1
Exhibit 10(b)
TRADEMARK LICENSE AGREEMENT
This AGREEMENT ("Agreement") entered into as of this 25th day of May, 1989
by and between MEMOREX TELEX CORPORATION, a Delaware corporation with its
principle place of business at 0000 Xxxx 00xx Xxxxxx, Xxxxx, Xxxxxxxx 00000
("Licensor") and TELEX COMMUNICATIONS, INC. (formerly TCI Acquisition Corp.), a
Delaware corporation with its principle place of business at 0000 Xxxxxxx Xxxxxx
Xxxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000 ("Licensee").
WHEREAS, Licensor has beneficial and legal ownership rights in the
trademark "TELEX" and related trademarks and trade names, which have come to be
recognized by customers as constituting a desirable image of superior quality
products and thus possesses considerable value as goodwill;
WHEREAS, pursuant to an Asset Purchase Agreement dated as of the
date hereof (the "Asset Purchase Agreement"), Licensee has acquired all of the
assets of Licensor's wholly-owned subsidiary formerly known as Telex
Communications, Inc., including goodwill associated with the tradename "TELEX"
and related trademarks and trade names; and
WHEREAS, pursuant to the Asset Purchase Agreement, Licensor has
agreed to provide Licensee with a license to use the trademark "TELEX" and
related trademarks and trade names.
NOW, THEREFORE, in order to set forth the Licensee's rights to use
the Licensed Trademarks (as hereinafter defined) and TELEX trade name in its
businesses, and in consideration of the mutual terms, covenants and conditions
set forth herein, the parties agree as follows:
1. DEFINITIONS
(A) "Licensed Trademarks" shall mean the TELEX trademarks and
foreign language and composite trademarks thereof throughout the Territory,
including, without limitation, the Registered Licensed Trademarks, in which
Licensor has now or hereafter acquires rights, or may otherwise have the right
to license, with respect to the Licensed Products or the MTC Products (as
hereinafter defined).
(B) "Licensed Products" shall collectively include: (i) all those
products which Licensee is selling or has previously sold, or has approved for
sale, in
2
conjunction with any of the Licensed Trademarks, including, without limitation,
the products identified in Schedule 1 attached hereto, including components
incorporated in such products and sold in conjunction therewith; (ii) any
products, including components incorporated in such products and sold in
conjunction therewith, not materially different from products described in
clause (i), that Licensee desires to sell in conjunction with any of the
Licensed Trademarks; and (iii) any other products (except for MTC Products),
including components incorporated in such products and sold in conjunction
therewith, that Licensee desires to sell in conjunction with any of the Licensed
Trademarks, subject to Section 3(C) hereof.
(C) "MTC Products" shall collectively include: (i) all those
products which Licensor is selling or has previously sold, or has approved for
sale, in conjunction with the trademark "TELEX," including components
incorporated in such products and sold in conjunction therewith; (ii) any
products, including components incorporated in such products and sold in
conjunction therewith, not materially different from products described in
clause (i), that Licensor desires to sell in conjunction with the trademark
"TELEX"; and (iii) any other products (except Licensed Products), including
components incorporated in such products and sold in conjunction therewith, that
Licensor desires to sell in conjunction with the trademark "TELEX," subject to
Section 3(C) hereof.
(D) "Registered Licensed Trademarks" shall mean the registrations
and applications for registration for the Telex trademarks listed on Schedule 1
hereto.
(E) The "Territory" of the rights granted to Licensee herein shall
mean the universe.
(F) The "Term" of the Licenses granted hereunder shall be perpetual.
(G) Licensor's "Affiliated Companies" include all companies (other
than Licensee and its Affiliated Companies) which are, or become during the
Term, directly or indirectly controlled by Licensor.
(H) Licensee's "Affiliated Companies" include all companies which
are, or become during the Term, directly or indirectly controlled by Licensee.
2. GRANT OF LICENSE
(A) Licensor hereby grants to Licensee and to its Affiliated
Companies, successors and permitted assigns to
2
3
the full extent it has or may at any time hereafter acquire the right so to do,
and Licensee hereby accepts:
(i) the separate and exclusive royalty-free license within the
Territory to manufacture, cause to be manufactured, distribute, sell,
advertise and promote the Licensed Products in conjunction with Licensed
Trademarks, including the right to grant sub-licenses, subject to the
provisions of Section 4 hereof; and
(ii) the separate and exclusive, royalty-free right to use,
within the Territory, the trade name TELEX in its and its Affiliated
Companies' corporate and other business entity trade names, provided that
such corporate trade names shall not combine the term TELEX with the term
"Memorex" or synonyms thereof.
Nothing herein shall be construed to limit the absolute right of
Licensor to use throughout the universe the composite trademark and composite
trade name "Memorex Telex."
3. TRADEMARK WARRANTY; PRODUCT EXCLUSION
(A) Licensor represents and warrants that it is the legal or
beneficial owner of the Registered Licensed Trademarks.
(B) Neither Licensor nor Licensee shall use, or authorize the use
of, the Licensed Trademarks or TELEX trade name on or in association with any
new type of product which is likely to denigrate the image of the Licensed
Trademarks or TELEX trade name.
(C) Neither Licensor nor Licensee shall use, or authorize the use
of, Licensed Trademarks in conjunction with any new product materially different
from a product described in Sections 1(B)(i) and 1(B)(ii) hereof, in the case of
Licensee, or Sections 1(C)(i) or 1(C)(ii) hereof, in the case of Licensor, or
without the consent of the other party as provided herein. If Licensor or
Licensee desires to use any of the Licensed Trademarks in conjunction with such
a new type of product, Licensor or Licensee, as the case may be, will notify the
other party of such desired use at least 90 days prior to the introduction of
such new product. If such other party reasonably determines that such new
product is likely to denigrate the image of the Licensed Trademarks or the Telex
trade name, or is likely to materially compete with an existing or planned
product of such notified party, that party shall so notify the party
3
4
proposing the new product within 30 days and the parties shall promptly consult
to resolve the matter. If the parties are unable to resolve the matter, the
matter shall be submitted to arbitration in accordance with Section 10 hereof.
4. SUBLICENSES
(A) Subject to this Section 4, Licensor may license, and Licensee
may sublicense, other persons with respect to the Licensed Trademarks. If either
Licensor or Licensee intends to grant a license or sublicense, as the case may
be, such party shall notify the other party to this Agreement in writing of its
intent at least ninety (90) days prior to the effectiveness of such other
license or sublicense. In the event that Licensor or Licensee, as the case may
be, determines that the grant of such other license or sublicense, as the case
may be, would materially conflict with, impair, dilute or in any manner derogate
the value of such party's rights in respect of the Licensed Trademarks, the
Licensor or Licensee, as the case may be, shall promptly notify the other party
in writing. Such notice shall stay the grant of such proposed other license or
sublicense pending resolution of the objection in accordance herewith. Licensor
and Licensee shall promptly consult regarding the objection. If the parties are
unable to resolve the matter within 30 days, either party may submit the dispute
to arbitration in accordance with Section 10 hereof.
(B) Any other licensee or sublicensee shall comply with the terms of
this Agreement applicable to the party granting such other license or
sublicense, as the case may be, and prior to the effectiveness of such other
license or sublicense, such other licensee or such sublicensee, as the case may
be, shall agree in writing to be so bound and to so comply with the terms of
this Agreement, including, without limitation, the provisions of Sections 3(B),
5 and 6 hereof. The Licensor and Licensee shall each guaranty the performance
hereunder of any of their respective other licensees or sublicensees, as the
case may be.
5. QUALITY OF LICENSED PRODUCTS
Licensor and Licensee agree that all Licensed Products and MTC
Products shall be of high quality to protect and enhance the prestige of the
Licensed Trademarks and TELEX trade name and the goodwill pertaining thereto.
4
5
6. ADVERTISING
Licensee and Licensor hereby agree that any advertising, packaging
and promotional material used by either of them in connection with the Licensed
Products, or the MTC Products, as the case may be, will be substantially in
accord with the high level of similar materials previously used by it or its
predecessor company with respect to such businesses and will not knowingly
disparage the Licensed Trademarks or the TELEX trade name in any manner.
7. FUTURE DOCUMENTS, RECORDING AND TRADEMARK MAINTENANCE
(A) The parties agree to cooperate in the execution and delivery,
from time to time throughout the term of this Agreement, of any documents that
may be reasonably required or desirable to effectuate and carry out the purpose
and intent of this Agreement. Such documents shall include instruments required
to file, renew, assign, protect, perfect and maintain the Licensed Trademarks
and Licensor's ownership therein, or to provide for the granting of any license
or sublicense hereunder.
(B) Licensor shall use its reasonable best efforts to cause the
maintenance of the Registered Licensed Trademarks, at Licensor's cost and
expense. Licensor shall, at the request and expense of Licensee, use its
reasonable best efforts to obtain additional registrations of the trademark
Telex.
8. INFRINGEMENT AND OTHER ACTIONS
(A) The parties shall promptly notify each other of any claim that
is asserted, and of any action or proceeding that is threatened or commenced, in
which a third party (i) challenges the right of any of the parties hereto to use
or ownership of any of the Licensed Trademarks, or (ii) alleges that any
Licensed Trademark used pursuant to this Agreement infringes the trademark
rights of such third party, or (iii) in which the revocation, cancellation or
declaration of invalidity of any Licensed Trademark is sought. The parties shall
consult with respect to each such claim, action, or proceeding, the assertion of
counterclaims thereto and the settlement thereof and shall jointly defend, in
the name of Licensor and/or Licensee, each such action or proceeding that is
commenced. The party or parties whose use or ownership of the Licensed Trademark
or TELEX trade name is being challenged or whose products are covered by the
Licensed Trademarks or TELEX trade name being attacked
5
6
shall be responsible for the legal expenses incurred in defending such actions
and proceedings and all damages and costs, if any, recovered by the third party.
The party responsible for such expenses (or, if applicable, the party
responsible for the greater proportion of such expenses) shall control any such
joint defense, provided that neither party shall agree to a settlement without
the consent, not unreasonably withheld, of the other party.
(B) The parties shall promptly notify each other of any infringement
or other violation by a third party of any of the Licensed Trademarks or TELEX
trade name. The parties shall consult with respect to any such infringement, and
any action or proceeding, including opposition and cancellation actions, that
may be brought against such infringement. The parties shall consult with respect
to taking appropriate action including the bringing of actions in the name of
Licensor and/or Licensee. If such action or proceeding is commenced by either
party, it shall promptly notify the other party. Licensor and Licensee shall
each be given an opportunity to participate in any such action or proceeding
with counsel of its choice, bearing its own legal and other costs of such
independent counsel. Should either party determine not to commence such action
or proceeding it shall promptly notify the other party. Should Licensor or
Licensee, as the case may be, then determine to initiate such action or
proceeding, the other party shall first be given 30 days notice, during which
time such party may reconsider and change its decision. Licensor or Licensee, as
the case may be, may then, after giving notice to the other party, at its or
their expense, initiate such action or proceedings in the name of Licensor
and/or the initiating party or parties. Each party shall provide reasonable
cooperation in any joint proceeding or action, including the defense of any
counterclaims, and may, if not a party to any proceeding or action, join in,
with counsel of its own choice, bearing its own legal and other costs. The party
bringing any action or proceeding under this Section 8(B) shall keep the other
party informed of the proceedings and give the other party an opportunity to
participate in any settlements, but the final decision as to whether to settle
the action or proceeding shall be made by the party or party bringing the action
or proceeding; provided, however, that neither party shall agree to a settlement
without the consent, not unreasonably withheld, of the other party, if such
other party reasonably determines that such settlement would materially impair
the rights of such other party to use or own any of the Licensed Trademarks. Any
recovery in any joint action or proceeding shall be applied first to reimburse
the parties for their reasonable legal expenses in bringing such action or
proceeding. The excess shall belong to the party initiating the action or
proceeding. If the
6
7
action is brought jointly and the recovery is not sufficient to reimburse the
parties bringing the action for their reasonable legal expenses in such action,
the unreimbursed portion of such legal expenses shall be borne pro rata by each
of the parties.
(C) Except if resulting from a material breach of this Agreement,
the parties shall not have any claim or cause of action against the other
arising out of the manufacture, promotion or sale of any of the Licensed
Products or MTC Products. Furthermore, neither party shall have any claim
against the other, nor shall any party be entitled to be reimbursed (except
pursuant to the last sentence of Section 3(B) hereof) by the other party for any
costs, expenses or damages incurred or sustained by it, by reason of any third
party claiming, or any court or government agency finding, that any of the
Licensed Trademarks infringe the property rights of any third party.
(D) Except in respect of any third party claim of Licensed Trademark
or TELEX trade name infringement, Licensor and Licensee shall each indemnify
and hold the other harmless from any liability, loss, damage or expense
(including reasonable counsel fees) arising out of their or their respective
Affiliated Companies' or sublicensees' (or, in the case of Licensor, other
licensees') manufacture, promotion or sale of their respective products,
including, but not limited to, (i) any claim for injury or damage made by any
third party allegedly attributable to the use of the Licensed Products or MTC
Products, (ii) patent infringement or (iii) false advertising.
(E) If any claim or action is made or brought against Licensor or
Licensee by any third party which, under the provisions of Section 8(D), might
give rise to an obligation to indemnify such party, such party shall promptly
notify Licensor or Licensee, as the case may be, indicating the name of the
claimant or litigant and providing the details of the claim or action. Such
party shall promptly thereafter forward every process or pleading relating to
any such claim or action to the indemnitor under Section 8(D) and such
indemnitor shall have the right and obligation, at its expense and both with
counsel of its choice, to assume the defense of, assert any counterclaim with
respect to, and settle any such claim or action in such party's and/or the
indemnitor's name; provided, however, that if any counterclaim so asserted could
have the effect of imposing any obligation upon the other party, then such
counterclaim shall be covered by this indemnification and, if more than monetary
damages are involved, the prior consent of such party shall have been obtained
which shall not be unreasonably withheld.
7
8
9. ASSIGNABILITY; SECURITY INTERESTS
(A) The rights granted under this Agreement may be assigned (a) by
either party, to the successor in interest or assignee of substantially all its
business or assets, or the surviving party of any merger or consolidation to
which it is a party or (b) by either party, to the successor in interest or
assignee of all of the business or assets of one or more of the assigning
party's product lines, provided that the assignee of any assignment under this
Section 9 has assumed all the assignor's obligations hereunder with respect to
the business or assigned product lines, as the case may be. The assigning party
under this Section 9 shall give the other party at least 60 days prior notice of
such assignment. Licensor and Licensee shall each guaranty the performance
hereunder by any of their respective assignees.
(B) Each party hereto acknowledges and agrees that the other party
may grant a security interest in its interest in the Licensed Trademarks and the
TELEX trade name to secure its obligations to the holder or holders of its
indebtedness. If it shall become necessary for any such holder or holders to
exercise its or their rights under such security interest, such rights shall be
subject to compliance with the obligations under this Trademark License
Agreement of the party which granted such security interest.
10. ARBITRATION
Any controversy or claim arising out of, or relating to this
Trademark License Agreement or its interpretation, performance or nonperformance
or any breach thereof, which the parties are unable to resolve between
themselves, shall first be submitted to arbitration pursuant to the Commercial
Arbitration Rules of the American Arbitration Association before a single
arbitrator in New York City who shall be a trademark specialist selected by the
parties. If the parties cannot agree on the selection of the arbitrator, the
parties shall each designate an arbitrator, the two of whom shall then agree
upon a third arbitrator. Each party shall bear its own costs in any such
proceeding. The decision of the arbitrator shall be final and binding upon the
parties and may be enforced in any court of competent jurisdiction.
11. GENERAL PROVISIONS
(A) This Trademark License Agreement embodies all the terms and
conditions among the parties hereto with respect to the Licensed Trademarks and
TELEX trade name and
8
9
supersedes and cancels all previous agreements and understandings with respect
to the subject matter hereof. This Agreement may only be amended in a writing
signed by the parties hereto. There are no verbal statements, representations or
warranties that have not been embodied herein.
(B) The provisions of this Agreement are separate and divisible. If
any provision or part thereof is declared invalid or unenforceable, such
provision shall be deemed modified to the extent necessary to render it valid
and enforceable, and it shall not affect the validity or enforceability of any
remaining part or parts, all of which shall remain in full force and effect.
(C) The failure of any party at any time to require performance by
any other party of any term or condition hereof shall not in any manner affect
the right to require full performance at any time thereafter, nor shall the
waiver by a party of any default in the performance or observance of any term or
condition therein be taken as or held to be a waiver of any preceding or
subsequent default or as a waiver of the term or condition itself.
(D) Any notice, approval, consent, or other communications required
or permitted hereunder shall be in writing and shall be given by personal
delivery, telecopy or telex, with acknowledgement of receipt, or by prepaid
registered mail, return receipt requested, addressed to the party at its address
first hereinabove written to the attention of its General Counsel, or to any
other address that either party may subsequently designate by notice in
accordance with this paragraph. Notices and other communications hereunder shall
be deemed effective one day after dispatch if personally delivered, telexed or
telecopied, and three days after dispatch, if posted, subject to proof of
delivery.
(E) This Agreement does not, and shall not be deemed to, make any
party hereto the agent, partner, joint venturer or legal representative of any
other for any purpose whatsoever. Neither Licensor nor Licensee shall have the
right or authority to assume or create any obligations or responsibility
whatsoever, express or implied, on behalf of or in the name of the other, or to
bind the other in any respect whatsoever, except as may be herein provided.
(F) In the event that this Agreement or any portion thereof is
declared invalid by a court, agency, commission or other entity having
jurisdiction thereof, neither of the parties shall have any cause of action or
9
10
claim against any of the others by reason of such declaration of invalidity.
(G) This Agreement shall be governed by and construed in accordance
with the laws of the State of New York.
(H) Neither of the parties hereto shall have any liability to the
others for consequential damages or lost profits.
(I) The headings given to the paragraphs of this Agreement are for
the convenience of the parties only and are not to be used in any interpretation
of this Agreement.
(J) This Agreement shall be binding upon and inure to the benefit of
each party and its respective successors and assigns, and nothing in this
Agreement, express or implied, is intended to confer upon any other person any
right or benefit.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement as
of the day and year set forth.
MEMOREX TELEX CORPORATION
Licensor By: /s/
--------------------------------
Licensee TELEX COMMUNICATIONS, INC.
(formerly TCI Acquisition Corp.)
By: /s/
-------------------------------
President
10
11
SCHEDULE 1:
Registrations and applications as set forth on Annex 1 and the registrations and
applications for the TELEX Trademark registered in the following countries:
JP
AU
AT
BX
CA
DK
FI
FR
GR
IN
IT
MX
NO
ES
SE
CH
GB
CN
BR
NZ
12
TELEX TELEX
STATUS: RENEWED
STATUS DATE: NOVEMBER 8, 1969.
U.S. CLASS: 21 INT. CLASS: 9
GOODS: RADIO PILLOW SPEAKERS, SOUND REPRODUCER HEAD
SETS, MAGNETIC SOUND REPRODUCER APPARATUS,
INTEROFFICE TELEPHONIC COMMUNICATION
APPARATUS AND ELECTRONIC PERSONAL HEARING AID
APPARATUS FOR INSTALLATION IN CHURCHES,
AUDITORIUMS AND THE LIKE
SER. NUMBER: 545.559 FILED: DECEMBER 26, 1947.
IN COMM: 011937
FIRST USED: JANUARY 1937.
PUBLISHED FOR OPPOSITION: JULY 26, 1949.
REG. NUMBER: 517.386
REGISTERED: NOVEMBER 8, 1949.
REGISTRANT: TELEX, INC. ST. XXXX, MINN.
RENEWED: NOVEMBER 8, 1969.
RENEWED TO: TELEX, INC. ST. XXXX, MINN.
U.S. REGISTRATIONS CLAIMED: 429310
ADDITIONAL INFORMATION: PLAINTIFF IN OPPOSITION
ACTION NO. 50607 AGAINST (REG. NUMBER 0903900)
ADDITIONAL INFORMATION: PLAINTIFF IN OPPOSITION
ACTION NO. 51407 AGAINST TELEMAT (SER. NUMBER 72
/328305)
ADDITIONAL INFORMATION: PLAINTIFF IN OPPOSITION
ACTION NO. 51731 AGAINST TELETAX (SER. NUMBER 72
/348098)
ADDITIONAL INFORMATION: PLAINTIFF IN OPPOSITION
ACTION NO. 53021 AGAINST TELE COMPUTER (SER.
NUMBER 72 387676)
ADDITIONAL INFORMATION: PLAINTIFF IN CANCELLATION
ACTION NO. 16449 AGAINST TELEX (REG. NUMBER
1312520)
ADDITIONAL INFORMATION: PLAINTIFF IN OPPOSITION
ACTION NO. 76904 AGAINST TELEX WORLD LETTER (SFR.
NUM 73/614503)
ADDITIONAL INFORMATION: PLAINTIFF IN OPPOSITION
ACTION NO. 77806 AGAINST TELECT (SER. NUM 73
/672104)
ADDITIONAL INFORMATION: PLAINTIFF IN OPPOSITION
ACTION NO. 78861 AGAINST TELX ENTERTAINMENT (SER.
NUM 73 683384)
ADDITIONAL INFORMATION: PLAINTIFF IN OPPOSITION
ACTION NO. 79099 AGAINST TELEMAX (SER. NUM 73
655685)
13
STATUS: RENEWED STATUS DATE: AUGUST 18, 1973.
U.S. CLASS: 103 INT. CLASS: 37
SERVICES: MAINTAINING AND REPAIR OF ELECTRONIC DEVICES,
NAMELY, HEARING AID EQUIPMENT
[TELEX LOGO] SER. NUMBER: 618.410 FILED: SEPTEMBER 5, 1951.
IN COMM: SEPTEMBER 5, 1949.
FIRST USED: SEPTEMBER 5, 1949.
PUBLISHED FOR OPPOSITION: MAY 19, 1953
REG. NUMBER: 578.917 REGISTERED: AUGUST 18, 1953.
REGISTRANT: TELEX, INC., ST. XXXX, MN
RENEWED: AUGUST 18, 1973.
RENEWED TO: SAME
CLAIMS/DISCLAIMS: APPLICANT CLAIMS OWNERSHIP ON
REGISTRATIONS NO. 373.770, 429.310 & OTHERS.
--------------------------------------------------------------------------------
TELEX TELEX
STATUS: REGISTERED STATUS DATE: OCTOBER 20, 1970.
U.S. CLASS: 26 INT. CLASS: 9
GOODS: DATA PROCESSING EQUIPMENT COMPUTER PERIPHERAL
EQUIPMENT & COMPUTER TERMINAL COMPUTERS DIGITAL TAPE
TRANSPORTS DISK STORAGE DRIVES & ELECTRONIC FILE
CONTROLS UNITS APPARATUS & INSTRUMENTS FOR DATA
ACQUISITION DATA TAPE RECORDERS ETC
SER. NUMBER: 323.386 FILED: APRIL 1, 1969.
IN COMM: 1940.
FIRST USED: 1940.
PUBLISHED FOR OPPOSITION: AUGUST 4, 1970.
REG. NUMBER: 901.195 REGISTERED: OCTOBER 20, 1970.
REGISTRANT: THE TELEX CORP., TULSA OKLA.
CLAIMS/DISCLAIMS: OWNER OF RNS 439.711 AND 517.386.
[TELEX LOGO] TELEX
STATUS: CANCELLED - SEC. 8
CANCELLATION DATE: JULY 17, 1984.
U.S. CLASS: 26 INT. CLASS: 9
GOODS: PROPORTIONAL DIVIDERS NAVIGATIONAL COMPUTERS
CALCULATORS AND PLOTTERS
SER. NUMBER: 47.996 FILED: MARCH 28, 1975.
IN COMM: SEPTEMBER 21, 1973.
FIRST USED: SEPTEMBER 21, 1973.
PUBLISHED FOR OPPOSITION: NOVEMBER 22, 1977.
REG. NUMBER: 1.085.335
REGISTERED: FEBRUARY 14, 1978.
REGISTRANT: THE TELEX CORPORATION, TULSA OKLA.
ASSIGNEE OF TELEX COMMUNICATIONS INC. MINNEAPOLIS,
MINN.
ASSIGNEE: TELEX CORPORATION, THE XXXXX, XX 00000 USX
ASSIGNOR: TELEX COMMUNICATIONS INC. 0000 XXXXXXX
XXXXXX XXXXX XXXXXXXXXXX XX 00000 USX
BRIEF: ASSIGNMENT OF ASSIGNORS INTEREST
RECORDED: OCTOBER 22, 1976.
ACKNOWLEDGED: OCTOBER 11, 1976.
REEL/FRAME: 296/771
CLAIMS/DISCLAIMS: OWNER OF RNS 901.195 & 905.501.
14
TELEX TELEX
STATUS: REGISTERED
STATUS DATE: NOVEMBER 24, 1970.
U.S. CLASS: 21 INT. CLASS: 9
GOODS: AMPLIFIERS MICROPHONES RADIOS SPEAKERS
COMBINATION RADIO PHONOGRAPHS VIDEO TAPE
RECORDERS & REPRODUCERS & COMPONENTS & PARTS
OF ALL OF SAID EQUIPMENT
SER. NUMBER: 323.385 FILED: APRIL 1, 1969.
IN COMM: 1948.
FIRST USED: 1948.
PUBLISHED FOR OPPOSITION: SEPTEMBER 8, 1970.
REG. NUMBER: 902.922
REGISTERED: NOVEMBER 24, 1970.
REGISTRANT: TELEX CORPORATION, TULSA, OK
CLAIMS/DISCLAIMS: OWNER OF RNS 439.711 AND 517.386.
-------------------------------------------------------------------------------
TELEX TELEX
STATUS: REGISTERED STATUS DATE: JANUARY 5, 1971.
U.S. CLASS: 26 INT. CLASS: 9
GOODS: DATA PROCESSING EQUIPMENT, COMPUTER
PERIPHERAL EQUIPMENT, AND COMPUTER TERMINAL
APPARATUS - NAMELY, COMPUTERS, DIGITAL TAPE
TRANSPORTS, DISK STORAGE DRIVES AND ELECTRONIC
FILE CONTROL UNITS. APPARATUS AND INSTRUMENTS
FOR DATA ACQUISITION - NAMELY, DATA TAPE
RECORDERS, DATA TAPE RECORDERS-REPRODUCERS,
OSCILLOGRAPHS AND GALVANOMETERS, EYE GLASSES
AND EYE GLASS FRAMES, AND COMPONENTS AND PARTS
FOR ALL OF SAID EQUIPMENT, APPARATUS AND
INSTRUMENTS
SER. NUMBER: 342.188 FILED: OCTOBER 30, 1969.
IN COMM: APRIL 1, 1968.
FIRST USED: APRIL 1, 1968.
PUBLISHED FOR OPPOSITION: OCTOBER 20, 1970.
REG. NUMBER: 905.501 REGISTERED: JANUARY 5, 0000
XXXXXXXXXX: THE TELEX CORP., TULSA, OKLA.
CLAIMS/DISCLAIMS: OWNER OF RN 517.386.
15
TELEX
STATUS: REGISTERED STATUS DATE: MARCH 2, 1971.
U.S. CLASS: 21 INT. CLASS: 9
GOODS: AMPLIFIERS, MICROPHONES, RADIOS, SPEAKERS, COMBINATION
RADIO-PHONOGRAPHS AND COMPONENTS AND PARTS FOR ALL OF SAID
EQUIPMENT
SER. NUMBER: 342.187 FILED: OCTOBER 30, 1969.
IN COMM: APRIL 1, 1968.
FIRST USED: APRIL 1, 1968.
PUBLISHED FOR OPPOSITION: DECEMBER 15, 1970.
REG. NUMBER: 908.989 REGISTERED: MARCH 2, 1971.
REGISTRANT: THE TELEX CORP. TULSA, OKLA.
ADDITIONAL INFORMATION: PLAINTIFF IN OPPOSITION
ACTION NO. 76959 AGAINST ZELEX (SER. NUM 73/607945)
CLAIMS/DISCLAIMS: OWNER OF RN 517.386.
-------------------------------------------------------------------------------
TELEX
STATUS: REGISTERED STATUS DATE: JUNE 8, 1971.
U.S. CLASS: 36 INT. CLASS: 9
GOODS: EQUIPMENT & APPARATUS FOR ELECTRONIC TREATMENT OF SOUND
SOUND RECORDERS REPRODUCERS PHONOGRAPHS TAPE DECKS TAPE
RECORDERS TAPE CARTIDEGS PLAYERS TAPE DUPLICATORS TAPES FOR
SOUND RECORDING & REPRODUCTION COMBINATION TAPE RECORDERS &
RADIOS ETC.
SER. NUMBER: 361.184 FILED: MAY 28, 1970.
IN COMM: 1948.
FIRST USED: 1948.
PUBLISHED FOR OPPOSITION: MARCH 23, 1971.
REG. NUMBER: 913.521 REGISTERED: JUNE 8, 0000
XXXXXXXXXX: THE TELEX CORP. TULSA, OKLA.
CLAIMS/DISCLAIMS: OWNER OF RN 517,386.
16
[TELEX LOGO] TELEX
STATUS: PUBLISHED
STATUS DATE: FEBRUARY 28, 1989.
U.S. CLASSES: 21-26-36 INT. CLASS: 9
GOODS: DATA PROCESSING EQUIPMENT, COMPUTER PERIPHERAL
EQUIPMENT AND COMPUTER TERMINAL APPARATUS - NAMELY,
AIRLINE RESERVATION TERMINALS, PLASMA DISPLAY UNITS,
DIGITAL TAPE TRANSPORTERS, DISK STORAGE DRIVE AND
ELECTRONIC FILE CONTROL UNITS, EQUIPMENT AND
APPARATUS FOR ELECTRONIC TREATMENT OF SOUND - NAMELY,
SOUND RECORDERS-REPRODUCERS, AMPLIFIERS,
MICROPHONES, RADIOS, SPEAKERS, PHONOGRAPHS, TAPE
DECKS, TAPE RECORDERS, TAPE CARTRIDGE PLAYERS, TAPE
DUPLICATORS, TAPES FOR SOUND RECORDING AND
REPRODUCTION AND PHONOGRAPHS, COMMUNICATION ANTENNAS,
AUDIOVISUAL PROJECTORS, AND PARTS FOR ALL OF THE SAID
EQUIPMENT
SER. NUMBER: 649.519 FILED: MARCH 16, 1987
IN COMM: APRIL 1, 1985.
FIRST USED: APRIL 1, 1985.
PUBLISHED FOR OPPOSITION: FEBRUARY 28, 1989.
APPLICANT: TELEX CORPORATION, THE (DEL CORPORATION):
TULSA, OK
U.S. REGISTRATIONS CLAIMED: 0517386, 0578917, 0901195,
0902276, 0902922, 0905501, 0908989, 0913521
CLAIMS/DISCLAIMS: (INT. CL 9) FIRST USED IN ANOTHER FORM
ON JANUARY, 1937 (INT. CL 9) FIRST USED IN ANOTHER
FORM ON JANUARY, 1937 (INT. CL 9) FIRST USED IN
COMMERCE IN ANOTHER FORM ON APRIL, 1968
--------------------------------------------------------------------------------
TELEX TELEX
STATUS: REGISTERED
STATUS DATE: NOVEMBER 10, 1970.
U.S. CLASS: 44 INT. CLASS: 10
GOODS: PERSONAL HEARING DEVICES FOR AID OF DEAF OR
PARTIALLY DEAF PERSONS & COMPONENT PARTS THEREOF
SER. NUMBER 342.332 FILED: OCTOBER 31, 1969.
IN COMM: 011937
FIRST USED: JANUARY 1937.
PUBLISHED FOR OPPOSITION: AUGUST 25, 1970.
REG. NUMBER: 902.276
REGISTERED: NOVEMBER 10, 1970.
REGISTRANT: THE TELEX CORP. TULSA OKLA.
CLAIMS/DISCLAIMS: OWNER OF RN 517.386.
17
----- STATUS: CANCELLED - SEC. 8
TELEX CANCELLATION DATE: OCTOBER 23, 1984.
----- U.S. CLASS: 37 INT. CLASS: 16
GOODS: CLIPBOARDS
SER. NUMBER: 103.901 FILED: OCTOBER 20, 1976.
IN COMM: SEPTEMBER 21, 1973.
FIRST USED: SEPTEMBER 21, 1973.
PUBLISHED FOR OPPOSITION: FEBRUARY 7, 1978.
REG. NUMBER: 1.090.303 REGISTERED: MAY 2, 1978.
REGISTRANT: THE TELEX CORPORATION, TULSA, INC.
ASSIGNEE OF TELEX COMMUNICATIONS INC.
MINNEAPOLIS, MINN.
ASSIGNEE: TELEX CORPORATION, THE XXXXX, XX 00000 USX
ASSIGNOR: TELEX COMMUNICATIONS, INC. 0000 XXXXXXX
XXXXXX XXXXX XXXXXXXXXXX, XX 00000 USX
BRIEF: ASSIGNMENT OF ASSIGNORS INTEREST
RECORDED: JANUARY 17, 1977.
ACKNOWLEDGED: JANUARY 6, 1977.
REEL/FRAME: 300/555
--------------------------------------------------------------------------------
TELEX THE STATUS: CANCELLED - SEC. 8
PERIPHERAL CANCELLATION DATE: SEPTEMBER 16, 1980.
COMPANY WHERE U.S. CLASS: 103 INT. CLASS: 37
THE DIFFERENCE SERVICES: MAINTENANCE SERVICE AND REPAIR OF COMPUTER APPARATUS
BEGINS NAMELY, MAINTENANCE SERVICE AND REPAIR OF TAPE DRIVES, TAPE
ADAPTERS, CONTROLLERS, PRINTERS, DISC DRIVES AND DISC
CONTROLLERS
SER. NUMBER: 432.621 FILED: AUGUST 14, 1972.
IN COMM: JULY 12, 1972.
FIRST USED: JULY 12, 1972.
PUBLISHED FOR OPPOSITION: NOVEMBER 27, 1973.
REG. NUMBER: 979.138
REGISTERED: FEBRUARY 19, 1974.
REGISTRANT: TELEX COMPUTER PRODUCTS, INC. TULSA, OKLA.
CLAIMS/DISCLAIMS: OWNER OF RNS 901.195, 913.521 AND OTHERS.
TELE XXXX STATUS: CANCELLED - SEC. 08
TELEX CANCELLATION DATE: JULY 25, 1961.
U.S. CLASS: 21 INT. CLASS: 9
GOODS: MICROPHONES FOR BROADCASTING.
SER. NUMBER: 497.507 FILED: MARCH 1, 1946.
IN COMM: FEBRUARY 4, 1946.
PUBLISHED FOR OPPOSITION: FEBRUARY 11, 1947.
REG. NUMBER: 429.310 REGISTERED: APRIL 29, 1947.
REGISTRANT: TELEX INC. XX. XXXX, XXXX.
XXXXXXXXXXX XXX 00 (X): JUNE 7, 1955
REPUBLISHED BY: SAME BUT ST. XXXX MIN.
DISCLAIMS: XXXX.
18
YOU'LL HEAR MORE FROM TELEX YOU'LL HEAR MORE FROM TELEX
STATUS: REGISTERED STATUS DATE: JULY 11, 1972.
U.S. CLASSES: 21-36 INT. CLASS: 9
GOODS: (U.S. CL. 21) RADIOS, HEADPHONES,
AMPLIFIERS, MICROPHONES, SPEAKERS, COMBINATION
RADIO-PHONOGRAPHS AND COMPONENTS AND PARTS
FOR ALL OF SAID EQUIPMENT (U.S. CL. 36) TAPE
RECORDERS AND PLAYERS AND COMPONENTS AND
PARTS FOR ALL OF SAID EQUIPMENT
SER. NUMBER: 373.960 FILED: OCTOBER 21, 1970.
IN COMM; 061970
FIRST USED: JUNE 1970.
PUBLISHED FOR OPPOSITION: APRIL 25, 1972.
REG. NUMBER: 937.454 REGISTERED: JULY 11, 1972.
REGISTRANT: THE TELEX CORP., TULSA, OKLAHOMA
ASSIGNEE: TELEX COMMUNICATIONS, INC., 0000
XXXXXXX XXX., XXXXX XXXXXXXXXXX, XX 00000
USX (DE CORPORATION)
ASSIGNOR: THE TELEX CORPORATION, 00XX XXX
XXXXXXXX XX., XXXXX, XX 00000 USX
(DE CORPORATION)
BRIEF: ASSIGNMENT OF ASSIGNORS INTEREST
RECORDED: SEPTEMBER 19, 1973.
ACKNOWLEDGED: JULY 2, 1973.
REEL/FRAME: 241/590
ADDITIONAL INFORMATION: PLAINTIFF IN OPPOSITION
ACTION NO. 57495 AGAINST YOU'L HEAR GOOD
THINGS FROM US (SER. NUMBER 73/034681)
CLAIMS/DISCLAIMS: OWNER OF RNS 901.195,
908.989 AND OTHERS.
19
TELEX Status: Registration
Registrant: Memorex Telex
Corporation
Series No: 902,276
TELEX Status: Application
Published 2/28/89
Registrant: The Telex
Corporation
Series No: 649,519
