Burberry Limited Switzerland BURBERRYS 3 2492/90 382647 REG Non-medicated toilet
preparations, perfumes,
cosmetic preparations for
dental and hair care, soaps,
shampoos, anti-perspirants,
eau de Cologne and toilet
water, essential oils,
shaving lotion, pot pourri.
26-Mar-1990 13-Jun-1991
174
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
32066 Burberry Limited Switzerland Equestrian 3 2493/90 382739 REG Class 3 - Non-medicated
Knight Device toilet preparations,
perfumes, cosmetic
preparations for dental and
hair care, soaps, shampoos,
anti-perspirants, eau de
Cologne and toilet water,
essential oils, shaving
lotion, pot pourri.
26-Mar-1990 18-Jun-1991
2037 Burberry Limited Switzerland PRORSUM 3 06091/1999 492.034 REG Class 3: non-medicated
toilet preparations;
perfumes, eaux de cologne
and toilet waters; essential
oils; cosmetic preparations
for the teeth and for the
hair; soaps, shampoos;
anti-perspirants and
deodorants; shaving
preparations; pot pourri.
09-Jul-1999 09-Jul-1999
175
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
31263 Burberry Limited Switzerland PRORSUM Label 3 354186 REG Class 3 - Toiletries,
including toiletries for
dental hygiene and hair
care, perfumes, cosmetic
preparations, soaps.
11-Feb-1987
176
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2905 Burberry Limited Switzerland TB 3 12024/2001 503.297 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
20-Dec-2001 02-Oct-2002
177
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2887 Burberry Limited Switzerland Xxxxxx Xxxxxxxx 3 00157/2002 503.112 REG Class 3: Non-medicated
Label toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
09-Jan-2002 09-Jan-2002
2110 Burberry Limited Taiwan BURBERRY 3 89011056 1016600 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps for
human use, shampoos,
anti-perspirants, eau de
cologne and toilet water,
essential oils, shaving
preparations, pot pourri.
03-Mar-2000 01-Oct-2002
178
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2174 Burberry Limited Taiwan Burberry Check 3 89011057 959242 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps for
human use, shampoos,
anti-perspirants, eau de
cologne and toilet water,
essential oils, shaving
preparations, pot pourri.
03-Mar-2000 16-Sep-2001
31549 Burberry Limited Taiwan BURBERRYS 3 21946/69 152055 REG Cosmetics, perfumes, the
normal range of cosmetic
products for use on the face
& body, namely make-up
creams, and lotions, toilet
water, eau de parfum, eau de
toilette, after-shave balms,
deodorants.
17-Sep-1980 01-Jun-1981
31660 Burberry Limited Taiwan BURBERRYS 3 21947/69 150172 REG Cleansers for the human
body, soaps for human use,
perfumed soaps, facial
soaps, facial cleansing
creams, facial cleansing
lotions, bathing lotions,
shower gels, skin cleansers,
shampoos, perfumed bath and
shower gel.
17-Sep-1980 16-Apr-1981
2135 Burberry Limited Taiwan Equestrian 3 89511054 957314 REG Class 3: Non-medicated
Knight Device toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps for
human use, shampoos,
anti-perspirants, eau de
cologne and toilet water,
essential oils, shaving
preparations, pot pourri.
03-Mar-2000 01-Sep-2001
2207 Burberry Limited Taiwan PRORSUM 3 89011058 949255 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps for
human use, shampoos,
anti-perspirants, eau de
cologne and toilet water,
essential oils, shaving
preparations, pot pourri.
03-Mar-2000 16-Jul-2001
2114 Burberry Limited Thailand BURBERRY 3 417143 Kor136770 REG Perfumes, cosmetic
preparations for the teeth,
cosmetic preparations for
the hair, soaps, shampoos,
anti-perspirants, eau de
toilette, eau de cologne,
deodorants, essential oils,
shaving preparations,
aftershave preparations, pot
pourri, perfumed body
lotions, bath and shower
gels, perfumed body creams,
cosmetic preparations for
skin care.
19-Apr-2000 19-Apr-2000
179
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2175 Burberry Limited Thailand Burberry Check 3 417149 Kor138452 REG Class 3: Perfume, cosmetic
preparations for teeth;
cosmetic preparations for
hair; soaps;
anti-perspirants; eau de
toilette; eau de cologne;
deodorants; essential oils,
shaving preparations;
aftershave preparations; pot
pourri; perfumed body
lotions; bath and shower
gels; perfumed body creams;
cosmetic preparations for
the skin.
19-Apr-2000 19-Apr-2000
31281 Burberry Limited Thailand BURBERRYS 3 119007 Kor149238 REG Essential oils,perfumes,
perfumed soap, toilet soap,
cosmetic preparations for
the bath, anti-perspirants,
shampoos and conditioners
for the hair, eau de
cologne, toilet water,
cosmetics for the hair,
cosmetics for the eyes,
cosmetics for the lips,
cosmetics for the nails,
skin cream and lotion,
cosmetics preparations for
skin care, shaving
preparations (cosmetics).
22-Jul-1981 22-Jul-1981
2140 Burberry Limited Thailand Equestrian 3 417146 Kor129970 REG Class 3: Perfume; cosmetic
Knight Device preparations for the teet;
cosmetics preparations for
the hair; soaps; shampoos;
anti-perspirants; eau de
toilette; eau de cologne;
deodorants; essential oils;
shaving preparations;
aftershave preparations; pot
pourri; perfumed body
lotions; bath and shower
gels; perfumed body creams;
cosmetic preparations for
skin care.
19-Apr-2000 19-Apr-2000
31289 Burberry Limited Tunisia BURBERRYS 3 EE96.0871 REG Non-medicated toilet
preparations, perfumes,
cosmetic preparations,
soaps, shampoos,
preparations for the hair,
anti-perspirants, eau de
cologne and toilet water.
28-Sep-1981
180
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2209/
WP-TR Burberry Limited Turkey BURBERRY 3 733385 733385 REG Non-medicated toilet
preparations, perfumes,
cosmetics preparations for
the teeth and for the hair,
soaps, shampoos,
anti-perspirants, eau de
Cologne and toilet water,
essential oils, shaving
preparations, pot pourri.
25-Apr-2000 25-Apr-2001
2211/
WP-TR Burberry Limited Turkey Burberry Check 3 732879 732879 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
25-Apr-2000 25-Apr-2000
181
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
31296 Burberry Limited Turkey BURBERRYS 3 58667/81 129539 REG Non-medicated toilet
preparations, perfumes,
cosmetic preparations,
soaps, shampoos,
preparations for the hair,
anti-perspirants, eau de
cologne and toilet water.
29-Jun-1981 29-Jun-1981
31296/
PRIOR1 Burberry Limited Turkey BURBERRYS 3 58667/81 71830 REG Non-medicated toilet
preparations, perfumes,
cosmetic preparations,
soaps, shampoos,
preparations for the hair,
anti-perspirants, eau de
cologne and toilet water.
29-Jun-1981 29-Jun-1981
2210/
WP-TR Burberry Limited Turkey Equestrian 3 732707 732707 REG Class 3: Non-medicated
Knight Device toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
25-Apr-2000 25-Apr-2001
2654 Burberry Limited Ukraine BURBERRY 3 2000062814 27705 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
30-Jun-2000 15-Oct-2002
2660 Burberry Limited Ukraine Burberry Check 3 2000062815 27706 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
30-Jun-2000 15-Oct-2002
182
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
40574 Burberry Limited Ukraine BURBERRYS 3 93126146 10041 REG Non-medicated toilet
preparations; cosmetics;
perfumes, perfumery, soaps,
essential oils, preparations
for the teeth and hair;
shampoos; talc, dusting
powder, bath foam, bath gel,
shower gel;
anti-perspirants,
deodorants, deodorant
sticks; toilet water, eau de
toilette, cologne, cologne
spray, oil mist spray;
shaving cream, shaving foam,
shaving soap, skin creams,
anti-wrinkle creams,
moisturisers, moisture
cream, anti-ageing eye balm,
night cream, day cream, hand
cream, body moisturiser,
cleansing cream,
depilatories, razor burn
soother, sun tan lotions,
oils, sprays, mists and
gels, bronzing oil mist, oil
free tanning mist, bronzing
gels, mists and sprays,
after sun moisturiser, self
tanning lotions, ultra sun
block.
28-Dec-1993 30-Jun-1998
2659 Burberry Limited Ukraine Equestrian 3 2000062813 27704 REG Class 3: Non-medicated
Knight Device toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
30-Jun-2000 15-Oct-2002
2506 Burberry Limited United Arab Burberry Check 3 36982 43655 REG Class 3: Non-medicated
Emirates toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
18-Jun-2000 18-Nov-2003
51894 Burberry Limited United Arab BURBERRYS 3 19076 15078 REG Non-medicated toilet
Emirates preparations, perfumes,
perfumery, cosmetic
preparations for the teeth
and for the hair, soaps,
shampoos, shower and bath
gels, skin creams, dusting
powder, talc, deodorants,
anti-perspirants, oil mist
sprays, bronzing gel,
moisturising and cleansing
preparations, eau-de-cologne
and toilet water, essential
oils, shaving preparations,
pot pourri.
26-Oct-1996 09-May-1998
183
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2209 Burberry Limited United BURBERRY 3 2225986 2225986 REG Class 3: Non-medicated
Kingdom toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
15-Mar-2000 15-Mar-2000
2211 Burberry Limited United Burberry Check 3 2225922 2225922 REG Class 3: Non-medicated
Kingdom toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
15-Mar-2000 15-Mar-2000
42265 Burberry Limited United BURBERRYS 3 1572793 1572793 REG Non-medicated toilet
Kingdom preparations, perfumes,
cosmetic preparations for
the teeth and for the hair,
soaps, shampoos,
anti-perspirants, eau de
cologne and toilet water,
essential oils, shaving
preparations, pot pourri;
all included in Class 3.
20-May-1994 20-May-1994
32184 Burberry Limited United BURBERRYS 3 1157172 1157172 REG Non-medicated toilet
Kingdom preparations, perfumes,
cosmetics, soaps, shampoos,
preparations for the hair,
anti-perspirants, eau de
cologne and toilet water
07-Jul-1981 07-Jul-1981
184
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
30169 Burberry Limited United EQUESTRIAN 3 1431028 1431028 REG Non-medicated toilet
Kingdom KNIGHT Device preparations, perfumes,
cosmetic preparations for
the teeth and for the hair,
soaps, shampoos,
anti-perspirants, eau de
cologne and toilet water,
essential oils, shaving
preparations, pot pourri;
all included in Class 3,
09-Jun-1990 09-Jun-1990
2210 Burberry Limited United Equestrian 3 2225878 2225878 REG Class 3: Non-medicated
Kingdom Knight Device toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
15-Mar-2000 15-Mar-2000
2674 Burberry Limited United PRORSUM 3 2235436 2235436 REG Class 3: Non-medicated
Kingdom toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
09-Jun-2000 09-Jun-2000
185
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2410 Burberry Limited U.S.A. Burberry Check 3 76/197,000 0000000 REG Class 3: Perfumes, eau de
toilettes, body lotion;
soaps; personal deodorants;
eau de parfums, aftershaves;
shampoo for the hair and for
the body; shower gels; bath
gels.
13-Jun-2000 25-Feb-2003
2485 Burberry Limited U.S.A. Burberry Check 3 76/069,000 0000000 REG Class 3: Perfumes, eau de
(Black&White) toilettes, eau de parfums;
body lotions, soaps;
personal deodorants;
aftershave; shamppp for the
hair and for the body;
shower gels; bath gels.
13-Jun-2000 01-Jul-2003
186
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2363 Burberry Limited U.S.A. Equestrian 3, 18 76/069,307 2,512,119 REG Class 3: Non-medicated
Knight Device toilet preparations, namely,
perfumes, eau de cologne,
and toliet water, essential
oils for personal use,
cosmetics preparations for
the teeth and for the hair,
namely toothpastes,
shampoos, conditioners, hair
sprays, hair gels, soaps for
the body, shower gels and
bath gels and bath foams;
anti-perspirants and
deodorants; shaving
preparations and pot pourri.
13-Jun-2000 27-Nov-2001
31312 Burberry Limited Uruguay BURBERRY 3 187337 350.645 REG Class 3 - Perfumery,
cosmetics, and toilet goods.
16-Sep-1982 25-Nov-1983
2477 Burberry Limited Uruguay Burberry Check 3 323.451 323.451 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
07-Jun-2000 18-Dec-2000
31310 Burberry Limited Uruguay BURBERRYS 3 175871 245245 REG Toilet preparations,
perfumes, cosmetic
preparations; soaps, toilet
preparations for the teeth
and for the hair; articles
of luggage, handbags,
travelling bags.
11-Jul-1980 02-Jul-1981
187
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2446 Burberry Limited Uruguay Equestrian 3 323.452 323.452 REG Class 3: Non-medicated
Knight Device toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
07-Jun-2000 18-Dec-2000
31311 Burberry Limited Uruguay PRORSUM Label 3 175872 245246 REG Toilet preparations,
perfumes, cosmetic
preparations; soaps, toilet
preparations for the teeth
and for the hair.
11-Jul-1980
40573 Burberry Limited Uzbekistan XXXXXXXXX 0 XXXX 00-Xxx-0000
9401220.3 5455 REG Non-medicated toilet
preparations; cosmetics;
perfumes, perfumery, soaps,
essential oils, preparations
for the teeth and hair;
shampoos; talc, dusting
powder, bath foam, bath gel,
shower gel;
anti-perspirants,
deodorants, deodorant
sticks; toilet water, eau de
toilette, cologne, cologne
spray, oil mist spray;
shaving lotion, after shave
lotion, after shave
emulsion, pre-shave lotion,
shaving cream, shaving foam,
shaving soap, skin creams,
anti-wrinkle creams,
moisturisers, moisture
cream, anti-ageing eye balm,
night cream, day cream, hand
cream, body moisturiser,
cleansing cream,
depilatories, razor burn
soother, sun tan lotions,
oils, sprays, mists and
gels, bronzing oil mist and
bronzing gels;, oil free
tanning mist, mists and
sprays, after sun
moisturiser, self tanning
lotions, ultra sun block.
21-Sep-1994 18-Nov-1996
31315 Burberry Limited Venezuela BURBERRYS 3 6382-80 106639-F REG Toilet preparations,
perfumes, cosmetic
preparations; soaps, toilet
preparations for the teeth
and for the hair. (National
and foreign products).
29-Aug-1980 15-Feb-1984
188
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2101 Burberry Limited Vietnam BURBERRY 3 N2000/0872 39995 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri..
10-Mar-2000 20-Feb-2002
2176 Burberry Limited Vietnam Burberry Check 3 N2000/0874 49935 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
10-Mar-2000 20-Jun-2003
189
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2141 Burberry Limited Vietnam Equestrian 3 N20000873 39996 REG Class 3: Non-medicated
Knight Device toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
10-Mar-2000 20-Feb-2002
2209/W Burberry Limited WIPO BURBERRY 3 733385 733385 REG Non-medicated toilet
preparations, perfumes,
cosmetics preparations for
the teeth and for the hair,
soaps, shampoos,
anti-perspirants, eau de
Cologne and toilet water,
essential oils, shaving
preparations, pot pourri.
25-Apr-2000 25-Apr-2000
190
REPORT 8 - TM FILE - LISTING BY REG. OWNER WITH GOODS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2211/W Burberry Limited WIPO Burberry Check 3 732879 732879 REG Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de Cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
25-Apr-2000 25-Apr-2000
2210/W Burberry Limited WIPO Equestrian 3 732707 732707 REG Class 3: Non-medicated
Knight Device toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
25-Apr-2000 25-Apr-2000
191
BURBERRY'S PENDINGTRADE MARKS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2430 Burberry Limited Brazil BURBERRY 3 822964120 PEN Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
13-Jul-2000
2469 Burberry Limited Brazil Burberry Check 3 822964201 PEN Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
13-Jul-2000
2442 Burberry Limited Brazil Equestrian 3 822964171 PEN Class 3: Non-medicated
Knight Device toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
13-Jul-2000
192
BURBERRY'S PENDING TRADE MARKS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
0000 Xxxxxxxx Xxxxxxx Xxxxxx Burberry Check 3 1147603 PEN Class 3: Non-medicated
(Black & White) toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
22-Jul-2002
2555 Burberry Limited Cyprus BURBERRY 3 56480 PEN Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
16-May-2000
2788 Burberry Limited Cyprus Burberry Check 3 58763 PEN Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
12-Dec-2000
2376 Burberry Limited Egypt BURBERRY 3 135157 PEN Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
08-Aug-2000
193
BURBERRY'S PENDING TRADE MARKS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2398 Burberry Limited Egypt Burberry Check 3 135160 PEN Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
08-Aug-2000
3237 Burberry Limited European Xxxxxx Xxxxxxxx 3 002948891 PEN Class 3: Non-medicated
Union Script with toilet preparations, Flag
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
27-Nov-2002
2068 Burberry Limited Fiji BURBERRY 3 130/2000 PEN Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
18-May-2000
2150 Burberry Limited Hong Kong Burberry Check 3 3631/2000 PEN Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
23-Feb-2000
194
BURBERRY'S PENDING TRADE MARKS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2093 Burberry Limited India BURBERRY 3 905509 PEN Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
23-Feb-2000
2117 Burberry Limited India Equestrian 3 905513 PEN Class 3: Non-medicated
Knight Device toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
23-Feb-2000
2119 Burberry Limited Indonesia Equestrian 3 D004357 PEN Class 3: Non-medicated
Knight Device toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
09-Mar-2000
2651 Burberry Limited Japan Burberry Check 3 2000-61984 4493210 PEN Class 3: Shampoos, cleansing
preparations for the skin
(excluding medical use),and
other soaps; essential oils,
pot pourri, and other
fragrance and flavourings;
eau de colognes, and other
toilet waters, shaving
creams, hair cosmetics,
perfumes and other
cosmetics; dentifrices.
06-Jun-2000
195
BURBERRY'S PENDING TRADE MARKS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
3265 Burberry Limited Japan Burberry Check 3 2003-78132 PEN Class 3: Non-medicated
(Pink) toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair,
anti-perspirants, eau de
cologne, toilet water,
shaving preparations, other
cosmetics, soaps, shampoos,
other soaps and detergents,
essential oils, pot pourri,
other perfumery, fragrances
and incenses.
09-Sep-2003
196
BURBERRY'S PENDING TRADE MARKS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2906 Burberry Limited Korea Burberry in 3 45-2002-705 PEN Class 3: Face powder, skin
(South) Korean lotion, facial cream,
Characters cleansing cream,
anti-perspirants, body
deodorants, perfumes,
toothpaste, hair tonic, hair
dying agent, hair spray,
hair de-colouring agent,
shampoo, toilet soap, liquid
soap, bath soaps, cosmetic
soaps, deodorant soaps,
cream soaps, medicated
soaps, shaving soaps, eau de
cologne, common toilet
water, essential oils for
personal use, shaving
creams, potpourri
(fragrance), and talcum
powder for toilet use.
22-Feb-2002
2495 Burberry Limited Kuwait Equestrian 3 49993 PEN Class 3: Non-medicated
Knight Device toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
09-May-2001
197
BURBERRY'S PENDING TRADE MARKS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2167 Burberry Limited Malaysia Burberry Check 3 2000/04039 PEN Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
07-Apr-2000
3203 Burberry Limited Norway Xxxxxx Xxxxxxxx 3 200206704 PEN Class 3: Non-medicated
toilet preparations, Shield
Device perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
22-Jul-2002
2503 Burberry Limited Oman Burberry Check 3 22568 PEN Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
20-May-2000
198
BURBERRY'S PENDING TRADE MARKS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
2496 Burberry Limited Oman Equestrian 3 22569 PEN Class 3: Non-medicated
Knight Device toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
20-May-2000
2476 Burberry Limited Paraguay Burberry Check 3 12410 PEN Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
29-May-2000
2104 Burberry Limited Philippines BURBERRY 3 4-2000-01953 PEN Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
03-Mar-2000
2169 Burberry Limited Philippines Burberry Check 3 4-200-01950 PEN Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
13-Mar-2000
2129 Burberry Limited Philippines Equestrian 3 4-2000-01954 PEN Class 3: Non-medicated
Knight Device toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
13-Mar-2000
2198 Burberry Limited Philippines PRORSUM 3 4-2000-01620 PEN Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
03-Mar-2000
2504 Burberry Limited Qatar Burberry Check 3 22864 PEN Class 3: Non-medicated
toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
20-May-2000
199
BURBERRY'S PENDING TRADE MARKS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
51889 Burberry Limited Qatar BURBERRYS 3 15644 PEN Non-medicated toilet
preparations, perfumes,
perfumery, cosmetic
preparations for the teeth
and for the hair, soaps,
shampoos, shower and bath
gels, skin creams, dusting
powder, talc, deodorants,
anti-perspirants, oil mist
sprays, bronzing gel,
moisturising and cleansing
preparations, eau-de-cologne
and toilet water, essential
oils, shaving preparations,
pot pourri.
05-Sep-1996
2497 Burberry Limited Qatar Equestrian 3 22865 PEN Class 3: Non-medicated
Knight Device toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
20-May-2000
2498 Burberry Limited Saudi Equestrian 3 64910 PEN Class 3: Non-medicated
Arabia Knight Device toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
06-Jun-2000
2421 Burberry Limited South Equestrian 3 2000/08271 PEN Class 3: Non-medicated
Africa Knight Device toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
04-May-2000
2499 Burberry Limited United Arab Equestrian 3 36981 PEN Class 3: Non-medicated
Emirates Knight Device toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
18-Jun-2000
200
BURBERRY'S PENDING TRADE MARKS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
3261 Burberry Limited United Burberry Check 3 2338837 PEN Class 3: Non-medicated
Kingdom (Black & White toilet preparations,
- With Text) perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
16-Jul-2003
3260 Burberry Limited United Burberry Check 3 2338838 PEN Class 3: Non-medicated
Kingdom (Black & White) toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
16-Jul-2003
201
BURBERRY'S PENDING TRADE MARKS
APP DATE
TMID REGISTERED OWNER COUNTRY TRADEMARK CLASS APP NO REG NO/ REG DATE STATUS GOODS
3262 Burberry Limited United Icon Stripe 3 2339137 PEN Class 3: Non-medicated
Kingdom toilet preparations,
perfumes, cosmetics
preparations for the teeth
and for the hair, soaps,
shampoos, anti-perspirants,
eau de cologne and toilet
water, essential oils,
shaving preparations, pot
pourri.
19-Jul-2003
3287 Burberry Limited U.S.A. BURBERRY LONDON 3 76/564751 PEN Class 3: Non-medicated
toilet preparations, namely
perfumes, eau de cologne and
toilet water, essential oils
for personal use; cosmetics
preparations for the teeth
and for the hair; namely
toothpastes, shampoos,
conditioners, hair sprays,
hair gels, soaps for the
body, shower gels and bath
gels and bath foams;
anti-perspirants and
deodorants, shaving
preparations, pot pourri.
11-Dec-2003
202
VARIED TRADE NAMES - CLASS 3 - REGISTERED
APP DATE
REGISTERED REG NO/
TMID OWNER COUNTRY TRADEMARK CLASS APP NO REG DATE STATUS GOODS
2744 Burberry Argentina BURBERRY 3 2309912 1866381 REG Class 3: Non-medicated toilet preparations,
Limited TOUCH perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
03-Oct-2000 08-Apr-2002
2999 Burberry Argentina Rocking 3 2371451 1918469 REG Class 3: Non-medicated toilet preparations,
Limited Lamb perfumes, cosmetics preparations for the teeth and
Device for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, pot
pourri.
09-Apr-2002 17-Mar-2003
00000 Xxxxxxxx Xxxxxxxxx Week end 3 2098877 1754051 REG All goods in the class.
Limited Burberrys
OF
LONDON
(stylised)
20-Aug-1997 23-Sep-1999
2745 Burberry Australia BURBERRY 3 852432 852432 REG Class 3: Non-medicated toilet preparations,
Limited TOUCH perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
05-Oct-2000 05-Oct-2000
3033/WPBurberry Australia Rocking 3 779836 779636 REG Class 3: Non-medicated toilet preparations,
Limited Lamb perfumes, cosmetics preparations for the teeth and
Device for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, pot
pourri.
30-Apr-2002 30-Apr-2002
57872 Burberry Australia Week end 3 748014 748014 REG Non-medicated toilet preparations, perfumes, soaps,
Limited Burberrys shower and bath gels, deodorants, anti-perspirants,
OF eau-de-cologne and toilet water, pre-shave lotion,
LONDON after-shave lotion.
(stylised)
06-Nov-1997 06-Nov-1997
3013 Burberry Bahrain Rocking 3 31209 31209 REG Class 3: Non-medicated toilet preparations,
Limited Lamb perfumes, cosmetics preparations for the teeth and
Device for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, pot
pourri.
13-Apr-2002 13-Apr-2002
2746 Burberry Bolivia BURBERRY 3 SM-4468-00 86223C REG Class 3: Non-medicated toilet preparations,
Limited TOUCH perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
13-Oct-2000 20-May-2002
203
VARIED TRADE NAMES - CLASS 3 - REGISTERED
APP DATE
REGISTERED REG NO/
TMID OWNER COUNTRY TRADEMARK CLASS APP NO REG DATE STATUS GOODS
60714 Burberry Bolivia Week end 3 8414 78419 REG Perfumes, perfumery products, cologne and eau de
Limited Burberrys toilette, soaps, shower gel, bath gel, bath foam,
OF deodorant, moisturising products for the body,
LONDON toilet talc, anti-ageing eye balm, anti-wrinkle
(stylised) cream, after shave emulsion, pre-shave lotion, razor
burn soother.
25-Jun-1998 04-May-2000
00000 Xxxxxxxx Xxxxxx Week end 3 820203572 820203572 REG Non-medicated toilet preparations, perfumes, toilet
Limited Burberrys soaps, shower gels, deodorants, anti-perspirants,
OF eau de cologne and toilet water, pre-shave lotion,
LONDON after shave lotion.
(stylised)
29-Aug-1997 28-May-2002
0000 Xxxxxxxx Xxxxxx BURBERRY 3 1079247 582854 REG Class 3: Non-medicated toilet preparations,
Limited TOUCH perfumes, cosmetics, soaps, shampoos,
anti-perspirants, eau de cologne and toilet water,
shaving preparations,perfumes, essential oils.
18-Oct-2000 30-May-2003
00000 Xxxxxxxx Xxxxxx Week end 3 887486 537879 REG Perfumery products and toiletries, namely perfumes,
Limited Burberrys cologne, eau de toilette, soaps, shower gel, bath
OF gel, bath foam, deodorant, body moisturizers, toilet
LONDON talc, anti-ageing eye balm, anti-wrinkle cream,
(stylised) after shave emulsion, pre-shave lotion, razor burn
soother.
17-Aug-1998 28-Nov-2000
3302 Burberry Chile Burberry 3 626.780 692.316 REG Class 3: Non-medicated toilet preparations,
Limited Brit perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
03-Nov-2003 21-Apr-2004
3321 Burberry Chile Burberry 3 627067 691.319 REG Class 3: Non-medicated toilet preparations,
Limited Tender
Touch
perfumes, cosmetics, preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
05-Nov-2003 21-Apr-2004
2740 Burberry Chile BURBERRY 3 503.408 591401 REG Class 3: Non-medicated toilet preparations,
Limited TOUCH perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
04-Oct-2000 06-Mar-2001
204
VARIED TRADE NAMES - CLASS 3 - REGISTERED
APP DATE
REGISTERED REG NO/
TMID OWNER COUNTRY TRADEMARK CLASS APP NO REG DATE STATUS GOODS
3001 Burberry Chile Rocking 3 564.329 638.907 REG Class 3: Non-medicated toilet preparations,
Limited Lamb perfumes, cosmetics preparations for the teeth and
Device for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, pot
pourri.
12-Apr-2002 09-Aug-2002
00000 Xxxxxxxx Xxxxx Week end 3 387850 509752 REG Non-medicated toilet preparations, perfumes, soaps,
Limited Burberrys shower and bath gels, deodorants, anti-perspirants,
OF eau-de-cologne and toilet water, pre-shave lotion,
LONDON after-shave lotion.
(stylised)
21-Aug-1997 13-Apr-1998
2741 Burberry Colombia BURBERRY 3 77014 237748 REG Class 3: Non-medicated toilet preparations,
Limited TOUCH perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
10-Oct-2000 19-Jun-2001
00000 Xxxxxxxx Xxxxxxxx Week end 3 97049318 232817 REG Non-medicated toilet preparations, perfumes, soaps,
Limited Burberrys shower and bath gels, deodorants, anti-perspirants,
OF eau-de-cologne and toilet water, pre-shave lotion,
LONDON after-shave lotion.
(stylised)
27-Aug-1997 13-Apr-1998
0000 Xxxxxxxx Xxxxx Xxxx Rocking 3 135.787 REG Class 3: Non-medicated toilet preparations,
Limited Lamb perfumes, cosmetics preparations for the teeth and
Device for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, pot
pourri.
12-Apr-2002 12-Nov-2002
2729/ Burberry Czech BURBERRY 3 746063 746063 REG Class 3: Non-medicated toilet preparations,
WP-CZ Limited Republic TOUCH perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
23-Oct-2000 23-Oct-2000
3339 Burberry Denmark Burberry 3 VA 2004 00650 VR 2004 00682 REG Class 3: Non-medicated toilet preparations,
Limited Tender perfumes, cosmetics, preparations for the teeth and
Touch for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
17-Feb-2004 27-Feb-2004
205
VARIED TRADE NAMES - CLASS 3 - REGISTERED
APP DATE
REGISTERED REG NO/
TMID OWNER COUNTRY TRADEMARK CLASS APP NO REG DATE STATUS GOODS
0000 Xxxxxxxx Xxxxxxx Rocking 3 123239 19655 REG Class 3: Non-medicated toilet preparations,
Limited Lamb perfumes, cosmetics preparations for the teeth and
Device for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, pot
pourri.
23-Apr-2002 05-Mar-2003
2523 Burberry European BURBERRY 3 001695949 001695949 REG Class 3: Non-medicated toilet preparations,
Limited Union TOUCH perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
24-May-2000 24-May-2000
2978 Burberry European Rocking 3, 002645182 002645182 REG Class 3: Non-medicated toilet preparations,
Limited Union Lamb 21, perfumes, talcum powder, cosmetic preparations for
Device 25 the teeth and for the hair, soaps, all over wash;
shampoos, anti-perspirants, eau de cologne, eau de
toilette (with or without alcohol) and toilet water,
essential oils, baby balm, massage oil, pot pourri.
05-Apr-2002 26-Jun-2003
62868 Burberry European Week end 3 497784 497784 REG Perfumes, perfumery products, cologne and eau de
Limited Union Burberrys toilette, soaps, shower gel, bath gel, bath foam,
OF deodorant for personal use, moisturising products
LONDON for the body, toilet talc, anti-aging eye balm,
(stylised) anti-wrinkle cream, after-shave emulsion, pre-shave
lotion, razor burn soother.
13-Mar-1997 13-Mar-1997
206
VARIED TRADE NAMES - CLASS 3 - REGISTERED
APP DATE
REGISTERED REG NO/
TMID OWNER COUNTRY TRADEMARK CLASS APP NO REG DATE STATUS GOODS
3266 Burberry France Burberry 3 03 3 242 506 03 3 242 506 REG Class 3: Non-medicated toilet preparations,
Limited Tender perfumes, cosmetics preparations for the teeth and
Touch for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
22-Aug-2003 22-Aug-2003
2695 Burberry France BURBERRY 3 3036772 3036772 REG Class 3: Non-medicated toilet preparations,
Limited TOUCH perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
26-Jun-2000 26-Jun-2000
00000 Xxxxxxxx Xxxxxx Week end 3 97/667077 97667077 REG Perfumes, perfumery products, toilet water,
Limited Burberrys eau-de-cologne, soaps, shower and bath gel, bath
OF mousse, deodorants, talc, anti-wrinkle gel for the
LONDON eyes, anti-wrinkle cream, pre-shave lotion,
(stylised) after-shave lotion.
05-Mar-1997 05-Mar-1997
2750 Burberry Hong Kong BURBERRY 3 22046/2000 04272/2002 REG Class 3: Non-medicated toilet preparations,
Limited TOUCH perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri; all included in Class 3..
05-Oct-2000 10-May-2000
3008 Burberry Hong Kong Rocking 3 2002/05185 03746/2003 REG Class 3: Non-medicated toilet preparations,
Limited Lamb perfumes, cosmetics preparations for the teeth and
Device for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, pot
pourri.
15-Apr-2002 15-Apr-2002
207
VARIED TRADE NAMES - CLASS 3 - REGISTERED
APP DATE
REGISTERED REG NO/
TMID OWNER COUNTRY TRADEMARK CLASS APP NO REG DATE STATUS GOODS
2711 Burberry Hong Kong Week end 3 97 18052 12080/1998 REG Non- medicated toilet prearations, perfumes, soaps,
Limited BURBERRYS shower and bath gels, deodorants and
(stylised) anti-perspirants for personal use, eau-de-cologne
and toilet water, pre-shave lotions, after-shave
;otions; all included in Class 3
22-Dec-1997 22-Dec-1997
2729/WP-HU Burberry Hungary BURBERRY 3 746063 746063 REG Class 3: Non-medicated toilet preparations,
Limited TOUCH perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
23-Oct-2000 23-Oct-2000
56765 Burberry Indonesia Week end 3 D97-20169 426.286 REG Non-medicated toilet preparations, perfumes, soaps,
Limited Burberrys shower and bath gels; deodorants, anti-perspirants,
OF eau-de-cologne and toilet water, pre-shave lotion
LONDON and after-shave lotion.
(stylised)
18-Sep-1997 18-Sep-1997
2751 Burberry Israel BURBERRY 3 142576 142576 REG Class 3: Non-medicated toilet preparations,
Limited TOUCH perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
04-Oct-2000 04-Dec-2001
3014 Burberry Israel Rocking 3 156330 156330 REG Class 3: Non-medicated toilet preparations,
Limited Lamb Device perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, pot
pourri.
10-Apr-2002 03-Apr-2003
00000 Xxxxxxxx Xxxxxx Week end 3 120204 120204 REG Perfumes, perfumery products, cologne and eau de
Limited Burberrys toilette, soaps, shower gel, bath gel, bath foam,
OF deodorant, moisturising products for the body,
LONDON toilet talc, anti-ageing eye balm, anti-wrinkle
(stylised) cream, after shave emulsion, pre-shave lotion, razor
burn soother.
10-Jun-1998 05-Oct-1999
208
VARIED TRADE NAMES - CLASS 3 - REGISTERED
APP DATE
REGISTERED REG NO/
TMID OWNER COUNTRY TRADEMARK CLASS APP NO REG DATE STATUS GOODS
2729/WP-JP Burberry Japan BURBERRY 3 746063 746063 REG Class 3: Non-medicated toilet preparations,
Limited TOUCH perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
23-Oct-2000 23-Oct-2000
0000 Xxxxxxxx Xxxxx Rocking 3 2002-36095 4647041 REG Class 3: Shampoo and other soaps, fragrances and
Limited Lamb Device flavourings, toilet waters, eau de colognes,
perfumes and other cosmetics, dentifrices.
02-May-2002 21-Feb-2003
60682 Burberry Jordan Week end 3 50426 50426 REG Perfumes, perfumery products, cologne and eau de
Limited Burberrys toilette, soaps, shower gel, bath gel, bath foam,
OF deodorant, moisturising products for the body,
LONDON toilet talc, anti-ageing eye balm, anti-wrinkle
(stylised) cream, after shave emulsion, pre-shave lotion, razor
burn soother.
23-Jun-1998 23-Jun-1998
2752 Burberry Korea BURBERRY 3 40-2000-49643 514908 REG Class 3: Perfume, perfumed oil, general toilet
Limited (South) TOUCH water, face powder, skin lotion, facial cream, eau
de cologne, cleansing cream, foundation cream,
powdered perfume, hair tonic, hair dyeing agent,
hair spray, hair decolouring agent, shaving gel,
shaving foam, shaving mousse, shaving lotion, pot
pourris perfumes, toilet soap, washing soap,
medicated soap, bath soap. liquid soap, deodorant
soap, shampoos, dentifrices, anti-perspirants and
essential oils.
24-Oct-2000 14-Mar-2002
209
VARIED TRADE NAMES - CLASS 3 - REGISTERED
APP DATE
REGISTERED REG NO/
TMID OWNER COUNTRY TRADEMARK CLASS APP NO REG DATE STATUS GOODS
3010 Burberry Korea Rocking 3 40-2002-17979 40-566466 REG Class 3: Perfumes, shampoos, anti-perspirants, eau
Limited (South) Lamb de cologne, comon toilet water, essential oils for
Device personal use, pot pourri (fragrance), bath oils,
bath paoder, baby oils, baby powder, bath salts for
non-medical purposes, frangrances for non-medical
purposes, sun screen lotions, shaving creams, skin
milk, skin fresheners, eye lingers, eye make-up
removers, eye shadows, after shave lotions, body
deodorants, lip gloss, cleansing cream, face powder,
hand cream perfumed oils, hair gels, hair
conditioners, hair creams, hair tonics, toilet bath
salts, cleansing milk for toilet purposes, liquid
soaps, shaving soaps, deodorant soaps, bath soaps,
cosmetic soaps, paper soaps, cream soaps, hair
rinses, toilet soaps and toothpaste.
19-Apr-2002 25-Nov-2003
61923 Burberry Korea Week end 3 97-14024 417515 REG Non-medicated toilet preparations, perfumes, shower
Limited (South) Burberrys and bath gels, deodorants, anti-perspirants,
OF eau-de-cologne and toilet waters, pre-shave lotion,
LONDON after-shave lotion.
(stylised)
28-Mar-1997 21-Aug-1998
61921 Burberry Korea Week end 3 97-14025 441277 REG Water soaps and cleanser.
Limited (South) Burberrys
OF
LONDON
(stylised)
28-Mar-1997 10-Feb-1999
60680 Burberry Kuwait Week end 3 41206 38953 REG Perfumes, perfumery products, cologne and eau de
Limited Burberrys toilette, soaps, shower gel, bath gel, bath foam,
OF deodorant, moisturising products for the body,
LONDON toilet talc, anti-ageing eye balm, anti-wrinkle
(stylised) cream, after shave emulsion, pre-shave lotion, razor
burn soother.
30-Sep-1997 30-Sep-1998
2755 Burberry Lebanon BURBERRY 3 96-01-0770755 REG Class 3: Non-medicated toilet preparations,
Limited TOUCH perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
17-Oct-2000
0000 Xxxxxxxx Xxxxxxxx BURBERRY 3 2000/15901 00015901 REG Class 3: Non-medicated toilet preparations,
Limited TOUCH perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
09-Nov-2000 10-May-2000
210
VARIED TRADE NAMES - CLASS 3 - REGISTERED
APP DATE
REGISTERED REG NO/
TMID OWNER COUNTRY TRADEMARK CLASS APP NO REG DATE STATUS GOODS
2996 Burberry Mauritius Rocking 3 A/54 No. 100 REG Class 3: Non-medicated toilet preparations,
Limited Lamb perfumes, cosmetics preparations for the teeth and
Device for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, pot
pourri.
29-Apr-2002 29-Apr-2002
2756 Burberry Mexico BURBERRY 3 456456 691278 REG Class 3: Non-medicated toilet preparations,
Limited TOUCH perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
03-Nov-2000 7-Mar-2001
3005 Burberry Mexico Rocking 3 560683 764609 REG Class 3: Non-medicated toilet preparations,
Limited Lamb perfumes, cosmetics preparations for the teeth and
Device for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, pot
pourri.
12-Aug-2002 21-Jan-2002
2748 Burberry New BURBERRY 3 624482 624482 REG Class 3: Non-medicated toilet preparations,
Limited Zealand TOUCH perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
04-Oct-2000 10-May-2000
2729/WP-NO Burberry Norway BURBERRY 3 746063 746063 REG Class 3: Non-medicated toilet preparations,
Limited TOUCH perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
23-Oct-2000 23-Oct-2000
211
VARIED TRADE NAMES - CLASS 3 - REGISTERED
APP DATE
REGISTERED REG NO/
TMID OWNER COUNTRY TRADEMARK CLASS APP NO REG DATE STATUS GOODS
2757 Burberry Panama BURBERRY 3 111126 111126 01 REG Class 3: Non-medicated toilet preparations,
Limited TOUCH perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
09-Nov-2000 22-Apr-2002
00000 Xxxxxxxx Xxxxxx Week end 3 095524 095524 REG Perfumes, perfumery products, cologne and eau de
Limited Burberrys toilette, soaps, shower gel, bath gel, bath foam,
OF LONDON deodorant, moisturising products for the body,
(stylised) toilet talc, anti-ageing eye balm, anti-wrinkle
cream, after shave emulsion, pre-shave lotion, razor
burn soother.
12-Aug-1996 12-Aug-1998
3304 Burberry Paraguay Burberry 3 29327-2003 269372 REG Class 3: Non-medicated toilet preparations,
Limited Brit perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
11-Nov-2003 14-Jul-2004
212
VARIED TRADE NAMES - CLASS 3 - REGISTERED
APP DATE
REGISTERED REG NO/
TMID OWNER COUNTRY TRADEMARK CLASS APP NO REG DATE STATUS GOODS
2758 Burberry Paraguay BURBERRY 3 25639-2000 239741 REG Class 3: Non-medicated toilet preparations,
Limited TOUCH perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
04-Oct-2000 17-Sep-2001
3006 Burberry Paraguay Rocking 3 8638-2002 251852 REG Class 3: Non-medicated toilet preparations,
Limited Lamb perfumes, cosmetics preparations for the teeth and
Device for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
17-Apr-2002 18-Nov-2002
56764 Burberry Paraguay Week end 3 16260-97 209046 REG Non-medicated toilet preparations, perfumes, soaps,
Limited Burberrys shower and bath gels; deodorants, anti-perspirants,
OF eau-de-cologne and toilet water, pre-shave lotion
LONDON and after-shave lotion.
(stylised)
12-Aug-1997 24-Nov-1998
2743 Burberry Peru BURBERRY 3 116126 73351 REG Class 3: Non-medicated toilet preparations,
Limited TOUCH perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
18-Oct-2000 24-Jul-2001
2729/WP-PL Burberry Poland BURBERRY 3 746063 746063 REG Class 3: Non-medicated toilet preparations,
Limited TOUCH perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
23-Oct-2000 23-Oct-2000
60683 Burberry Poland Week end 3 Z-188243 131939 REG Perfumes, perfumery products, cologne and eau de
Limited Burberrys toilette, soaps, shower gel, bath gel, bath foam,
OF deodorant, moisturising products for the body,
LONDON toilet talc, anti-ageing eye balm, anti-wrinkle
(stylised) cream, after shave emulsion, pre-shave lotion, razor
burn soother.
15-Jun-1998 17-Aug-2001
2729/WP-RO Burberry Romania BURBERRY 3 746063 746063 REG Class 3: Non-medicated toilet preparations,
Limited TOUCH perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
23-Oct-2000 23-Oct-2000
213
VARIED TRADE NAMES - CLASS 3 - REGISTERED
APP DATE
REGISTERED REG NO/
TMID OWNER COUNTRY TRADEMARK CLASS APP NO REG DATE STATUS GOODS
2729/WP-RU Burberry Russian BURBERRY 3 746063 746063 REG Class 3: Non-medicated toilet preparations,
Limited Federation TOUCH perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
23-Oct-2000 23-Oct-2000
60681 Burberry Russian Week end 3 98710936 98710369 REG Perfumes, perfumery products, cologne and eau de
Limited Federation Burberrys toilette, soaps, shower gel, bath gel, bath foam,
OF deodorant, moisturising products for the body,
LONDON toilet talc, anti-ageing eye balm, anti-wrinkle
(stylised) cream, after shave emulsion, pre-shave lotion, razor
burn soother.
24-Jun-1998 24-Jun-1998
2759 Burberry Saudi BURBERRY 3 67923 621/65 REG Class 3: Non-medicated toilet preparations,
Limited Arabia TOUCH perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
11-Nov-2000 11-Nov-2000
3019 Burberry Saudi Rocking 3 76328 665/59 REG Class 3: Non-medicated toilet preparations,
Limited Arabia Lamb perfumes, cosmetics preparations for the teeth and
Device for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, pot
pourri.
09-Apr-2002 09-Apr-2002
60578 Burberry Saudi Week end 3 44986 501/8 REG Non-medicated toilet preparations, perfumes, soaps,
Limited Arabia Burberrys shower and bath gels, deodorants, anti-perspirants,
OF eau-de-cologne and toilet water, pre-shave lotion,
LONDON after-shave lotion.
(stylised)
26-Jun-1998 19-Oct-1999
0000 Xxxxxxxx Xxxxxxxxx BURBERRY 3 T00/17551D T00/17551D REG Class 3: Non-medicated toilet preparations,
Limited TOUCH perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
06-Oct-2000 10-May-2000
00000 Xxxxxxxx Xxxxxxxxx Week end 3 15061/97 T97/15061I REG Non-medicated toilet preparations, perfumes, soaps,
Limited Burberrys shower and bath gels, deodorants, anti-perspirants,
OF eau-de-cologne and toilet water, pre-shave lotion,
LONDON after-shave lotion.
(stylised)
10-Dec-1997 10-Dec-1997
214
VARIED TRADE NAMES - CLASS 3 - REGISTERED
APP DATE
REGISTERED REG NO/
TMID OWNER COUNTRY TRADEMARK CLASS APP NO REG DATE STATUS GOODS
2729/WP-SK Burberry Slovakia BURBERRY 3 746063 746063 REG Class 3: Non-medicated toilet preparations,
Limited TOUCH perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
23-Oct-2000 23-Oct-2000
3348 Burberry Switzerland Burberry 3 51019/2004 520.106 REG Class 3: Non-medicated toilet preparations,
Limited Tender perfumes, cosmetics, preparations for the teeth and
Touch for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
18-Feb-2004 31-Mar-2004
2729/WP-CH Burberry Switzerland BURBERRY 3 746063 746063 REG Class 3: Non-medicated toilet preparations,
Limited TOUCH perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
23-Oct-2000 23-Oct-2000
215
VARIED TRADE NAMES - CLASS 3 - REGISTERED
APP DATE
REGISTERED REG NO/
TMID OWNER COUNTRY TRADEMARK CLASS APP NO REG DATE STATUS GOODS
60677 Burberry Switzerland Week end 3 4652/1998 457932 REG Perfumes, perfumery products, cologne and eau de
Limited BURBERRYS toilette, soaps, shower gel, bath gel, bath foam,
(stylised) deodorant, moisturising products for the body,
toilet talc, anti-ageing eye balm, anti-wrinkle
cream, after shave emulsion, pre-shave lotion, razor
burn soother.
15-Dec-1998 15-Dec-1998
3311 Burberry Taiwan Burberry 3 92063891 1110101 REG Class 3: Non-medicated toilet preparations,
Limited Brit perfumes, preparations for the teeth and
for the hair, soaps for human use, shampoos, anti-
perspirants, eau de cologne and toilet water,
essential oils, shaving preparations, pot pourri.
03-Nov-2003 16-Jul-2004
216
VARIED TRADE NAMES - CLASS 3 - REGISTERED
APP DATE
REGISTERED REG NO/
TMID OWNER COUNTRY TRADEMARK CLASS APP NO REG DATE STATUS GOODS
2761 Burberry Taiwan BURBERRY 3 89057922 1016603 REG Class 3: Non-medicated toilet preparations,
Limited TOUCH perfumes, cosmetics preparations for the teeth and
for the hair, soaps for human use, shampoos,
anti-perspirants, eau de cologne and toilet water,
essential oils, shaving preparations, pot pourri.
06-Oct-2000 01-Oct-2002
3011 Burberry Taiwan Rocking 3 91013670 1035982 REG Class 3: Non-medicated toilet preparations,
Limited Lamb perfumes, cosmetics preparations for the teeth and
Device for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, pot
pourri.
11-Apr-2002 16-Mar-2003
59129 Burberry Taiwan Week end 3 849612 849612 REG Non-medicated toilet preparations, perfumes, soaps,
Limited BURBERRYS shower and bath gels, deodorants, anti-perspirants,
(stylised) eau-de-cologne and toilet water, pre-shave lotion,
after-shave lotion.
18-Mar-1998 01-May-1999
3012 Burberry Thailand Rocking 3 489827 Kor174351 REG Class 3: Perfumes, eau de toilette, eau de parfums,
Limited Lamb cosmetic preparations for the teeth and for the
Device hair; toothpaste, soaps, shampoos, anti-perspirants,
eau de cologne, toilet water, body lotions, body
sprays, after-shave lotions, cosmetic preparations
for skin; preparations for body cleansing, essential
oils, pot pourri.
13-Jun-2002 13-Jun-2002
00000 Xxxxxxxx Xxxxxxxx Week end 3 366474 Kor 107999 REG Perfumes, soaps, shower and bath gels, deodorants,
Limited Burberrys anti-perspiarnts, eau-de-cologne, toilet
(stylised) water,pre-shave lotion, after-shave lotion
06-Aug-1998 06-Aug-1998
2729/WP-TR Burberry Turkey BURBERRY 3 746063 746063 REG Class 3: Non-medicated toilet preparations,
Limited TOUCH perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
23-Oct-2000 23-Oct-2000
00000 Xxxxxxxx Xxxxxx Week end 3 1998/8388 198559 REG Perfumes, perfumery products, cologne and eau de
Limited Burberrys toilette, soaps, shower gel, bath gel, bath foam,
OF deodorant, moisturising products for the body,
LONDON toilet talc, anti-ageing eye balm, anti-wrinkle
(stylised) cream, after shave emulsion, pre-shave lotion, razor
burn soother.
24-Jun-1998 24-Jun-1998
217
VARIED TRADE NAMES - CLASS 3 - REGISTERED
APP DATE
REGISTERED REG NO/
TMID OWNER COUNTRY TRADEMARK CLASS APP NO REG DATE STATUS GOODS
2762 Burberry Ukraine BURBERRY 3 2000104576 28836 REG Class 3: Toilet preparations; perfumes; cosmetics
Limited TOUCH preparations for the teeth and for the hair; soaps;
shampoos; anti-perspirants; eau de cologne; toilet
water; essential oils; shaving preparations; pot
pourri; all the above for non-medicated purposes.
13-Oct-2000 16-Dec-2002
2994 Burberry Ukraine Rocking 3 2002043037/T 37188 REG Class 3: Non-medicated toilet preparations,
Limited Lamb perfumes, cosmetics preparations for the teeth and
Device for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, pot
pourri.
15-Apr-2002 15-Jan-2004
2763 Burberry United BURBERRY 3 39231 29056 REG Class 3: Non-medicated toilet preparations,
Limited Arab TOUCH perfumes, cosmetics preparations for the teeth and
Emirates for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
06-Nov-2000 22-Oct-2001
60679 Burberry United Week end 3 28092 26254 REG Perfumes, perfumery products, cologne and eau de
Limited Arab Burberrys toilette, soaps, shower gel, bath gel, bath foam,
Emirates OF deodorant, moisturising products for the body,
LONDON toilet talc, anti-ageing eye balm, anti-wrinkle
(stylised) cream, after shave emulsion, pre-shave lotion, razor
burn soother.
31-Aug-1998 18-Oct-2000
2537 Burberry United BURBERRY 3 2231970 2231970 REG Class 3: Non-medicated toilet preparations,
Limited Kingdom TOUCH perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
10-May-2000 10-May-2000
2993 Burberry United Rocking 3 2297097 2297097 REG Class 3: Non-medicated toilet preparations,
Limited Kingdom Lamb perfumes, cosmetics preparations for the teeth and
Device for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, pot
pourri.
04-Apr-2002 30-Aug-2002
54536 Burberry United Week end 3 2126565 2126565 REG Perfumes, perfumery products, cologne and eau de
Limited Kingdom BURBERRYS toilette, soaps, shower gel, bath gel, bath foam,
(stylised) deodorant, moisturising products for the body,
toilet talc, anti-ageing eye balm, anti-wrinkle
cream, after shave emulsion, pre-shave lotion, razor
burn soother.
13-Mar-1997 13-Mar-1997
218
VARIED TRADE NAMES - CLASS 3 - REGISTERED
APP DATE
REGISTERED REG NO/
TMID OWNER COUNTRY TRADEMARK CLASS APP NO REG DATE STATUS GOODS
2764 Burberry USA. BURBERRY 3 76/153502 2634190 REG Class 3: Non-medicated toilet preparations, namely
Limited TOUCH perfumes, eau de cologne and toilet water, essential
oils for personal use cosmetics preparations for the
teeth and for the hair, namely toothepastes,
shampoos, conditioners, hair sprays, hair gels,
soaps for the body, shower gels and bath gels and
bath forms, anti-perspirants and deodorants, shaving
preparations and pot pourri.
25-Oct-2000 15-Oct-2002
00000 Xxxxxxxx X.X.X. Week end 3 75/355145 2315279 REG Non-medicated preparations, perfumes, eau de
Limited Burberry perfume, body lotion, cosmetics, soaps,
of London anti-perspirants, eau de cologne, toilet waters,
(stylised) pre-shave lotion, after-shave lotion, shaving soap,
cologne, bath and shower gels.
11-Sep-1997 08-Feb-2000
2766 Burberry Uruguay BURBERRY 3 327565 327565 REG Class 3: Non-medicated toilet preparations,
Limited TOUCH perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
03-Nov-2000 07-May-2001
3007 Burberry Uruguay Rocking 3 339.645 339.645 REG Class 3: Non-medicated toilet preparations,
Limited Lamb perfumes, cosmetics preparations for the teeth and
Device for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, pot
pourri.
11-Apr-2002 15-Oct-2002
56762 Burberry Uruguay Week end 3 298.661 298.661 REG All goods in the class
Limited Burberrys
OF
LONDON
(stylised)
03-Oct-1997 05-Jun-1998
60686 Burberry Venezuela Week end 3 12680-98 P-226206 REG Perfumes, perfumery products, cologne and eau de
Limited Burberrys toilette, soaps, shower gel, bath gel, bath foam,
OF deodorant, moisturising products for the body,
LONDON toilet talc, anti-ageing eye balm, anti-wrinkle
(stylised) cream, after shave emulsion, pre-shave lotion, razor
burn soother.
07-Jul-1998 25-Feb-2001
2729 Burberry WIPO BURBERRY 3 746063 746063 REG Class 3: Non-medicated toilet preparations,
Limited TOUCH perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
23-Oct-2000 23-Oct-2000
219
VARIED TRADE NAMES - CLASS 3 - PENDING
APP DATE
REGISTERED REG NO/
TMID OWNER COUNTRY TRADEMARK CLASS APP NO REG DATE STATUS GOODS
3300 Burberry Argentina Burberry 3 2472842 PEN Class 3: Non-medicated toilet preparations,
Limited Brit perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
31-Oct-2003
3319 Burberry Argentina Burberry 3 2473431 PEN Class 3: Non-medicated toilet preparations,
Limited Tender perfumes, cosmetics preparations for the teeth and
Touch for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
04-Nov-2003
3288/WP-AU Burberry Australia Burberry 3 814807 PEN Class 3: Non-medicated toilet preparations,
Limited Brit perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
11-Nov-2003
3338 Burberry Austria Burberry 3 AM1150/2004 PEN Class 3: Non-medicated toilet preparations,
Limited Tender perfumes, cosmetics, preparations for the teeth and
Touch for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
19-Feb-2004
220
VARIED TRADE NAMES - CLASS 3 - PENDING
APP DATE
REGISTERED REG NO/
TMID OWNER COUNTRY TRADEMARK CLASS APP NO REG DATE STATUS GOODS
3301 Burberry Brazil Burberry 3 826052746 PEN Class 3: Non-medicated toilet preparations,
Limited Brit perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
07-Nov-2003
3320 Burberry Brazil Burberry 3 826052738 PEN Class 3: Non-medicated toilet preparations,
Limited Tender perfumes, cosmetics preparations for the teeth and
Touch for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
07-Nov-2003
2747 Burberry Brazil BURBERRY 3 823385701 PEN Class 3: Non-medicated toilet preparations,
Limited TOUCH perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
10-Nov-2000
3000 Burberry Brazil Rocking 3 824501624 PEN Class 3: Non-medicated toilet preparations,
Limited Lamb perfumes, cosmetics preparations for the teeth and
Device for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
11-Apr-2002
3033/WP-BG Burberry Bulgaria Rocking 3 779836 PEN Class 3: Non-medicated toilet preparations,
Limited Lamb perfumes, cosmetics preparations for the teeth and
Device for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, pot
pourri.
30-Apr-2002
0000 Xxxxxxxx Xxxxxx Burberry 3 1,199,475 PEN Class 3: Non-medicated toilet preparations,
Limited Brit perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
12-Dec-2003
221
VARIED TRADE NAMES - CLASS 3 - PENDING
APP DATE
REGISTERED REG NO/
TMID OWNER COUNTRY TRADEMARK CLASS APP NO REG DATE STATUS GOODS
0000 Xxxxxxxx Xxxxxx Burberry 3 1,199,474 PEN Class 3: Non-medicated toilet preparations,
Limited Tender perfumes, cosmetics preparations for the teeth and
Touch for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
Class 3: Non-medicated toilet preparations,
perfumes, cosmetics, preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
12-Dec-2003
0000 Xxxxxxxx Xxxxxx Rocking 3 1143564 PEN Class 3: Non-medicated toilet preparations,
Limited Lamb perfumes, cosmetics preparations for the teeth and
Device for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils for
personal use, pot pourri.
12-Jun-2002
3288/W-CN Burberry China Burberry 3 814807 PEN Class 3: Non-medicated toilet preparations,
Limited Brit perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
11-Nov-2003
3354 Burberry China Burberry 3 392026S PEN Class 3: Non-medicated toilet preparations,
Limited Tender perfumes, cosmetics, preparations for the teeth and
Touch for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
20-Feb-2004
00000 Xxxxxxxx Xxxxx Week end 3 9800007011 PEN Perfumes, soaps, anti-perspirants, eau-de-cologne,
Limited BURBERRYS toilet water, deodorants, aftershave lotion, pre-
(stylised) shave lotion, shower and bath gel, non-medicated
toilet preparations.
22-Jan-1998
3002 Burberry Colombia Rocking 3 02.033.931 PEN Class 3: Non-medicated toilet preparations,
Limited Lamb perfumes, cosmetics preparations for the teeth and
Device for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, pot
pourri.
19-Apr-2002
3033/WP-CZ Burberry Czech Rocking 3 779836 PEN Class 3: Non-medicated toilet preparations,
Limited Republic Lamb perfumes, cosmetics preparations for the teeth and
Device for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, pot
pourri.
30-Apr-2002
222
VARIED TRADE NAMES - CLASS 3 - PENDING
APP DATE
REGISTERED REG NO/
TMID OWNER COUNTRY TRADEMARK CLASS APP NO REG DATE STATUS GOODS
60678 Burberry Czech Week end 3 133409 PEN Perfumes, perfumery products, cologne and eau de
Limited Republic Burberrys toilette, soaps, shower gel, bath gel, bath foam,
OF deodorant, moisturising products for the body,
LONDON toilet talc, anti-ageing eye balm, anti-wrinkle
(stylised) cream, after shave emulsion, pre-shave lotion, razor
burn soother.
09-Jun-1998
2995 Burberry Egypt Rocking 3 150735 PEN Class 3: Non-medicated toilet preparations,
Limited Lamb perfumes, cosmetics preparations for the teeth and
Device for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, pot
pourri.
30-Apr-2002
3033/WP-EE Burberry Estonia Rocking 3 779836 PEN Class 3: Non-medicated toilet preparations,
Limited Lamb perfumes, cosmetics preparations for the teeth and
Device for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, pot
pourri.
30-Apr-2002
3268 Burberry European Burberry 3 003322922 PEN Class 3: Non-medicated toilet preparations,
Limited Union Brit perfumes, cosmetics, preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
21-Aug-2003
3340 Burberry Finland Burberry 3 T200400387 PEN Class 3: Non-medicated toilet preparations,bath,
Limited Tender shower and body care preparations, perfumes,
Touch cosmetics, preparations for the teeth and for the
hair, soaps, shampoos, anti-perspirants, eau de
cologne and toilet water, essential oils, shaving
preparations, pot pourri.
17-Feb-2004
3033/WP-GE Burberry Georgia Rocking 3 779836 PEN Class 3: Non-medicated toilet preparations,
Limited Lamb perfumes, cosmetics preparations for the teeth and
Device for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, pot
pourri.
30-Apr-2002
3341 Burberry Germany Burberry 3 304 09 488.9/09 PEN Class 3: Non-medicated toilet preparations,
Limited Tender perfumes, cosmetics, preparations for the teeth and
Touch for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
24-Feb-2004
223
VARIED TRADE NAMES - CLASS 3 - PENDING
APP DATE
REGISTERED REG NO/
TMID OWNER COUNTRY TRADEMARK CLASS APP NO REG DATE STATUS GOODS
3342 Burberry Greece Burberry 3 149449 PEN Class 3: Non-medicated toilet preparations,
Limited Tender perfumes, cosmetics, preparations for the teeth and
Touch for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
19-Feb-2004
3283 Burberry Hong Kong Burberry 3 300068003 PEN Class 3: Non-medicated toilet preparations,
Limited Brit perfumes, cosmetics, preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
25-Aug-2003
3325 Burberry Hong Kong Burberry 3 300107225 PEN Class 3: Non-medicated toilet preparations,
Limited Tender perfumes, cosmetics preparations for the teeth and
Touch for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
06-Nov-2003
3033/WP-HU Burberry Hungary Rocking 3 779836 PEN Class 3: Non-medicated toilet preparations,
Limited Lamb perfumes, cosmetics preparations for the teeth and
Device for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, pot
pourri.
30-Apr-2002
60676 Burberry Hungary Week end 3 M9802418 PEN Perfumes, perfumery products, cologne and eau de
Limited Burberrys toilette, soaps, shower gel, bath gel, bath foam,
OF deodorant, moisturising products for the body,
LONDON toilet talc, anti-ageing eye balm, anti-wrinkle
(stylised ) cream, after shave emulsion, pre-shave lotion, razor
burn soother.
18-Jun-1998
3306 Burberry India Burberry 3 1247382 PEN Class 3: Non-medicated toilet preparations,
Limited Brit perfumes, cosmetics, preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
03-Nov-2003
224
VARIED TRADE NAMES - CLASS 3 - PENDING
APP DATE
REGISTERED REG NO/
TMID OWNER COUNTRY TRADEMARK CLASS APP NO REG DATE STATUS GOODS
3326 Burberry India Burberry 3 1248143 PEN Class 3: Non-medicated toilet preparations,
Limited Tender perfumes, cosmetics, preparations for the teeth and
Touch for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
06-Nov-2003
61920 Burberry India Week end 3 822101 PEN Perfumes, perfumery products, cologne and eau de
Limited Burberrys toilette, soap, shower gel, bath gel, bath foam,
OF LONDON deodorant, moisturising products for the body,
(stylised) toilet talc, anti-ageing eye balm, anti-wrinkle
cream, after-shave emulsion, pre-shave lotion,
razor-burn soother.
07-Oct-1998
3343 Burberry Ireland Burberry 3 PEN Class 3: Non-medicated toilet preparations, bath,
Limited Tender shower and body care preparations, perfumes,
Touch cosmetics, preparations for the teeth and for the
hair, soaps, shampoos, anti-perspirants, eau de
cologne and toilet water, essential oils, shaving
preparations, pot pourri.
17-Feb-2004
3344 Burberry Italy Burberry 3 FI2004C000389 PEN Class 3: Non-medicated toilet preparations,
Limited Tender perfumes, cosmetics, preparations for the teeth and
Touch for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
18-Mar-2004
3284 Burberry Japan Burberry 3 2003-071925 PEN Class 3: Non-medicated toilet preparations,
Limited Brit perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
22-Aug-2003
3288/WP-JP Burberry Japan Burberry 3 814807 PEN Class 3: Non-medicated toilet preparations,
Limited Brit perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
11-Nov-2003
225
VARIED TRADE NAMES - CLASS 3 - PENDING
APP DATE
REGISTERED REG NO/
TMID OWNER COUNTRY TRADEMARK CLASS APP NO REG DATE STATUS GOODS
3285 Burberry Korea Burberry 3 40-2003-0037779 PEN Class 3: Perfumes, shampoos, anti-perspirants, eau
Limited (South) Brit de cologne, common toilet water, esential oils for
personal use, pot pourri (fragrance), bath oils,
bath powder, baby oils, baby powder, bath salts for
non-medical purposes, frangrance for non-medical
purposes, sunscreen lotions, shaving creams, skin
milk, skin fresheners, eye liners, eye make-up
removers, eye shadows, aftershave lotions, body
deodorants, lip gloss, cleansing cream, face powder,
hand cream, perfumed oils, hair gels, hair
conditionors, hair creams, hair tonics, toilet bath
salts, cleansing milk for toilet purposes, liquid
soaps, paper soaps, cream soaps, hair rinses, toilet
soaps and toothpaste.
25-Aug-2003
3328 Burberry Korea Burberry 3 40-2003-50175 PEN Perfumes, shampoos, anti-persipirants, eay de
Limited (South) Tender cologne, common toilet water, essential oils for
Touch persona use, pot pourri (fragrance), bath oils, bath
powder, baby oils, baby powder, bath salts for
non-medical purposes, frangrance for non-medical
purposes, sunscreen lotions, shaving creams, skin
milk, skin fresheners, eye liners, eye make-up
removers, eye shadows, after-shave lotions, body
deodorants, lip gloss, cleansing cream, face powder,
hand cream, perumed oils, hair gels, hair
conditioners, hair creams, hair tonics, toilet bath
salts, cleansing milk for toilet purposes, liquid
soaps, shaving soaps, deodorants soaps, bath soaps,
cosmetic soaps, paper soaps, cream soaps, hair
rinses, toilet soaps and toothpaste.
13-Nov-2003
2754 Burberry Kuwait BURBERRY 3 49326 PEN Class 3: Non-medicated toilet preparations,
Limited TOUCH perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
12-Mar-2001
226
VARIED TRADE NAMES - CLASS 3 - PENDING
APP DATE
REGISTERED REG NO/
TMID OWNER COUNTRY TRADEMARK CLASS APP NO REG DATE STATUS GOODS
3015 Burberry Kuwait Rocking 3 58612 PEN Class 3: Non-medicated toilet preparations,
Limited Lamb perfumes, cosmetics preparations for the teeth and
Device for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, pot
pourri.
05-Mar-2003
3033/WP-LV Burberry Latvia Rocking 3 779836 PEN Class 3: Non-medicated toilet preparations,
Limited Lamb perfumes, cosmetics preparations for the teeth and
Device for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, pot
pourri.
30-Apr-2002
60684 Burberry Lebanon Week end 3 19607 PEN Perfumes, perfumery products, cologne and eau de
Limited Burberrys toilette, soaps, shower gel, bath gel, bath foam,
OF deodorant, moisturising products for the body,
LONDON toilet talc, anti-ageing eye balm, anti-wrinkle
(stylised) cream, after shave emulsion, pre-shave lotion, razor
burn soother.
22-Jun-1998
3033/WP-LT Burberry Lithuania Rocking 3 779836 PEN Class 3: Non-medicated toilet preparations,
Limited Lamb perfumes, cosmetics preparations for the teeth and
Device for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, pot
pourri.
30-Apr-2002
3308 Burberry Malaysia Burberry 3 2003/16079 PEN Class 3: Non-medicated toilet preparations,
Limited Brit perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
28-Nov-2003
3329 Burberry Malaysia Burberry 3 2003/16080 PEN Class 3: Non-medicated toilet preparations,
Limited Tender perfumes, cosmetics preparations for the teeth and
Touch for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
28-Nov-2003
227
VARIED TRADE NAMES - CLASS 3 - PENDING
APP DATE
REGISTERED REG NO/
TMID OWNER COUNTRY TRADEMARK CLASS APP NO REG DATE STATUS GOODS
0000 Xxxxxxxx Xxxxxxxx Rocking 3 2002/07593 PEN Class 3: Non-medicated toilet preparations,
Limited Lamb perfumes, cosmetics preparations for the teeth and
Device for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
29-Jun-2002
3303 Burberry Mexico Burberry 3 635314 PEN Class 3: Non-medicated toilet preparations,
Limited Brit perfumes, cosmetics, preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
18-Dec-2003
3322 Burberry Mexico Burberry 3 635315 PEN Class 3: Non-medicated toilet preparations,
Limited Tender perfumes, cosmetics, preparations for the teeth and
Touch for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
18-Dec-2003
00000 Xxxxxxxx Xxxxxx Week end 3 359657 PEN Perfumes, cologne and eau de toilette, shower and
Limited Burberrys bath gel, bath foam, deodorant, moisturising
OF products for the body, after-shave emulsion,
LONDON pre-shave lotion, razor-burn soother.
(stylised)
08-Jan-1999
3309 Burberry New Burberry 3 703869 PEN Class 3: Non-medicated toilet preparations,
Limited Zealand Brit perfumes, cosmetics, preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
03-Nov-2003
3330 Burberry New Burberry 3 703976 PEN Class 3: Non-medicated toilet preparations,
Limited Zealand Tender perfumes, cosmetics, preparations for the teeth and
Touch for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
05-Nov-2003
3288/WP-NO Burberry Norway Burberry 3 814807 PEN Class 3: Non-medicated toilet preparations,
Limited Brit perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
11-Nov-2003
228
VARIED TRADE NAMES - CLASS 3 - PENDING
APP DATE
REGISTERED REG NO/
TMID OWNER COUNTRY TRADEMARK CLASS APP NO REG DATE STATUS GOODS
3033/WP-NO Burberry Norway Rocking 3 779836 PEN Class 3: Non-medicated toilet preparations,
Limited Lamb perfumes, cosmetics preparations for the teeth and
Device for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, pot
pourri.
30-Apr-2002
3017 Burberry Oman Rocking 3 27838 PEN Class 3: Non-medicated toilet preparations,
Limited Lamb perfumes, cosmetics preparations for the teeth and
Device for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
13-Apr-2002
3323 Burberry Paraguay Burberry 3 29542-2003 PEN Class 3: Non-medicated toilet preparations,
Limited Tender perfumes, cosmetics preparations for the teeth and
Touch for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
13-Nov-2003
3310 Burberry Philippines Burberry 3 4-2003-10140 PEN Class 3: Non-medicated toilet preparations,
Limited Brit perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
05-Nov-2003
3331 Burberry Philippines Burberry 3 4-2003-10203 PEN Class 3: Non-medicated toilet preparations,
Limited Tender perfumes, cosmetics preparations for the teeth and
Touch for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
07-Nov-2003
00000 Xxxxxxxx Xxxxxxxxxxx Week end 3 PEN Non-medicated toilet preparations, perfumes, soaps,
Limited Burberrys shower and bath gels, deodorants, anti-perspirants,
OF LONDON eau-de-cologne and toilet water, pre-shave lotion,
(stylised) after-shave lotion.
28-Apr-1998
229
VARIED TRADE NAMES - CLASS 3 - PENDING
APP DATE
REGISTERED REG NO/
TMID OWNER COUNTRY TRADEMARK CLASS APP NO REG DATE STATUS GOODS
3033/WP-PL Burberry Poland Rocking 3 779836 PEN Class 3: Non-medicated toilet preparations,
Limited Lamb perfumes, cosmetics preparations for the teeth and
Device for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, pot
pourri.
30-Apr-2002
3345 Burberry Portugal Burberry 3 379024 PEN Class 3: Non-medicated toilet preparations,
Limited Tender perfumes, cosmetics, preparations for the teeth and
Touch for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
20-Feb-2004
3018 Burberry Qatar Rocking 3 27416 PEN Class 3: Non-medicated toilet preparations,
Limited Lamb perfumes, cosmetics preparations for the teeth and
Device for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, pot
pourri.
21-Apr-2002
3033/WP-RO Burberry Romania Rocking 3 779836 PEN Class 3: Non-medicated toilet preparations,
Limited Lamb perfumes, cosmetics preparations for the teeth and
Device for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, pot
pourri.
30-Apr-2002
3288/W-RU Burberry Russian Burberry 3 814807 PEN Class 3: Non-medicated toilet preparations,
Limited Federation Brit perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
11-Nov-2003
3349 Burberry Russian Burberry 3 2004703188 PEN Class 3: Non-medicated toilet preparations,
Limited Federation Tender perfumes, cosmetics, preparations for the teeth and
Touch for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
18-Feb-2004
3033/WP-RU Burberry Russian Rocking 3 779836 PEN Class 3: Non-medicated toilet preparations,
Limited Federation Lamb perfumes, cosmetics preparations for the teeth and
Device for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, pot
pourri.
30-Apr-2002
230
VARIED TRADE NAMES - CLASS 3 - PENDING
APP DATE
REGISTERED REG NO/
TMID OWNER COUNTRY TRADEMARK CLASS APP NO REG DATE STATUS GOODS
3315 Burberry San Marino Burberry 3 SM-M200300230 PEN Class 3: Non-medicated toilet preparations,
Limited Brit perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
02-Dec-2003
3317 Burberry San Marino Burberry 3 SM-M-200300229 PEN Class 3: Non-medicated toilet preparations,
Limited Tender perfumes, cosmetics preparations for the teeth and
Touch for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
02-Dec-2003
3313 Burberry Saudi Burberry 3 86060 PEN Class 3: Non-medicated toilet preparations,
Limited Arabia Brit perfumes, cosmetics, preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
02-Nov-2003
3033/WP-YU Burberry Serbia- Rocking 3 779836 PEN Class 3: Non-medicated toilet preparations,
Limited Montenegro Lamb perfumes, cosmetics preparations for the teeth and
Device for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, pot
pourri.
30-Apr-2002
0000/XX-XX Xxxxxxxx Xxxxxxxxx Burberry 3 814807 PEN Class 3: Non-medicated toilet preparations,
Limited Brit perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
11-Nov-2003
0000 Xxxxxxxx Xxxxxxxxx Burberry 3 T/04/02218F PEN Class 3: Non-medicated toilet preparations,bath,
Limited Tender shower and body care preparations, perfumes,
Touch cosmetics, preparations for the teeth (cleaning) and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
17-Feb-2004
0000/XX-XX Xxxxxxxx Xxxxxxxxx Rocking 3 T02/08371D PEN Class 3: Non-medicated toilet preparations,
Limited Lamb perfumes, cosmetics preparations for the teeth and
Device for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, pot
pourri.
30-Apr-2002
231
VARIED TRADE NAMES - CLASS 3 - PENDING
APP DATE
REGISTERED REG NO/
TMID OWNER COUNTRY TRADEMARK CLASS APP NO REG DATE STATUS GOODS
3033/WP-SI Burberry Slovenia Rocking 3 779836 PEN Class 3: Non-medicated toilet preparations,
Limited Lamb perfumes, cosmetics preparations for the teeth and
Device for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, pot
pourri.
30-Apr-2002
3298 Burberry South Burberry 3 2003/19661 PEN Class 3: Non-medicated toilet preparations,
Limited Africa Brit perfumes, cosmetics, preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
07-Nov-2003
3346 Burberry Spain Burberry 3 2.586.510(2) PEN Class 3: Non-medicated toilet preparations,
Limited Tender perfumes, cosmetics, preparations for the teeth and
Touch for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
16-Mar-2004
3288/W-CH Burberry Switzerland Burberry 3 814807 PEN Class 3: Non-medicated toilet preparations,
Limited Brit perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
11-Nov-2003
3033/WP-CH Burberry Switzerland Rocking 3 779836 PEN Class 3: Non-medicated toilet preparations,
Limited Lamb perfumes, cosmetics preparations for the teeth and
Device for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, pot
pourri.
30-Apr-2002
232
VARIED TRADE NAMES - CLASS 3 - PENDING
APP DATE
REGISTERED REG NO/
TMID OWNER COUNTRY TRADEMARK CLASS APP NO REG DATE STATUS GOODS
3332 Burberry Taiwan Burberry 3 92064591 PEN Class 3: Non-medicated toilet preparations,
Limited Tender perfumes, cosmetics preparations for the teeth and
Touch for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
06-Nov-2003
3312 Burberry Thailand Burberry 3 537811 PEN Class 3: Perfumes;, cosmetic preparations for the
Limited Brit teeth; cosmetic preparations for the hair; cosmetic
preparations for the face; cosmetic preparations for
skin care; soaps; shampoos; anti-perspirants, eau de
toilette, eau de cologne, deodorants, essential oils
shaving preparations, pot pourri; perfumed body
lotions and creams; bath and shower gels.
28-Nov-2003
3333 Burberry Thailand Burberry 3 537820 PEN Class 3: Non-medicated toilet preparations,
Limited Tender perfumes, cosmetics preparations for the teeth and
Touch for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
28-Nov-2003
3288/WP-TR Burberry Turkey Burberry 3 814807 PEN Class 3: Non-medicated toilet preparations,
Limited Brit perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
11-Nov-2003
3353 Burberry Turkey Burberry 3 2004/003539 PEN Class 3: Non-medicated toilet preparations,
Limited Tender perfumes, cosmetics, preparations for the teeth and
Touch for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
20-Feb-2004
233
VARIED TRADE NAMES - CLASS 3 - PENDING
APP DATE
REGISTERED REG NO/
TMID OWNER COUNTRY TRADEMARK CLASS APP NO REG DATE STATUS GOODS
3033/WP-TR Burberry Turkey Rocking 3 779836 PEN Class 3: Non-medicated toilet preparations,
Limited Lamb perfumes, cosmetics preparations for the teeth and
Device for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, pot
pourri.
30-Apr-2002
3314 Burberry United Burberry 3 57172 PEN Class 3: Non-medicated toilet preparations,
Limited Arab Brit perfumes, cosmetics preparations for the teeth and
Emirates for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
18-Nov-2003
3334 Burberry United Burberry 3 57171 PEN Class 3: Non-medicated toilet preparations,
Limited Arab Tender perfumes, cosmetics preparations for the teeth and
Emirates Touch for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
18-Nov-2003
3020 Burberry United Rocking 3 47409 PEN Class 3: Non-medicated toilet preparations,
Limited Arab Lamb perfumes, cosmetics preparations for the teeth and
Emirates Device for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, pot
pourri.
30-Apr-2002
3355 Burberry United Burberry 3 2356223 PEN Class 3: Perfumes
Limited Kingdom Tender
Touch
18-Feb-2004
3288/WP-US Burberry U.S.A. Burberry 3 814807 PEN Class 3: Non-medicated toilet preparations,
Limited Brit perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
11-Nov-2003
0000 Xxxxxxxx X.X.X. Rocking 3 76/976388 PEN Class 3: Perfumes, cosmetic preparations for the
Limited Lamb hair, non-medicated soaps and shampoos, eau de
Device cologne and toilet water, essential oils for
personal use.
30-May-2002
3305 Burberry Uruguay Burberry 3 350.995 PEN Class 3: Non-medicated toilet preparations,
Limited Brit perfumes, cosmetics, preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
04-Nov-2003
234
VARIED TRADE NAMES - CLASS 3 - PENDING
APP DATE
REGISTERED REG NO/
TMID OWNER COUNTRY TRADEMARK CLASS APP NO REG DATE STATUS GOODS
3324 Burberry Uruguay Burberry 3 351.036 PEN Class 3: Non-medicated toilet preparations,
Limited Tender perfumes, cosmetics, preparations for the teeth and
Touch for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
06-Nov-2003
2767 Burberry Venezuela BURBERRY 3 2000-018829 PEN Class 3: Non-medicated toilet preparations,
Limited TOUCH perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
16-Oct-2000
3288 Burberry WIPO Burberry 3 814807 PEN Class 3: Non-medicated toilet preparations,
Limited Brit perfumes, cosmetics preparations for the teeth and
for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, shaving
preparations, pot pourri.
11-Nov-2003
3033 Burberry WIPO Rocking 3 779836 PEN Class 3: Non-medicated toilet preparations,
Limited Lamb perfumes, cosmetics preparations for the teeth and
Device for the hair, soaps, shampoos, anti-perspirants, eau
de cologne and toilet water, essential oils, pot
pourri.
30-Apr-2002
235
SCHEDULE 2 : LICENSED PRODUCTS
A. MEN'S LICENSED PRODUCTS
--------------------------------
(1) MEN'S FRAGRANCE LINE
(a) Cologne and Eau de Toilette
(b) Cologne Spray
(2) MEN'S FRAGRANCED BODY LINE
(a) Body Cream
(b) Deodorant
(c) Shaving Foam
(d) Pre-Shave Lotion
(e) After Shave Emulsion
(f) After Shave
(g) Bath and Body Gel
(h) Razor Burn Soother
(i) Shampoo
B. WOMEN'S LICENSED PRODUCTS
----------------------------------
(1) WOMEN'S FRAGRANCE LINE
(a) Perfume
(b) Cologne and Eau de Toilette
(c) Cologne Spray
(2) WOMEN'S FRAGRANCED BODY LINE
(a) Body Moisturizer
(b) Deodorant
(c) Bath and Shower Gel
236
(d) Shampoo
(e) Soap
(f) Bath Foam
(g) Oil Mist Spray
C. MEN'S AND WOMEN'S SKIN CARE PRODUCTS
(a) Face and Body Moisturizing products
(b) Anti-aging products
(c) Sun protection products
D. BABY LICENSED PRODUCTS
(a) Eau de Toilette Natural Spray
(b) Baby Wash
(c) Massage Oil
(d) Body Moisturizer
237
SCHEDULE 3 : THE LVMH AGREEMENT
THIS AGREEMENT is dated [ ] 2004 and made
BETWEEN
INTER PARFUMS, S.A., a company incorporated under the laws of France, having its
principal office at 0, xxxx xxxxx xxx Xxxxxx-Xxxxxxx, 00000 Xxxxx, Xxxxxx
("IPSA"); and
INTER PARFUMS, INC. a company incorporated under the laws of the State of
Delaware, having its principal office at 000 Xxxxx Xxxxxx, Xxx Xxxx, XX
00000-0000, XXX ("IPInc"); and
BURBERRY LIMITED, a company incorporated under the laws of England having its
registered office at 00/00 Xxxxxxxxx Xxxxxx XX0X 0XX ("Burberry"); and
LV CAPITAL, USA, INC. a company incorporated under the laws of the State of
Delaware ("LV Capital") 00 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, XXX; and
XXXXXXXX XXXXXXX of 00 Xxxxxx Xxxxxx 00000 Xxxxx Xxxxxx; and
XXXXXX XXXXXX of [ ]; and
XXXX XXXXXXXX of [ ]; and
XXXXXXXX XXXXX of [ ]; and
XXXX XXXXX of 1 Xxx xx Xxxxxxxx Xxxxxxx 00000 Xxxxx Xxxxxx.
In consideration for the payment by Burberry of the sum of ten (10) euros to
[ ], the parties to this Agreement hereby agree as follows:
1. DEFINITIONS
1.1 In this Agreement the following terms have the following meanings:
"INFORMATION" means any and all information (in any form)
relating to the business or affairs of
Burberry which is:
(A) confidential or secret; or
(B) information whose use or disclosure
might detrimentally affect
Burberry's business, goodwill or
other legitimate interests
which shall include but not be limited to
any and all information concerning:
238
(1) proposed, possible or intended
openings or acquisitions of
Burberry retail outlets (including
departments, concessions, sections
or corners in a retail store);
(2) proposals or intentions for
Burberry to begin supplying any
products to any person, firm or
company;
(3) Burberry's business plans,
intentions or objectives;
(4) proposed, contemplated or actual
changes of Burberry personnel
and/or officers;
(5) product and/or geographic markets
targeted or contemplated by
Burberry;
(6) proposed or intended brand names of
any Burberry product;
(7) product development by or on behalf
of Burberry;
(8) the identity of any proposed or
possible licensee of Burberry;
and/or
(9) the trading performance of Burberry
(other than in relation to Licensed
Products)
but which shall not include:-
(i) Permitted Information; or
(ii) Information which can be
demonstrated by IPSA to have been
publicly available (i.e. in the
public domain) as at the date of
receipt by IPSA or to have become
publicly available (i.e. entered
the public domain) subsequently
other than as a direct or indirect
result of any infringement of the
Licence Agreement or this
Agreement;
"CONTROL" means the power to direct the affairs of
another, whether by contract, the ownership
of shares, or otherwise; and "CONTROLS" and
"CONTROLLED" shall be construed accordingly;
"LICENCE AGREEMENT" means the Licence Agreement dated [ ]
between Burberry, IPSA and IPInc;
"LICENSED PRODUCTS" means the licensed products as defined in
the Licence Agreement;
239
"LVMH" means LVMH Moet Xxxxxxxx Xxxxx Vuitton S.A.,
a French societe anonyme;
"LVMH AFFILIATE" means a corporation, entity or person which
directly or indirectly Controls or is
Controlled by or is under common Control
with LVMH and/or LV Capital;
"LVMH REPRESENTATIVES" means those directors of IPInc from time to
time who are Prohibited Persons or are
nominated or appointed by, or who represent,
LVMH, LV Capital and/or any LVMH Affiliate;
the current LVMH Representative being Xxxxxx
Xxxxxx and Xxxx Xxxxxxxx;
"PERMITTED INFORMATION" means:
(A) any and all financial data relating to IPSA, including but not
limited to all accounts; sales figures; net sales; quarterly
accounts; annual accounts; cost of goods; development costs;
marketing, promotion and advertising expenses of IPSA and
IPSA's projections and forecasts;
(B) details of any allegations, claims or notices by or to
Burberry from time to time (and at any time) of any breach of,
default under, or cure of such breach or default under the
Licence Agreement;
(C) details of any proposed modifications or amendments to the
Licence Agreement from time to time (and at any time); and
(D) such other information as Burberry may from time to time at
its absolute discretion agree in writing; and
"PROHIBITED PERSON" means each of:
(A) LV Capital;
(B) LVMH;
(C) any LVMH Affiliate;
(D) any person, firm or company who is at the relevant time
employed by or a representative, advisor, agent, consultant or
officer of LV Capital, LVMH and/or any LVMH Affiliate; and
(E) the LVMH Representatives.
2. INFORMATION
2.1 Without prejudice to clause 26 of the Licence Agreement, each of IPInc,
IPSA, Xxxxxxxx Xxxxxxx, Xxxx Xxxxx and Xxxxxxxx Xxxxx shall:
240
(A) not directly or indirectly disclose (and shall ensure that no
person, firm or company will directly or indirectly disclose)
any Information to any Prohibited Person at any time;
(B) not use (and will not permit, authorise or enable any person,
firm or company to use) any Information for any purpose other
than the proper performance of the Licence Agreement by IPSA;
and
(C) ensure that:
(1) all the directors of IPSA;
(2) all the directors of IPInc; and
(3) everyone working at or for IPSA or IPInc in relation
to the Licensed Products and/or Burberry from time to
time
is aware of the obligations contained in this Paragraph 2.1
and shall comply with them at all times as if they were each
individually a party to this Agreement,
provided that Information may be disclosed to any Prohibited
Person if and to the extent required by any applicable legal
or regulatory requirement, but only if IPSA or IPInc first
notifies Burberry promptly of the nature and extent of (and
reason for) the required disclosure and gives Burberry
reasonable opportunity to object and/or to obtain an
appropriate order or confidentiality agreement.
2.2 No LVMH Representative nor any other Prohibited Person shall, and each
of IPInc, IPSA, Xxxxxxxx Xxxxxxx, Xxxx Xxxxx and Xxxxxxxx Xxxxx shall
procure that no Prohibited Person shall:
(A) attend any meetings with Burberry (nor any of Burberry's
employees, officers and/or agents) relating directly or
indirectly to the Licence Agreement or any of the Licensed
Products; nor
(B) attend any meetings or participate in discussions if and to
the extent that they relate to the operation of the Licence
Agreement,
without Burberry's prior written consent; but either or both of the
LVMH Representatives may attend any meeting and/or participate in any
discussion to the extent that Permitted Information is discussed or
disclosed, provided that no other issues concerning the operation of
the Licence Agreement shall be discussed at that meeting in the
presence (whether physical, audible or electronic) or with the
participation of either or both of the LVMH Representatives.
2.3 IPSA, IPInc, Xxxxxxxx Xxxxxxx and Xxxx Xxxxx will ensure that:
(A) all issues concerning the proper day to day performance of the
Licence Agreement by IPSA (including design, product
development, marketing, promotion, advertising etc) will be
dealt with by IPSA alone and (save for the disclosure and
discussion of Permitted Information) without reference to
IPInc;
241
(B) all issues relating to Burberry and/or the Licence Agreement
which (subject to Paragraphs 2.1 and 2.3(A) above) are
reported back or referred to IPInc by IPSA (except for
Permitted Information) shall be handled exclusively by a
committee of IPInc executives, which shall not include either
of the LVMH Representatives or any other Prohibited Person;
and
(C) no member of that committee shall report or disclose (or
permit the disclosure of) any Information to any Prohibited
Person.
2.4 Without prejudice to Paragraphs 2.1 to 2.3 above, if (despite those
Paragraphs) any Information is disclosed to or obtained by either of
the LVMH Representatives, neither of the LVMH Representatives shall
disclose that information to any other Prohibited Person (including but
not limited to the other LVMH Representatives), nor use it (nor permit
it to be used) for any purpose other than the proper performance by
IPInc and/or IPSA of its obligations under the Licence Agreement or any
other purpose which is essential in order to perform the fiduciary
duties of the LVMH Representatives as directors of IPInc.
2.5 Each of IPInc, IPSA, Xxxxxxxx Xxxxxxx and each of the LVMH
Representatives shall execute and deliver to Burberry within 30 days
after the end of each calendar year a certificate of compliance
substantially in the form set out in the schedule to this Agreement and
it shall be a material breach of this Agreement if:
(A) any of them has not issued such a certificate within that time
period and fails to do so within 30 days after Burberry has
notified IPInc and IPSA in writing of that failure; and/or
(B) any such certificate is false or misleading in any material
respect.
3. BOARD REPRESENTATION ON IPSA
3.1 IPInc, Xxxxxxxx Xxxxxxx and Xxxx Xxxxx shall ensure that:
(A) no Prohibited Person shall appoint or nominate or seek to
appoint or nominate (directly or indirectly) any director or
officer of IPSA; and
(B) no Prohibited Person, nor any employee, officer, agent or
representative of any Prohibited Person, will become a
director or officer of IPSA, unless they do so as part of a
bona fide acquisition by IPSA of the business of an LVMH
Affiliate and on completion of that acquisition the relevant
person ceases to be an employee, officer, agent or
representative of the LVMH Affiliate and becomes a full time
officer or employee of IPSA.
PROVIDED THAT this Paragraph 3.1 shall not limit the performance by the
LVMH Representatives of their fiduciary duties as directors of IPInc.
3.2 LV Capital shall not appoint or seek to appoint or nominate (directly
or indirectly) any director or officer of IPSA; and
3.3 No LVMH Representative shall be appointed or serve as a director or
officer of IPSA.
242
4. NOTICE
4.1 Any notice to be given under this Agreement shall be in writing and
shall be deemed sufficiently given to the party to be served if it is:
(A) delivered by hand; or
(B) sent by courier provided the service used is such that sender
receives a receipt indicating successful delivery,
to the following addresses:
Burberry: Xx. Xxxxxx Xxxxx, 00 Xx. Xxxxxx Street,
London SW1Y 4SQ, United Kingdom
IPSA: 0, xxxx xxxxx xxx Xxxxxx Xxxxxxx, 00000
Xxxxx, Xxxxxx
IPInc: 000 Xxxxx Xxxxxx, Xxx Xxxx, XX 00000 XXX.
Xxxxxxxx Xxxxxxx/and or Xxxxxxxx Xxxxx: c/o IPSA at the
address given above
Xxxx Xxxxx/and or LVMH Representative: c/o IPInc at the
address given above
or to such other address(es) as may be notified from time to
time in accordance with this Agreement.
5. GENERAL PROVISIONS
5.1 The rights and remedies contained in this Agreement are cumulative and
not exclusive of any other rights or remedies, whether provided by law,
equity or otherwise.
5.2 This Agreement constitutes the entire agreement between the parties
with respect to its subject matter and (other than the Licence
Agreement) supersedes all prior agreements and understandings (both
oral and written) between the parties with respect to the subject
matter of this Agreement.
5.3 Nothing in this Agreement shall constitute or be deemed to constitute a
partnership between the parties or to make one party the agent of
another for any purposes.
5.4 Each party represents and warrants to the other parties that it has the
full right, power and authority to enter into this Agreement and to
perform all of its obligations under it.
5.5 No amendments to or modifications of any of the provisions of this
Agreement shall be effective unless they are in writing and signed by
the parties (if they are individuals or their duly authorised
representatives (if they are companies).
5.6 No forbearance, indulgence or relaxation shown or granted by Burberry
to any other party in enforcing any of the terms of this Agreement
shall in any way affect, diminish, restrict, operate as or be deemed to
be a waiver of any breach of any of those terms by any other party. No
single or partial excuse of any right or remedy under this Agreement
shall prevent any further exercise of the right to remedy or the
exercise of any other right or remedy.
243
5.7 Each party shall bear its own costs in relation to the negotiation and
preparation of this Agreement.
5.8 This Agreement shall be subject to and construed in accordance with
English law. The English Courts shall (subject as mentioned below) have
exclusive jurisdiction to determine any disputes which may arise out
of, under, or in connection with this Agreement, provided that nothing
contained in this Agreement shall prevent Burberry from obtaining any
injunctive or other similar relief which may be available to it in the
Courts of any other jurisdiction or state in any particular case and
the other parties each submit to the jurisdiction of any such court. It
is acknowledged that damages would not be an adequate remedy for a
breach of this Agreement.
5.9 This Agreement may be executed in any number of counterparts, each of
which when executed shall be an original, but all the counterparts
shall constitute one and the same instrument.
IN WITNESS WHEREOF THE DULY AUTHORISED REPRESENTATIVES OF THE PARTIES HAVE
EXECUTED THIS AGREEMENT ON THE DAY FIRST BEFORE WRITTEN.
244
SIGNED for and on behalf of
BURBERRY LIMITED by:
Signature:
Name:
Title:
SIGNED for and on behalf of
INTER PARFUMS, S.A. by:
Signature:
Name:
Title:
SIGNED for and on behalf of
INTER PARFUMS, INC. by:
Signature:
Name:
Title:
SIGNED for and on behalf of
LV CAPITAL, USA, INC by:
Signature:
Name:
Title:
SIGNED by XXXX XXXXX
Signature:
SIGNED by XXXXXXXX XXXXXXX
Signature:
SIGNED by XXXXXXXX XXXXX
Signature:
SIGNED by XXXXXX XXXXXX
Signature:
SIGNED by XXXX XXXXXXXX
Signature:
245
SCHEDULE
CERTIFICATE OF COMPLIANCE
To: Burberry Limited
00-00 Xxx Xxxxxxxxx
Xxxxxx XX0X 0XX
FAO: General Counsel
Dated [o] 20[o]
CERTIFICATE OF COMPLIANCE
1. I/We refer to the Confidentiality Agreement dated [o] 2004 between
Burberry Ltd, Inter Parfums, S.A., Inter Parfums, Inc., Xxxxxxxx
Xxxxxxx, Xxxx Xxxxx, Xxxxxxxx Xxxxx, Xxxxxx Xxxxxx, Xxxx Xxxxxxxx and
LV Capital, USA, Inc (the "CONFIDENTIALITY AGREEMENT").
2. I/We hereby certify and confirm to Burberry Limited that all the
provisions of Paragraph 3 of the Confidentiality Agreement were
complied with in full during the year.
3. I/We are fully aware of the consequences if this certificate is false
or misleading in any material respect.
[FOR INDIVIDUALS] [FOR INTER PARFUMS S.A./INC.]
Signed by: Signed by:
Name:................................. Name:................................
Title:...............................
Signature:.............................. Signature:...........................
Duly authorised for and on behalf of
INTER PARFUMS SA/INC
in the presence of:
Name of witness:........................................
.........................................................
Address of witness......................................
.........................................................
Occupation of witness...................................
Signature of witness....................................
246
SCHEDULE 4 : COMPETING BRANDS
[--------------------------------------------](28)
------------------------
28 Confidential information omitted and filed separately with the SEC with
a request for confidential treatment by Inter Parfums, Inc. No.
10.111:28.
247
SCHEDULE 5 : PRESIDENT OF BURBERRY FRAGRANCES
o Heads Burberry Fragrances division of the Licensee
o Responsible for the operational direction of the Burberry Fragrances
business within the Licensee
o Responsible for making proposals for the strategic direction of the
Burberry Fragrances business within the Licensee
o Directs product development, marketing (including public relations,
Advertising and Promotion) and sales and distribution, subject to the
Business Plans and Marketing Plans provided for under this Agreement
and the Advertising and Promotion expenditure described in clause 15 of
this Agreement
o Supervises production, logistics and operations
o Responsible for recruitment, designation and management of Burberry
Fragrances personnel.
248
SCHEDULE 6 : MINIMUM LICENCE FEE
PART A
--------------------------------------------------------------------------------
LICENSED YEAR MINIMUM LICENCE FEE
--------------------------------------------------------------------------------
2005 [----------](29)
--------------------------------------------------------------------------------
2006 [----------](29)
--------------------------------------------------------------------------------
2007 [----------](29)
--------------------------------------------------------------------------------
2008 [----------](29)
--------------------------------------------------------------------------------
2009 [----------](29)
--------------------------------------------------------------------------------
2010 [----------](29)
--------------------------------------------------------------------------------
2011 [----------](29)
--------------------------------------------------------------------------------
2012 [----------](29)
--------------------------------------------------------------------------------
2013 [----------](29)
--------------------------------------------------------------------------------
2014 [----------](29)
--------------------------------------------------------------------------------
2015 [----------](29)
--------------------------------------------------------------------------------
2016 [----------](29)
----------------------------------------------------- --------------------------
PART B
----------------------------------------
MARKETING
THRESHOLD
SALES
((EURO) MILLION)
----------------------------------------
2004
----------------------------------------
2005 [-----](30)
----------------------------------------
2006 [-----](30)
----------------------------------------
2007 [-----](30)
----------------------------------------
2008 [-----](30)
----------------------------------------
2009 [-----](30)
----------------------------------------
2010 [-----](30)
----------------------------------------
2011 [-----](30)
----------------------------------------
2012 [-----](30)
----------------------------------------
2013 [-----](30)
----------------------------------------
2014 [-----](30)
----------------------------------------
2015 [-----](30)
----------------------------------------
2016 [-----](30)
----------------------------------------
-----------------------
(29) CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SEC WITH
A REQUEST FOR CONFIDENTIAL TREATMENT BY INTER PARFUMS, INC. NO.
10.111:29.
(28) Confidential information omitted and filed separately with the SEC with
a request for confidential treatment by Inter Parfums, Inc. No.
10.111:30.
249
SCHEDULE 7 : THE DISTRIBUTORS
SCHEDULE 8
------------------------------------------------------------------------------------------------------------------------------------
COUNTRY COMPANY CONTACT TEL FAX ADRESSE
------------------------------------------------------------------------------------------------------------------------------------
ARGENTINA XXXXX SA XXXXXX XXXXXX 54 11 45 22 50 00 54 11 45 21 11 41 XXXXXXX XXXXXX 2423 1431 BUENOS
AIRES - ARGENTINA
------------------------------------------------------------------------------------------------------------------------------------
ARMENIA NUSHIKIAN XXXXXX XXXXXXX 37 41 56 00 54 37 41 56 42 92 11-1 Sayat Nova Ave, Yerevan
ASSOCIATION ARMENIA
------------------------------------------------------------------------------------------------------------------------------------
AUSTRALIE COSMAX XXXXX XXXXX 61 29 695 56 78 61 29 695 56 88 00/0 Xxxxxxxxx Xxxx,
Xxxxxxxxxxx, XXX0000 Xxxxxx
------------------------------------------------------------------------------------------------------------------------------------
AUSTRIA FASHION XXXX XXXXXX 43 316 295 536 23 43 316 295 643 55 XXXXXXXXXXXX 00x X-0000 XXXX
COSMETIC AUSTRIA
------------------------------------------------------------------------------------------------------------------------------------
AZERBADJIAN TAKI MR SAMIR 98,218,031,819 153,013,889 N(degree) 6 Xxxxx Xxxx Ave , Baku
DISTRIBUTION AZERBAIJAN
------------------------------------------------------------------------------------------------------------------------------------
BAHREIN XXXXXX XXXXX XXXXX X. XXXXXXX 973,230,088 973,240,011 po box 891, Manama BARHAIN
AL HAWAJ
------------------------------------------------------------------------------------------------------------------------------------
BANGLADESH BANGLA PERFUME XX XXXX 88,029,886,999 88,029,885,101 house 0x, xxxx 00, Xxxxxxx, Xxxxx
------------------------------------------------------------------------------------------------------------------------------------
XXXXXXX XXXXXXX XX XXXXXXX 32,2,285,0080 32,2,230,2978 xxx xx xxxxxx 00 X 0000
XXXXXXXXX Xxxxxxxx
------------------------------------------------------------------------------------------------------------------------------------
BOLIVIE FRAGANCE CORP. Emma VERCELLESI 000.000.00.00 000.000.00.00 XXXXXX XX XXXXXXXX 000 XXXXX
XXXX XXXXXXX
------------------------------------------------------------------------------------------------------------------------------------
BOSNIE XXXXXX XXXXXX NEDZIBOVIC 387 336 36 285 387 336 36 287 luzansko polje 7 - 7100 sarajevo
BOSNIA
------------------------------------------------------------------------------------------------------------------------------------
BRESIL MEXTRA XXXXXX XXXXX 55 11 251 5977 55 11 28 79 168 XX. XXXXXXXX 0000 cj 65/66 CEP
00000-000 XXX XXXXX XXXXXX
------------------------------------------------------------------------------------------------------------------------------------
CANADA PUIG NORTH XXXX XXXXXX 14 16 620 39 79 14 16 695 28 81 0000 Xxxxxxxx Xxxxxx Xxxx, Xxxxx
XXXXXXX 000, Xxxxxxxxx, Xxxxxxx X0X0X0
------------------------------------------------------------------------------------------------------------------------------------
CHILI XXXXX CHILE XXXXXX XXXXXX 54 11 45 22 50 00 54 11 45 21 11 41 XXXXXXX XXXXXX 2423 1431 BUENOS
AIRES - ARGENTINA
------------------------------------------------------------------------------------------------------------------------------------
CROATIA ORVAS PLUS SILVA PLESTINA 38,513,460,910 3,851,346,930 koturaska 00 - 00 000 xxxxxx
XXXXXXX
------------------------------------------------------------------------------------------------------------------------------------
CYPRUS XXXXXX XXXXXXX X. XXXXXXX 357,722,897,359 35722897455 Xxxxxxx Xxxxxxxx, 00 Xxxxxxxxx
Xxx, Ay Dometios, Po Box 21085,
Nicosie CYPRIUS
------------------------------------------------------------------------------------------------------------------------------------
DENMARK CARETTE X. XXXXXXX 45 33 12 03 15 45 33 12 70 15 Bredgade 63,1, DK1260 Copenhague
COSMETICS DENMARK
------------------------------------------------------------------------------------------------------------------------------------
ECUADOR LAS XXXXX XXXX 593 7 835 853 593 7 842 000 XXXXXXXX XX XXXXXX XXXX. PINAR
FRAGRANCIAS DEL LAGO XXXX XXXXX X.X. XXX
00.00.0000 XXXXXX / XXXXXXX
------------------------------------------------------------------------------------------------------------------------------------
EGYPT XX XXXXXX SAID XX XXXXXX 202 348 68 64 202 335 54 50 00 XXXXXXX XX XXXX X(xxxxxx) 8 DOKKI
MARKETING GIZA EGYPT
------------------------------------------------------------------------------------------------------------------------------------
EMIRATS ARABES GHADEER XXXX XXXXX 971 4 825 000 971 4 825 053 po xxx 0000, Xxxxx
UNIS TRADING
------------------------------------------------------------------------------------------------------------------------------------
250
------------------------------------------------------------------------------------------------------------------------------------
COUNTRY COMPANY CONTACT TEL FAX ADRESSE
------------------------------------------------------------------------------------------------------------------------------------
ESTONIA XXXX XXXX ESTI XXXX XXXXXXXX 3,726,563,786 3,726,563,729 ehitajate tee 000/x - XX 00000 -
xxxxxx
------------------------------------------------------------------------------------------------------------------------------------
XXXXXXX OY XXXX XXXX X. XXXXXXX 35 89 50 64 10 20 35 89 55 05 44 PB13, FIN00381 Helsinki FINLAND
------------------------------------------------------------------------------------------------------------------------------------
GERMANY NOBILIS XXXXXX XXXXXXXXXX 49,611,928,560 496,119,285,678 XXXXXXXXX XXXXXXX 00 X-00000
XXXXXXXXX XXXXXXX
------------------------------------------------------------------------------------------------------------------------------------
GREECE AROMCA X. XXXXXXXXXXXX 30 12 83 50 01 30 12 83 45 65 0 Xxxxxxxxxxxx Xxx,
Xxxxxxxxxxx,00000 Xxxxxxx - XXXXXX
------------------------------------------------------------------------------------------------------------------------------------
HONG KONG/CHINE ETERNAL XXXXXX XXX 852 2 796 26 68 852 2 796 20 83 Unit 2203-8, 22/F, Enterprise
OPTICAL Square Two, N(degree) 0 Xxxxxx Xxxx
Xxxx, XXX, XXXX XXXX
------------------------------------------------------------------------------------------------------------------------------------
HONGRIE MARTIMEX XX XXXXXX 36 23 44 43 47 36 23 44 43 47 xxxxx gyorghy koz2 - 2040
HUNGARY budaors
------------------------------------------------------------------------------------------------------------------------------------
INDIA BACCAROSE XXXXXXX XXXXXXX 912,222,873,732 912,222,852,780 00 Xxxxx Xxxxxxx XX, Xxxxxx XXXXX
------------------------------------------------------------------------------------------------------------------------------------
INDONESIE PT XXXXXXX MR SATIADHI 62 22 14 585 7535 62 21 45 857 534 JL. Boulevard Xxxxx Xxxxxx,
Komplex Rukan Xxxxx Xxxxxx,
Niaga Block 1 n(degree)1, Sentra Bisnis
Kelapa Gading, Kelapa Gading
Permai, North Jakarta, 14240,
------------------------------------------------------------------------------------------------------------------------------------
IRAN FARKISH XX XXXXXXXX 98,212,062,725 98,212,072,126 44 Dashte Behest ave, Teheran
------------------------------------------------------------------------------------------------------------------------------------
IRELAND INTERNATIONAL XXXXX XXXXXX 00 3531 2810 278 00 3531 281 0273 XXXXX XXXX KLIPEDDER CO WICKLOW
COSMETIC IRELAND
------------------------------------------------------------------------------------------------------------------------------------
ISLAND FORVAL HARALDUR 354 5 114 777 3,545,114,774 austrurtrond 6 - 127 reykjavik
JOHANNSSON
------------------------------------------------------------------------------------------------------------------------------------
ISRAEL SCHESTOWITZ XXXXXXX 00 972 39200 300 00 972 4857 26 37 Industrial Area pob 33083
XXXXXXXXXXX XXXXX 00000
------------------------------------------------------------------------------------------------------------------------------------
XXXXX PA.CO.DIS JC. MICHELOT 39 02 95 83 82 34 39 02 95 30 91 01 Cascina Corte Francesca,
Xxxxxxxxx xx Xxxxxxxxxxx, 00000
Xxxxx XXXXX
------------------------------------------------------------------------------------------------------------------------------------
JAPON BLUEBELL XXXX DOUILHET 813 54 13 10 60 813 54 13 10 56 Shin-Nogizaka Building, 4th
floor, 1-15-14, Xxxxxx Xxxxxx,
Minato-ku, TOKYO 107-0062, JAPON
------------------------------------------------------------------------------------------------------------------------------------
JORDANIE XXXXXXX XXXXXX XXX XXXXXX 962 6 592 9920 962 6 592 3219 po box 6525, 11118 Amman
TRADING
------------------------------------------------------------------------------------------------------------------------------------
KOREA I.P.C. TONG XX XXX 822 423 32 03 822 423 34 21 Sewon Building, 3rd floor, 151-5
SANG Samsung Dong, Xxxxxxx xx,
XXXXX 000-000, XXXXX
------------------------------------------------------------------------------------------------------------------------------------
KOWEIT WAHRAN TRADING NAIM XXX XXXXXX 9,655,755,212 9,655,744,170 xx xxx 0000, Xxxxx 00000
------------------------------------------------------------------------------------------------------------------------------------
LATVIA XXXXXXXXX XXXXXX VASILEVSKA 3,717,080,425 3,717,080,427 00 Xxxxxxxxx Xxxxxx - xx-0000-
/XXXXXXXX/XXXXXXXXXXX XXXX - XXXXXX
------------------------------------------------------------------------------------------------------------------------------------
LEBANON CH. XXXXXX & XXXXX XXXXX 961 1 888 306 961 1 601 559 po box 90201, Jdeidet El Metn
CO
------------------------------------------------------------------------------------------------------------------------------------
251
------------------------------------------------------------------------------------------------------------------------------------
COUNTRY COMPANY CONTACT TEL FAX ADRESSE
------------------------------------------------------------------------------------------------------------------------------------
LITUANIA FRAGRANCE XX XXXXXXX 370 2 610 045 370 2 227 780 vilnius duty free - b
INTERNATIONAL radvilaites xxx. 0 /xxxxxx
xxx.0 - 0000 Xxxxxxx XXXXXXXX
------------------------------------------------------------------------------------------------------------------------------------
MACEDONIA ELIKSIR XXXXX XXXXXXXX TRENESKI 38,923,086,074 38,923,086,071 xx. Xxxxx 000x - 0000 xxxxxx
XXXXX XXXXXXXXX
------------------------------------------------------------------------------------------------------------------------------------
MALAYSIA BEAUTE CONCEPT XXXXX XXX MAY 603 216 288 99 603 263 18 99 A-11.1, Block A, Megan Phileo
Ave, 00 Xxxxx Xxx Xxxx Xxxx,
00000 Xxxxx Xxxxxx, West MALAYSIA
------------------------------------------------------------------------------------------------------------------------------------
MAROC CINQUIEME SENS HIND ROZZ 212 22 24 62 26 212 22 24 62 40 158 BLD XXXXXXXX XXX YACINE
BELVEDERE CASABLANCA
------------------------------------------------------------------------------------------------------------------------------------
MEXICO CLARINS DE XXXX-XXXXX XX XXX 52 55 5281 39 90 52 55 52 81 41 63 MUSSET 35 COL. REFORMA XXXXXXX
XXXXXX 00000 XXXXXX DF
------------------------------------------------------------------------------------------------------------------------------------
NETHERLANDS ELHA COSMETIC XXX XXXXX 31,172,507,442 31,172,500,255 ELHA COSMETICS BV DFS
XXXXXXXXXXXXX 000 0000XX
XXXXXXXXXX XXXXXXXXXXX
------------------------------------------------------------------------------------------------------------------------------------
NEW CALEDONIA IMPORLUX XXXXXXX XXXXXXXX 689 43 58 20 689 43 58 20 14 route despointes xx xxx 0000
00000 XXXXXX - XXX XXXXXXXXX
------------------------------------------------------------------------------------------------------------------------------------
NEW ZEALAND XXXX IMPORTS Xx Xxxxxx XXXX 6,493,098,009 6,493,098,017 Xx Xxx 0000, Xxx xxxxxx,
Xxxxxxxx XXX XXXXXXX
------------------------------------------------------------------------------------------------------------------------------------
NORVEGE XXXXX X. XXXXXXXXXX 47 67 10 81 40 47 67 10 81 50 Xxxxxxxxxx 00X, 0000 Xxxxxxx
XXXXXX
------------------------------------------------------------------------------------------------------------------------------------
OMAN CAPITAL STORE XXXXXX XXXXX 968,796,200 968,797,277 po box 335, Ruwi
SULTAN
------------------------------------------------------------------------------------------------------------------------------------
PAKISTAN BEAUTE XXXXX XXXXX 92,214,919,001 92,214,933,578 000 X, XXX Xxxxxxxxx 0X, Xxxxxxx
XXXXXXXX
------------------------------------------------------------------------------------------------------------------------------------
PANAMA / COLOMBIE WAKED Xxxxx XXXXX 507.441.4444 507.441.6598 XXXXX 00 XXXXXX XXXXXXXXX XXXX
XXXXX XX COLON -PANAMA
------------------------------------------------------------------------------------------------------------------------------------
PARAGUAY JGA XXXXXXX XXXXXXXXXX 000.00.00.000 000.00.000.000 CAPITAN CAPINELLI N(degree) 3620
ESQUINA ABENTE XXXXX XXXXXXXX -
PARAGUAY
------------------------------------------------------------------------------------------------------------------------------------
PERU XXXXX PERU XXXXXX XXXXXX 54 11 45 22 50 00 54 11 45 21 11 41 XXXXXXX XXXXXX 2423 1431 BUENOS
AIRES - ARGENTINA
------------------------------------------------------------------------------------------------------------------------------------
PHILIPPINES BEAUTEONE X. XXXXXXXXXXX 63 27 57 28 32 63 27 28 30 23 00/X Xxxxxxxx Xxxxx, XXXX plaza,
S'PORE 6819 Xxxxx Corner Sen. Xxx Xxxxx
Ave, Makati City.
------------------------------------------------------------------------------------------------------------------------------------
POLOGNE SELECTIVE XXXXXX XXXXXXXX 48,225,980,770 48,225,980,784 xx. Xxxxx xxxxxxxxxxxx 0000x 0x
XXXXXX - 00000 xxxxxxxx
------------------------------------------------------------------------------------------------------------------------------------
PORTUGAL LUSO XX XXXXXXXX 351 1 322 31 50 351 1 322 31 60 xxx xx xxxxxxx 00/0x - 0000
XXXXXXXXX XXX Xxxxxx Xxxxxxxx
------------------------------------------------------------------------------------------------------------------------------------
QATAR BLUE SALON ASHRAF XXX XXXX 974,441,424 974,446,456 xx xxx 0000, Xxxx XXXXX
------------------------------------------------------------------------------------------------------------------------------------
REP. TCHEQUE APRO DELTA HELENA EGNEROVA 420,541,225,270 420,541,225,270 spotovni letiste medlanky - xx
xxxxxxxxxx - 000 00 xxxx XXXXX
XXXXXXXX
------------------------------------------------------------------------------------------------------------------------------------
252
------------------------------------------------------------------------------------------------------------------------------------
COUNTRY COMPANY CONTACT TEL FAX ADRESSE
------------------------------------------------------------------------------------------------------------------------------------
RUMANIA PRESTIGE XXXXXXXX XXXXX 40 21 20 17 130 40 21 20 17 772 rue domnita ruxandra 00 - 0x
XXXXXX xxxxx - xxxxxx 0 - 0000 bucarest
RUMANIA
------------------------------------------------------------------------------------------------------------------------------------
RUSSIE COFIDEC XXXX XXXXXXXX 70 95 73 031 70 70 95 73 031 17 3-1bat, Xxxxxxx Xx. 000000 Xxxxxx
------------------------------------------------------------------------------------------------------------------------------------
SAUDI ARABIA NATIONAL XXXXXX XX XXXXX 96,626,518,580 96,626,516,636 xx xxx 000, XXXXXX 00000
MARKETING CO
------------------------------------------------------------------------------------------------------------------------------------
SERBIE XXXXX & RAY JELENA JANILIC 3 81 11 3691 543 3 81 11 3690 750 Xxxxx Xxxxxxxx 00X - 00 000
Xxxxxxxx
------------------------------------------------------------------------------------------------------------------------------------
SINGAPOUR BEAUTE'ONE Xxxxxxx XXXXX 65 64 88 88 61 65 62 86 11 84 00 Xxx Xxxx Xxxxx, Xxxxxxx
Xxxxxxxx, #00-00/00 Xxxxxxxxx
000000,
------------------------------------------------------------------------------------------------------------------------------------
SLOVENIA G-TRADE XX XXXXXX 386 63 40 640 386 63 484 960 XXXXXXXXXX XXXXX 000 - 0000
XXXXX XXXXXXXX
------------------------------------------------------------------------------------------------------------------------------------
SPAIN COLOMER XXXXXXXX XXXXXXXXX 34 91 309 0277 34 91 309 2371 XXXXX XXXX 000 - 00000 XXXXXX
XXXXX
------------------------------------------------------------------------------------------------------------------------------------
SRI LANKA PEE BEE GP XX XXXXXXX 941,552,871 9,411,255,871 00 Xxxxxx xxx. Xxxxxxx 0
------------------------------------------------------------------------------------------------------------------------------------
SWEDEN XXXXXXXXX XX XXXXXXXXX 46 31 45 14 10 46 31 45 14 62 Sisjo Kullegata 8, 421 31 Vastra
Frolunda SWEDEN
------------------------------------------------------------------------------------------------------------------------------------
SWITZERLAND XXXXXXXX X. BERGERAT 41 22 827 5620 41 22 827 5629 00 xxx xx Xxxxx XXXXXX 00 XXXXXX
XXXXXXXX
------------------------------------------------------------------------------------------------------------------------------------
XXXXXX BEAUTE'ONE XXXXXX JEN 88,622,528,528 886,225,285,926 X00X-00,x(xxxxxx)000,Xxx Xxxx X, Xx.,
Xxx 0, Xxxxxx
------------------------------------------------------------------------------------------------------------------------------------
THAILAND NOBLE XXXXXX XXXXXX 66 27 21 23 61 68 66 27 21 23 60 24 Soi Onnuch 62, Onnuch
VITHYAVIRANONT Xxxxxxxxxx Xxxx,
00000 Xxxx Xxxxx Xxxxxxx.
------------------------------------------------------------------------------------------------------------------------------------
TUNISIA COSMETICA XX XXXXXX 216 3 465 021 216 3 465 000 Xxxxx xx Xxxxxx XX0 00000
XXXXXXXXXX
------------------------------------------------------------------------------------------------------------------------------------
TURKEY TE HA GUZELLIK Xxxxx XXXXX 90 212 347 32 00 90 212 347 13 57 Dikilitas Mahallesi, Hamidiye
Sokak n(degree)1, Blamumcu,
Istanbul 00000 XXXXXX
------------------------------------------------------------------------------------------------------------------------------------
U.K. FRAGRANCE Xxxxxxx XXXXXXX 44,207,284,1456 44,207,267,8815 SPRING HOUSE 00X XXXXXX XXXXX
XXXXXXX XX0 0XX XXXXXX
------------------------------------------------------------------------------------------------------------------------------------
UKRANIA BROCARD XXXX XXXXXX 49 30 880 110 49 30 880 112 99 Xxxxxxxx Xxx. 00, X00000
XXXXXXX
------------------------------------------------------------------------------------------------------------------------------------
URUGUAY URU-XXXXX XXXXXX XXXXXX 54 11 45 22 50 00 54 11 45 21 11 41 XXXXXXX XXXXXX 0000 0000 XXXXXX
XXXXX - XXXXXXXXX
------------------------------------------------------------------------------------------------------------------------------------
USA LOCAL COSMOPOLITAN XXX XXXXXX 2,129,806,400 2,129,806,464 000 0xx Xxx, Xxx Xxxx, XX 00000
XXX
------------------------------------------------------------------------------------------------------------------------------------
UZBEKISTAN BREFAC LTD XXXX COKINI 998,711,143,866 998,711,143,865 00/0, xxx Xxxxx Xxxxxxxxxx,
Xxxxxxxx
------------------------------------------------------------------------------------------------------------------------------------
XXXXXXX PHUONG PHAT XX XXXX XXXX XXXXX 84 8 9104 772 84 8 9104 784 Sai Gon Trade Center - Xxxx 000,
00 Xxx Xxx Xxxxx xxxxxx,
Xxx Xxxx Xxxx, Xxxxxxxx 0,
XX XXX XXXX XXXX, XXXXXXX
------------------------------------------------------------------------------------------------------------------------------------
253
IN WITNESS WHEREOF THE DULY AUTHORISED REPRESENTATIVES OF THE PARTIES HAVE
EXECUTED THIS AGREEMENT ON THE DAY AND YEAR FIRST BEFORE WRITTEN.
SIGNED for and on behalf of
BURBERRY LIMITED by:
Signature: /s/ Rose Xxxxx Xxxxx
Name: Rose Xxxxx Xxxxx
Title: Chief Executive
SIGNED for and on behalf of
INTER PARFUMS, S.A. by:
Signature: /s/ Xxxxxxxx Xxxxxxx
Name: Xxxxxxxx Xxxxxxx
Title: PDG
SIGNED by:
Signature: /s/ Xxxx Xxxxx
Name: Xxxx Xxxxx
Title: CEO
and by:
Signature: /s/ Xxxxxxxx Xxxxxxx
Name: Xxxxxxxx Xxxxxxx
Title: President
duly authorised on behalf of
INTER PARFUMS, INC.
and thereby executed by
INTER PARFUMS, INC.
as its deed
