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Trademark Policy

1. General

Cindy Van Dyck is the owner of the registered trademark (word) KELOKE, registered on 22/7/2023 with trademark number 018858225. 

This trademark was registered for the following services: 

- Class 39: 

Travel information; Providing travel information via global computer networks; Providing tourist travel information, via the Internet; Provision of travel information by computer; Providing driving directions for travel purposes; Provision of information relating to travel routes.

- Class 41: 

Writing services for blogs; Providing on-line publications; Providing electronic publications; Publication of printed matter in electronic form; Publication of printed matter in electronic form on the Internet; Publishing of reviews; Providing online electronic publications, not downloadable.

2. Prior unambiguous consent required for trademark use

The trademark KELOKE can only be used with the explicit written consent of Cindy Van Dyck. This consent is specific, which means that it only applies for the clearly defined situation and the desired purpose for which consent has been obtained. Every other use than authorised in advance in writing by Cindy Van Dyck will constitute a trademark infringement which can be sanctioned on the basis of the Belgian Code of Economic Law.

The alteration or modification of the trademark KELOKE shall not automatically lead to the trademark being used without prior written consent. After all, certain adaptations or changes do not prevent the trademark from still being considered 'used' within the meaning of point 3 of this trademark policy.

If you wish to obtain authorisation for the use of the trademark KELOKE, please do contact us on the mail address keloke.platform@gmail.com. Please provide us with information regarding your identity, the pursued purpose and use. We will then contact you in order to authorize, adjust or refuse the concerned application.

3. Non-authorised uses

According to legal regulations, it is not permitted to use the registered trademark KELOKE without prior permission in the following cases. These are purely indicative and non-exhaustive. Not permitted is: 

  • Use (e.g. on goods or their packaging, in advertising, in comparative advertising which does not comply with the conditions of paragraph 4, bullet point 2 of this trademark policy, as a keyword or ad word, or as a trade or company name) of the word KELOKE as a trademark (to identify one's own goods/services in commerce), if this is done for economic gain, for the same goods/services as those for which the KELOKE trademark is registered, and this use has a negative effect on one or more of the functions of the KELOKE trademark.

  • Use of the trademark in advertising may adversely affect the trademark's function of origin if the advertising suggests that there is an economic link between you and KELOKE, or if the advertising is so vague as to the commercial origin of the goods/services that consumers are unable to determine on the basis of that advertising whether there is an economic link between you and KELOKE or not.

  • Use of the trademark may have a negative impact on the investment function of the trademark if it substantially interferes with KELOKE's use of the trademark to build or maintain its reputation (for example, by using the trademark in a manner detrimental to the reputation of the trademark).

  • Use of the word KELOKE as a trademark (see first bullet point), if it is done for economic gain, for goods/services similar to those for which the trademark KELOKE is registered, if it is likely to mislead the relevant consumer as to the commercial origin of the goods and/or services (i.e. if he/she might think that the goods/services originate from KELOKE or that there is an economic link between you and KELOKE).

 

For instance, use of the trademark in advertising may create confusion as to the commercial origin of the goods and/or services if the advertising suggests that there is an economic link between you and KELOKE, or if the advertising is so vague as to the commercial origin of the goods/services that consumers are unable to determine from that advertising whether or not there is an economic link between you and KELOKE.

 

  • Registering the word KELOKE as a domain name when you have no right or legitimate reason to do so and are using the domain name in bad faith.

4. Authorised uses 

According to the legal regulations, it is allowed to use the registered trademark KELOKE  without prior permission in the hereinafter mentioned cases. These are purely indicative and non-limitative. Authorized is: 

  • Use of the word KELOKE  for other than economic purposes.

 

  • Use (see first bullet point in paragraph 3) of the word KELOKE, if this is for economic gain, to refer to or identify the trademarked goods/services as being goods/services of KELOKE, provided that this is done in accordance with fair market practices.

 

Such reference use may be for example for signalling to consumers the resale of trademarked goods originally placed on the European market by or with the consent of KELOKE, for comparative advertising permitted by law, for offering legitimate alternatives to the trademarked goods/services, for purposes of parody/artistic expression/criticism/commentary, or where it is necessary to indicate the intended purpose (of your goods) as an accessory or spare part of the trademarked goods.

 

In order to be called "legally permissible comparative advertising", the comparison must be objective, and the advertising must not be able to mislead or confuse the consumer, or harm the good name or reputation of the brand or the trademarked goods/services, or take unfair advantage of the reputation of the brand, or present the goods or services as imitations of the brand goods/services in question.

 

Contrary to fair market practices is suggesting a relationship between you and KELOKE, affecting the value of the trademark (for example, taking unfair advantage of the trademark, or disparaging or denigrating it), or presenting your goods as imitations of the trademark goods.

 

  • Use (see first bullet point of paragraph 3) of the word KELOKE, when done for economic advantage, to signal to consumers the resale of trademark goods originally placed on the European market by or with the consent of KELOKE for sale, provided that the original condition of these goods has not been substantially altered, that no serious harm is done to the reputation or good name of the trademark, and that no impression of commercial relationship is created between you and KELOKE (for example, advertising that is not fair and proper but takes unfair advantage of the trademark).

 

  • Local use of the word KELOKE as a trade name, provided such use already took place before the trademark registration of KELOKE. If this is the case, please contact us at blogzinebe@gmail.com. In this case, we will try to reach a positive and fair settlement that allows both uses to coexist simultaneously.

 

  • Use (see first bullet point in point 3), if this is done for economic gain, of the word KELOKE as a personal name, provided that the word is actually identical to your personal name and such use is not contrary to fair market practices (see first bullet point), and/or use of the word to designate your address, provided that the word is actually (part of) your current address.

 

  • Use of the word KELOKE as a trademark (see first bullet point in paragraph 3), when it is done for economic gain, for goods/services similar to those for which the mark KELOKE is registered, but is not liable to confuse the relevant consumer as to the commercial origin of the goods and/or services. 

5. Mention

Every time the trademark KELOKE is used, the following wordings have to be mentioned: “The word KELOKE is protected by the  European trademark law and belongs to Cindy Van Dyck. Every unauthorised use  may lead to a trademark infringement". These wordings need to be disclosed in a clear and transparent manner, in proximity to the concerned trademark.

Anyone who mentions the trademark, obligates himself to encourage third parties to uphold the same principles on the authorised uses in order to maintain fair commercial practices.  

6. Distinctive Image

Every time the mark KELOKE is used, it should be presented in a separate and distinctive way. The trademark cannot be portrayed in any combination, collage or any unclear manner. Wordmarks should be mentioned separately, underlined, cursive or in bold in order to distinguish itself as a trademark. 

7. Conformity with our Terms & Conditions 

Moreover every use of the trademark should be in conformity with our general terms and conditions that you can find on our website.

8. Contact

If you have any further questions about this trademark policy or the use of our trademark KELOKE, please contact us at our mail address keloke.platform@gmail.com.

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