Attached files
file | filename |
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EX-4.9 - SECURITY DEED - ELIZABETH ARDEN INC | d164540dex49.htm |
EX-4.8 - SWISS ASSIGNMENT AGREEMENT - ELIZABETH ARDEN INC | d164540dex48.htm |
EX-4.7 - DUTCH SECURITY AGREEMENT - ELIZABETH ARDEN INC | d164540dex47.htm |
EX-4.6 - DEED OF PLEDGE SHARES - ELIZABETH ARDEN INC | d164540dex46.htm |
EX-4.5 - CANADIAN SECURITY AGREEMENT - ELIZABETH ARDEN INC | d164540dex45.htm |
EX-4.4 - CANADIAN PLEDGE AGREEMENT - ELIZABETH ARDEN INC | d164540dex44.htm |
EX-4.3 - SIXTH AMENDMENT TO CREDIT AGREEMENT - ELIZABETH ARDEN INC | d164540dex43.htm |
EX-4.2 - SECOND AMENDED AND RESTATED SECURITY AGREEMENT - ELIZABETH ARDEN INC | d164540dex42.htm |
8-K - FORM 8-K - ELIZABETH ARDEN INC | d164540d8k.htm |
Exhibit 4.1
Execution Version
FOURTH AMENDED AND RESTATED CREDIT AGREEMENT
dated as of
July 26, 2016
Among
ELIZABETH ARDEN, INC., as the U.S. Borrower,
ELIZABETH ARDEN (CANADA) LIMITED, as the Canadian Borrower,
ELIZABETH ARDEN INTERNATIONAL SÀRL, as the Swiss Borrower,
ELIZABETH ARDEN (UK) LTD., as the U.K. Borrower,
CERTAIN OTHER SUBSIDIARIES OF ELIZABETH ARDEN, INC., as Guarantors,
The Lenders Party Hereto,
JPMORGAN CHASE BANK, N.A.,
as Administrative Agent,
BANK OF AMERICA, N.A.,
as U.S. Collateral Agent and Syndication Agent, and
WELLS FARGO BANK, NATIONAL ASSOCIATION and HSBC BANK USA, N.A.,
as Co-Documentation Agents
with
JPMORGAN CHASE BANK, N.A., BANK OF AMERICA, N.A. and
WELLS FARGO BANK, NATIONAL ASSOCIATION
as Joint Lead Arrangers and Joint Bookrunners
ASSET BASED LENDING
TABLE OF CONTENTS
Page
ARTICLE I
DEFINITIONS
Section 1.01 |
Defined Terms |
2 | ||||
Section 1.02 |
Classification of Loans and Borrowings |
62 | ||||
Section 1.03 |
Terms Generally |
62 | ||||
Section 1.04 |
Accounting Terms; GAAP |
63 | ||||
Section 1.05 |
Status of Obligations |
63 | ||||
Section 1.06 |
Determination of U.S. |
64 | ||||
Section 1.07 |
Dutch Terms |
64 | ||||
ARTICLE II | ||||||
THE CREDITS | ||||||
Section 2.01 |
Commitments |
64 | ||||
Section 2.02 |
Loans and Borrowings |
65 | ||||
Section 2.03 |
Requests for Revolving Borrowings |
66 | ||||
Section 2.04 |
Protective Advances |
67 | ||||
Section 2.05 |
Swingline Loans |
69 | ||||
Section 2.06 |
Letters of Credit |
70 | ||||
Section 2.07 |
Funding of Borrowings |
76 | ||||
Section 2.08 |
Interest Elections |
77 | ||||
Section 2.09 |
Termination and Reduction of Commitments; Increase in Commitments |
78 | ||||
Section 2.10 |
Repayment and Amortization of Loans; Evidence of Debt |
81 | ||||
Section 2.11 |
Prepayment of Loans |
83 | ||||
Section 2.12 |
Fees |
84 | ||||
Section 2.13 |
Interest |
85 | ||||
Section 2.14 |
Alternate Rate of Interest |
87 | ||||
Section 2.15 |
Increased Costs |
88 | ||||
Section 2.16 |
Break Funding Payments |
89 | ||||
Section 2.17 |
Withholding of Taxes; Gross Up |
90 | ||||
Section 2.18 |
Payments Generally; Allocation of Proceeds; Sharing of Set-offs |
97 | ||||
Section 2.19 |
Mitigation Obligations; Replacement of Lenders |
101 | ||||
Section 2.20 |
Defaulting Lenders |
101 | ||||
Section 2.21 |
Returned Payments |
103 | ||||
Section 2.22 |
Judgment Currency |
103 | ||||
Section 2.23 |
Designation or Removal of Foreign Borrower |
104 |
i
ARTICLE III
REPRESENTATIONS AND WARRANTIES
Section 3.01 |
Corporate Existence and Power |
104 | ||||
Section 3.02 |
Corporate and Governmental Authorization; No Contravention |
105 | ||||
Section 3.03 |
Binding Effect |
105 | ||||
Section 3.04 |
Financial Information |
105 | ||||
Section 3.05 |
Litigation |
106 | ||||
Section 3.06 |
Compliance with ERISA; Pension Plans |
106 | ||||
Section 3.07 |
Environmental Matters |
107 | ||||
Section 3.08 |
Taxes |
107 | ||||
Section 3.09 |
Subsidiaries |
107 | ||||
Section 3.10 |
Investment Company Status; U.K |
108 | ||||
Section 3.11 |
Full Disclosure |
108 | ||||
Section 3.12 |
Compliance with Laws and Agreements |
108 | ||||
Section 3.13 |
Governmental Approvals |
108 | ||||
Section 3.14 |
Locations |
108 | ||||
Section 3.15 |
Licenses; Trademarks; Distribution Agreements. |
109 | ||||
Section 3.16 |
Inventory |
110 | ||||
Section 3.17 |
Security |
110 | ||||
Section 3.18 |
Quality of Inventory |
110 | ||||
Section 3.19 |
Lockbox Accounts |
110 | ||||
Section 3.20 |
Solvency |
111 | ||||
Section 3.21 |
Common Enterprise; Benefit Received |
111 | ||||
Section 3.22 |
Anti-Corruption Laws and Sanctions |
112 | ||||
Section 3.23 |
EEA Financial Institutions |
112 | ||||
Section 3.24 |
Centre of Main Interest |
112 | ||||
Section 3.25 |
Compliance with Swiss Non-Bank Rules |
112 | ||||
Section 3.26 |
European Distribution Agreements |
113 | ||||
ARTICLE IV | ||||||
CONDITIONS | ||||||
Section 4.01 |
Effective Date |
113 | ||||
Section 4.02 |
Each Credit Event |
117 | ||||
Section 4.03 |
Designation of a Foreign Borrower |
117 | ||||
ARTICLE V | ||||||
COVENANTS | ||||||
Section 5.01 |
Information |
120 | ||||
Section 5.02 |
Payment of Obligations |
124 | ||||
Section 5.03 |
Maintenance of Property; Insurance. |
124 |
ii
Section 5.04 |
Conduct of Business and Maintenance of Existence |
124 | ||||
Section 5.05 |
Compliance with Laws |
125 | ||||
Section 5.06 |
Inspection of Property, Books and Records |
125 | ||||
Section 5.07 |
Additional Guarantors; Further Assurances |
126 | ||||
Section 5.08 |
Canadian Pension Plans |
127 | ||||
Section 5.09 |
Investments |
127 | ||||
Section 5.10 |
Negative Pledge |
129 | ||||
Section 5.11 |
Consolidations, Mergers and Sales of Assets |
130 | ||||
Section 5.12 |
Use of Proceeds and Letters of Credit |
131 | ||||
Section 5.13 |
Transactions with Affiliates |
131 | ||||
Section 5.14 |
Restricted Payments |
132 | ||||
Section 5.15 |
Borrower or Guarantor Indebtedness |
133 | ||||
Section 5.16 |
Sale and Lease Back Transaction |
133 | ||||
Section 5.17 |
Foreign Jurisdictions |
133 | ||||
Section 5.18 |
Swap Agreements |
134 | ||||
Section 5.19 |
Minimum Quarterly Consolidated Debt Service Pricing Ratio |
134 | ||||
Section 5.20 |
European Cash Management |
135 | ||||
Section 5.21 |
Restriction on Payment of Indebtedness |
136 | ||||
Section 5.22 |
Lockbox and Deposit Accounts |
138 | ||||
Section 5.23 |
Indenture Increase |
138 | ||||
Section 5.24 |
Compliance with Swiss Non-Bank Rules |
138 | ||||
Section 5.25 |
European Distribution Agreements |
139 | ||||
Section 5.26 |
Foreign Pension Plans |
139 | ||||
Section 5.27 |
European Collateral |
139 | ||||
Section 5.28 |
Financial Assistance |
140 | ||||
Section 5.29 |
Post-Closing Deliveries |
140 | ||||
ARTICLE VI | ||||||
DEFAULTS | ||||||
Section 6.01 |
Events of Default |
140 | ||||
Section 6.02 |
Default |
143 | ||||
Section 6.03 |
Management; Collection of Accounts |
143 | ||||
Section 6.04 |
Status of Accounts. |
145 | ||||
Section 6.05 |
Collateral Custodian |
147 | ||||
Section 6.06 |
Performance by the Agent |
147 | ||||
ARTICLE VII | ||||||
THE ADMINISTRATIVE AGENT | ||||||
Section 7.01 |
Appointment |
148 | ||||
Section 7.02 |
Rights as a Lender |
149 | ||||
Section 7.03 |
Duties and Obligations |
149 | ||||
Section 7.04 |
Reliance |
149 | ||||
Section 7.05 |
Actions through Sub-Agents |
150 |
iii
Section 7.06 |
Resignation |
150 | ||||
Section 7.07 |
Non-Reliance |
151 | ||||
Section 7.08 |
Other Agency Titles |
152 | ||||
Section 7.09 |
Perfection by Possession and Control; Deposit Accounts |
152 | ||||
Section 7.10 |
[Reserved] |
153 | ||||
Section 7.11 |
Powers and Immunities of Issuing Bank and Swingline Lender |
153 | ||||
Section 7.12 |
No Partners or Co-Venturers; Administrative Agent as Representative of the Secured Parties |
153 | ||||
ARTICLE VIII | ||||||
MISCELLANEOUS | ||||||
Section 8.01 |
Notices |
159 | ||||
Section 8.02 |
Waivers; Amendments |
161 | ||||
Section 8.03 |
Expenses; Indemnity; Damage Waiver |
164 | ||||
Section 8.04 |
Successors and Assigns |
166 | ||||
Section 8.05 |
Survival |
170 | ||||
Section 8.06 |
Counterparts; Integration; Effectiveness; Electronic Execution |
171 | ||||
Section 8.07 |
Severability |
171 | ||||
Section 8.08 |
Right of Setoff |
171 | ||||
Section 8.09 |
Governing Law; Jurisdiction; Consent to Service of Process |
172 | ||||
Section 8.10 |
WAIVER OF JURY TRIAL |
173 | ||||
Section 8.11 |
Headings |
173 | ||||
Section 8.12 |
Confidentiality |
173 | ||||
Section 8.13 |
Several Obligations; Nonreliance; Violation of Law |
175 | ||||
Section 8.14 |
USA PATRIOT Act |
175 | ||||
Section 8.15 |
Canadian Anti-Money Laundering Legislation. |
175 | ||||
Section 8.16 |
Disclosure |
176 | ||||
Section 8.17 |
Interest Rate Limitation |
176 | ||||
Section 8.18 |
No Advisory or Fiduciary Responsibility |
177 | ||||
Section 8.19 |
Marketing Consent |
177 | ||||
Section 8.20 |
Acknowledgment and Consent to Bail-In of EEA Financial Institutions |
177 | ||||
Section 8.21 |
Intercreditor Agreement |
178 | ||||
Section 8.22 |
Limitation on Subsidiaries |
178 | ||||
Section 8.23 |
Replacement/Restatement of the Existing Credit Agreement; Release |
178 | ||||
Section 8.24 |
Application under CCAA |
179 | ||||
ARTICLE IX | ||||||
LOAN GUARANTY OF THE U.S. LOAN PARTIES | ||||||
Section 9.01 |
Guaranty |
179 | ||||
Section 9.02 |
Guaranty of Payment |
180 | ||||
Section 9.03 |
No Discharge or Diminishment of Loan Guaranty |
180 | ||||
Section 9.04 |
Defenses Waived |
181 | ||||
Section 9.05 |
Rights of Subrogation |
181 |
iv
Section 9.06 |
Reinstatement; Stay of Acceleration |
181 | ||||
Section 9.07 |
Information |
182 | ||||
Section 9.08 |
Termination |
182 | ||||
Section 9.09 |
Taxes |
182 | ||||
Section 9.10 |
Maximum Liability |
182 | ||||
Section 9.11 |
Contribution |
182 | ||||
Section 9.12 |
Liability Cumulative |
183 | ||||
Section 9.13 |
Keepwell |
183 | ||||
ARTICLE X | ||||||
LOAN GUARANTY OF FOREIGN LOAN PARTIES | ||||||
Section 10.01 |
Guaranty |
184 | ||||
Section 10.02 |
Guaranty of Payment |
184 | ||||
Section 10.03 |
No Discharge or Diminishment of Loan Guaranty |
185 | ||||
Section 10.04 |
Defenses Waived |
185 | ||||
Section 10.05 |
Rights of Subrogation |
186 | ||||
Section 10.06 |
Reinstatement; Stay of Acceleration |
186 | ||||
Section 10.07 |
Information |
186 | ||||
Section 10.08 |
Termination |
186 | ||||
Section 10.09 |
Taxes |
187 | ||||
Section 10.10 |
Maximum Liability |
187 | ||||
Section 10.11 |
Contribution |
187 | ||||
Section 10.12 |
Liability Cumulative |
188 | ||||
Section 10.13 |
Keepwell |
188 | ||||
Section 10.14 |
German Guaranty Limitations |
189 | ||||
Section 10.15 |
Limitations for Swiss Loan Parties |
191 | ||||
Section 10.16 |
No Foreign Guarantee of Domestic Obligations |
193 | ||||
ARTICLE XI | ||||||
THE BORROWER REPRESENTATIVE | ||||||
Section 11.01 |
Appointment; Nature of Relationship |
193 | ||||
Section 11.02 |
Powers |
193 | ||||
Section 11.03 |
Employment of Agents |
193 | ||||
Section 11.04 |
Notices |
193 | ||||
Section 11.05 |
Successor Borrower Representative |
194 | ||||
Section 11.06 |
Execution of Loan Documents; Borrowing Base Certificate |
194 | ||||
Section 11.07 |
Reporting |
194 | ||||
ARTICLE XII | ||||||
SUBORDINATION OF INTERCOMPANY INDEBTEDNESS | ||||||
Section 12.01 |
Subordination of Intercompany Indebtedness |
194 |
v
SCHEDULES:
Commitment Schedule
Schedule 1.01 |
Existing Letters of Credit | |
Schedule 3.05 | Litigation | |
Schedule 3.06 | U.K. Pension Plans/ Schemes | |
Schedule 3.09 | Subsidiaries | |
Schedule 3.14 | Locations | |
Schedule 3.15 | Licenses, Trademarks and Distribution Agreements | |
Schedule 3.19 | Lockbox Accounts | |
Schedule 5.09 | Permitted Investments | |
Schedule 5.10 | Liens | |
Schedule 5.15 | Arden Acquisition Indebtedness | |
Schedule 5.29 | Post-Closing Deliveries |
EXHIBITS:
Exhibit A |
| Form of Assignment and Assumption | ||||
Exhibit B |
| Form of Borrowing Base Certificate | ||||
Exhibit C |
| Form of Compliance Certificate | ||||
Exhibit D |
| Form of Consent and Subordination Agreement | ||||
Exhibit E-1 |
| U.S. Tax Certificate (For Foreign Lenders that are not Partnerships for U.S. Federal Income Tax Purposes) | ||||
Exhibit E-2 |
| U.S. Tax Certificate (For Foreign Participants that are not Partnerships for U.S. Federal Income Tax Purposes) | ||||
Exhibit E-3 |
| U.S. Tax Certificate (For Foreign Participants that are Partnerships for U.S. Federal Income Tax Purposes) | ||||
Exhibit E-4 |
| U.S. Tax Certificate (For Foreign Lenders that are Partnerships for U.S. Federal Income Tax Purposes) | ||||
Exhibit F |
| Form of Borrowing Subsidiary Agreement | ||||
Exhibit G |
| Form of Intercreditor Agreement | ||||
Exhibit H |
| Form of Joinder Agreement |
vi
THIS FOURTH AMENDED AND RESTATED CREDIT AGREEMENT dated as of July 26, 2016 (as it may be amended, restated, supplemented or modified from time to time, this Agreement), among ELIZABETH ARDEN, INC., a Florida corporation (the U.S. Borrower), ELIZABETH ARDEN (CANADA) LIMITED, a company organized under the laws of Ontario, Canada, ELIZABETH ARDEN INTERNATIONAL SÀRL, a company organized under the laws of Switzerland, and ELIZABETH ARDEN (UK) LTD., a company incorporated under the laws of England and Wales, as borrowers, the other Loan Parties (as defined below) party hereto, the Lenders (as defined below) party hereto, JPMORGAN CHASE BANK, N.A., as administrative agent, and BANK OF AMERICA, N.A., as U.S. collateral agent.
WHEREAS, the U.S. Borrower, Fleet National Bank (now Bank of America, N.A.), in its capacity as administrative agent thereunder, and certain other financial institutions party thereto executed that certain Amended and Restated Credit Agreement dated as of January 29, 2001 (as amended or otherwise modified prior to December 24, 2002, herein the Original Credit Agreement), which amended and restated a Credit Agreement with the U.S. Borrower dated January 23, 2001 and pursuant to which the lenders party thereto extended a credit facility to the U.S. Borrower for revolving loans and letters of credit;
WHEREAS, the U.S. Borrower, JPMorgan Chase Bank, N.A., in its capacity as administrative agent thereunder, Fleet National Bank (now Bank of America, N.A.), in its capacity as collateral agent thereunder, and certain other financial institutions party thereto executed that certain Second Amended and Restated Credit Agreement dated as of December 24, 2002 (as the same has been amended or otherwise modified prior to January 21, 2011, herein the Second Amended Credit Agreement), which amended and restated the Original Credit Agreement in its entirety and pursuant to which the lenders party thereto extended a credit facility to the U.S. Borrower for revolving loans and letters of credit;
WHEREAS, the U.S. Borrower, JPMorgan Chase Bank, N.A., in its capacity as administrative agent thereunder, Bank of America, N.A. (as successor-in-interest to Fleet National Bank), in its capacity as collateral agent thereunder, and certain other financial institutions party thereto as banks (the Existing Lenders) executed that certain Third Amended and Restated Credit Agreement dated as of January 21, 2011 (as the same has been amended or otherwise modified prior to the date hereof, herein the Existing Credit Agreement, and all indebtedness arising pursuant to the Existing Credit Agreement, the Existing Indebtedness), which amended and restated the Second Amended Credit Agreement in its entirety and pursuant to which the lenders party thereto extended a credit facility to the U.S. Borrower for revolving loans and letters of credit;
WHEREAS, the U.S. Borrower desires to (a) modify the Existing Indebtedness and obtain Loans and Letters of Credit for the purposes permitted herein and (b) enable the Canadian Borrower, the Swiss Borrower and the U.K. Borrower (each as defined below) to become parties hereto and to obtain Loans for the purposes permitted herein, which the Agents and the Lenders are willing to do by amending and restating the Existing Credit Agreement in its entirety, subject to the terms and conditions set forth herein; and
1
WHEREAS, after giving effect to the amendment and restatement of the Existing Credit Agreement pursuant to the terms hereof, the Commitment (as defined below) of each Lender hereunder will be as set forth on the Commitment Schedule (as defined below) hereto.
NOW, THEREFORE, in consideration of the premises, the representations, warranties, covenants and agreements contained herein, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, and subject to the satisfaction or waiver of each condition precedent contained in Section 4.01 hereof, the parties hereto agree that the Existing Credit Agreement shall be amended and restated as of the Effective Date in its entirety to read as follows:
ARTICLE I
Definitions
Section 1.01 Defined Terms. As used in this Agreement, the following terms have the meanings specified below:
ABR, when used in reference to any Loan or Borrowing, refers to whether such Loan, or the Loans comprising such Borrowing, bear interest at a rate determined by reference to the Alternate Base Rate.
Account has the meaning assigned to such term in the applicable Security Agreement.
Account Debtor means any Person obligated on an Account.
Acquisition means: (a) the purchase or acquisition of all or substantially all of the assets of any Person, any division, branch or business of any Person or any product line of any Person; (b) the purchase of a controlling equity interest in any Person; or (c) the merger, amalgamation or consolidation of any Person with any other Person, in each case set forth in clauses (a), (b) or (c), in any single transaction or in any group of related transactions which are part of a common plan.
Adjusted LIBO Rate means, with respect to any Eurodollar Borrowing for any Interest Period or for any ABR Borrowing, an interest rate per annum (rounded upwards, if necessary, to the next 1/16 of 1%) equal to (a) the LIBO Rate for such Interest Period multiplied by (b) the Statutory Reserve Rate.
Administrative Agent means JPMorgan Chase Bank, N.A., in its capacity as administrative agent, security trustee and/or collateral agent for the Secured Parties hereunder or, as applicable, such branches or affiliates of JPMorgan Chase Bank, N.A. as it shall from time to time designate for the purpose of performing its obligations hereunder in such capacity. References to the Administrative Agent shall also include JPMorgan Chase Bank, N.A., Toronto Branch (including but not limited to matters pertaining to the Canadian Loan Parties), JPMorgan Chase Bank, N.A., London Branch (including but not limited to matters pertaining to the European Loan Parties) and any such other branch or affiliate of JPMorgan Chase Bank, N.A. designated by JPMorgan Chase Bank, N.A. for the purpose of performing such obligations in such capacity.
2
Administrative Questionnaire means an Administrative Questionnaire in a form supplied by the Administrative Agent.
Advance Percent means eightyfive percent (85%) based on continuing confirmation of a Dilution Percentage of no more than five percent (5%) determined, as of any date, as reflected in the Administrative Agents most recent field examination for the applicable Borrower or if the Dilution Percentage is more than five percent (5%) determined, as of any date, as reflected in the Administrative Agents most recent field examination for the applicable Borrower, such other percent as the Administrative Agent may, at any time hereafter, determine is necessary to protect the applicable Lenders interests, such determination to be made in the Administrative Agents Permitted Discretion.
Affiliate means, with respect to a specified Person, another Person that directly, or indirectly through one or more intermediaries, Controls or is Controlled by or is under common Control with the specified Person.
Agent Parties has the meaning assigned to such term in Section 8.01(d).
Agents means, collectively, the Administrative Agent and the U.S. Collateral Agent, and Agent means any one of such Agents, individually.
Aggregate Borrowing Base Capacity has the meaning assigned to such term in Section 5.19.
Aggregate Committed Exposure means, at any time, the aggregate Committed Exposure of all of the Lenders.
Agreed Currencies means, collectively, U.S. Dollars, Euro, Sterling, Swiss Francs and Canadian Dollars.
Agreement shall have the meaning specified in the introductory paragraph hereto, as such may be amended, supplemented, extended and modified from time to time.
Allowance Accounts means accounts consisting of the returns reserve, salary support, sales allowance and coop advertising.
Alternate Base Rate means, for any day, a rate per annum equal to the greatest of (a) the Prime Rate in effect on such day, (b) the NYFRB Rate in effect on such day plus 1⁄2 of 1% and (c) the Adjusted LIBO Rate for a one month Interest Period on such day (or if such day is not a Business Day, the immediately preceding Business Day) plus 1%, provided that, the Adjusted LIBO Rate for any day shall be based on the LIBO Rate at approximately 11:00 a.m. London time on such day, subject to the interest rate floors set forth therein; provided further that the Alternate Base Rate shall never be less than zero. Any change in the Alternate Base Rate due to a change in the Prime Rate, the NYFRB Rate or the Adjusted LIBO Rate shall be effective from and including the effective date of such change in the Prime Rate, the NYFRB Rate or the
3
Adjusted LIBO Rate, respectively. If the Alternate Base Rate is being used as an alternate rate of interest pursuant to Section 2.14 hereof, then the Alternate Base Rate shall be the greater of clause (a) and (b) above and shall be determined without reference to clause (c) above.
Alternate Rate means, for any day and for any Agreed Currency, the sum of (a) a rate per annum selected by the Administrative Agent, in its reasonable discretion based on market conditions in consultation with the Borrower Representative, reflecting the cost to the Lenders of obtaining funds, plus (b) the Applicable Margin for Eurodollar Revolving Loans. When used in reference to any Loan or Borrowing, Alternate Rate refers to whether such Loan, or the Loans comprising such Borrowing are bearing interest at a rate determined by reference to the Alternate Rate.
AML Legislation has the meaning assigned to such term in Section 8.15.
Anti-Corruption Laws means all laws, rules, and regulations of any jurisdiction applicable to the U.S. Borrower or any of its Affiliates from time to time concerning or relating to bribery or corruption, including without limitation the U.S. Foreign Corrupt Practices Act, the U.K. Bribery Act 2010 and the Corruption of Foreign Public Officials Acts (Canada).
Applicable Letter of Credit Fee means, with respect to each Letter of Credit, a fee equal to the Applicable Margin for Eurodollar Loans times the face amount of such Letter of Credit.
Applicable Margin means, with respect to any Type of Loan, the applicable margin (expressed in basis points) in the column below for the applicable Type of Loan and opposite the Debt Service Pricing Ratio set forth in the table below that corresponds with the actual Debt Service Pricing Ratio set forth in the most recent Compliance Certificate:
Tier | Debt Service Pricing Ratio | Eurodollar Loans, Overnight LIBO Rate Loans and CDOR Rate Loans |
ABR Loans and Canadian Prime Rate Loans | |||
I |
Greater than 2.50:1.00 | 150.0 | 00.0 | |||
II |
Less than or equal to 2.50:1.0 but greater than 2.00:1.00 | 175.0 | 25.0 | |||
III |
Less than or equal to 2.00:1.00 but greater than 1.50:1.00 | 200.0 | 50.0 | |||
IV |
Less than or equal to 1.50:1.00 but greater than 1.00 | 225.0 | 75.0 | |||
V |
Less than or equal to 1.00:1.00 | 250.0 | 100.0 |
Each Applicable Margin shall be determined by reference to Tier V for the period from the Effective Date until the first business day of the month following the day when the Compliance Certificate required in connection with the monthly financial statements delivered
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under Section 5.01(e) for each month end which corresponds with the end of each fiscal quarter end, beginning with such financial statements delivered for the month ended as of September 30, 2016. On such date, each Applicable Margin shall change in accordance with the Debt Service Pricing Ratio set forth therein and the table set forth above. Thereafter, each Applicable Margin shall change effective commencing on the first business day of the month following the date when a Compliance Certificate required by Section 5.01(c) is delivered, such change to be made in accordance with the Debt Service Pricing Ratio set forth therein and the table set forth above; provided, however, if any Compliance Certificate is not received by the date required by Section 5.01(c), the Applicable Margins shall revert to Tier V until delivery of the next Compliance Certificate. Notwithstanding anything contained herein to the contrary, during the period when the amount under clause (f) of the definition of U.S. Borrowing Base is included in the calculation of the U.S. Borrowing Base the Applicable Margin determined pursuant to the other provisions of this definition with respect to the first $25,000,000 of the U.S. Loans outstanding hereunder shall be increased by 1.00%. If it is ever subsequently determined that such financial statements did not accurately report the information necessary to determine the Debt Service Pricing Ratio and as a result thereof, the Debt Service Pricing Ratio utilized to determine the Applicable Margin was not correct and resulted in the Applicable Margin being different than it should have been if the Debt Service Pricing Ratio was accurately determined, the applicable Borrower shall pay to the Administrative Agent the amount that would have been due (or, alternatively, the applicable Lenders shall reimburse the applicable Borrower for their pro rata portion of the amount of any excess) under the terms hereof if the Debt Service Pricing Ratio was calculated correctly. A certificate of the Administrative Agent setting forth the amount or amounts (including a reasonably detailed calculation thereof) of any such difference shall be delivered to the Borrower Representative and the applicable Borrower shall pay the Administrative Agent, on behalf of the applicable Lenders (or the applicable Lenders shall reimburse the applicable Borrower) the amount shown as due on any such certificate within ten (10) days after receipt thereof.
Applicable Percentage means (a) with respect to any U.S. Lender in respect of a U.S. Facility Credit Event, its U.S. Facility Percentage, (b) with respect to any Canadian Lender in respect of a Canadian Sub-Facility Credit Event, its Canadian Sub-Facility Percentage and (c) with respect to any European Lender in respect of a European Sub-Facility Credit Event, its European Sub-Facility Percentage.
Appraised Liquidation Percentage means the percentage net liquidation value of Inventory for the applicable Borrower determined on an orderly goingoutofbusinesssale basis, net of all commissions, associated costs, fees and expenses associated with such liquidation, as determined from the most recent appraisal thereof performed by a credentialed appraiser satisfactory to the Administrative Agent.
Approved Fund has the meaning assigned to such term in Section 8.04.
Approved Location means: (a) any location owned by any Borrower and as set forth in Schedule 3.14 attached hereto or identified in an inventory location report delivered under Section 5.01(g) as owned by any Borrower; (b) any location set forth on Schedule 3.14 attached hereto or identified in an inventory location report delivered under Section 5.01(g) which is leased by any Borrower and for which a fully executed Consent and Subordination Agreement
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from the applicable landlord is delivered; (c) any third party location set forth on Schedule 3.14 attached hereto or identified in an inventory location report delivered under Section 5.01(g) if: (i) a fully executed Consent and Subordination Agreement from the applicable third party vendor is delivered and (ii) such Borrower shall have taken such action as the Administrative Agent shall reasonably request to perfect and protect the applicable Agents security interest in any Collateral held at such third party location (including, without limitation, the filing of a financing statement (if applicable) in the proper jurisdiction naming the applicable third party as the debtor/bailee, such Borrower as the secured party/bailor and the applicable Agent as the assignee and notifying the debtor/bailees secured lenders of such Borrowers interest in the Inventory held by such debtor/bailee); (d) any other leased location for which a fully executed Consent and Subordination Agreement from the applicable landlord has been delivered as of the Effective Date; and (e) any third party location for which the actions described in sub-clause (i) of clause (c) have been taken as of the Effective Date.
Assignment and Assumption means an assignment and assumption entered into by a Lender and an assignee (with the consent of any party whose consent is required by Section 8.04), and accepted by the Administrative Agent, in the form of Exhibit A or any other form approved by the Administrative Agent.
Auditors Determination has the meaning assigned to such term in Section 10.14(c)(ii).
Availability Period means the period from and including the Effective Date to but excluding the earlier of the Maturity Date and the date of termination of the Commitments.
Average Dilution Percentage means, for any period, the percentage calculated by the Administrative Agent by dividing the Dilution of accounts receivables occurring during such period for the applicable Borrower by the gross sales for such period for the applicable Borrower and multiplying the resulting quotient by 100.
Average Aggregate Borrowing Base Capacity has the meaning assigned to such term in Section 5.19.
Bail-In Action means the exercise of any Write-Down and Conversion Powers by the applicable EEA Resolution Authority in respect of any liability of an EEA Financial Institution.
Bail-In Legislation means, with respect to any EEA Member Country implementing Article 55 of Directive 2014/59/EU of the European Parliament and of the Council of the European Union, the implementing law for such EEA Member Country from time to time which is described in the EU Bail-In Legislation Schedule.
Bank Product Amount has the meaning set forth in the definition of Bank Products.
Bank Product Obligations means all indebtedness, liabilities, obligations, covenants and duties of any Loan Party or any of its Subsidiaries to any Lender or any Affiliate of any Lender, of every kind, nature and description arising under or in respect of any Bank Product (including arising under or in respect of any Guarantee thereof), whether direct or indirect,
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absolute or contingent, due or not due, contractual or tortious, liquidated or unliquidated. Bank Product Obligations shall not include any Excluded Swap Obligations or any indebtedness, liabilities, obligations, covenants or duties of any Loan Party or any of its Subsidiaries to the Second Lien Term Lender under the Second Lien Documents.
Bank Product Reserve means, at any time, an amount equal to the sum of all Bank Product Amounts associated with all of the then outstanding Bank Products. With respect to any particular Bank Product, the Bank Product Reserve shall equal the Bank Product Amount for such Bank Product or a lesser amount as may equal the actual obligation of any Loan Party or any of its Subsidiaries as determined utilizing the methodology agreed to with respect to such Bank Product between the applicable Lender and such Loan Party or Subsidiary. With respect to any calculation of the amounts to be included in the Bank Product Reserve which is less than an established Bank Product Amount, the Administrative Agent shall have no obligation to determine the amount thereof. The Borrower Representative and/or the applicable Lender shall provide the Administrative Agent written notice of the amount and a reasonably detailed calculation thereof; provided that no such notice with respect to a Bank Product may be delivered more than once each week. In absence of any such notice, the amount included in the Bank Product Reserve shall equal the Bank Product Amount established with respect to the Bank Product in question. The Bank Product Amount applicable to any Bank Product shall not be included in calculating the Bank Product Reserve for the U.S. Borrowing Base if on the first date that such Bank Product Amount is to be included in the Bank Product Reserve, the inclusion of such amount therein will cause the U.S. Availability to be less than $20,000,000 as calculated after giving pro forma effect to such Bank Product Amount and based on the most recent Borrowing Base Certificate then most recently delivered.
Bank Products means any of the following that a Lender or an Affiliate of a Lender provides to, or enters into with, any Loan Party or any of its Subsidiaries:
(a) any deposit, lockbox or other cash management arrangement;
(b) any Swap Agreement permitted under Section 5.18 hereof; and
(c) any other product, service or agreement pursuant to which any Loan Party or any of its Subsidiaries may be indebted to a Lender or to an Affiliate of a Lender if such arrangement is permitted or not restricted under the terms of this Agreement;
provided that for any of the foregoing to be included as a Secured Obligation for the purposes of a distribution under Section 2.18(b): (i) the applicable Lender or Affiliate of a Lender and the Borrower Representative must have previously provided the Administrative Agent written notice of: (A) the existence of such Bank Product, (B) the Lenders or such Affiliates and the applicable Loan Partys or such Subsidiarys agreement as to the maximum dollar amount of the obligations arising under such Bank Product that may be included in a reserve under the applicable Borrowing Base (the Bank Product Amount) and (C) the methodology agreed upon by the Lender and the Borrower Representative to determine the Bank Product Amount; and (ii) the Bank Product Amount applicable to such Bank Product shall not, on the first date that such Bank Product Amount is to be included in the Bank Product Reserve for the U.S. Borrower, cause the U.S. Availability to be less than $20,000,000 as calculated in accordance with the
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definition of Bank Product Reserve for the U.S. Borrowing Base. If the applicable Lender or Affiliate of a Lender and the Borrower Representative do not provide such information to the Administrative Agent or if including the related Bank Product Amount in the Bank Product Reserve as described in clause (ii) immediately above would cause the U.S. Availability to be less than $20,000,000, such Bank Product shall be an Unreserved Bank Product and shall not be entitled to the benefits of Section 2.18(b). The Administrative Agent shall provide the Banks with notice of the establishment of each Bank Product that is not an Unreserved Bank Product. After any of the foregoing have been established as a Bank Product hereunder and as long as no Event of Default exists, the Bank Product Amount may thereafter be changed by written notice to the Administrative Agent pursuant to an agreement between the applicable Lender and the Borrower Representative; provided that (x) no change in a Bank Product Amount may cause the Revolving Exposure Limitations to not be satisfied and (y) a Bank Product Amount may not be changed more than once each week.
Bankruptcy Event means, with respect to any Person, when such Person becomes the subject of a bankruptcy, administration, reorganization (by way of voluntary arrangement, scheme of arrangement or otherwise, but excluding any solvent reorganization) or insolvency proceeding, or has had a receiver, administrative receiver, liquidator, compulsory manager, interim receiver, monitor, conservator, trustee, administrator, custodian, assignee for the benefit of creditors or similar Person charged with the reorganization, administration or liquidation of its business, appointed for it, or, in the good faith determination of the Administrative Agent, has had a moratorium of any indebtedness, suspension of payments, has taken any action in furtherance of, or indicating its consent to, approval of, or acquiescence in, any such proceeding or appointment, provided that a Bankruptcy Event shall not result solely by virtue of any ownership interest, or the acquisition of any ownership interest, in such Person by a Governmental Authority or instrumentality thereof, unless such ownership interest results in or provides such Person with immunity from the jurisdiction of courts within the U.S. or from the enforcement of judgments or writs of attachment on its assets or permits such Person (or such Governmental Authority or instrumentality), to reject, repudiate, disavow or disaffirm any contracts or agreements made by such Person.
Beneficial Owner means, with respect to any U.S. Federal withholding Tax, the beneficial owner, for U.S. Federal income tax purposes, to whom such Tax relates.
Benefit Arrangement means at any time an employee benefit plan within the meaning of Section 3(3) of ERISA which is not a Plan or a Multiemployer Plan and which is maintained or otherwise contributed to by any member of the ERISA Group.
Board means the Board of Governors of the Federal Reserve System of the U.S.
Borrowers means, collectively, the U.S. Borrower, the Canadian Borrower, the Swiss Borrower and the U.K. Borrower, and Borrower means individually any of the Borrowers; and from and after the German Borrower Effective Date, the German Borrower.
Borrower Representative has the meaning assigned to such term in Section 11.01.
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Borrowing means (a) Revolving Loans of the same Type, made, converted or continued on the same date and, in the case of Eurodollar Loans and CDOR Rate Loans, as to which a single Interest Period is in effect, (b) a Swingline Loan, and (c) a Protective Advance.
Borrowing Bases means, at any time, collectively, the Canadian Borrowing Base, the German Borrowing Base, the Swiss Borrowing Base, the U.K. Borrowing Base and the U.S. Borrowing Base.
Borrowing Base Certificate means a certificate, setting forth the calculation of each Borrowing Base, signed and certified as accurate and complete by a senior financial officer of the Borrower Representative, in substantially the form of Exhibit B or another form which is acceptable to the Administrative Agent in its sole discretion.
Borrowing Base Deduction means any item included in a Reserve, the calculation of the Dilution Percentage or an ineligible category, in each case with respect to the applicable Borrowing Base.
Borrowing Request means a request by the Borrower Representative for a Revolving Borrowing in accordance with Section 2.03.
Borrowing Subsidiary Agreement means a Borrowing Subsidiary Agreement substantially in the form of Exhibit F and/or such other agreement reasonably acceptable to the Administrative Agent and the Borrower Representative.
Business Day means any day that is not a Saturday, Sunday or other day on which commercial banks in New York City are authorized or required by law to remain closed; provided that, (a) when used in connection with a Eurodollar Loan or a European Swingline Loan, the term Business Day shall also exclude any day on which banks are not open for dealings in the relevant Agreed Currency in the London interbank market or the principal financial center of such Agreed Currency (and, if the Borrowings or LC Disbursements which are the subject of a borrowing, drawing, payment, reimbursement or rate selection are denominated in Euro, the term Business Day shall also exclude any day on which the TARGET2 payment system is not open for the settlement of payments in Euro) and (b) when used in connection with any Loan denominated in Canadian Dollars, the term Business Day shall also exclude any day which is a holiday (as defined in the Interpretation Act (Canada)) in Toronto, Ontario, and any other day on which commercial banks in Toronto, Canada are authorized or required by law to remain closed.
Call Spread means an option transaction entered into by the U.S. Borrower in connection with the issuance of the Convertible Bonds and the repurchase of its common stock with certain of the proceeds thereof pursuant to which the U.S. Borrower will purchase a call option with respect to its common stock while simultaneously writing a call option on the same quantity of stock at a higher strike price than the strike price on the call option purchased.
Canada means, collectively, Canada and each province and territory thereof.
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Canadian Benefit Plans means any plan, fund, program, or policy, whether oral or written, formal or informal, funded or unfunded, insured or uninsured, registered or unregistered, providing employee benefits, including medical, hospital care, dental, sickness, accident, disability, life insurance, pension, retirement, profit sharing, welfare or savings benefits, maintained or sponsored by or under which any Canadian Loan Party or any Subsidiary of any Canadian Loan Party has any liability with respect to any of their respective employees or former employees, but excluding any Canadian Pension Plans and any plan maintained by the Government of Canada or the Government of any province of Canada including the Canada Pension Plan, Employment Insurance and workers compensation benefits plans.
Canadian Borrower means Elizabeth Arden (Canada) Limited, a corporation organized under the laws of the Province of Ontario, Canada.
Canadian Borrowing means a Revolving Borrowing comprised of Canadian Revolving Loans.
Canadian Borrowing Base means, as of any date, the sum of the following, determined as of such date, without duplication:
(a) Eligible Accounts Receivable. The product of the Advance Percent multiplied by the aggregate amount of the Canadian Borrowers Eligible Accounts Receivable; minus
(b) Reserves. Reserves pertaining to the Canadian Borrower.
The Canadian Borrowing Base will be calculated without duplication of any Borrowing Base Deduction for the Canadian Borrower.
Canadian Borrowing Base Capacity has the meaning assigned to such term in Section 5.19.
Canadian Collateral Documents means the Canadian Pledge Agreement, the Canadian Security Agreement and each other pledge agreement, security agreement, deed of hypothec, charge, debenture or other collateral agreement that is entered into by any Canadian Loan Party (or any share pledge with respect to the shares of any Canadian Loan Party) in favor of the Administrative Agent, securing all or any portion of the Foreign Secured Obligations, in each case, in form and substance reasonably satisfactory to the Administrative Agent and entered into pursuant to the terms of this Agreement or any other Loan Document.
Canadian Commitment means, with respect to each Canadian Lender, the commitment, if any, of such Canadian Lender to make Canadian Revolving Loans and to acquire participations in Canadian Protective Advances hereunder, expressed as an amount representing the maximum possible aggregate amount of such Canadian Lenders Canadian Committed Exposure hereunder, as such commitment may be (a) reduced from time to time pursuant to Section 2.09, (b) reduced or increased from time to time pursuant to assignments by or to such Canadian Lender pursuant to Section 8.04, and (c) increased from time to time pursuant to Section 2.09. The initial amount of each Canadian Lenders Canadian Commitment is set forth on the Commitment Schedule, or in the Assignment and Assumption pursuant to which such Canadian Lender shall have assumed its Canadian Commitment, as applicable. The initial aggregate amount of the Canadian Lenders Canadian Commitments is $15,000,000.
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Canadian Committed Exposure means: (a) at any time of determination and with respect to all the Canadian Lenders, the sum of the following, without duplication: (i) the aggregate U.S. Dollar Amount of Canadian Loans then outstanding; plus (ii) the U.S. Dollar Amount of all interest, expenses, fees or other amounts both accrued and owed to the Administrative Agent or the Canadian Lenders under all of the Loan Documents, and (b) at any time of determination and when determined with respect to a Canadian Lender, the sum of the following, without duplication: (i) the aggregate U.S. Dollar Amount of Canadian Loans held by such Canadian Lender then outstanding; plus (ii) the Canadian Lenders participation or other interest in the Canadian Swingline Loans; plus (iii) all interest, expenses, fees or other amounts both accrued and owed to such Canadian Lender under all of the Loan Documents. When the Canadian Committed Exposure of the Swingline Lender is determined in its capacity as a Canadian Lender hereunder, its Canadian Sub-Facility Percentage of the Canadian Swingline Loans then outstanding shall be included instead of the total amount of all Canadian Swingline Loans.
Canadian Defined Benefit Plan means a Canadian Pension Plan, including any Canadian Multi-Employer Pension Plan that contains a defined benefit provision, as defined in subsection 147.1(1) of the ITA.
Canadian Dollars and Cdn.$ means lawful currency of Canada.
Canadian Insolvency Laws means each of the Bankruptcy and Insolvency Act (Canada), the Companies Creditors Arrangement Act (Canada), and the Winding-Up and Restructuring Act (Canada), each as now and hereafter in effect, any successors to such statutes and any other applicable insolvency or other similar law of Canada or any province or territory thereof, including any law of Canada or any province or territory thereof permitting a debtor to obtain a stay or a compromise of the claims of its creditors against it.
Canadian Lender means a Lender with a Canadian Commitment or holding Canadian Revolving Loans.
Canadian Loans means the Canadian Revolving Loans, the Canadian Swingline Loans and the Canadian Protective Advances, collectively.
Canadian Loan Parties means, collectively, the Canadian Borrower and each Canadian Subsidiary Guarantor that becomes a party hereto and/or to the Canadian Security Agreement.
Canadian Multi-Employer Pension Plan means a Canadian Pension Plan maintained pursuant to a collective bargaining agreement, or other arrangement under which more than one employer makes contributions and to which a Canadian Loan Party is making or accruing an obligation to make contributions or has within the preceding five years made or accrued such contributions, but does not include the Canada Pension Plan as maintained by the Government of Canada.
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Canadian Pension Plan means a registered pension plan, as such term is defined in subsection 248(1) of the Income Tax Act, which is or was sponsored, administered or contributed to, or required to be contributed to, by any Canadian Loan Party or under which any Canadian Loan Party has or may incur any actual or contingent liability.
Canadian Pension Termination Event means (a) the withdrawal of a Canadian Loan Party or any Subsidiary of a Canadian Loan Party from a Canadian Defined Benefit Plan that gives rise to an obligation to make contributions to amortize a funding deficiency of such plan in respect of employees or former employees of a Canadian Loan Party or any Subsidiary of a Canadian Loan Party, (b) the giving or the filing, pursuant to applicable laws, of a notice by a Canadian Loan Party or any Subsidiary of a Canadian Loan Party of its intent to terminate in whole or in part a Canadian Defined Benefit Plan or the filing of an amendment by a Canadian Loan Party or any Subsidiary of a Canadian Loan Party with the applicable Governmental Authority which terminates a Canadian Defined Benefit Plan, in whole or in part, (c) the institution of proceedings by any Governmental Authority to terminate a Canadian Defined Benefit Plan, in whole or in part, or have a replacement administrator or trustee appointed to administer a Canadian Defined Benefit Plan, (d) any other event or condition which, under applicable law, might reasonably constitute grounds for the termination or winding up of a Canadian Defined Benefit Plan, in whole or in part, or the appointment by any Governmental Authority of a replacement administrator or trustee to administer such a Canadian Defined Benefit Plan, (e) any failure by a Canadian Loan Party to make full payment when due of all amounts which, under the terms of any Canadian Pension Plan or applicable Law, the Canadian Loan Party is required to pay as contributions or premiums thereto, or (f) any other action or event with respect to any Canadian Pension Plan which could reasonably be expected to result in any material liability of any Canadian Loan Party.
Canadian Pledge Agreement means that certain Canadian Pledge Agreement (including any and all supplements thereto), dated as of the date hereof, made by Elizabeth Arden International Holding, Inc. in favor of the Administrative Agent, for the benefit of the Secured Parties.
Canadian Prime Rate means, on any day, the rate determined by the Administrative Agent to be the higher of (a) the rate equal to the PRIMCAN Index rate that appears on the Bloomberg screen at 10:15 a.m. Toronto time on such day (or, in the event that the PRIMCAN Index is not published by Bloomberg, any other information services that publishes such index from time to time, as selected by the Administrative Agent in its reasonable discretion) and (b) the CDOR Rate for 30 day Canadian Dollar bankers acceptances that appears on the Reuters Screen CDOR Page (or, in the event such rate does not appear on such page or screen, on any successor or substitute page or screen that displays such rate, or on the appropriate page of such other information service that publishes such rate from time to time, as selected by the Administrative Agent in its reasonable discretion) at 10:15 a.m. Toronto time on such day, plus 1% per annum; provided, that if any the above rates shall be less than zero, such rate shall be deemed to be zero. Any change in the Canadian Prime Rate due to a change in the PRIMCAN Index or the CDOR Rate shall be effective from and including the effective date of such change in the PRIMCAN Index or CDOR Rate, respectively.
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Canadian Priority Payables means, at any time, with respect to the Canadian Borrowing Base:
(a) the amount past due and owing by any Canadian Loan Party (or any other Person for which any Canadian Loan Party has joint and several liability), or the accrued amount for which each Canadian Loan Party has an obligation (whether several, or joint and several) to remit to a Governmental Authority or other Person pursuant to any applicable law, rule or regulation, in respect of (i) pension fund obligations, including employee and employer pension plan contributions (including normal cost, special payments and any other payments in respect of any funding deficiencies or shortfalls), (ii) employment insurance, (iii) goods and services Taxes, harmonized sales Taxes, sales Taxes, retail sales Taxes, excise Taxes, employee income Taxes and other Taxes payable or to be remitted or withheld, (iv) workers compensation, (v) wages, salaries, commission or compensation, including vacation pay, severance pay and employee deductions, (vi) obligations under the Canada Pension Plan or any equivalent under the laws of any province of Canada, (vii) obligations pursuant to the Wage Earner Protection Program Act (Canada), as amended, (viii) government royalties, and (ix) other charges, demands and statutory claims; in each case in respect of which any Governmental Authority or other Person may claim a security interest, hypothec, prior claim, trust or other claim or Lien ranking or capable of ranking in priority to or pari passu with one or more of the Liens granted pursuant to the Loan Documents; and
(b) the aggregate amount of any other liabilities of the Canadian Loan Parties (or any other Person for which any Canadian Loan Party has joint and several liability) (i) in respect of which a trust (deemed or otherwise) has been or may be imposed on any Accounts of any Canadian Loan Party to provide for payment or (ii) which are secured by a security interest, hypothecation, prior claim, pledge, charge, right, or claim or other Lien on any Collateral of any Canadian Loan Party, in each case pursuant to any applicable law, rule or regulation and which trust, security interest, hypothecation, prior claim, pledge, charge, right, claim or other Lien ranks or is capable of ranking in priority to or pari passu with one or more of the Liens granted in the Loan Documents.
Canadian Priority Payables Reserve means, on any date of determination for the Canadian Borrowing Base, a reserve established from time to time by the Administrative Agent in the exercise of its Permitted Discretion in such amount as the Administrative Agent may determine in respect of Canadian Priority Payables of the Canadian Borrower and the other Canadian Loan Parties.
Canadian Protective Advance has the meaning assigned to such term in Section 2.04.
Canadian Revolving Loan means a Loan to the Canadian Borrower made pursuant to Section 2.01 in either Dollars or Canadian Dollars.
Canadian Security Agreement means that certain Canadian Security Agreement (including any and all supplements thereto), dated as of the date hereof, made by the Canadian Borrower in favor of the Administrative Agent, for the benefit of the Secured Parties.
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Canadian Sub-Facility means the senior secured revolving credit sub-facility for the Canadian Borrower established pursuant to Article II.
Canadian Sub-Facility Credit Event means a Canadian Borrowing, the making of a Canadian Swingline Loan or Canadian Protective Advance that the Canadian Lenders are required to participate in pursuant to the terms hereof, or any of the foregoing.
Canadian Sub-Facility Percentage means, with respect to any Canadian Lender, the fraction expressed as a percentage determined by dividing such Canadian Lenders Canadian Commitment by the aggregate Canadian Commitments of all Canadian Lenders; provided that, if the Canadian Commitments have terminated or expired, the Canadian Sub-Facility Percentage shall be determined based upon such Canadian Lenders share of the aggregate Canadian Committed Exposures of all Canadian Lenders at that time; provided that, in accordance with Section 2.20, so long as any Canadian Lender shall be a Defaulting Lender, such Canadian Lenders Canadian Commitment shall be disregarded in the foregoing calculation.
Canadian Subsidiary Guarantor means each Material Foreign Subsidiary organized under the federal laws of Canada or any province or territory thereof.
Canadian Swingline Loan has the meaning assigned to such term in Section 2.05.
Capital Expenditures means, with respect to any Person, without duplication, any expenditure for any purchase or other acquisition of any asset which would be classified as a fixed or capital asset on a consolidated balance sheet of such Person prepared in accordance with GAAP less any cash proceeds received from the disposition of any asset permitted by Section 5.11(b) less expenditures of such Person made in connection with any Permitted Acquisition to the extent included in such expenditures.
Capital Impairment has the meaning assigned to such term in Section 10.14(a).
Capitalized Lease means any lease which is or should be capitalized on the balance sheet of the lessee thereunder in conformity with GAAP (determined without giving effect to any change in the accounting for leases under GAAP resulting from the implementation of the proposed Accounting Standards Update (ASU) Leases (Topic 840) issued August 17, 2010) or any successor proposal).
Capitalized Lease Obligations means, with respect to any Person, the amount of the liability under all Capitalized Leases of such Person as at any date, determined in accordance with GAAP (determined without giving effect to any change in the accounting for leases under GAAP resulting from the implementation of the proposed Accounting Standards Update (ASU) Leases (Topic 840) issued August 17, 2010 or any successor proposal).
Cash Flow has the meaning specified in Section 5.19.
CCAA Plan has the meaning assigned to such term in Section 8.24.
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CDOR Rate means, for an interest period equal to one, two, three or six months (or nine or twelve months, if acceptable to all Canadian Lenders), as selected by the Canadian Borrower, the Canadian deposit offered rate which, in turn means on any day the sum of (a) the annual rate of interest determined with reference to the arithmetic average of the discount rate quotations of all institutions listed in respect of the relevant interest period for Canadian Dollar-denominated bankers acceptances displayed and identified as such on the Reuters Screen CDOR Page as defined in the International Swaps and Derivatives Association, Inc. definitions, as modified and amended from time to time (the CDOR Screen Rate), as of 10:00 a.m. Toronto local time on the first day of the applicable interest period and, if such day is not a business day, then on the immediately preceding business day (as adjusted by the Administrative Agent after 10:00 a.m. Toronto local time to reflect any error in the posted rate of interest or in the posted average annual rate of interest) plus (b) 0.10% per annum; provided that (x) if the CDOR Screen Rate shall be less than zero, such rate shall be deemed to be zero and (y) if the CDOR Screen Rate is not available on the Reuters Screen CDOR Page on any particular day, then the Canadian deposit offered rate component of such rate on that day shall be calculated as the cost of funds quoted by the Administrative Agent to raise Canadian Dollars for the applicable interest period at or about 10:00 a.m. Toronto local time on such day for commercial loans or other extensions of credit to businesses of comparable credit risk; or if such day is not a business day, then as quoted by the Administrative Agent on the immediately preceding business day.
CFC means a controlled foreign corporation under Section 957 of the Code.
CFC Holding Company means (a) a Domestic Subsidiary (i) with no material assets or business activities other than the ownership or management of Equity Interests in, or Indebtedness of, one or more CFCs and (ii) does not incur, and is not otherwise liable for, any Indebtedness other than Indebtedness constituting intercompany Indebtedness permitted under this Agreement or (b) a passthrough entity (including a partnership or disregarded entity for U.S. federal income tax purposes) that owns directly or indirectly Equity Interests in, or Indebtedness of, one or more CFCs.
Change of Control means the occurrence of any of the following: (a) the sale, lease, transfer, conveyance or other disposition (other than by way of merger or consolidation), in one or a series of related transactions, of all or substantially all of the assets of the U.S. Borrower and its Subsidiaries taken as a whole to any person (as such term is used in Section 13(d)(3) of the Exchange Act) other than the Principals or their Specified Parties, (b) the adoption of a plan relating to the liquidation or dissolution of the U.S. Borrower, (c) the consummation of any transaction or series of transactions (including, without limitation, any merger or consolidation) the result of which is that any person (as defined above) becomes the beneficial owner (as such term is defined in Rule 13d3 and Rule 13d5 under the Exchange Act), directly or indirectly, of (i) 35% or more of the voting Equity Interests of the U.S. Borrower and (ii) more of the voting Equity Interests of the U.S. Borrower than are, in the aggregate, beneficially owned by the Principals and their Specified Parties at the time of such consummation, (d) the first day on which a majority of the members of the Board of Directors of the U.S. Borrower are not Continuing Directors, (e) a change of control shall occur as defined in the Senior Notes or (f) the U.S. Borrower shall cease to own, free and clear of all Liens (other than Liens permitted by Section 5.10), at least 100% of the outstanding voting Equity Interests of the other Borrowers on a fully diluted basis. For purposes of this definition, any transfer of an Equity Interest of a Person that was formed for the purpose of acquiring voting Equity Interests of the U.S. Borrower shall be deemed to be a transfer of such portion of such voting Equity Interests as corresponds to the portion of the Equity Interests of such Person that has been transferred.
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Change in Law means the occurrence after the date of this Agreement (or, with respect to any Lender, such later date on which such Lender becomes a party to this Agreement) of any of the following: (a) the adoption of or taking effect of any law, rule, regulation or treaty; (b) any change in any law, rule, regulation or treaty or in the administration, interpretation, implementation or application thereof by any Governmental Authority; or (c) compliance by any Lender or the Issuing Bank (or, for purposes of Section 2.15(b), by any lending office of such Lender or by such Lenders or the Issuing Banks holding company, if any) with any request, guideline, requirement or directive (whether or not having the force of law) of any Governmental Authority made or issued after the date of this Agreement (or, with respect to any Lender, such later date on which such Lender becomes a party to this Agreement); provided that notwithstanding anything herein to the contrary, (x) the Dodd-Frank Wall Street Reform and Consumer Protection Act and all requests, rules, guidelines, requirements or directives thereunder or issued in connection therewith or in the implementation thereof, or any European equivalent regulation (such as the European Market and Infrastructure Regulation) and (y) all requests, rules, guidelines, requirements or directives promulgated by the Bank for International Settlements, the Basel Committee on Banking Supervision (or any successor or similar authority) or the United States or foreign regulatory authorities, in each case pursuant to Basel III, shall in each case be deemed to be a Change in Law, regardless of the date enacted, adopted, issued or implemented.
Charges has the meaning assigned to such term in Section 8.17.
Class, when used in reference to (a) any Loan or Borrowing, refers to whether such Loan, or the Loans comprising such Borrowing, are U.S. Revolving Loans, Canadian Revolving Loans, European Revolving Loans, Swingline Loans or Protective Advances and (b) any Commitment, refers to whether such Commitment is a U.S. Commitment, a Canadian Commitment or a European Commitment.
Co-Documentation Agent means each of Wells Fargo Bank, National Association and HSBC Bank USA, N.A. in its capacity as co-documentation agent for the credit facility evidenced by this Agreement.
Code means the Internal Revenue Code of 1986, as amended from time to time.
Collateral means any and all property of a Loan Party covered by the Collateral Documents and any and all other property of any Loan Party, now existing or hereafter acquired, that may at any time be, become or be intended to be, subject to a Lien in favor of the Administrative Agent, on behalf of itself and the Lenders and other Secured Parties, to secure the Secured Obligations.
Collection Account means any collection account maintained by a European Loan Party with the Administrative Agent, a Lender or an Affiliate of a Lender or another financial institution acceptable to the Administrative Agent.
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Collateral Documents means, collectively, the Canadian Collateral Documents, the German Collateral Documents, the Swiss Collateral Documents, the U.K. Collateral Documents and the U.S. Collateral Documents and any other agreements, instruments and documents executed in connection with this Agreement that are intended to create, perfect or evidence Liens to secure any of the Secured Obligations.
Commitment means any Canadian Commitment, European Commitment and U.S. Commitment and Commitments means all such Commitments collectively.
Commitment Fee Rate means, as of any date referenced in Section 2.12, a rate equal to 0.375%.
Commitment Schedule means the Schedule attached hereto identified as such.
Committed Exposure means, as to any Lender at any time, the sum of such Lenders Canadian Committed Exposure, European Committed Exposure and U.S. Committed Exposure,
Commodity Exchange Act means the Commodity Exchange Act (7 U.S.C. § 1 et seq.), as amended from time to time, and any successor statute.
Communications has the meaning assigned to such term in Section 8.01(d).
Connection Income Taxes means Other Connection Taxes that are imposed on or measured by net income (however denominated) or that are franchise Taxes, branch profits Taxes or any U.K. Bank Levy.
Compliance Certificate means a certificate of an authorized signatory of the Borrower, in substantially the form of Exhibit C or any other form approved by the Administrative Agent, containing the information required by Section 5.01(c).
Consent and Subordination Agreement means: (a) any consent and subordination agreement which has been executed and delivered for the benefit of the U.S. Collateral Agent or the Administrative Agent and is in effect as of the Effective Date; and (b) a consent and subordination agreement substantially in the form of Exhibit D hereto or such other form as the Administrative Agent may reasonably approve.
Concentration Account means a deposit account established at the Administrative Agent by any Borrower and controlled by the Administrative Agent for the benefit of the Secured Parties in which all funds received through the Lockbox Accounts shall be deposited.
Consolidated EBITDA means, for any period, Consolidated Net Income for such period, plus (a) the sum of (i) Consolidated Net Interest Expense, (ii) depreciation, amortization and other non-cash charges, (iii) losses on asset sales, exchanges, transfers or other dispositions, (iv) extraordinary, restructuring or other nonrecurring losses or charges, and (v) income tax expense, less (b) the sum of (i) gains on asset sales, exchanges, transfers or other dispositions, (ii) extraordinary or other non-recurring gains or credits, and (iii) income attributable to noncash items or other non-cash credits, in each case to the extent included in arriving at such net income (or loss) for such period and determined in accordance with GAAP.
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Consolidated Net Income means, for any period, the consolidated net income (or loss) of the U.S. Borrower and its Consolidated Subsidiaries for such period (determined without giving effect to any change in the accounting for leases under GAAP resulting from the implementation of the proposed Accounting Standards Update (ASU) Leases (Topic 840) issued August 17, 2010 or any successor proposal).
Consolidated Net Interest Expense means, for any period, the cash interest expense of the U.S. Borrower and its Consolidated Subsidiaries for such fiscal period, determined on a consolidated basis in accordance with GAAP (determined without giving effect to any change in the accounting for leases under GAAP resulting from the implementation of the proposed Accounting Standards Update (ASU) Leases (Topic 840) issued August 17, 2010 or any successor proposal).
Consolidated Subsidiary means at any date any Subsidiary or other entity the accounts of which would be consolidated with those of the U.S. Borrower in its consolidated financial statements if such statements were prepared as of such date.
Consolidated Total Debt means at any date, the Indebtedness of the U.S. Borrower and its Consolidated Subsidiaries, determined on a consolidated basis at such date.
Continuing Directors means, as of any date of determination, any member of the Board of Directors of the U.S. Borrower who (a) was a member of such Board of Directors on March 31, 2016 or (b) was nominated for election or elected to such Board of Directors with the approval of a majority of the Continuing Directors who were members of such Board of Directors at the time of such nomination or election.
Contribution Notice means a contribution notice issued by the Pensions Regulator under s38 or s47 of the Pensions Act 2004 (U.K.).
Control means the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of a Person, whether through the ability to exercise voting power, by contract or otherwise. Controlling and Controlled have meanings correlative thereto.
Convertible Bonds means unsecured bonds issued or to be issued by the U.S. Borrower with the option to convert the amounts owing pursuant thereto to common stock of the U.S. Borrower and otherwise on such terms and conditions as are satisfactory to the Administrative Agent in all respects.
Corresponding Debt has the meaning assigned to such term in Section 7.12(e)(i).
Credit Event means a Borrowing, the issuance, amendment, renewal or extension of a Letter of Credit, an LC Disbursement or any of the foregoing.
Credit Party means the Administrative Agent, the U.S. Collateral Agent, the Issuing Bank, the Swingline Lender or any other Lender.
Customer has the meaning assigned to such term in Section 2.17(j).
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Debt Service has the meaning specified in Section 5.19.
Debt Service Pricing Ratio means, as of any fiscal quarter end, the ratio of the following calculated for the U.S. Borrower and its Consolidated Subsidiaries on a consolidated basis in accordance with GAAP as of the end of such fiscal quarter for the preceding twelve months:
(a) the sum of (i) Consolidated EBITDA minus (ii) Capital Expenditures which were not financed with Indebtedness permitted under clauses (e), (f) or (k) of the definition of Permitted Indebtedness; minus (iii) all income and franchise Taxes paid in cash; to
(b) the sum of: (i) Consolidated Net Interest Expense; plus (ii) regularly scheduled principal payments made in respect of Indebtedness during such twelve month period; plus (iii) all cash dividends paid on the Equity Interests of the U.S. Borrower during such period.
Default means any event or condition which constitutes an Event of Default or which upon notice, lapse of time or both would, unless cured or waived, become an Event of Default.
Defaulting Lender means any Lender that (a) has failed, within two Business Days of the date required to be funded or paid, to (i) fund any portion of its Loans, (ii) fund any portion of its participations in Letters of Credit or Swingline Loans or (iii) pay over to any Credit Party any other amount required to be paid by it hereunder; (b) has notified any Borrower or any Credit Party in writing, or has made a public statement, to the effect that it does not intend or expect to comply with any of its funding obligations under this Agreement or generally under other agreements in which it commits to extend credit, (c) has failed, within three Business Days after request by a Credit Party, acting in good faith, to provide a certification in writing from an authorized officer of such Lender that it will comply with its obligations (and is financially able to meet such obligations) to fund prospective Loans and participations in then outstanding Letters of Credit and Swingline Loans under this Agreement, provided that such Lender shall cease to be a Defaulting Lender pursuant to this clause (c) upon such Credit Partys receipt of such certification in form and substance satisfactory to it and the Administrative Agent, or (d) has, or its Parent has, become the subject of (i) a Bankruptcy Event or (ii) a Bail-In Action.
Deposit Account Control Agreement means an agreement, document, notice or requirement, in form and substance satisfactory to the Administrative Agent, among any Loan Party, a banking institution holding such Loan Partys funds, and the applicable Agent with respect to collection and control of all deposits and balances held in a deposit account maintained by such Loan Party with such banking institution and/or perfection of the security interest of the Administrative Agent therein.
Dilution means any reduction in the value of accounts receivables caused by returns, writeoffs, discounts, credits, allowances, and/or any other noncash offsets asserted by Account Debtors having the effect of reducing the value of the accounts receivable; provided that reductions in the value of accounts receivable arising from Allowance Accounts, customer markdowns, destroyed in field and certain other sales allowances identified by the Administrative Agent will not be considered in calculating Dilution for any Borrower if sufficient information is supplied in connection with the Administrative Agents field examination for such Borrower so that such amounts may be included in the Reserves for the applicable Borrowing Base for such Borrower in a manner and in an amount satisfactory to the Administrative Agent in its Permitted Discretion.
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Dilution Percentage means the Average Dilution Percentage for the accounts receivable of the applicable Borrower for the period selected by the Administrative Agent based on its most recent field examination for such Borrower.
Distribution Agreements means those Distribution Agreements set forth in Schedule 3.15 attached hereto.
Dividend means, as to any Person, any declaration or payment of any dividend or the making of any distribution, loan advance or investment on or with respect to any shares of a Persons Equity Interests (other than dividends or distributions payable solely in shares or other evidence of ownership of such Persons Equity Interests). Dividend shall not include the repurchase of a Persons Equity Interests.
Domestic Subsidiary means a Subsidiary organized under the laws of a jurisdiction located in the U.S.
Dominion Trigger Period means, any period of time, commencing on the date that is the earliest to occur of (a) the date upon which an Event of Default has occurred and is continuing, (b) date upon which Total Availability is less than $30,000,000 at any time or (c) March 31, 2017.
ECP means an eligible contract participant as defined in Section 1(a)(18) of the Commodity Exchange Act or any regulations promulgated thereunder and the applicable rules issued by the Commodity Futures Trading Commission and/or the SEC.
EEA Financial Institution means (a) any institution established in any EEA Member Country which is subject to the supervision of an EEA Resolution Authority, (b) any entity established in an EEA Member Country which is a parent of an institution described in clause (a) of this definition, or (c) any institution established in an EEA Member Country which is a subsidiary of an institution described in clauses (a) or (b) of this definition and is subject to consolidated supervision with its parent.
EEA Member Country means any of the member states of the European Union, Iceland, Liechtenstein, and Norway.
EEA Resolution Authority means any public administrative authority or any Person entrusted with public administrative authority of any EEA Member Country (including any delegee) having responsibility for the resolution of any EEA Financial Institution.
Effective Date means the date on which the conditions specified in Section 4.01 are satisfied (or waived in accordance with Section 8.02).
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Electronic Signature means an electronic sound, symbol, or process attached to, or associated with, a contract or other record and adopted by a Person with the intent to sign, authenticate or accept such contract or record.
Electronic System means any electronic system, including e-mail, e-fax, web portal access for any Borrower, Intralinks®, ClearPar®, Debt Domain, Syndtrak and any other Internet or extranet-based site, whether such electronic system is owned, operated or hosted by the Administrative Agent and the Issuing Bank and any of its respective Related Parties or any other Person, providing for access to data protected by passcodes or other security system.
Eligible Accounts Receivable means the face amount (net of all Taxes, including in respect of a Canadian Loan Party, goods and services tax, provincial sales taxes and harmonized sales taxes) of the applicable Borrowers Accounts for goods sold and/or services rendered by such Borrower in the ordinary course of its business which have been invoiced in the normal course of business and which satisfy each of the following requirements (unless waived by all the Lenders):
(a) the subject goods have been shipped or delivered to an Account Debtor (i) on an absolute sale basis and not on consignment, approval or a sale-or-return basis or subject to any other repurchase or return agreement, or (ii) on an open account basis, in either case with no part of the subject goods having been returned, rejected, lost or damaged;
(b) the Account is not evidenced by chattel paper or an instrument of any kind, unless such chattel paper or instrument is in the possession of the Administrative Agent or the U.S. Collateral Agent, as applicable, endorsed, if applicable, payable to the order of the Administrative Agent or the U.S. Collateral Agent, as applicable;
(c) the Account Debtor is not insolvent, the subject of any bankruptcy, insolvency, administration, reorganization (by way of voluntary arrangement scheme of arrangement or otherwise) or similar proceeding of any kind or had possession of all or a material part of its property taken by any receiver, custodian, trustee, administrative receiver, administrator, compulsory manager, liquidator or other similar officer appointed, has not made an assignment for the benefit of creditors, admitted its inability to pay its debts as they mature or suspended its business;
(d) the Account Debtor (i) is located in the United States, Canada or Puerto Rico, (ii) solely with respect to any Account Debtor of the European Borrowers, is located in any Eligible Jurisdiction or (iii) is not organized under applicable laws of the U.S., any state of the U.S., Canada or any province or territory of Canada or, solely with respect to the European Borrowers, any Eligible Jurisdiction, unless, in any such case, the Account Debtor provides a letter of credit (with terms satisfactory to the Administrative Agent) issued by a bank acceptable to the Administrative Agent or a foreign credit insurance (with terms satisfactory to the Administrative Agent) issued by a Person acceptable to the Administrative Agent;
(e) the Account is a valid, legally enforceable obligation of the Account Debtor thereunder and is not subject to any offset (other than discount for prompt payment consistent with past practices of such Borrower and contra accounts or similar obligations of such
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Borrower owing to such Account Debtor), with respect to German law governed Accounts, a current account arrangement (Kontokorrentabrede) according to section 355 of the German Commercial Code entered into with the respective Account Debtor, or other defenses on the part of such Account Debtor or to any claim on the part of such Account Debtor denying liability thereunder;
(f) the Account is subject to no Lien, except for the security interest in favor of the Administrative Agent or the U.S. Collateral Agent, as applicable, for the ratable interest of the Administrative Agent and the other Secured Parties, under the Loan Documents (which, in the case of Accounts of the U.K. Borrower, shall be a first priority assignment by way of security or a first priority fixed charge), and the security interest in favor of the Second Lien Term Lender, subject to the terms of the Intercreditor Agreement;
(g) the invoice evidencing such Account has not remained unpaid for a period exceeding (i) one hundred twenty (120) days past the date of invoice or (ii) if the applicable Account Debtor is located inside the United States and is not a retailer, one hundred fifty (150) days;
(h) to the extent the obligation is with an Account Debtor that is (i) any Governmental Authority of any country other than Canada (or any province or territory thereof) or the U.S. unless such Account is backed by a letter of credit or bank guarantee reasonably acceptable to the Administrative Agent, (ii) any Governmental Authority of the U.S., or any department, agency, public corporation, or instrumentality thereof, unless the Federal Assignment of Claims Act of 1940, as amended (31 U.S.C. § 3727 et seq. and 41 U.S.C. § 15 et seq.), and any other steps necessary to perfect the Lien of the Administrative Agent in such Account have been complied with to the Administrative Agents satisfaction or (iii) any Governmental Authority of Canada, or any province, territory, crown corporation, department, agency, public corporation, or instrumentality thereof, unless the Financial Administration Act (Canada) or other applicable Federal or provincial statutes, and any other steps necessary to perfect the Lien of the Administrative Agent in such Account, or any other precondition to assignment, have been complied with and fulfilled to the Administrative Agents satisfaction;
(i) the Account does not arise out of a transaction with any Affiliate of any Loan Party or any directors, officers or employees of any Loan Party or any of its Affiliates;
(j) no more than fifty percent (50%) of the aggregate Accounts for the same Account Debtor shall have remained unpaid for a period exceeding (i) one hundred twenty (120) days after the date of invoice or (ii) if the applicable Account Debtor is located inside the United States and is not a retailer, one hundred fifty (150) days;
(k) the Account is payable in U.S. Dollars, Canadian Dollars, Sterling, Euros or Swiss Francs;
(l) the Account is not subject to any limitation on assignment or other restriction (whether arising by operation of law, by agreement or otherwise) which would under the local governing law of the contract have the effect of restricting the assignment for or by way of security or the creation of security, in each case, unless the Administrative Agent has determined that such limitation is not enforceable;
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(m) as to which the contract or agreement underlying such Account is governed by (or, if no governing law is expressed therein, is deemed to be governed by) the laws of (i) in the case of Accounts owing to the U.S. Borrower or the Canadian Borrower, the U.S., any state thereof, the District of Columbia or Canada (or any province or territory thereof) or (ii) in the case of any European Borrower, any Eligible Jurisdiction;
(n) with respect to any Account due to the U.K. Borrower, the U.K. Distributor Agreement has not been terminated or repudiated, unless the Administrative Agent (in its sole discretion) notifies the Borrower Representative otherwise;
(o) with respect to any Account due to the German Borrower, the German Distributor Agreement has not been terminated or repudiated, unless the Administrative Agent (in its sole discretion) notifies the Borrower Representative otherwise; or
(p) the Account is not otherwise determined by the Administrative Agent to be difficult to collect, uncollectible or otherwise unacceptable for any reasons (which shall include where the Administrative Agent has received notice, pursuant to Section 5.01(q), of any termination, repudiation or amendment to any European Distribution Agreement and determines that any of the applicable Borrowers Accounts covered by such European Distribution Agreement may not be collectible by the applicable Borrower or Administrative Agent), irrespective of how many days past due, as reasonably determined by the Administrative Agent, which determination shall be final and binding.
The aggregate amount of the Eligible Accounts Receivable owed by an Account Debtor or other Person to any Borrower shall be reduced by the amount of all contra accounts and other obligations owed by such Borrower to such Account Debtor or other Person. The amount of the Eligible Accounts Receivable owed by an Account Debtor or other Person shall be reduced by the amount thereof which is subject to any setoff, discounts granted in connection with the settlement thereof, credit, counterclaim, defense, dispute, recoupment, chargeback or other adjustment. If the aggregate amount of the Accounts due from a single Account Debtor or other Person obligated thereon (other than any of the Specified Retailers) exceeds an aggregate amount equal to fifteen percent (15%) of the aggregate Eligible Accounts Receivable of all Borrowers at the time of determination, the amount of the excess shall be subtracted from the Eligible Accounts Receivable for the applicable Borrowers (without duplication). The aggregate amount of the Accounts due from each of the Specified Retailers which are eligible shall be included in Eligible Accounts Receivable without limit as long as, with respect to each such company, its or its parents credit is rated BBB- (or then equivalent grade) or better by Standard & Poors or Baa3 (or then equivalent grade) or better by Moodys Investor Service.
Eligible Jurisdiction means U.K., Ireland, France, Germany, the Netherlands, Belgium, Luxembourg, Spain, Italy, Austria, Denmark, Sweden, Finland, Portugal, Norway, Switzerland and such other jurisdiction that the Administrative Agent may from time to time designate as an Eligible Jurisdiction in its Permitted Discretion.
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Environmental Laws means any and all Federal, state, local and foreign statutes, laws, regulations, ordinances, rules, judgments, orders, decrees, permits, concessions, grants, franchises, licenses, agreements with Governmental Authorities or other governmental restrictions binding upon any Borrower or any of its Subsidiaries, as applicable, relating to the environment or to emissions, discharges or releases of pollutants, contaminants, petroleum or petroleum products, chemicals or industrial, toxic or hazardous substances or wastes into the environment including, without limitation, ambient air, surface water, ground water, or land, or otherwise relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of pollutants, contaminants, petroleum or petroleum products, chemicals or industrial, toxic or hazardous substances or wastes or the cleanup or other remediation thereof.
Equity Interests means shares of capital stock, partnership interests, membership interests in a limited liability company, beneficial interests in a trust or other equity ownership interests in a Person, and any warrants, options or other rights entitling the holder thereof to purchase or acquire any of the foregoing.
ERISA means the Employee Retirement Income Security Act of 1974 and the rules and regulations promulgated thereunder, as the same may from time to time be amended and remain in effect.
ERISA Group means the U.S. Borrower, any of its Subsidiaries and all members of a controlled group of corporations and all trades or businesses (whether or not incorporated) under common control which, together with the U.S. Borrower or any of its Subsidiaries, are treated as a single employer under Section 414 of the Internal Revenue Code.
EU Bail-In Legislation Schedule means the EU Bail-In Legislation Schedule published by the Loan Market Association (or any successor Person), as in effect from time to time.
Euro means the single currency of the Participating Member States.
Eurodollar, when used in reference to any Loan or Borrowing, refers to whether such Loan, or the Loans comprising such Borrowing, bear interest at a rate determined by reference to the Adjusted LIBO Rate.
Eurodollar Payment Office of the Administrative Agent shall mean, for each Foreign Currency, the office, branch, affiliate or correspondent bank of the Administrative Agent for such currency as specified from time to time by the Administrative Agent to the Borrower Representative and each Lender.
European Borrowers Applicable Percentage means, with respect to any European Borrower, the fraction, expressed as a percentage, determined by dividing such European Borrowers applicable European Borrowing Base (prior to giving effect to any cap on the total amount of such European Borrowing Base and the Specified European Borrowing Base Availability Reserve) in effect at such time by the aggregate amount of the European Borrowing Bases of all European Borrowers in effect at such time.
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European Borrowers means, collectively, the Swiss Borrower and the U.K. Borrower and from and after the German Borrower Effective Date, the German Borrower.
European Borrowing means a Revolving Borrowing comprised of European Revolving Loans.
European Borrowing Base Capacity has the meaning assigned to such term in Section 5.19.
European Borrowing Bases means, collectively, the German Borrowing Base, the Swiss Borrowing Base and the U.K. Borrowing Base.
European Commitment means, with respect to each European Lender, the commitment, if any, of such European Lender to make European Revolving Loans and to acquire participations in European Protective Advances hereunder, expressed as an amount representing the maximum possible aggregate amount of such European Lenders European Committed Exposure hereunder, as such commitment may be (a) reduced from time to time pursuant to Section 2.09, (b) reduced or increased from time to time pursuant to assignments by or to such European Lender pursuant to Section 8.04, and (c) increased from time to time pursuant to Section 2.09. The initial amount of each European Lenders European Commitment is set forth on the Commitment Schedule, or in the Assignment and Assumption pursuant to which such European Lender shall have assumed its European Commitment, as applicable. The initial aggregate amount of the European Lenders European Commitments is $100,000,000.
European Committed Exposure means: (a) at any time of determination and with respect to all the European Lenders, the sum of the following, without duplication: (i) the aggregate U.S. Dollar Amount of European Loans then outstanding; plus (ii) the U.S. Dollar Amount of all interest, expenses, fees or other amounts both accrued and owed to the Administrative Agent or the European Lenders under all of the Loan Documents, and (b) at any time of determination and when determined with respect to a European Lender, the sum of the following, without duplication: (i) the aggregate U.S. Dollar Amount of European Loans held by such European Lender then outstanding; plus (ii) the European Lenders participation or other interest in the European Swingline Loans; plus (iii) all interest, expenses, fees or other amounts both accrued and owed to such European Lender under all of the Loan Documents. When the European Committed Exposure of the Swingline Lender is determined in its capacity as a European Lender hereunder, its European Sub-Facility Percentage of the European Swingline Loans then outstanding shall be included instead of the total amount of all European Swingline Loans.
European Distribution Agreements means the U.K. Distributor Agreement and the German Distributor Agreement.
European Lender means a Lender with a European Commitment or holding European Revolving Loans.
European Loans means the European Revolving Loans, the European Swingline Loans and the European Protective Advances, collectively.
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European Loan Parties means, collectively, Netherlands Holding, the German Loan Parties (if applicable), the Swiss Loan Parties and the U.K. Loan Parties.
European Protective Advance has the meaning assigned to such term in Section 2.04.
European Revolving Loan means a Loan to any European Borrower made pursuant to Section 2.01 in an Agreed Currency (other than Canadian Dollars).
European Sub-Facility means the senior secured revolving credit sub-facility for the European Borrowers established pursuant to Article II.
European Sub-Facility Credit Event means a European Borrowing, the making of a European Swingline Loan or European Protective Advance that the European Lenders are required to participate in pursuant to the terms hereof, or any of the foregoing.
European Sub-Facility Percentage means, with respect to any European Lender, the fraction expressed as a percentage determined by dividing such European Lenders European Commitment by the aggregate European Commitments of all European Lenders; provided that, if the European Commitments have terminated or expired, the European Sub-Facility Percentage shall be determined based upon such European Lenders share of the aggregate European Committed Exposures of all European Lenders at that time; provided further that, in accordance with Section 2.20, so long as any European Lender shall be a Defaulting Lender, European Lenders European Commitment shall be disregarded in the foregoing calculation.
European Swingline Loan has the meaning assigned to such term in Section 2.05.
Event of Default has the meaning assigned to such term in Article VI.
Excess U.S. Borrowing Base Availability means, at any time, an amount equal to (a) the U.S. Borrowing Base (after subtracting therefrom any Temporary Increase Amount then included as part of the U.S. Borrowing Base) in effect at such time minus (b) the U.S. Committed Exposure of all U.S. Lenders at such time (after subtracting therefrom the amount of any U.S. Revolving Loans made in reliance upon the Temporary Increase Amount component of the U.S. Borrowing Base at such time).
Exchange Rate means, on any day, with respect to any Foreign Currency, the rate at which such Foreign Currency may be exchanged into U.S. Dollars, as set forth at approximately 11:00 a.m., Local Time, on such date on the Reuters World Currency Page for such Foreign Currency. In the event that such rate does not appear on any Reuters World Currency Page, the Exchange Rate with respect to such Foreign Currency shall be determined by reference to such other publicly available service for displaying exchange rates as may be reasonably selected by the Administrative Agent or, in the event no such service is selected, such Exchange Rate shall instead be calculated on the basis of the arithmetical mean of the buy and sell spot rates of exchange of the Administrative Agent for such Foreign Currency on the London market at 11:00 a.m., Local Time, on such date for the purchase of U.S. Dollars with such Foreign Currency, for delivery two (2) Business Days later; provided that, if at the time of any such determination, for any reason, no such spot rate is being quoted, the Administrative Agent, after consultation with the Borrower Representative, may use any reasonable method it deems appropriate to determine such rate, and such determination shall be conclusive absent manifest error.
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Excluded Subsidiary means a Subsidiary that is either (a) a direct or indirect Domestic Subsidiary of a CFC or (b) a CFC Holding Company.
Excluded Swap Obligation means, with respect to any Loan Party, (a) any Swap Obligation if, and to the extent that, all or a portion of the Guarantee of such Loan Party of, or the grant by such Loan Party of a security interest to secure, such Swap Obligation (or any Guarantee thereof) is or becomes illegal under the Commodity Exchange Act or any rule, regulation or order of the Commodity Futures Trading Commission (or the application or official interpretation of any provision thereof) by virtue of such Loan Partys failure for any reason to constitute an ECP at the time the Guarantee of such Loan Party or the grant of such security interest becomes or would become effective with respect to such Swap Obligation or (b) any other Swap Obligation designated as an Excluded Swap Obligation of such Guarantor as specified in any agreement between the relevant Loan Party and counterparty applicable thereto. If a Swap Obligation arises under a master agreement governing more than one swap, such exclusion shall apply only to the portion of such Swap Obligation that is attributable to swaps for which such Guarantee or security interest is or becomes illegal.
Excluded Taxes means any of the following Taxes imposed on or with respect to a Recipient or required to be withheld or deducted from a payment to a Recipient: (a) Taxes imposed on or measured by net income (however denominated), franchise Taxes, and branch profits Taxes, in each case, (i) imposed as a result of such Recipient being organized under the laws of, or having its principal office or, in the case of any Lender, its applicable lending office located in, the jurisdiction imposing such Tax (or any political subdivision thereof) or (ii) that are Other Connection Taxes; (b) in the case of a Lender, U.S. Federal and U.K. withholding Taxes (excluding (x) the portion of U.K. withholding Taxes with respect to which the applicable Lender is entitled to claim a reduction under an income tax treaty, (subject to the completion of procedural formalities), and (y) U.K. withholding Taxes on payments made by any Guarantor under any guarantee of the obligations) imposed on amounts payable to or for the account of such Lender with respect to an applicable interest in a Loan, Letter of Credit or Commitment pursuant to a law in effect on the date on which (i) such Lender acquires such interest in the Loan, Letter of Credit or Commitment (other than pursuant to an assignment request by the Borrowers under Section 2.19(b)) or (ii) such Lender changes its lending office, except in each case to the extent that, pursuant to Section 2.17, amounts with respect to such Taxes were payable either to such Lenders assignor immediately before such Lender acquired the applicable interest in a Loan, Letter of Credit or Commitment or to such Lender immediately before it changed its lending office; (c) Taxes attributable to such Recipients failure to comply with Section 2.17(f) and Section 2.17(g); (d) any U.S. Federal withholding Taxes imposed under FATCA and (e) any Taxes imposed on a specified non-resident shareholder, as defined in subsection 18(5) of the ITA.
Existing Credit Agreement shall have the meaning specified in the recitals of this Agreement.
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Existing Collection Account has the meaning assigned to such term in Section 5.20.
Existing Indebtedness shall have the meaning specified in the recitals of this Agreement.
Existing Lenders shall have the meaning specified in the recitals of this Agreement.
Existing Letters of Credit means the letters of credit originally issued by JPMCB, in its capacity as Issuing Bank under the terms of the Existing Credit Agreement, which are outstanding on the Effective Date and are listed on Schedule 1.01.
Facilities means, collectively, the U.S. Credit Facility, the Canadian Sub-Facility and the European Sub-Facility, and Facility means any one of such Facilities, individually.
FATCA means Sections 1471 through 1474 of the Code, as of the date of this Agreement (or any amended or successor version that is substantively comparable and not materially more onerous to comply with), any current or future regulations or official interpretations thereof and any agreement entered into pursuant to Section 1471(b)(1) of the Code and any intergovernmental agreement entered into with the United States in connection with such Sections of the Code.
Federal Funds Effective Rate means, for any day, the rate calculated by the NYFRB based on such days federal funds transactions by depositary institutions (as determined in such manner as the NYFRB shall set forth on its public website from time to time) and published on the next succeeding Business Day by the NYFRB as the federal funds effective rate; provided, that if the Federal Funds Effective Rate is less than zero, such rate shall be deemed to be zero.
Financial Officer means the chief financial officer, principal accounting officer, treasurer or controller of a Borrower.
Financial Support Direction means a financial support direction issued by the Pensions Regulator pursuant to Section 43 of the Pensions Act 2004 (U.K.).
Financing Transactions means the execution and delivery of the Loan Documents, and the performance of the transactions contemplated by the Loan Documents, including the borrowing of the Loans and the issuance of Letters of Credit.
Foreign Borrowers means, collectively, the Canadian Borrower and the European Borrowers.
Foreign Borrowing means a Canadian Borrowing or European Borrowing, as applicable.
Foreign Collateral Documents means, collectively, the Canadian Collateral Documents, the Netherlands Collateral Documents, the German Collateral Documents, the Swiss Collateral Documents and the U.K. Collateral Documents.
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Foreign Commitments means, collectively, the Canadian Commitment and the European Commitment.
Foreign Currencies means Agreed Currencies other than U.S. Dollars.
Foreign Guarantors means Netherlands Holding, Swiss Holding, the Canadian Subsidiary Guarantors, the German Subsidiary Guarantors (if applicable), the Swiss Subsidiary Guarantors and the U.K. Subsidiary Guarantors.
Foreign Lender means (a) if a Borrower is a U.S. Person, a Lender, with respect to such Borrower, that is not a U.S. Person, and (b) if a Borrower is not a U.S. Person, a Lender, with respect to such Borrower, that is resident or organized under the laws of a jurisdiction other than that in which such Borrower is resident for tax purposes.
Foreign Loan Parties means, collectively, the Canadian Loan Parties and the European Loan Parties.
Foreign Loan Party Group means a group consisting of the Canadian Loan Parties or the European Loan Parties, as applicable.
Foreign Pension Plan means any pension plan, pension undertaking, supplemental pension, defined benefit pension scheme, occupational pension scheme, retirement savings or other retirement income plan, obligation or arrangement or any kind that is not subject to U.S. law and that is established, maintained or contributed to by any Loan Party or any of its Subsidiaries or Affiliates in respect of which any Loan Party or any of its Subsidiaries or Affiliates has any liability, obligation or contingent liability; provided that, the term Foreign Pension Plan shall not include any Canadian Pension Plan.
Foreign Secured Obligations means all Secured Obligations of the Foreign Loan Parties or, in the case of Bank Product Obligations, any other Foreign Subsidiaries of the Loan Parties. For the avoidance of doubt, the Foreign Secured Obligations exclude all Secured Obligations of the U.S. Loan Parties.
Foreign Subsidiary means any Subsidiary which is not a Domestic Subsidiary.
Freely Disposable Amount has the meaning assigned to such term in Section 10.15.
FSCO means that Financial Services Commission of Ontario.
Funding Account has the meaning assigned to such term in Section 4.01(f).
GAAP means generally accepted accounting principles in the U.S.
German Borrower means, from and after the German Borrower Effective Date, Elizabeth Arden GmbH, a company organized under the laws of Germany.
German Borrower Effective Date has the meaning assigned to such term in Section 2.23.
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German Borrowing Base means, as of any date, the sum of the following, determined as of such date, without duplication:
(a) Eligible Accounts Receivable. The product of the Advance Percent multiplied by the aggregate amount of the German Borrowers Eligible Accounts Receivable; minus
(b) Reserves. Reserves pertaining to the German Borrower;
provided that at no time shall the total amount of the German Borrowing Base (after giving effect to any Reserves, including, without limitation, the applicable Specified European Borrowing Base Availability Reserve) exceed twenty percent (20%) of the sum of the U.S. Borrowing Base, the Canadian Borrowing Base and the European Borrowing Bases at such time.
The German Borrowing Base will be calculated without duplication of any Borrowing Base Deduction for the German Borrower. Notwithstanding anything herein to the contrary, the German Borrowing Base shall be zero until the German Borrower Effective Date has occurred.
German Collateral has the meaning assigned to such term in Section 7.12.
German Collateral Documents means the German Security Agreements and each other pledge agreement, security agreement or other collateral agreement, instrument or document that is entered into by any German Loan Party (or any share pledge with respect to the shares of any German Loan Party) in favor of the Administrative Agent with the intention to secure all or any portion of the Foreign Secured Obligations, in each case, in form and substance reasonably satisfactory to the Administrative Agent and entered into pursuant to the terms of this Agreement or any other Loan Document.
German Distributor Agreement means the distributor agreement dated 1 July 2014 between (a) the Swiss Borrower and (b) Elizabeth Arden GmbH.
German Guaranty Limitations means Section 10.14 of this Agreement.
German Insolvency Event means:
(a) a German Relevant Entity is unable or admits its inability to pay its debts as they fall due or is deemed to or declared to be unable to pay its debts under applicable law, suspends or threatens to suspend making payments on any of its debts or, by reason of actual or anticipated financial difficulties, commences negotiations with one or more of its creditors with a view to rescheduling any of its indebtedness, including a stoppage of payment situation (Zahlungsunfähigkeit), a status of over indebtedness (Überschuldung), the presumed inability to pay its debts as they fall due (drohende Zahlungsunfähigkeit), or actual insolvency proceedings;
(b) a moratorium is declared in respect of any Indebtedness of a German Relevant Entity;
(c) (i) such German Relevant Entity is otherwise in a situation to file for insolvency because of any of the reasons set out in Sections 17 to 19 of the German Insolvency Code and (ii) a petition for insolvency proceedings in respect of its assets (Antrag auf Eröffnung eines insolvenzverfahrens) has been filed based on Sections 17 to 19 of the German Insolvency Code (Insolvenzordnung); or
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(d) any procedure or step analogous to the foregoing taken in any jurisdiction;
provided that, the term German Insolvency Event shall not include any insolvency petition which is frivolous or vexatious and is discharged, stayed or dismissed within sixty (60) days after the earlier of (i) notice thereof to any German Relevant Entity or (ii) any German Relevant Entity otherwise becoming aware of the same.
German Loan Parties means, collectively, from and after the German Borrower Effective Date, the German Borrower and each German Subsidiary Guarantor that becomes a party hereto and/or to a German Security Agreement.
German Relevant Entity means any German Loan Party or any Loan Party capable of becoming subject of insolvency proceedings under the German Insolvency Code (Insolvenzordnung).
German Security Agreements means, collectively, any (a) global assignment agreement between a German Loan Party as assignor and the Administrative Agent as assignee, regarding the assignment of trade receivables, insurance claims and/or intra-group receivables, and (b) account pledge agreement between a German Loan Party as pledgor and the Administrative Agent as pledgee, regarding the pledge over certain bank accounts.
German Subsidiary Guarantor means each Material Foreign Subsidiary organized under the laws of Germany.
Germany means the Federal Republic of Germany.
Governmental Authority means the government of the U.S., Canada, any other nation or any political subdivision thereof, whether state, provincial, territorial or local, and any agency, authority, instrumentality, regulatory body, court, central bank, fiscal or monetary authority or other entity (including any European supranational body) exercising executive, legislative, judicial, taxing, regulatory or administrative powers or functions of or pertaining to government, including the European Central Bank, the Council of Ministers of the European Union and the Bank Committee on Banking Regulation and Supervisory Practices of the Bank of International Settlements.
Guarantee of or by any Person (the guarantor) means any obligation, contingent or otherwise, of the guarantor guaranteeing or having the economic effect of guaranteeing any Indebtedness or other obligation of any other Person (the primary obligor) in any manner, whether directly or indirectly, and including any obligation of the guarantor, direct or indirect, (a) to purchase or pay (or advance or supply funds for the purchase or payment of) such Indebtedness or other obligation or to purchase (or to advance or supply funds for the purchase of) any security for the payment thereof, ((b) to purchase or lease property, securities or services for the purpose of assuring the owner of such Indebtedness or other obligation of the payment thereof, (c) to maintain working capital, equity capital or any other financial statement condition
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or liquidity of the primary obligor so as to enable the primary obligor to pay such Indebtedness or other obligation or (d) as an account party in respect of any letter of credit or letter of guaranty issued to support such Indebtedness or obligation; provided, that the term Guarantee shall not include endorsements for collection or deposit in the ordinary course of business. The amount of any Guarantee shall be deemed to be an amount equal to the stated or determinable amount of the related primary obligation, or portion thereof, in respect of which such Guarantee is made or, if not stated or determinable, the maximum reasonably anticipated liability in respect thereof as determined by the guaranteeing Person in good faith.
Guarantee Liability has the meaning assigned to such term in Section 10.15.
Guaranteed Obligations has the meaning assigned to such term in Section 9.01 or Section 10.01, as the case may be; provided that, for the avoidance of doubt, the definition of Guaranteed Obligations shall not create or include any guarantee by any Guarantor of any Excluded Swap Obligations of such Guarantor.
Guarantor Payment has the meaning assigned to such term in Section 9.11 or Section 10.11, as the case may be.
Guarantors means, collectively, the U.S. Subsidiary Guarantors and the Foreign Guarantors, and Guarantor means each of them individually.
HMRC DT Treaty Passport scheme means the Board of H.M. Revenue and Customs Double Taxation Treaty Passport scheme.
IFRS means the body of pronouncements issued by the International Accounting Standards Board (IASB), including International Financial Reporting Standards and interpretations approved by the IASB, International Accounting Standards and Standing Interpretations Committee interpretations approved by the predecessor International Accounting Standards Committee and adapted for use in the European Union.
Impacted Interest Period has the meaning assigned to such term in the definition of LIBO Rate.
Indebtedness means, with respect to any Person, all items which in accordance with GAAP should be included as liabilities on the balance sheet of such Person as at the date as of which Indebtedness is to be determined (other than accruals, deferred revenue and deferred taxes), and, in any event, shall include the following, without limitation or duplication: (a) all obligations of such Person representing borrowed money, including, without limitation, any obligations evidenced by notes, bonds, debentures or similar obligations; (b) any obligation for the deferred purchase price of property or services or an obligation under a conditional sale or other title retention agreement, except trade accounts payable arising in the ordinary course of business; (c) Capitalized Lease Obligations; (d) all obligations of such Person relating to Sale and Lease-Back Transactions and securitization transactions; (e) all obligations secured by any Lien to which any property owned or held by such Person is subject, whether or not the obligations secured thereby shall have been assumed; (f) all obligations of others Guaranteed by such Person; (g) all obligations with respect to any letters of credit issued on behalf of such
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Person to any beneficiary or with respect to which such Person has any reimbursement obligations; and (h) all obligations of such Person, contingent or otherwise, for the payment of money under any noncompete, consulting or similar agreement entered into with the seller of a target in an Acquisition or any other similar arrangements but only to the extent, in each case under this clause (h), that the arrangement provides for the deferred payment of the purchase price for an Acquisition permitted hereby or an Acquisition consummated prior to the Effective Date.
Indemnified Taxes means (a) Taxes, other than Excluded Taxes, imposed on or with respect to any payment made by, or on account of any obligation of any Loan Party under any Loan Document or Letter of Credit and (b) to the extent not otherwise described in the foregoing clause (a) hereof, Other Taxes.
Indemnitee has the meaning assigned to such term in Section 8.03(b).
Indenture means the Indenture dated as of January 21, 2011 among the U.S. Borrower and U.S. Bank National Association, as trustee, relating to the 7.375% Senior Notes due 2021 in a principal amount of up to $400,000,000. To the extent that any terms defined in an Indenture are incorporated herein as therein defined, such definitions shall be incorporated herein as set forth in such Indenture as of January 16, 2014, without giving effect to any amendment or other modification thereto, unless modified for purposes of such incorporation with the consent of the Required Lenders.
Indenture Increase Net Proceeds has the meaning specified in Section 5.23.
Ineligible Institution has the meaning assigned to such term in Section 8.04(b).
Information has the meaning assigned to such term in Section 8.12.
Insolvency Event has the meaning assigned to such term in Section 12.01.
Intercompany Indebtedness has the meaning assigned to such term in Section 12.01.
Intercreditor Agreement means that certain Amended and Restated Intercreditor Agreement, substantially in the form of Exhibit G hereto, to be executed among the U.S. Collateral Agent, the Administrative Agent, the Second Lien Term Lender and the U.S. Borrower.
Interest Election Request means a request by the Borrower Representative to convert or continue a Revolving Borrowing in accordance with Section 2.08.
Interest Payment Date means (a) with respect to any ABR Loan (including any Swingline Loan), Canadian Prime Rate Loan (including any Swingline Loan) or Overnight LIBO Rate Loan, the first Business Day of each calendar month and the Maturity Date and (b) with respect to any Eurodollar Loan or CDOR Rate Loan, the last day of the Interest Period applicable to the Borrowing of which such Loan is a part (and, in the case of a Eurodollar Borrowing or CDOR Borrowing with an Interest Period of more than three months duration, each day prior to the last day of such Interest Period that occurs at intervals of three months duration after the first day of such Interest Period) and the Maturity Date.
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Interest Period means (a) with respect to any Eurodollar Revolving Borrowing, the period commencing on the date of such Eurodollar Revolving Borrowing and ending on the numerically corresponding day in the calendar month that is one, two, three or six months (or, with the consent of each applicable Lender, twelve months) thereafter, as the Borrower Representative may elect and (b) with respect to any CDOR Rate Borrowing, the period commencing on the date of such CDOR Rate Borrowing and ending on the numerically corresponding day in the calendar month that is one, two, three or six months (or, with the consent of each applicable Lender, twelve months) thereafter, as the Borrower Representative may elect on behalf of the Canadian Borrower; provided that (i) if any Interest Period would end on a day other than a Business Day, such Interest Period shall be extended to the next succeeding Business Day unless, in the case of a Eurodollar Revolving Borrowing only, such next succeeding Business Day would fall in the next calendar month, in which case such Interest Period shall end on the next preceding Business Day and (ii) any Interest Period that commences on the last Business Day of a calendar month (or on a day for which there is no numerically corresponding day in the last calendar month of such Interest Period) shall end on the last Business Day of the last calendar month of such Interest Period. For purposes hereof, the date of a Revolving Borrowing initially shall be the date on which such Revolving Borrowing is made and, in the case of a Revolving Borrowing, thereafter shall be the effective date of the most recent conversion or continuation of such Revolving Borrowing.
Interpolated Rate means, at any time, for any Interest Period, the rate per annum (rounded to the same number of decimal places as the LIBO Screen Rate) determined by the Administrative Agent (which determination shall be conclusive and binding absent manifest error) to be equal to the rate that results from interpolating on a linear basis between: (a) the LIBO Screen Rate for the longest period (for which the LIBO Screen Rate is available for the applicable currency) that is shorter than the Impacted Interest Period and (b) the LIBO Screen Rate for the shortest period (for which the LIBO Screen Rate is available for the applicable currency) that exceeds the Impacted Interest Period, in each case, at such time.
Inventory has the meaning assigned to such term in the applicable Security Agreement.
Investment means any investment in any Person, whether by means of share or other equity interest purchase, capital contribution, loan, advance, time deposit or otherwise.
IRS means the United States Internal Revenue Service.
Issuing Bank means JPMCB or any of its Affiliates, in their capacity as the issuer of Letters of Credit hereunder.
ITA means the Income Tax Act (Canada), as amended.
Joinder Agreement means a Joinder Agreement in substantially the form of Exhibit H.
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JPMCB means JPMorgan Chase Bank, N.A., a national banking association, in its individual capacity, and its successors.
JPMCB Parties has the meaning assigned to such term in Section 8.19.
LC Collateral Account has the meaning assigned to such term in Section 2.06(i)(ii).
LC Disbursement means any payment made by an Issuing Bank pursuant to a Letter of Credit.
LC Exposure means, at any time, the sum of (a) the aggregate undrawn U.S. Dollar Amount of all outstanding Letters of Credit at such time plus (b) the aggregate U.S. Dollar Amount of all LC Disbursements that have not yet been reimbursed by or on behalf of the Borrowers at such time. The LC Exposure of any U.S. Lender at any time shall be its U.S. Facility Percentage of the total LC Exposure at such time.
Lead Arranger means JPMCB in its capacity as the lead arranger for the credit facility evidenced by this Agreement.
Lender Allocation Agreement means a Collection Allocation Mechanism Agreement, dated as of the date hereof, among the Administrative Agent and each Lender; it being understood that no Loan Party shall be a party to such agreement or have any rights or obligations thereunder, nor shall the consent of any Loan Party be required with respect to any aspect thereof.
Lenders means the Persons listed on the Commitment Schedule and any other Person that shall have become a Lender hereunder pursuant to Section 2.09 or an Assignment and Assumption, other than any such Person that ceases to be a Lender hereunder pursuant to an Assignment and Assumption. Unless the context otherwise requires, the term Lenders includes the Swingline Lender and the Issuing Bank.
Letters of Credit means the letters of credit or bank guarantees issued pursuant to this Agreement, and the term Letter of Credit means any one of them or each of them singularly, as the context may require.
LIBO Rate means, with respect to any Eurodollar Borrowing for any applicable Interest Period or for any ABR Borrowing, the London interbank offered rate as administered by ICE Benchmark Administration Limited (or any other Person that takes over the administration of such rate for the applicable Agreed Currency) for a period equal in length to such Interest Period as displayed on pages LIBOR01 or LIBOR02 of the Thomson Reuters screen that displays such rate or, in the event such rate does not appear on a Thomson Reuters page or screen, on any successor or substitute page on such screen that displays such rate, or on the appropriate page of such other information service that publishes such rate from time to time as shall be selected by the Administrative Agent in its reasonable discretion, in each case (the LIBO Screen Rate) at approximately 11:00 a.m., London time, two (2) Business Days prior to the commencement of such Interest Period or for Sterling at 11:00 a.m., London time on the commencement date of such Interest Period; provided that, (x) if the LIBO Screen Rate shall be
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less than zero, such rate shall be deemed to be zero for the purposes of this Agreement and (y) if the LIBO Screen Rate shall not be available at such time for a period equal in length to such Interest Period (an Impacted Interest Period), then the LIBO Rate shall be the Interpolated Rate at such time, subject to Section 2.14 in the event that the Administrative Agent shall conclude that it shall not be possible to determine such Interpolated Rate (which conclusion shall be conclusive and binding absent manifest error); provided further, that, if any Interpolated Rate shall be less than zero, such rate shall be deemed to be zero for purposes of this Agreement. Notwithstanding the above, to the extent that LIBO Rate or Adjusted LIBO Rate is used in connection with an ABR Borrowing, such rate shall be determined as modified by the definition of Alternate Base Rate.
LIBO Screen Rate has the meaning assigned to such term in the definition of LIBO Rate.
License Agreements means those license agreements identified as such in Schedule 3.15 attached hereto which Schedule shall be amended from time to time to reflect new licensing agreements.
Lien means, with respect to any asset, (a) any mortgage, deed of trust, lien, pledge, hypothecation, encumbrance, charge, assignment and transfer by way of security or security interest in, on or of such asset, (b) the interest of a vendor or a lessor under any conditional sale agreement, capital lease or title retention agreement (or any financing lease having substantially the same economic effect as any of the foregoing) relating to such asset and (c) in the case of securities, any purchase option, call or similar right of a third party with respect to such securities.
Loan Documents means, collectively, this Agreement, each Borrowing Subsidiary Agreement, each Joinder Agreement, the Notes, any Letter of Credit applications, the Collateral Documents, the Loan Guaranty, the Intercreditor Agreement and all other agreements, instruments, documents and certificates, including all other pledges, powers of attorney, consents, assignments, contracts, notices, letter of credit agreements, and all other written matter whether heretofore, now or hereafter executed by or on behalf of any Loan Party, or any employee of any Loan Party, and delivered to the Administrative Agent or any Lender in connection with this Agreement or the transactions contemplated hereby. Any reference in this Agreement or any other Loan Document to a Loan Document shall include all appendices, exhibits or schedules thereto, and all amendments, restatements, supplements or other modifications thereto, and shall refer to this Agreement or such Loan Document as the same may be in effect at any and all times such reference becomes operative.
Loan Guarantor means each Loan Party, and shall include each U.S. Loan Party in the case of Article IX and each Foreign Loan Party in the case of Article X.
Loan Guaranty means, collectively, Articles IX and X of this Agreement and, if applicable, each separate Guarantee, in form and substance reasonably satisfactory to the Administrative Agent, delivered by each Loan Guarantor that is a Foreign Subsidiary (which Guarantee shall be governed by the laws of the country in which such Foreign Subsidiary is located).
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Loan Parties means, collectively, the U.S. Loan Parties and the Foreign Loan Parties.
Loan Party Accounts has the meaning assigned to such term in Section 7.09.
Loans means the loans and advances made by the Lenders pursuant to this Agreement, including Swingline Loans and Protective Advances.
Local Time means (a) New York City time in the case of a Loan, Borrowing or LC Disbursement to the U.S. Borrower, (b) London, England time in the case of a Loan or Borrowing to any European Borrower and (c) Toronto, Canada time in the case of a Loan or Borrowing to the Canadian Borrower.
Lockbox Accounts means the lockbox accounts established from time to time pursuant to the Lockbox Agreements in which all funds received pursuant to the Lockbox Agreements shall be deposited.
Lockbox Agreements means any lockbox or other agreement entered into by any Borrower or any Guarantor with any Agent, any Lender or any other institution acceptable to the Administrative Agent which has entered into a control agreement with the Administrative Agent pursuant to which a lockbox and deposit account shall be established into which payments on the Borrowers and their Subsidiaries Accounts and other Collateral shall be sent and deposited, as the same may be amended or otherwise modified.
Management Notification has the meaning assigned to such term in Section 10.14(c)(i).
Material Adverse Effect means (a) a materially adverse effect on the business, operations or financial condition of the U.S. Borrower and its Subsidiaries considered as a whole, (b) material impairment of the ability of the U.S. Borrower or any of its Subsidiaries to perform any of its obligations under any Loan Document to which it is or will be a party, or (c) material impairment of the rights of or benefits available to the Administrative Agent, the U.S. Collateral Agent or the Lenders under any Loan Document. A delisting, or a suspension of trading, of the common stock issued by the U.S. Borrower from the New York Stock Exchange or the NASDAQ shall not constitute a Material Adverse Effect in and of itself provided that the inclusion of this sentence in this definition shall not prevent the Lenders from asserting that a Material Adverse Effect shall have occurred based on an event or circumstance that resulted in such delisting or suspension.
Material Debt means Indebtedness (other than the Notes and any Intercompany Indebtedness) of the U.S. Borrower and/or one or more of its Subsidiaries, arising in one or more related or unrelated transactions, in an aggregate principal amount equal to or exceeding $10,000,000.
Material Domestic Subsidiary means a Domestic Subsidiary that is a Material Subsidiary as of the Effective Date or becomes one thereafter.
Material Foreign Subsidiary means a Foreign Subsidiary that is a Material Subsidiary as of the Effective Date.
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Material Subsidiary means a Subsidiary of the U.S. Borrower that, as of the Effective Date or the last day of any fiscal quarter of the U.S. Borrower, as applicable, is a Material Subsidiary accounted on a consolidated basis for five percent (5%) or more of the total sales of the U.S. Borrower and its Consolidated Subsidiaries for the most recent four fiscal quarters or accounted on a consolidated basis for five percent (5%) or more of the total assets of the U.S. Borrower and its Consolidated Subsidiaries as of the most recent date for which a consolidated balance sheet of the U.S. Borrower has been delivered to the Administrative Agent pursuant to Section 5.01(a) or (b).
Maturity Date means December 17, 2019 or any earlier date on which the Commitments are reduced to zero or otherwise terminated pursuant to the terms hereof.
Maximum Liability has the meaning assigned to such term in Section 9.10 and Section 10.10, as applicable.
Maximum Rate has the meaning assigned to such term in Section 8.17.
Moodys means Moodys Investors Service, Inc.
Multiemployer Plan means at any time an employee pension benefit plan within the meaning of Section 4001(a)(3) of ERISA to which any member of the ERISA Group is then making or accruing an obligation to make contributions or has within the preceding five plan years made contributions, including for these purposes any Person which ceased to be a member of the ERISA Group during such five year period.
Net Proceeds means gross proceeds received by any Loan Party less customary fees and expenses associated with the transactions, including reasonable banking, legal and accounting fees less income taxes payable by any Loan Party as a result of such transaction (as reasonably determined by the relevant Loan Party on the basis of existing rates and taking account of any available credit, deduction or allowance) less, with respect to asset sales, the amount required to be applied to the repayment of Indebtedness secured thereby.
Netherlands Collateral Document means each pledge agreement, security agreement, deed of mortgage, charge, debenture or other collateral agreement that is entered into by Netherlands Holding (or any share pledge with respect to the shares of Netherlands Holding) in favor of the Administrative Agent, securing all or any portion of the Foreign Secured Obligations, in each case, in form and substance reasonably satisfactory to the Administrative Agent and entered into pursuant to the terms of this Agreement or any other Loan Document.
Netherlands Holding means Elizabeth Arden (Netherlands) Holding, B.V., a private company with limited liability (besloten vennootschap met beperkte aansprakelijkheid) incorporated under the laws of the Netherlands, having its corporate seat (statutaire zetel) in Rotterdam, the Netherlands, its registered office at Herengracht 483, 1017BT Amsterdam, the Netherlands, and registered with the trade register of the Chamber of Commerce (handelsregister van de Kamer van Koophandel) under number 24313747.
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Netherlands Insolvency Event means (a) a Netherlands Relevant Entity is unable or admits its inability to pay its debts as they fall due or is deemed to or declared to be unable to pay its debts under applicable law, suspends or threatens to suspend making payments on any of its debts or, by reason of actual or anticipated financial difficulties, commences negotiations with one or more of its creditors with a view to rescheduling any of its indebtedness; (b) a moratorium (surseance van betaling) is declared in respect of a Netherlands Relevant Entity; (c) any corporate action, legal proceedings or other procedure or step is taken in relation to: (i) the suspension of payments, a moratorium (surseance van betaling), bankruptcy (faillissement), winding up, dissolution, administration or reorganization (by way of voluntary arrangement, scheme of arrangement or otherwise) of any Netherlands Relevant Entity; (ii) a composition, compromise, assignment or arrangement with any creditor of any Netherlands Relevant Entity; (iii) the appointment of a liquidator, receiver, administrative receiver, administrator, compulsory manager or other similar officer in respect of any Netherlands Relevant Entity, or any of its assets; or (iv) enforcement of any Lien over any material assets of any Netherlands Relevant Entity, and such corporate action, legal proceedings or other procedure or step is not discharged, stayed or dismissed within thirty (30) days of the earlier of (x) notice thereof to any Netherlands Relevant Entity or (y) any Netherlands Relevant Entity otherwise becoming aware of the same; (d) any procedure or step analogous to the foregoing is taken in any jurisdiction; (e) a Netherlands Relevant Entity having filed a notice under Section 36 of the Dutch Tax Collection Act (Invorderingswet 1990); or (f) any expropriation, attachment, sequestration, distress or execution or any analogous process in any jurisdiction affects any asset or assets of a Netherlands Relevant Entity and is not discharged within thirty (30) days of commencement, in each such case, such that any such actions or process described in this paragraph (f) could reasonably be expected to result in a Material Adverse Effect.
Netherlands Permitted Lien any Lien and/or right of set-off created pursuant to the general conditions of a bank operating in the Netherlands based on the general conditions drawn up in consultation between the Netherlands Bankers Association (Nederlandse Vereniging van Banken) and the consumers organisation (Consumentenbond).
Netherlands Relevant Entity means (a) Netherlands Holding; or (b) any Loan Party capable of becoming subject of insolvency proceedings under the laws of the Netherlands.
New Collection Account has the meaning assigned to such term in Section 5.20.
Non-Consenting Lender has the meaning assigned to such term in Section 8.02(d).
Note means a promissory note of the applicable Borrower, evidencing the obligation of such Borrower to repay Loans made to it, and Notes means any or all of such promissory notes issued hereunder.
NYFRB means the Federal Reserve Bank of New York.
NYFRB Rate means, for any day, the greater of (a) the Federal Funds Effective Rate in effect on such day and (b) the Overnight Bank Funding Rate in effect on such day(or for any day that is not a Banking Day, for the immediately preceding Banking Day); provided that if none of such rates are published for any day that is a Business Day, the term NYFRB Rate
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means the rate for a federal funds transaction quoted at 11:00 a.m. on such day received to the Administrative Agent from a Federal funds broker of recognized standing selected by it; provided, further, that if any of the aforesaid rates shall be less than zero, such rate shall be deemed to be zero for purposes of this Agreement.
Obligated Party has the meaning assigned to such term in Section 9.02 or Section 10.02, as the case may be.
Obligations means all unpaid principal of and accrued and unpaid interest on the Loans, all LC Exposure, all accrued and unpaid fees and all expenses, reimbursements, indemnities and other obligations and indebtedness (including interest and fees accruing during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, regardless of whether allowed or allowable in such proceeding) of any of the Loan Parties to any of the Lenders, the Administrative Agent, the Issuing Bank or any indemnified party, individually or collectively, existing on the Effective Date or arising thereafter, direct or indirect, joint or several, absolute or contingent, matured or unmatured, liquidated or unliquidated, secured or unsecured, arising by contract, operation of law or otherwise, arising or incurred under this Agreement or any of the other Loan Documents or in respect of any of the Loans made or reimbursement or other obligations incurred or any of the Letters of Credit or other instruments at any time evidencing any thereof, including Parallel Debt.
Obligor has the meaning assigned to such term in Section 12.01.
OFAC means the Office of Foreign Assets Control of the United States Department of the Treasury.
Original Credit Agreement shall have the meaning specified in the recitals of this Agreement.
Other Connection Taxes means, with respect to any Recipient, Taxes imposed as a result of a present or former connection between such Recipient and the jurisdiction imposing such Taxes (other than a connection arising from such Recipient having executed, delivered, become a party to, performed its obligations under, received payments under, received or perfected a security interest under, engaged in any other transaction pursuant to, or enforced, any Loan Document, or sold or assigned an interest in any Loan, Letter of Credit or any Loan Document).
Other Taxes means all present or future stamp, court or documentary, intangible, recording, filing or similar Taxes that arise from any payment made under, from the execution, delivery, performance, enforcement or registration of, from the receipt or perfection of a security interest under, or otherwise with respect to, any Loan Document or Letter of Credit, except any such Taxes that are (a) Other Connection Taxes imposed with respect to an assignment (other than an assignment made pursuant to Section 2.19) or (b) imposed as a result of any voluntary registration by a Lender of any Loan Document.
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Overnight Bank Funding Rate means, for any day, the rate comprised of both overnight federal funds and overnight Eurodollar borrowings by U.S.-managed banking offices of depository institutions (as such composite rate shall be determined by the NYFRB as set forth on its public website from time to time) and published on the next succeeding Business Day by the NYFRB as an overnight bank funding rate (from and after such date as the NYFRB shall commence to publish such composite rate).
Overnight LIBO Rate means a rate of interest per annum equal to the London interbank offered rate as administered by ICE Benchmark Administration Limited (or any other person that takes over the administration of such rate) for overnight deposits in the applicable Agreed Currency in an amount approximately equal to the amount with respect to which such rate is being determined as displayed on the applicable Thomson Reuters screen page (or, in the event such rate does not appear on a page of the Thomson Reuters screen, on the appropriate page of such other information service that publishes such rate as shall be selected by the Administrative Agent from time to time in its reasonable discretion) at approximately 11:00 a.m., London time, on such day; provided, that if the Overnight LIBO Rate shall be less than zero, such rate shall be deemed to be zero for all purposes.
Parallel Debt has the meaning assigned to such term in Section 7.12.
Parent means, with respect to any Lender, any Person as to which such Lender is, directly or indirectly, a subsidiary.
Participant has the meaning assigned to such term in Section 8.04(c).
Participant Register has the meaning assigned to such term in Section 8.04(c).
Participating Member State means any member state of the European Union that has the Euro as its lawful currency in accordance with legislation of the European Union relating to economic and monetary union.
Payment and Collateralisation Requirements has the meaning assigned to such term in Section 2.10(b).
PBGC means the Pension Benefit Guaranty Corporation referred to and defined in ERISA and any successor entity performing similar functions.
Pensions Regulator means the body corporate called the Pensions Regulator, established under Part I of the Pensions Act 2004 (U.K.).
Permitted Acquisition means an Acquisition by the U.S. Borrower or any of its Subsidiaries in which each of the following conditions are satisfied:
(a) No Default then exists or would arise from the consummation of such Acquisition;
(b) Such Acquisition shall have been approved by the Board of Directors of the Person (or similar governing body if such Person is not a corporation) which is the subject of such Acquisition and such Person shall not have announced that it will oppose such Acquisition or shall not have commenced any action which alleges that such Acquisition will violate applicable law;
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(c) The Borrower Representative shall have furnished the Administrative Agent prior notice of such intended Acquisition immediately following approval by its Board of Directors (provided, that no such prior notice shall be required for any Acquisition in which the total consideration paid is less than $10,000,000) and shall have furnished the Administrative Agent with such information regarding the proposed Acquisition as the Administrative Agent reasonably requested so long as such information is readily available;
(d) The majority of any assets acquired shall be utilized in, and if the Acquisition involves a merger, consolidation, amalgamation or stock acquisition, the Person which is the subject of such Acquisition shall be engaged in, the same general type of business as now conducted by the Borrowers or their Subsidiaries, which shall be deemed to include owning, operating or managing spas or salons in which any Borrowers products are used and/or sold;
(e) Either (A) the sum of the total consideration paid for all Acquisitions consummated since the Effective Date other than the Acquisitions completed under the permissions of the following subclause (B) plus the total consideration proposed to be paid for the Acquisition in question does not exceed $35,000,000 or (B) the Borrowers are in compliance with the following test:
(i) if such Acquisition is consummated during the period from and including February 1 to and including August 31, then the sum of the following, as reasonably estimated by the Borrower Representative in good faith, must equal or exceed $30,000,000: (1) the sum of the balances of the Specified Cash and Cash Equivalents and the Aggregate Borrowing Base Capacity as of the anticipated closing date; minus (2) the total cash consideration to be paid for such Acquisition;
(ii) if such Acquisition is consummated during the period from and including September 1 to and including January 31, then the sum of the following, as reasonably estimated by the Borrower Representative in good faith, must equal or exceed $40,000,000: (1) the sum of the balances of the Specified Cash and Cash Equivalents and the Aggregate Borrowing Base Capacity as of the anticipated closing date; minus (2) the total cash consideration to be paid for such Acquisition;
provided that, if such Acquisition is being made under the permissions of this subclause (B) and the total consideration being paid in connection with such Acquisition is equal to or greater than $10,000,000, then no earlier than 5 days prior to the anticipated closing of such Acquisition, the Borrower Representative shall deliver to the Administrative Agent a certificate which demonstrates, in reasonable detail satisfactory to the Administrative Agent, compliance with clauses (a) (e).
No Accounts or Inventory acquired in a Permitted Acquisition or arising from a business acquired in a Permitted Acquisition shall be included in the applicable Borrowing Base unless and until the Administrative Agent shall be satisfied that the manner of calculating the applicable Borrowing Base as set forth herein is appropriate for the assets and business acquired; provided
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that for the sole purpose of determining compliance with the test under clause (e)(A) and (B) of the definition of the term Permitted Acquisition (and not otherwise), such Accounts and Inventory, as applicable, which satisfy the eligibility requirements hereunder may be included in the applicable Borrowing Base for purposes of the calculation of Aggregate Borrowing Base Capacity under such test. The Administrative Agent shall make the determination of whether Accounts and Inventory, as applicable, acquired in a Permitted Acquisition or arising from a business acquired in a Permitted Acquisition shall be included in the applicable Borrowing Base as promptly as reasonably possible after receiving a request to do so from the Borrower Representative and after receipt of all collateral audits and appraisals conducted with respect to such Accounts and Inventory, as applicable, as reasonably requested by the Administrative Agent considering, among other factors, the materiality of the Acquisition and the relative similarity of the Accounts or Inventory, as applicable, to the Accounts and Inventory already included in the applicable Borrowing Base.
Permitted Discretion means a determination made in good faith and in the exercise of reasonable (from the perspective of a secured asset-based lender) business judgment.
Permitted Indebtedness means (a) the Secured Obligations; (b) the Senior Notes; (c) up to $10,000,000 of unsecured Indebtedness incurred or assumed by the U.S. Borrower or any of its Domestic Subsidiaries in connection with Permitted Acquisitions; (d) the intercompany Indebtedness described on Schedule 5.15 (the Arden Acquisition Indebtedness); (e) no more than $15,000,000 (in the aggregate) of Purchase Money Indebtedness outstanding at any time; (f) up to $50,000,000 (in the aggregate) of unsecured Indebtedness (in addition to the Arden Acquisition Indebtedness) outstanding at any time owed by Foreign Subsidiaries and any unsecured Guarantee thereof by any Borrower; (g) unsecured Indebtedness incurred under the terms of the Convertible Bonds and any guarantees by the Guarantors of such Indebtedness as long as the U.S. Borrower provides the Administrative Agent and the Lenders: (i) at least 10 Business Days prior notice of the incurrence thereof, which notice shall set forth in reasonable detail the terms upon which such Convertible Bonds will be issued and (ii) promptly after such Convertible Bonds are entered into, copies of the documentation pursuant to which such Convertible Bonds are issued; (h) any unsecured Indebtedness incurred in connection with the Call Spread; (i) any other unsecured Indebtedness in an aggregate amount of no more than $15,000,000 outstanding at any time, which shall be on such terms and conditions as are satisfactory to the Administrative Agent in all respects; (j) any Permitted Refinancings of any of the above, which shall be on such terms and conditions as are satisfactory to the Administrative Agent in all respects; (k) intercompany Indebtedness (in addition to the Arden Acquisition Indebtedness) between or among the U.S. Loan Parties, as lenders, and any Foreign Subsidiary, as a borrower, which when the aggregate outstanding principal amount thereof is aggregated with the principal amounts committed or outstanding (whichever is greater) under clause (f) above and the aggregate amount of any Permitted Investment made pursuant to Section 5.09(j), the total shall not exceed $65,000,000 in the aggregate, provided, that, after giving effect to such intercompany Indebtedness, the U.S. Borrower shall have U.S. Availability under this Agreement of at least $15,000,000 and provided, further, any committed or outstanding principal amounts of Indebtedness under clause (f) above (whichever is greater) shall permanently reduce dollar-for-dollar the amount of intercompany Indebtedness permitted under this clause (k); (l) intercompany Indebtedness between any Foreign Subsidiary, as lender, and any Foreign
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Subsidiary, as a borrower; and (m) in relation to any Netherlands Relevant Entity any Financial Indebtedness under a declaration of joint and several liability granted in respect of any Netherlands Relevant Entity used for the purpose of section 2:403 of the Dutch Civil Code (Burgerlijk Wetboek) (and any residual liability under such declaration arising pursuant to section 2:404(2) of the Dutch Civil Code).
Permitted Refinancing means Indebtedness incurred in any refinancing of any existing Indebtedness (other than the Borrowings hereunder); provided that such refinancing Indebtedness has, as compared to such existing Indebtedness, (a) an equal or greater weightedaverage life, (b) final maturity date that is the same or later, (c) a right of payment that is subordinate to or pari passu with such existing Indebtedness, (d) terms and conditions (including those described in clauses (a) through (c)), taken as a whole, no less favorable to the Lenders and (e) no collateral securing the payment thereof other than the collateral which secured the payment of the related existing Indebtedness.
Person means any natural person, corporation, company, limited liability company, trust, joint venture, association, company, partnership, limited liability partnership, limited partnership, Governmental Authority or other entity.
Plan means at any time an employee pension benefit plan (other than a Multiemployer Plan) which is covered by Title IV of ERISA or subject to the minimum funding standards under Section 412 of the Internal Revenue Code and either (i) is maintained, or contributed to, by any member of the ERISA Group for employees of any member of the ERISA Group or (ii) has at any time within the preceding five years been maintained, or contributed to, by any Person which was at such time a member of the ERISA Group for employees of any Person which was at such time a member of the ERISA Group.
Platform means Debt Domain, Intralinks, Syndtrak or a substantially similar electronic transmission system.
PPSA means the Personal Property Security Act (Ontario), as amended, and any regulations and orders promulgated thereunder; provided that, in the event that, by reason of mandatory provisions of law, the validity, perfection and effect of perfection or non perfection of a security interest or other applicable Lien is governed by other personal property security laws in any other province or territory of Canada, the term PPSA means such other personal property security laws (including the Civil Code (Quebec)) of such other province or territory of Canada.
Prepayment has the meaning assigned to such term in Section 5.20.
Prepayment Event means:
(a) any sale, transfer or other disposition (including pursuant to a sale and leaseback transaction) of any property or asset of any Loan Party or any Subsidiary, other than dispositions described in Section 5.11(b)(i); or
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(b) the issuance by the U.S. Borrower of any Equity Interests, or the receipt by the U.S. Borrower of any capital contribution, other than any issuance for purposes of making a payment in accordance with Section 5.21; or
(c) the incurrence by any Loan Party or any Subsidiary of any Indebtedness, other than Indebtedness permitted under Section 5.15.
Prime Rate means the rate of interest per annum publicly announced from time to time by JPMCB as its prime rate in effect at its principal offices in New York City. Each change in the Prime Rate shall be effective from and including the date such change is publicly announced as being effective.
Principals means William Tatham, E. Scott Beattie, J. W. Nevil Thomas, Fred Berens, Maura Clark, M. Steven Langman, Franz-Ferdinand Buerstedde, Edward D. Shirley, Nightingale Onshore Holdings, L.P., Nightingale Offshore Holdings, L.P., Richard C. W. Mauran and A. Salman Amin.
Priority Payable Reserve means (a) the Canadian Priority Payable Reserve and (b) with respect to jurisdictions other than the U.S. and without duplication of any Canadian Priority Payable Reserve, any other reserve for amounts which rank or are capable of ranking in priority to the liens granted to the Administrative Agent to secure or for other claims and/or deductions for the Secured Obligations, including without limitation, in the Permitted Discretion of the Administrative Agent, any such amounts due and not paid for wages, or vacation pay, severance pay, employee deductions, income tax, insolvency costs, amounts due and not paid under any legislation relating to workers compensation or to employment insurance amounts currently or past due and not paid for realty, municipal or similar taxes (to the extent impacting personal or movable property), sales tax and pension obligations.
Proceeds of Crime Act means the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada), as amended from time to time, and including all regulations, guidelines and orders thereunder.
Protective Advance has the meaning assigned to such term in Section 2.04.
Purchase Money Indebtedness means, with respect to any Person, Indebtedness of such Person incurred to acquire assets in the ordinary course of such Persons business, which Indebtedness is secured by purchase money liens or other liens of a conditional vendor; provided, however, that the Indebtedness secured thereby shall not exceed the cost thereof and provided further that such Indebtedness shall not otherwise be prohibited by the terms of this Agreement.
Qualified ECP Guarantor means, in respect of any Swap Obligation, each Loan Party that has total assets exceeding $10,000,000 at the time the relevant Loan Guaranty or grant of the relevant security interest becomes or would become effective with respect to such Swap Obligation or such other person as constitutes an eligible contract participant under the Commodity Exchange Act or any regulations promulgated thereunder and can cause another person to qualify as an eligible contract participant at such time by entering into a keepwell under Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.
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Recipient means, as applicable, (a) the Administrative Agent, (b) any Lender and (c) any Issuing Bank, or any combination thereof (as the context requires).
Register has the meaning assigned to such term in Section 8.04(b).
Regulation means the Council of the European Union Regulations No. 1346/2000 on Insolvency Proceedings.
Regulation U means Regulation U of the Board of Governors of the Federal Reserve System, as in effect from time to time.
Related Parties means, with respect to any specified Person, such Persons Affiliates and the respective directors, officers, partners, members, trustees, employees, agents, administrators, managers, representatives and advisors of such Person and such Persons Affiliates.
Report means reports prepared by the Administrative Agent or another Person showing the results of appraisals, field examinations or audits pertaining to the assets of the Loan Parties from information furnished by or on behalf of the Borrowers, after the Administrative Agent has exercised its rights of inspection pursuant to this Agreement, which Reports may be distributed to the Lenders by the Administrative Agent.
Required Lenders means, at any time, Lenders (other than Defaulting Lenders) having Committed Exposures and unused Commitments representing more than 50% of the sum of the Aggregate Committed Exposure and unused Commitments at such time.
Requirement of Law means, with respect to any Person, (a) the charter, articles or certificate of organization or incorporation, bylaws, constitutional documents, articles of association, memorandum of association or other organizational or governing documents of such Person and (b) any statute, law (including common law), treaty, rule, regulation, code, ordinance, order, decree, writ, judgment, injunction or determination of any arbitrator or court or other Governmental Authority (including Environmental Laws and Anti-Corruption Laws), in each case applicable to or binding upon such Person or any of its property or to which such Person or any of its property is subject.
Reserves means any and all reserves which the Administrative Agent deems necessary, in its Permitted Discretion, to maintain, without duplication, with respect to the Collateral or the applicable Loan Party, including the Specified European Borrowing Base Availability Reserve, the Second Lien Reserve, the Bank Product Reserve, the Priority Payables Reserve, reserves for extended or extendable retention of title arrangements, RoT Reserves, reserves for rent at locations leased by any Loan Party and for consignees, warehousemens and bailees charges, reserves for Inventory shrinkage, reserves for customs charges and shipping charges related to any Inventory in transit, reserves for VAT, reserves for the prescribed part of a U.K. Loan Partys net property that would be made available for the satisfaction of its unsecured liabilities
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pursuant to Section 176ZA of the Insolvency Act 1986 (U.K.), reserves for liabilities of a U.K. Loan Party which constitute preferential debts pursuant to Section 386 of the Insolvency Act 1986 (U.K.) and other governmental charges, and reserves for fees payable to an insolvency administrator pursuant to Section 171 of the German Insolvency Code (or relevant successor provision)) with respect to the Collateral or any Loan Party and the aggregate amount of the other reserves established by the Administrative Agent at any time and from time to time after the Effective Date that the Administrative Agent determines are necessary to protect the applicable Lenders interests in its Permitted Discretion, including, without limitation: (a) with respect to Accounts, reserves for Allowance Accounts, customer markdowns, and destroyed in field and (b) with respect to Inventory, inventory classified as long term assets and capitalized costs.
Restricted Payment means (a) any dividend or other distribution on any shares of the Equity Interests of any Borrower or any Subsidiary (except dividends payable solely in shares of its Equity Interests) or (b) any payment (except any payment made with the proceeds of the Convertible Bonds and any payments contemplated by the Call Spread) on account of the purchase, redemption, retirement or acquisition of (i) any Equity Interests of the U.S. Borrower or any of its Subsidiaries or (ii) any option, warrant or other right to acquire shares of the Equity Interests of the U.S. Borrower or any of its Subsidiaries.
Revolving Exposure Limitations has the meaning set forth in Section 2.01
Revolving Loan means a Loan made pursuant to Section 2.01.
RoT Reserves means reserves for retention of title rights in favor of a vendor or supplier, where (a) any contract or related documentation (such as invoices or purchase orders) relating to Inventory includes such retention of title rights, (b) under applicable governing laws, retention of title may be imposed unilaterally by such vendor or supplier, or (c) any contract relating to Inventory of the Swiss Borrower does not address retention of title and the Swiss Borrower has not represented to the Administrative Agent that there is no retention of title in favor of the vendor or supplier; provided that a RoT Reserve for Inventory of the Swiss Borrower which may be subject to any rights of retention of title may not be implemented in the event that the Administrative Agent shall have received evidence (i) satisfactory to it that the full purchase price of such Inventory has, or will have, been paid prior, or upon the delivery of, such Inventory to the Swiss Borrower or (ii) a Letter of Credit has been issued under and in accordance with the terms of this Agreement for the purchase of such Inventory.
S&P means Standard & Poors Ratings Services, a Standard & Poors Financial Services LLC business.
Sale and LeaseBack Transaction means any arrangement entered into by any Borrower or any of its Subsidiaries, directly or indirectly, with any Person whereby it shall sell or transfer any asset, real or personal, whether now owned or hereafter acquired, and thereafter rent or lease such asset.
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Sanctioned Country means, at any time, a country, region or territory which is itself the subject or target of any Sanctions (at the time of this Agreement, Crimea, Cuba, Iran, North Korea, Sudan and Syria).
Sanctioned Person means, at any time, (a) any Person listed in any Sanctions-related list of designated Persons maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury, the U.S. Department of State, or by the United Nations Security Council, the European Union or any European Union member state, Her Majestys Treasury of the United Kingdom or other relevant sanctions authority, (b) any Person operating, organized or resident in a Sanctioned Country or (c) any Person owned or controlled by any such Person or Persons described in the foregoing clauses (a) or (b).
Sanctions means all economic or financial sanctions or trade embargoes imposed, administered or enforced from time to time by (a) the U.S. government, including those administered by the Office of Foreign Assets Control of the U.S. Department of the Treasury or the U.S. Department of State, or (b) the United Nations Security Council, the European Union, any European Union member state, Her Majestys Treasury of the United Kingdom or other relevant sanctions authority.
SEC means the Securities and Exchange Commission of the U.S.
Second Amended Credit Agreement shall have the meaning specified in the recitals of this Agreement.
Second Lien Credit Agreement means that certain Credit Agreement (Second Lien) dated June 12, 2012 (as amended, supplemented and otherwise modified in accordance with its terms and the terms of the Intercreditor Agreement) between the U.S. Borrower and the Second Lien Term Lender.
Second Lien Documents means the Second Lien Credit Agreement, any security agreements executed pursuant thereto and the Second Lien License, as the same may be amended or otherwise modified from time to time.
Second Lien License means that certain Second Lien License Letter Agreement dated as of June 12, 2012 pursuant to which the Subsidiaries who own the trademarks and other intellectual property used to manufacture or dispose of the Inventory covered by any security agreement securing the Second Lien Loan, or which are otherwise used in connection with such Inventory, granted to the Second Lien Term Lender a worldwide, limited, royalty-free, fully paid-up license and right to use such intellectual property to liquidate the Inventory encumbered by such security agreement.
Second Lien Loan means the loan made pursuant to the Second Lien Credit Agreement.
Second Lien Maturity Date means the maturity date of the Second Lien Loan provided for in the Second Lien Credit Agreement.
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Second Lien Reserve means, at any time of determination, an amount equal to the aggregate outstanding principal amount of the Second Lien Loan plus all unpaid interest accrued thereon. The Second Lien Reserve shall only be in effect during the period from and including the date 60 days prior to the Second Lien Maturity Date if the Second Lien Loan is outstanding on such date to and excluding the first date thereafter when the Second Lien Loan has been repaid in full.
Second Lien Term Lender means JPMCB in its capacity as a lender to the U.S. Borrower under the Second Lien Credit Agreement.
Secured Obligations means all Obligations, together with all Bank Product Obligations; provided, however, that the definition of Secured Obligations shall not create or include any guarantee by any Loan Party of (or grant of security interest by any Loan Party to support, as applicable) any Excluded Swap Obligations of such Loan Party for purposes of determining any obligations of any Loan Party.
Secured Parties means (a) the Administrative Agent, (b) the Lenders, (c) the Issuing Bank, (d) the U.S. Collateral Agent, (e) each provider of Bank Products, to the extent the Bank Product Obligations in respect thereof constitute Secured Obligations, (f) the beneficiaries of each indemnification obligation undertaken by any Loan Party under any Loan Document, and (g) the successors and assigns of each of the foregoing.
Security has the meaning assigned to such term in Section 10.14.
Senior Notes means those certain Senior Notes issued pursuant to the Indenture.
Settlement has the meaning assigned to such term in Section 2.05.
Settlement Date has the meaning assigned to such term in Section 2.05.
Significant Debt has the meaning assigned to such term in Section 5.21.
Specified Cash and Cash Equivalents means the U.S. Borrowers domestic cash and domestic cash equivalents at such time, and from and after the date as of which one or more of the Foreign Borrowers shall have delivered a Deposit Account Control Agreement or any other arrangement (including, but not limited to, a notice and acknowledgment arrangement) for each of its Collection Accounts as a result of the occurrence of a Dominion Trigger Period or otherwise, all of the cash and cash equivalents at such time of the applicable Foreign Borrowers which are subject to such agreement or arrangement.
Specified European Borrowing Base Availability Reserve means, (a) at any time prior to April 1, 2017, $0, and (b) thereafter, at any time of determination, an aggregate reserve for the European Borrowing Bases in an amount equal to $15,000,000, which amount shall be allocated to the applicable European Borrowing Base for each of the European Borrowers based on such European Borrowers Applicable Percentage of the aggregate amount of the European Borrowing Bases at such time; provided that in the event that the Debt Service Pricing Ratio as of the end of any fiscal quarter ending on or after June 30, 2017 is equal to or greater than 1.00 to 1.00, thereafter the Specified European Borrowing Base Availability Reserve shall be $0.
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Specified Parties with respect to any Principal means (a) any spouse or immediate family member of such Principal or (b) any trust, corporation, partnership or other entity, the beneficiaries, stockholders, partners, owners or Persons beneficially holding an 80% or more controlling interest of which consist of such Principal and/or such other Person, referred to in the immediately preceding clause (a).
Specified Retailers means Macys, Marmaxx, Kohls or WalMart Inc. with respect to the U.S. Borrower; Wal-Mart Inc., Shoppers/Loblaw, Costco, Fragrance Club or the Bay with respect to the Canadian Borrower; and Boots, Debenhams, Superdrug, Per-Scent or The Perfume Shop with respect to the U.K. Borrower.
Statements has the meaning assigned to such term in Section 2.18(g).
Statutory Reserve Rate means a fraction (expressed as a decimal), the numerator of which is the number one and the denominator of which is the number one minus the aggregate of the maximum reserve percentage (including any marginal, special, emergency or supplemental reserves) established by the Board to which the Administrative Agent is subject with respect to the Adjusted LIBO Rate, for eurocurrency funding (currently referred to as Eurocurrency Liabilities in Regulation D of the Board). Such reserve percentages shall include those imposed pursuant to such Regulation D of the Board. Eurodollar Loans shall be deemed to constitute eurocurrency funding and to be subject to such reserve requirements without benefit of or credit for proration, exemptions or offsets that may be available from time to time to any Lender under such Regulation D of the Board or any comparable regulation. The Statutory Reserve Rate shall be adjusted automatically on and as of the effective date of any change in any reserve percentage.
Sterling or £ means the lawful currency of the U.K.
Subordinated Indebtedness of a Person means any Indebtedness of such Person the payment of which is subordinated to payment of the Secured Obligations to the written satisfaction of the Administrative Agent.
subsidiary means, with respect to any Person (the parent) at any date, any corporation, limited liability company, partnership, association or other entity the accounts of which would be consolidated with those of the parent in the parents consolidated financial statements if such financial statements were prepared in accordance with GAAP as of such date, as well as any other corporation, limited liability company, partnership, association or other entity (a) of which securities or other ownership interests representing more than 50% of the equity or more than 50% of the ordinary voting power or, in the case of a partnership, more than 50% of the general partnership interests are, as of such date, owned, controlled or held , or (b) that is, as of such date, otherwise Controlled, by the parent or one or more subsidiaries of the parent or by the parent and one or more subsidiaries of the parent.
Subsidiary means any direct or indirect subsidiary of the U.S. Borrower or a Loan Party, as applicable.
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Swap Agreement means any agreement with respect to any swap, forward, spot, future, credit default or derivative transaction or option or similar agreement involving, or settled by reference to, one or more rates, currencies, commodities, equity or debt instruments or securities, or economic, financial or pricing indices or measures of economic, financial or pricing risk or value or any similar transaction or any combination of these transactions; provided that no phantom stock or similar plan providing for payments only on account of services provided by current or former directors, officers, employees or consultants of the Borrowers or the Subsidiaries shall be a Swap Agreement.
Swap Obligation means, with respect to any Guarantor, any obligation to pay or perform under any agreement, contract or transaction that constitutes a swap within the meaning of section 1a(47) of the Commodity Exchange Act or any rules or regulations promulgated thereunder.
Swingline Exposure means, at any time, the aggregate principal amount of all Swingline Loans outstanding at such time. The Swingline Exposure of any Lender at any time shall be its Applicable Percentage of the total Swingline Exposure at such time.
Swingline Lender means JPMCB or any of its Affiliates, in its capacity as lender of Swingline Loans hereunder. Any consent required of the Administrative Agent or the Issuing Bank shall be deemed to be required of the Swingline Lender and any consent given by JPMCB in its capacity as Administrative Agent or Issuing Bank shall be deemed given by JPMCB or such Affiliate in its capacity as Swingline Lender.
Swingline Loan has the meaning assigned to such term in Section 2.05.
Swiss 10-Non-Bank Rule means the rule that the aggregate number of creditors (or deemed creditors) of any Swiss Tax Borrower under all Facilities which are not Swiss Qualifying Banks must not at any time exceed ten (10), all in accordance with the meaning of the Swiss Guidelines or legislation or explanatory notes addressing the same issues that are in force at such time.
Swiss 20-Non-Bank Rule means the rule that the aggregate number of creditors (or deemed creditors) (including the Lenders), other than Swiss Qualifying Banks, of a Swiss Tax Borrower under all outstanding debts relevant for classification as a debenture (Kassenobligation) (within the meaning of the Swiss Guidelines), such as (intragroup) loans (if and to the extent intragroup loans are not exempt in accordance with the ordinance of the Swiss Federal Council of June 18, 2010 amending the Swiss Federal Ordinance on withholding tax and the Swiss Federal Ordinance on stamp duties with effect as of 1 August 2010), facilities and/or private placements (including under the Loan Documents) made or deemed to be made by a Swiss Tax Borrower must not at any time exceed twenty (20), all in accordance with the meaning of the Swiss Guidelines or legislation or explanatory notes addressing the same issues which are in force at such time.
Swiss Borrower means Elizabeth Arden International Sàrl, a company organized under the laws of Switzerland.
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Swiss Borrowing Base means, as of any date, the sum of the following, determined as of such date, without duplication:
(a) Eligible Accounts Receivable. The product of the Advance Percent multiplied by the aggregate amount of the Swiss Borrowers Eligible Accounts Receivable; plus
(b) Finished Goods Inventory; Packaged. Eighty-five percent (85%) of the product of the Appraised Liquidation Percentage multiplied by the gross cost of all finished goods Inventory owned by the Swiss Borrower and located in the Netherlands or the U.S. (except for Puerto Rico) which has been packaged for delivery to a customer; plus
(c) Finished Goods Inventory; Unpackaged. Eighty-five percent (85%) of the product of the Appraised Liquidation Percentage multiplied by the gross cost of all finished goods Inventory owned by the Swiss Borrower and located in the Netherlands or the U.S. (except for Puerto Rico) which has not been packaged for delivery to a customer; plus
(d) Raw Materials Inventory. Eighty-five percent (85%) of the product of the Appraised Liquidation Percentage multiplied by the gross cost of all work-in-process and raw materials Inventory owned by the Swiss Borrower and located in the Netherlands or the U.S. (except for Puerto Rico); plus
(e) Gift Inventory. The lesser of:
(i) Eighty-five percent (85%) of the product of the Appraised Liquidation Percentage multiplied by the gross cost of all Inventory owned by the Swiss Borrower and located in the Netherlands or the U.S. (except for Puerto Rico) and held as a gift to be given with purchased merchandise in the ordinary course of business or as promotional merchandise in the ordinary course of business; or
(ii) U.S. $500,000; minus
(f) Reserves. Reserves pertaining to the Swiss Borrower, including, without limitation, any ROT Reserves;
provided that at no time shall the total amount of the Swiss Borrowing Base (after giving effect to any Reserves, including, without limitation, the applicable Specified European Borrowing Base Availability Reserve) exceed twenty percent (20%) of the sum of the U.S. Borrowing Base, the Canadian Borrowing Base and the European Borrowing Bases at such time.
The Administrative Agent shall be entitled to reduce the advance percentages (other than the Advance Percent) used in this definition of the Swiss Borrowing Base in its Permitted Discretion. The Swiss Borrowing Base will be calculated without duplication of any Borrowing Base Deduction for the Swiss Borrower.
Swiss Charge has the meaning assigned to such term in Section 10.15.
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Swiss Collateral Documents means each pledge agreement, security agreement, deed of hypothec, charge, debenture or other collateral agreement that is entered into by any Swiss Loan Party (or any share pledge with respect to the shares of any Swiss Loan Party) in favor of the Administrative Agent, securing all or any portion of the Foreign Secured Obligations, in each case, in form and substance reasonably satisfactory to the Administrative Agent and entered into pursuant to the terms of this Agreement or any other Loan Document.
Swiss Federal Tax Administration means the tax authorities referred to in article 34 of the Swiss Withholding Tax Act.
Swiss Franc means the lawful currency of Switzerland.
Swiss Guidelines means, together, the guideline S-02.123 in relation to inter bank transactions of 22 September 1986 as issued by the Swiss Federal Tax Administration (Merkblatt S-02.123 Verrechnungssteuer auf Zinsen von Bankguthaben, deren Gläubiger Banken sind (Interbankguthaben) vom 22. September 1986), S-02.122.1 in relation to bonds of April 1999 as issued by the Swiss Federal Tax Administration (Merkblatt S-02.122.1 Obligationen vom April 1999), S-02.130.1 in relation to money market instruments and book claims of April 1999 (Merkblatt S-02.130.1 vom April 1999 betreffend Geldmarktpapiere und Buchforderungen inländischer Schuldner), S-02.128 in relation to syndicated credit facilities of January 2000 (Merkblatt S-02.128 Steuerliche Behandlung von Konsortialdarlehen, Schuldscheindarlehen, Wechseln und Unterbeteiligungen vom Januar 2000), the circular letter No. 34 of 26 July 2011 (1-034-V-2011) in relation to customer credit balances (Kreisschreiben Nr. 34 Kundenguthaben vom 26. Juli 2011) and the circular letter No. 15 of 7 February 2007 (1-015-DVS-2007) in relation to bonds and derivative financial instruments as subject matter of taxation of Swiss federal income tax, Swiss withholding tax and Swiss stamp taxes (Kreisschreiben Nr. 15 Obligationen und derivative Finanzinstrumente als Gegenstand der direkten Bundessteuer, der Verrechnungssteuer und der Stempelabgaben vom 7. Februar 2007), as issued, and as amended or replaced from time to time, by the Swiss Federal Tax Administration, or as applied in accordance with a tax ruling (if any) issued by the Swiss Federal Tax Administration or as substituted or superseded and overruled by any law, statute, ordinance, court decision, regulation or the like as in force from time to time.
Swiss Holding means Elizabeth Arden (Switzerland) Holding Sàrl.
Swiss Insolvency Event means the occurrence of any event or procedure in relation to any Swiss Relevant Entity including, inter alia and without limiting the scope of this definition, Zahlungsunfähigkeit (inability to pay its debts), within the meaning of art. 191 para 1 of the Swiss Debt Enforcement and Bankruptcy Act, Zahlungseinstellung (suspending making payments) within the meaning of art. 190 para 1 ciph. 2 of the Swiss Debt Enforcement and Bankruptcy Act, hälftiger Kapitalverlust or Überschuldung within the meaning of art. 725 in connection with art. 820 para. 1 of the Swiss Federal Code of Obligations (CO) (half of the share capital and the legal reserves not covered; over-indebtedness, i.e. liabilities not covered by the assets), duty of filing of the balance sheet with the judge due to over-indebtedness or insolvency pursuant to art. 725a in connection with art. 820 para. 1 CO, Konkurseröffnung und Konkurs (declaration of bankruptcy and bankruptcy), Nachlassverfahren (composition with creditors) including in particular Nachlassstundung (debt restructuring moratorium) and proceedings regarding Nachlassvertrag (composition agreements) and Notstundung (emergency moratorium), proceedings regarding Fälligkeitsaufschub (postponement of
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maturity), Konkursaufschub / Gesellschaftsrechtliches Moratorium (postponement of the opening of bankruptcy; moratorium proceedings) pursuant to art. 725a or art. 820 para. 2 CO, notification of the judge of a capital loss or over-indebtedness under these provisions, provided that, the term Swiss Insolvency Event shall not include any insolvency petition which is frivolous or vexatious and is discharged, stayed or dismissed within sixty (60) days of the earlier of (i) notice thereof to any Swiss Relevant Entity or (ii) any Swiss Relevant Entity otherwise becoming aware of the same.
Swiss Limitation has the meaning assigned to such term in Section 10.15.
Swiss Loan Parties means, collectively, the Swiss Borrower, Swiss Holding and each Swiss Subsidiary Guarantor that becomes a party hereto and/or to a Swiss Collateral Document, and each other Loan Party which is incorporated in Switzerland (each a Swiss Loan Party).
Swiss Non-Bank Rules means, together, the Swiss 10-Non-Bank Rule and the Swiss 20-Non-Bank Rule.
Swiss Non-Qualifying Bank means any Person that is not a Swiss Qualifying Bank.
Swiss Qualifying Bank means a Person (including any commercial bank or financial institution (irrespective of its jurisdiction of organization)) acting on its own account which has a banking licence in force and effect issued in accordance with the banking laws in its jurisdiction of incorporation, or if acting through a branch, issued in accordance with the banking laws in the jurisdiction of such branch, and which, in both cases, effectively exercises as its main purpose a true banking activity, having bank personnel, premises, communication devices of its own and authority of decision making all in accordance and as defined in the Swiss Guidelines or in the legislation and explanatory notes addressing the same issues which are in force at such time.
Swiss Relevant Entity means any Swiss Loan Party or any Loan Party capable of becoming subject of insolvency proceedings under applicable Swiss law.
Swiss Subsidiary Guarantor means each Material Foreign Subsidiary organized under the laws of Switzerland.
Swiss Tax Borrower means (a) a Borrower which is incorporated in Switzerland, or (b) which is deemed to be resident in Switzerland or otherwise deemed a Borrower, in each case for the purpose of Swiss Withholding Tax.
Swiss Tax Guarantor means a Guarantor which is incorporated in Switzerland or which is otherwise deemed to be resident in Switzerland for the purpose of Swiss Withholding Tax.
Swiss Withholding Tax means any Taxes levied pursuant to the Swiss Federal Act on Withholding Tax (Bundesgesetz über die Verrechnungssteuer vom 13 Oktober 1965, SR 642.21) as amended from time to time.
Switzerland means the Swiss Confederation.
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Syndication Agent means Bank of America, N.A. in its capacity as syndication agent for the credit facility evidenced by this Agreement.
Taxes means all present or future taxes, levies, imposts, duties, deductions, withholdings, (including backup withholding), value added taxes, or any other goods and services, use or sales taxes, assessments, fees or other charges imposed by any Governmental Authority, including any interest, additions to tax or penalties applicable thereto.
Temporary Increase Amount means the Dollar amount equal to the lesser of:
(a) $25,000,000 and
(b) the sum of:
(i) five percent (5%) of all Eligible Accounts Receivable of the U.S. Borrower; plus
(ii) ten percent (10%) of the product of the Appraised Liquidation Percentage multiplied by the gross cost of all finished goods Inventory owned by the U.S. Borrower and located in the U.S. (other than Puerto Rico) that has been packaged for delivery to a customer; plus
(iii) ten percent (10%) of the product of the Appraised Liquidation Percentage multiplied by the gross cost of all finished goods Inventory owned by the U.S. Borrower and located in the U.S. (other than Puerto Rico) that has not been packaged for delivery to a customer; plus
(iv) ten percent (10%) of the product of the Appraised Liquidation Percentage multiplied by the gross cost of all work-in-process and raw materials Inventory owned by the U.S. Borrower and located in the U.S. (other than Puerto Rico); plus
(v) ten percent (10%) of the product of the Appraised Liquidation Percentage multiplied by the gross cost of all Inventory owned by the U.S. Borrower and located in the U.S. (other than Puerto Rico) and held as a gift to be given with purchased merchandise in the ordinary course of business or as promotional merchandise in the ordinary course of business.
Total Availability means, at any time of determination, the lesser of (a) the Total Commitment Amount and (b) the sum of the U.S. Borrowing Base, the Canadian Borrowing Base and the European Borrowing Bases at such time, minus Aggregate Committed Exposure at such time.
Total Commitment Amount means $300,000,000 as adjusted (plus or minus, as the case may be) by the amount of all reductions and increases to the Commitments pursuant to Section 2.09.
True-Up Loans has the meaning assigned to such term in Section 4.01.
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Type, when used in reference to any Loan or Borrowing, refers to whether the rate of interest on such Loan, or on the Loans comprising such Borrowing, is determined by reference to the Adjusted LIBO Rate, the Alternate Base Rate, CDOR Rate, Canadian Prime Rate or Overnight LIBO Rate.
UCC means the Uniform Commercial Code as in effect from time to time in the State of New York or in any other state the laws of which are required to be applied in connection with the issue of perfection of security interests.
U.K. means the United Kingdom of Great Britain and Northern Ireland.
U.K. Bank Levy means the U.K. bank levy as set forth in Schedule 19 of Finance Act 2011 as of the date of this Agreement.
U.K. Borrower means Elizabeth Arden (UK) Ltd., a company incorporated under the laws of the England and Wales.
U.K. Borrower DTTP Filing means an HM Revenue & Customs Form DTTP2, duly completed and filed by the relevant U.K. Loan Party within the applicable time limit, which contains the scheme reference number and jurisdiction of tax residence provided by a Lender to the Borrower Representative and the Administrative Agent.
U.K. Borrowing Base means, as of any date, the sum of the following, determined as of such date, without duplication:
(a) Eligible Accounts Receivable. The product of the Advance Percent multiplied by the aggregate amount of the U.K. Borrowers Eligible Accounts Receivable; minus
(b) Reserves. Reserves pertaining to the U.K. Borrower.
The U.K. Borrowing Base will be calculated without duplication of any Borrowing Base Deduction for the U.K. Borrower.
U.K. Collateral Documents means each U.K. Security Agreement and each other pledge agreement, security agreement, deed of hypothec, charge, debenture or other collateral agreement that is entered into by any U.K. Loan Party (or any share pledge with respect to the shares of any U.K. Loan Party) in favor of the Administrative Agent, securing all or any portion of the Foreign Secured Obligations, in each case, in form and substance reasonably satisfactory to the Administrative Agent and entered into pursuant to the terms of this Agreement or any other Loan Document.
U.K. DB Plan means an occupational pension scheme which is not a money purchase scheme (both terms as defined in the Pensions Schemes Act 1993 (U.K.), as amended).
U.K. Distributor Agreement means the distributor agreement dated 1 July 2014 between (a) Elizabeth Arden International S.a.r.L. and (b) Elizabeth Arden (UK) Ltd.
U.K. Insolvency Event means:
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(a) a U.K. Relevant Entity is unable or admits inability to pay its debts as they fall due or is deemed to or declared to be unable to pay its debts under applicable law, suspends or threatens to suspend making payments on any of its debts or, by reason of actual or anticipated financial difficulties, commences negotiations with one or more of its creditors with a view to rescheduling any of its indebtedness;
(b) the value of the assets of any U.K. Relevant Entity is less than its liabilities (taking into account contingent and prospective liabilities);
(c) a moratorium is declared in respect of any indebtedness of any U.K. Relevant Entity; provided that, if a moratorium occurs, the ending of the moratorium will not remedy any Event of Default caused by such moratorium;
(d) any corporate action, legal proceedings or other procedure or step is taken in relation to:
(i) the suspension of payments, a moratorium of any indebtedness, winding-up, dissolution, administration or reorganization (by way of voluntary arrangement, scheme of arrangement or otherwise) of any U.K. Relevant Entity;
(ii) a composition, compromise, assignment or arrangement with any creditor of any U.K. Relevant Entity;
(iii) the appointment of a liquidator, receiver, administrative receiver, administrator, compulsory manager or other similar officer in respect of any U.K. Relevant Entity, or any of its assets; or
(iv) enforcement of any Lien over any material assets of any U.K. Relevant Entity,
or any analogous procedure or step is taken in any jurisdiction, save that this paragraph (d) shall not apply to any winding-up petition which is frivolous or vexatious and is discharged, stayed or dismissed within twenty-one (21) days of the earlier of (x) notice thereof to any U.K. Relevant Entity or (y) any U.K. Relevant Entity otherwise becoming aware of the same; or
(e) any expropriation, attachment, sequestration, distress or execution or any analogous process in any jurisdiction affects any asset or assets of a U.K. Relevant Entity, in each such case, such that any such actions or process described in this clause (e) could reasonably be expected to result in a Material Adverse Effect.
U.K. Loan Parties means, collectively, the U.K. Borrower and each U.K. Subsidiary Guarantor that becomes a party hereto and/or to a U.K. Security Agreement.
U.K. Payment Account has the meaning assigned to the term Payment Account in the applicable U.K. Security Agreement.
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U.K. Relevant Entity means any U.K. Loan Party or any Loan Party capable of becoming subject to an order for winding-up or administration under the Insolvency Act 1986 (U.K.) or Companies Act 2006 (U.K.).
U.K. Security Agreement means:
(a) an English law governed security deed entered into between the Administrative Agent, the Swiss Borrower and the U.K. Borrower; and
(b) an English law governed shares charge entered into between the Administrative Agent and Netherlands Holding.
U.K. Subsidiary Guarantor means each Material Foreign Subsidiary incorporated in England and Wales.
Unliquidated Obligations means, at any time, any Secured Obligations (or portion thereof) that are contingent in nature or unliquidated at such time, including any Secured Obligation that is: (a) an obligation to reimburse a bank for drawings not yet made under a letter of credit issued by it; (b) any other obligation (including any guarantee) that is contingent in nature at such time; or (c) an obligation to provide collateral to secure any of the foregoing types of obligations.
Unreserved Bank Product has the meaning set forth in the definition of Bank Products.
U.S. means the United States of America.
U.S. Availability means, at any time, an amount equal to (a) the lesser of (i) the U.S. Commitments and (ii) the U.S. Borrowing Base at such time minus (b) the U.S. Committed Exposure minus (c) any Excess U.S. Borrowing Base Availability being used by any Borrower (other than the U.S. Borrower).
U.S. Borrower has the meaning assigned such term in the introductory paragraph hereto.
U.S. Borrowing means a Revolving Borrowing comprised of U.S. Revolving Loans.
U.S. Borrowing Base means, as of any date, the sum of the following, determined as of such date, without duplication:
(a) Eligible Accounts Receivable. The product of the Advance Percent multiplied by the aggregate amount of the U.S. Borrowers Eligible Accounts Receivable; plus
(b) Finished Goods Inventory; Packaged. Eighty-five percent (85%) of the product of the Appraised Liquidation Percentage multiplied by the gross cost of all finished goods Inventory owned by the U.S. Borrower and located in the U.S. (other than Puerto Rico) which has been packaged for delivery to a customer; plus
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(c) Finished Goods Inventory; Unpackaged. Eighty-five percent (85%) of the product of the Appraised Liquidation Percentage multiplied by the gross cost of all finished goods Inventory owned by the U.S. Borrower and located in the U.S. (other than Puerto Rico) which has not been packaged for delivery to a customer; plus
(d) Raw Materials Inventory. Eighty-five percent (85%) of the product of the Appraised Liquidation Percentage multiplied by the gross cost of all work-in-process and raw materials Inventory owned by the U.S. Borrower and located in the U.S. (other than Puerto Rico); plus
(e) Gift Inventory. The lesser of:
(i) Eighty-five percent (85%) of the product of the Appraised Liquidation Percentage multiplied by the gross cost of all Inventory owned by the U.S. Borrower and located in the U.S. (other than Puerto Rico) and held as a gift to be given with purchased merchandise in the ordinary course of business or as promotional merchandise in the ordinary course of business; or
(ii) $500,000; plus
(f) Temporary Increase. If the date of determination is during the period from and including August 15 to and including October 31 during any fiscal year of the U.S. Borrower, the Temporary Increase Amount; provided, however, that:
(i) if the U.S. Borrower delivers a Borrowing Base Certificate at any time after October 1 of such fiscal year of the U.S. Borrower which shows that the U.S. Availability, as calculated in accordance with such Borrowing Base Certificate, is equal to or greater than the Temporary Increase Amount but calculating the U.S. Borrowing Base on a pro forma basis without giving effect to this clause (f), then effective as of the date of the delivery of such Borrowing Base Certificate, the U.S. Borrower may, by written notice to the Administrative Agent, exclude the amount available under this clause (f) from the U.S. Borrowing Base; and
(ii) this clause (f) shall be included when determining the U.S. Borrowing Base for all purposes under this Agreement, including when determining U.S. Availability, Excess U.S. Borrowing Base Availability, Aggregate Borrowing Base Capacity, U.S. Borrowing Base Capacity and the U.S. Borrowing Base;
plus
(g) Cash Collateral. The amount of cash or cash equivalents that are pledged to the U.S. Collateral Agent as collateral for the Secured Obligations and held by the U.S. Borrower in one or more securities or investment accounts maintained at the Administrative Agent subject to control agreements in favor of the Administrative Agent that are reasonably satisfactory to the Administrative Agent; minus
(h) Reserves. Reserves pertaining to the U.S. Borrower.
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The Administrative Agent shall be entitled to reduce the advance percentages (other than the Advance Percent) used in this definition of U.S. Borrowing Base in its Permitted Discretion. The U.S. Borrowing Base will be calculated without duplication of any Borrowing Base Deduction for the U.S. Borrower.
U.S. Borrowing Base Capacity has the meaning assigned to such term in Section 5.19.
U.S. Collateral Documents means the U.S. Security Agreement and each other pledge agreement, security agreement or other collateral agreement that is entered into by any U.S. Loan Party (or any share pledge with respect to the shares of any U.S. Loan Party) in favor of the U.S. Collateral Agent, securing all or any portion of the Secured Obligations, in each case, in form and substance reasonably satisfactory to the Administrative Agent and entered into pursuant to the terms of this Agreement (including, without limitation, Section 5.07) or any other Loan Document.
U.S. Commitment means, with respect to each U.S. Lender, the commitment, if any, of such U.S. Lender to make U.S. Revolving Loans and to acquire participations in U.S. Protective Advances hereunder, expressed as an amount representing the maximum possible aggregate amount of such U.S. Lenders U.S. Committed Exposure hereunder, as such commitment may be (a) reduced from time to time pursuant to Section 2.09, (b) reduced or increased from time to time pursuant to assignments by or to such U.S. Lender pursuant to Section 8.04, and (c) increased from time to time pursuant to Section 2.09. The initial amount of each U.S. Lenders U.S. Commitment is set forth on the Commitment Schedule, or in the Assignment and Assumption pursuant to which such U.S. Lender shall have assumed its U.S. Commitment, as applicable. The initial aggregate amount of the U.S. Lenders U.S. Commitments is $300,000,000; provided that the U.S. Lenders U.S. Commitments will be reduced by the U.S. Dollar Amount of (i) the Canadian Committed Exposure and (ii) the European Committed Exposure outstanding at any time, and, in each case, the U.S. Commitment of each U.S. Lender will reduce proportionately in accordance with its U.S. Facility Percentage.
U.S. Committed Exposure means: (a) at any time of determination and with respect to all the U.S. Lenders, the sum of the following, without duplication: (i) the aggregate amount of U.S. Loans then outstanding; plus (ii) the aggregate amount of LC Exposure; plus (iii) all interest, expenses, fees or other amounts both accrued and owed to the Agents or the U.S. Lenders under all of the Loan Documents, and (b) at any time of determination and when determined with respect to a U.S. Lender, the sum of the following, without duplication: (i) the aggregate amount of U.S. Loans held by such U.S. Lender then outstanding; plus (ii) such U.S. Lenders participation or other interest in the LC Exposure; plus (iii) such U.S. Lenders participation or other interest in the U.S. Swingline Loans; plus (iv) all interest, expenses, fees or other amounts both accrued and owed to such U.S. Lender under all of the Loan Documents. When the U.S. Committed Exposure of the Swingline Lender is determined in its capacity as a U.S. Lender hereunder, its U.S. Facility Percentage of the U.S. Swingline Loans then outstanding shall be included instead of the total amount of all U.S. Swingline Loans. When the U.S. Committed Exposure of the Issuing Bank is determined in its capacity as a U.S. Lender hereunder, its U.S. Facility Percentage of the LC Exposure then outstanding shall be included instead of the total amount of all LC Exposure.
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U.S. Credit Facility means the senior secured revolving credit facility for the U.S. Borrower established pursuant to Article II.
U.S. Dollar Amount of any currency at any date shall mean (a) the amount of such currency if such currency is U.S. Dollars or (b) the equivalent amount thereof in U.S. Dollars if such currency is a Foreign Currency, calculated on the basis of the Exchange Rate for such currency, on or as of the most recent Computation Date provided for in Section 1.06.
U.S. Dollars or $ refers to lawful money of the U.S.
U.S. Facility Credit Event means a U.S. Borrowing, the issuance, amendment, renewal or extension of a Letter of Credit, the making of a U.S. Swingline Loan or U.S. Protective Advance that the U.S. Lenders are required to participate in pursuant to the terms hereof, or any of the foregoing.
U.S. Facility Percentage means, with respect to any U.S. Lender, the fraction expressed as a percentage determined by dividing such U.S. Lenders U.S. Commitment by the aggregate U.S. Commitments of all U.S. Lenders; provided that, if the U.S. Commitments have terminated or expired, the U.S. Facility Percentage shall be determined based upon such U.S. Lenders share of the aggregate U.S. Committed Exposures of all U.S. Lenders at that time; provided further that, in accordance with Section 2.20, so long as any U.S. Lender shall be a Defaulting Lender, such U.S. Lenders U.S. Commitment shall be disregarded in the foregoing calculation.
U.S. Lender means a Lender with a U.S. Commitment or holding U.S. Revolving Loans.
U.S. Loans means the U.S. Revolving Loans, the U.S. Swingline Loans and the U.S. Protective Advances, collectively.
U.S. Loan Parties means, collectively, the U.S. Borrower and each U.S. Subsidiary Guarantor that becomes a party hereto and/or to the U.S. Security Agreement on the Effective Date or pursuant to Section 5.07.
U.S. Protective Advance has the meaning assigned to such term in Section 2.04.
U.S. Revolving Loan means a Loan to the U.S. Borrower made pursuant to Section 2.01 in U.S. Dollars.
U.S. Security Agreement means, collectively, that certain (a) Second Amended and Restated Security Agreement dated as of the Effective Date by and among the U.S. Collateral Agent, the U.S. Borrower, the U.S. Subsidiary Guarantors and the Swiss Borrower and (b) Security Agreement dated as of October 2, 2015 by the U.S. Borrower in favor of the U.S. Collateral Agent, in each case as the same has been and may be further amended, restated, supplemented or otherwise modified from time to time.
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U.S. Subsidiary Guarantor means each Material Domestic Subsidiary. As of the Effective Date, DF Enterprises, Inc. a Delaware corporation, FD Management, Inc., a Delaware corporation, Elizabeth Arden International Holding, Inc. (formerly known as FFI International, Inc.), a Delaware corporation, RDEN Management, Inc., a Delaware corporation, Elizabeth Arden (Financing), Inc., a Delaware corporation, and Elizabeth Arden Travel Retail, Inc., a Delaware corporation, are the U.S. Subsidiary Guarantors.
U.S. Swingline Loan has the meaning assigned to such term in Section 2.05.
U.S. Person means a United States person within the meaning of Section 7701(a)(30) of the Code.
U.S. Tax Compliance Certificate has the meaning assigned to such term in Section 2.17(f)(ii)(B)(3).
USA PATRIOT Act means the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001.
VAT means (a) any tax imposed in compliance with the Council Directive of 28 November 2006 on the common system of value added tax (EC Directive 2006/112); and (b) any other tax of a similar nature, whether imposed in a member state of the European Union in substitution for, or levied in addition to, such tax referred to in clause (a) of this definition or imposed elsewhere.
Write-Down and Conversion Powers means, with respect to any EEA Resolution Authority, the write-down and conversion powers of such EEA Resolution Authority from time to time under the Bail-In Legislation for the applicable EEA Member Country, which write-down and conversion powers are described in the EU Bail-In Legislation Schedule.
Section 1.02 Classification of Loans and Borrowings. For purposes of this Agreement, Loans may be classified and referred to by Class (e.g., a Revolving Loan) or by Type (e.g., a Eurodollar Loan) or by Class and Type (e.g., a Eurodollar Revolving Loan). Borrowings also may be classified and referred to by Class (e.g., a Revolving Borrowing) or by Type (e.g., a Eurodollar Borrowing) or by Class and Type (e.g., a Eurodollar Revolving Borrowing).
Section 1.03 Terms Generally. The definitions of terms herein shall apply equally to the singular and plural forms of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms. The words include, includes and including shall be deemed to be followed by the phrase without limitation. The word law shall be construed as referring to all statutes, rules, regulations, codes and other laws (including official rulings and interpretations thereunder having the force of law or with which affected Persons customarily comply) and all judgments, orders and decrees of all Governmental Authorities. The word will shall be construed to have the same meaning and effect as the word shall. Unless the context requires otherwise (a) any definition of or reference to any agreement, instrument or other document herein shall be construed as referring to such agreement, instrument or other document as from time to time amended, restated, supplemented or otherwise modified (subject to any restrictions on such amendments, restatements, supplements or modifications set forth herein), (b) any definition of or reference to any statute, rule or regulation shall be construed as referring thereto as from time to time
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amended, supplemented or otherwise modified (including by succession of comparable successor laws), (c) any reference herein to any Person shall be construed to include such Persons successors and assigns (subject to any restrictions on assignments set forth herein) and, in the case of any Governmental Authority, any other Governmental Authority that shall have succeeded to any or all functions thereof, (d) the words herein, hereof and hereunder, and words of similar import, shall be construed to refer to this Agreement in its entirety and not to any particular provision hereof, (e) all references herein to Articles, Sections, Exhibits and Schedules shall be construed to refer to Articles and Sections of, and Exhibits and Schedules to, this Agreement, (f) any reference in any definition to the phrase at any time or for any period shall refer to the same time or period for all calculations or determinations within such definition, and (g) the words asset and property shall be construed to have the same meaning and effect and to refer to any and all tangible and intangible assets and properties, including cash, securities, accounts and contract rights.
Section 1.04 Accounting Terms; GAAP. Except as otherwise expressly provided herein, all terms of an accounting or financial nature shall be construed in accordance with GAAP, as in effect from time to time; provided that, if after the date hereof the Borrowers migrate to IFRS or there occurs any change in GAAP or in the application thereof on the operation of any provision hereof and the Borrower Representative notifies the Administrative Agent that the Borrowers request an amendment to any provision hereof to eliminate the effect of such migration to IFRS or change in GAAP or in the application thereof (or if the Administrative Agent notifies the Borrower Representative that the Required Lenders request an amendment to any provision hereof for such purpose), regardless of whether any such notice is given before or after such migration to IFRS or change in GAAP or in the application thereof, then such provision shall be interpreted on the basis of GAAP as in effect and applied immediately before such migration or change shall have become effective until such notice shall have been withdrawn or such provision amended in accordance herewith. Notwithstanding any other provision contained herein, all terms of an accounting or financial nature used herein shall be construed, and all computations of amounts and ratios referred to herein shall be made (i) without giving effect to any election under Financial Accounting Standards Board Accounting Standards Codification 825-10-25 (or any other Accounting Standards Codification or Financial Accounting Standard having a similar result or effect) to value any Indebtedness or other liabilities of the U.S. Borrower or any of its Subsidiaries at fair value, as defined therein and (ii) without giving effect to any treatment of Indebtedness in respect of convertible debt instruments under Financial Accounting Standards Board Accounting Standards Codification 470-20 (or any other Accounting Standards Codification or Financial Accounting Standard having a similar result or effect) to value any such Indebtedness in a reduced or bifurcated manner as described therein, and such Indebtedness shall at all times be valued at the full stated principal amount thereof.
Section 1.05 Status of Obligations. The Secured Obligations are hereby designated as senior indebtedness and as designated senior indebtedness and words of similar import under and in respect of any indenture or other agreement or instrument under which such Subordinated Indebtedness is outstanding and are further given all such other designations as shall be required under the terms of any such Subordinated Indebtedness in order that the Lenders may have and exercise any payment blockage or other remedies available or potentially available to holders of senior indebtedness under the terms of such Subordinated Indebtedness.
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Section 1.06 Determination of U.S. Dollar Amounts. The Administrative Agent will determine the U.S. Dollar Amount of:
(a) each Eurodollar Borrowing in a Foreign Currency as of the date two (2) Business Days prior to the date of such Borrowing or, if applicable, the date of conversion/continuation of any Borrowing as a Eurodollar Borrowing in a Foreign Currency,
(b) each Canadian Prime Rate or CDOR Borrowing as of the date of such Borrowing or, if applicable, the date of conversion/continuation of any Borrowing as a Canadian Prime Rate or CDOR Borrowing,
(c) the LC Exposure as of the date of each request for the issuance, amendment, renewal or extension of any Letter of Credit, and
(d) all outstanding Credit Events on and as of the last Business Day of each calendar quarter and, during the continuation of an Event of Default, on any other Business Day elected by the Administrative Agent in its sole discretion or upon instruction by the Required Lenders.
Each day upon or as of which the Administrative Agent determines U.S. Dollar Amounts as described in the preceding clauses (a), (b), (c) and (d) is herein described as a Computation Date with respect to each Credit Event for which a U.S. Dollar Amount is determined on or as of such day.
Section 1.07 Dutch Terms. In this Agreement, where it relates to an entity organized under the laws of the Netherlands, a reference to (a) a necessary action to authorise, where applicable, includes without limitation any action required to comply with the Dutch Works Councils Act (Wet op de ondernemingsraden) and obtaining positive advice (advies) from each competent works council which, if conditional, contains conditions which can reasonably be complied with and would not cause and are not reasonably likely to cause a breach with any term of this Agreement; and (b) a security interest includes any mortgage (hypotheek), pledge (pandrecht), retention of title arrangement (eigendomsvoorbehoud), right of retention (recht van retentie), right to reclaim goods (recht van reclame), and, in general, any right in rem (beperkt recht), created for the purpose of granting security (goederenrechtelijk zekerheidsrecht); and an attachment includes a beslag.
ARTICLE II
The Credits
Section 2.01 Commitments. Subject to the terms and conditions set forth herein, (a) each U.S. Lender severally agrees to make U.S. Revolving Loans in U.S. Dollars to the U.S. Borrower, (b) each Canadian Lender severally agrees to make Canadian Revolving Loans in U.S. Dollars or Canadian Dollars to the Canadian Borrower and (c) each European Lender severally
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agrees to make European Revolving Loans in U.S. Dollars, Euro, Swiss Francs and Sterling to the German Borrower, the Swiss Borrower and the U.K. Borrower, in each case, from time to time during the Availability Period if, after giving effect thereto:
(i) each U.S. Lenders U.S. Committed Exposure would not exceed such U.S. Lenders U.S. Commitment;
(ii) each Canadian Lenders Canadian Committed Exposure would not exceed such Canadian Lenders Canadian Commitment;
(iii) each European Lenders European Committed Exposure would not exceed such European Lenders European Commitment;
(iv) the U.S. Availability would not be less than zero;
(v) the Canadian Committed Exposure would not exceed an amount equal to the lesser of (x) the Canadian Commitment and (y) the sum of (A) the Canadian Borrowing Base and (B) any Excess U.S. Borrowing Base Availability being used by the Canadian Borrower at such time; and
(vi) (A) the European Committed Exposure would not exceed an amount equal to the lesser of (x) the European Commitment and (y) the sum of (1) the European Borrowing Bases and (2) all Excess U.S. Borrowing Base Availability being used by the European Borrowers at such time, and (B) the European Committed Exposure with respect to European Loans to each European Borrower would not exceed the sum of (1) the European Borrowing Base of such European Borrower and (2) any Excess U.S. Borrowing Base Availability being used by such European Borrower at such time;
subject, in each case, to the Administrative Agents authority, in its sole discretion, to make Protective Advances pursuant to the terms of Section 2.04. Within the foregoing limits and subject to the terms and conditions set forth herein, each of the Borrowers may borrow, prepay and reborrow Revolving Loans. The limitations on Borrowings referred to in clauses (i) through (vii) above are referred to collectively as the Revolving Exposure Limitations.
Section 2.02 Loans and Borrowings.
(a) Each Loan (other than a Swingline Loan) shall be made as part of a Borrowing consisting of Loans of the same Class and Type made by the Lenders ratably in accordance with their respective Commitments of the applicable Class. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lenders failure to make Loans as required. Any Protective Advance or any Swingline Loan shall be made in accordance with the procedures set forth in Sections 2.04 and 2.05.
(b) Subject to Section 2.14, (i) each Revolving Borrowing denominated in U.S. Dollars and made to the U.S. Borrower or the Canadian Borrower shall be comprised entirely of ABR Loans or Eurodollar Loans, (ii) each Revolving Borrowing denominated in
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Canadian Dollars shall be made to solely the Canadian Borrower and will be comprised entirely of Canadian Prime Rate Loans or CDOR Rate Loans, (iii) each Revolving Borrowing denominated in U.S. Dollars, Sterling, Swiss Francs or Euro and made to the Foreign Borrowers (other than the Canadian Borrower) shall be comprised entirely of Eurodollar Loans, in each case, as the Borrower Representative may request in accordance herewith; provided that, the only Borrowings that can be made on the Effective Date are ABR Borrowings and Canadian Prime Rate Borrowings, which may be converted into Eurodollar or CDOR Borrowings, as applicable, in accordance with Section 2.08. Each Swingline Loan made to the U.S. Borrower shall be denominated in U.S. Dollars and shall be an ABR Loan. Each Swingline Loan made to any European Borrower shall be denominated in U.S. Dollars, Sterling, Swiss Francs or Euro and shall be an Overnight LIBO Rate Borrowing. Each Swingline Loan made to the Canadian Borrower shall be denominated in Canadian Dollars or U.S. Dollars and be a Canadian Prime Rate Loan or ABR Loan, respectively. Each Lender at its option may make any Loan by causing any domestic or foreign branch or Affiliate of such Lender to make such Loan (and in the case of an Affiliate, the provisions of Sections 2.14, 2.15, 2.16 and 2.17 shall apply to such Affiliate to the same extent as to such Lender); provided that any exercise of such option shall not affect the obligation of the relevant Borrower to repay such Loan in accordance with the terms of this Agreement.
(c) At the commencement of each Interest Period for any Eurodollar Borrowing or CDOR Borrowing, such Borrowing shall be in an aggregate amount that is an integral multiple of $100,000 (or, if such Borrowing is denominated in a Foreign Currency, 100,000 units of such currency) and not less than $500,000 (or, if such Borrowing is denominated in a Foreign Currency, 500,000 units of such currency). ABR Borrowings may be in any amount. Borrowings of more than one Type and Class may be outstanding at the same time; provided however, at no time during the period of (i) August 15 to and including October 31 of any fiscal year of the U.S. Borrower shall there be more than fourteen (14) different Eurodollar Borrowings and CDOR Borrowings collectively outstanding at any time and (ii) November 1 to and including August 14 of any fiscal year of the U.S. Borrower shall there be more than eight (8) different Eurodollar Borrowings and CDOR Borrowings collectively outstanding at any time.
(d) Notwithstanding any other provision of this Agreement, neither the Borrower Representative nor any Borrower shall be entitled to request, or to elect to convert or continue, any Borrowing if the Interest Period requested with respect thereto would end after the Maturity Date.
Section 2.03 Requests for Revolving Borrowings. To request a Revolving Borrowing, the Borrower Representative shall notify the Administrative Agent of such request either in writing (delivered by hand or facsimile) in a form approved by the Administrative Agent and signed by the Borrower Representative or (other than in respect of European Revolving Loans, which can only be requested in writing) by telephone or through Electronic System, if arrangements for doing so have been approved by the Administrative Agent, not later than (a) in the case of a Eurodollar Borrowing or CDOR Borrowing, 10:00 a.m., Local Time, three (3) Business Days before the date of the proposed Borrowing, (b) in the case of an ABR Borrowing, noon, Local Time, on the date of the proposed Borrowing or (c) in the case of a Canadian Prime Rate Borrowing, 10:00 a.m., Local Time, one (1) Business Day before the date of the proposed
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Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery, facsimile or a communication through Electronic System to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower Representative. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the name of the applicable Borrower(s);
(ii) the aggregate amount of the requested Revolving Borrowing and a breakdown of the separate wires comprising such Borrowing;
(iii) the date of such Revolving Borrowing, which shall be a Business Day;
(iv) whether such Revolving Borrowing is to be an ABR Borrowing, a Canadian Prime Rate Borrowing, a CDOR Rate Borrowing or a Eurodollar Borrowing;
(v) in the case of a Eurodollar Borrowing, the Agreed Currency of such Borrowing;
(vi) in the case of a Foreign Borrowing, whether the applicable Foreign Borrower proposes to use any Excess U.S. Borrowing Base Availability; and
(vii) in the case of a Eurodollar Borrowing or a CDOR Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term Interest Period.
If no election as to the Type of Revolving Borrowing is specified, then (a) in the case of a Borrowing denominated in U.S. Dollars to the U.S. Borrower or the Canadian Borrower, the requested Revolving Borrowing shall be an ABR Borrowing, (b) in the case of a Borrowing denominated in Canadian Dollars, the requested Revolving Borrowing shall be a Canadian Prime Rate Borrowing and (c) in the case of a Borrowing denominated in U.S. Dollars, Sterling, Swiss Franc or Euro to any Foreign Borrower (other than the Canadian Borrower), the requested Revolving Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to any requested Eurodollar or CDOR Revolving Borrowing, then the Borrower Representative shall be deemed to have selected an Interest Period of one months duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lenders Loan to be made as part of the requested Borrowing.
Section 2.04 Protective Advances.
(a) Subject to the limitations set forth below, the Administrative Agent is authorized by the Borrowers and the Lenders, from time to time in the Administrative Agents sole discretion (but shall have absolutely no obligation to), to make (i) Loans (U.S. Protective Advances) to the U.S. Borrower in U.S. Dollars on behalf of the U.S. Lenders, (ii) Loans (Canadian Protective Advances) to the Canadian Borrower in Canadian Dollars or U.S.
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Dollars on behalf of the Canadian Lenders or (iii) Loans (European Protective Advances) to any European Borrower in U.S. Dollars, Sterling, Swiss Franc or Euro on behalf of the European Lenders, in each case, which the Administrative Agent, in its Permitted Discretion, deems necessary or desirable (A) to preserve or protect the Collateral, or any portion thereof, or (B) to pay any amount chargeable to or required to be paid by the Borrowers pursuant to the terms of this Agreement that the applicable Borrower has failed to pay when due hereunder, including payments of reimbursable expenses (including costs, fees, and expenses as described in Section 8.03) and other sums payable under the Loan Documents; provided that, (1) the aggregate amount of the U.S. Protective Advances outstanding at any time and made on behalf of the U.S. Lenders shall not exceed 5% of the aggregate U.S. Commitments of all U.S. Lenders at such time, (2) the U.S. Dollar Amount of the aggregate amount of Canadian Protective Advances outstanding at any time and made on behalf of the Canadian Lenders shall not exceed 5% of the aggregate Canadian Commitments of all Canadian Lenders at such time, (3) the U.S. Dollar Amount of the aggregate amount of European Protective Advances outstanding at any time and made on behalf of the European Lenders shall not exceed 5% of the aggregate European Commitments of all European Lenders at such time,(4) after giving effect to any U.S. Protective Advance, the U.S. Committed Exposure of all U.S. Lenders shall not exceed the U.S. Commitments of all U.S. Lenders, (5) after giving effect to any Canadian Protective Advance, the Canadian Committed Exposure of all Canadian Lenders shall not exceed the Canadian Commitments of all Canadian Lenders and (6) after giving effect to any European Protective Advance, the European Committed Exposure of all European Lenders shall not exceed the European Commitments of all European Lenders. Protective Advances may be made even if the conditions precedent set forth in Section 4.02 have not been satisfied. The Protective Advances shall be secured by the Liens in favor of the applicable Agent in and to the Collateral and shall constitute Obligations hereunder. All Protective Advances made to the U.S. Borrower or the Canadian Borrower in U.S. Dollars shall be ABR Borrowings, all Protective Advances made to any Foreign Borrower (other than the Canadian Borrower) shall be Overnight LIBO Rate Borrowings and all Protective Advances made to the Canadian Borrower in Canadian Dollars shall be Canadian Prime Rate Borrowings. The Administrative Agents authorization to make Protective Advances may be revoked at any time by the Required Lenders. Any such revocation must be in writing and shall become effective prospectively upon the Administrative Agents receipt thereof. At any time the conditions precedent set forth in Section 4.02 have been satisfied, the Administrative Agent may request the applicable Lenders make a Revolving Loan to repay a Protective Advance. At any other time the Administrative Agent may require the Lenders to fund their risk participations described in Section 2.04(b).
(b) Upon the making of a Protective Advance by the Administrative Agent (whether before or after the occurrence of a Default), each applicable Lender shall be deemed, without further action by any party hereto, to have unconditionally and irrevocably purchased from the Administrative Agent without recourse or warranty, an undivided interest and participation in such Protective Advance in proportion to its Applicable Percentage. From and after the date, if any, on which any Lender is required to fund its participation in any Protective Advance purchased hereunder, the Administrative Agent shall promptly distribute to such Lender, such Lenders Applicable Percentage of all payments of principal and interest and all proceeds of Collateral received by the Administrative Agent in respect of such Protective Advance.
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Section 2.05 Swingline Loans. (a) Subject to the terms and conditions set forth herein, the Swingline Lender agrees to make (i) Swingline Loans (U.S. Swingline Loans) in U.S. Dollars to the U.S. Borrower on behalf of the U.S. Lenders, (ii) Swingline Loans (European Swingline Loans) in U.S. Dollars, Sterling, Swiss Franc or Euro to any European Borrower on behalf of the European Lenders and (iii) Swingline Loans (Canadian Swingline Loans and, together with the U.S. Swingline Loans and the European Swingline Loans, the Swingline Loans) in Canadian Dollars or U.S. Dollars to the Canadian Borrower on behalf of the Canadian Lenders, in each case, from time to time during the Availability Period so long as the making of any such Swingline Loan will not result in (A) the aggregate principal amount of outstanding U.S. Swingline Loans to exceed $20,000,000, (B) the U.S. Dollar Amount of the aggregate principal amount of outstanding European Swingline Loans to exceed $10,000,000 prior to the date on which each European Loan Party has achieved compliance with the requirements of Section 5.20(d), and thereafter $30,000,000, (C) the U.S. Dollar Amount of the aggregate principal amount of outstanding Canadian Swingline Loans to exceed $5,000,000 or (D) the failure to satisfy the Revolving Exposure Limitations; provided that the Swingline Lender shall not be required to make a Swingline Loan to refinance an outstanding Swingline Loan. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrowers may borrow, prepay and reborrow Swingline Loans. To request a Swingline Loan, the Borrower Representative shall notify the Administrative Agent of such request (x) (other than in respect of a European Swingline Loan, which can only be requested in writing) by telephone (confirmed by facsimile) or (y) in writing, in each case, not later than (1) 12:00 p.m., Local Time, on the day of a proposed Swingline Loan for the U.S. Borrower and (2) 11:00 a.m., Local Time, on the day of a proposed Swingline Loan for any Foreign Borrower not denominated in Swiss Franc or 11:00 am Local Time one Business Day prior to the date of the requested Swingline Loan for any Swingline Loan denominated in Swiss Franc. Each such notice (whether by telephone or written) shall be irrevocable and shall specify (i) the Borrower requesting such Swingline Loan, (ii) the requested date (which shall be a Business Day) of such Swingline Loan, (iii) in the case of a European Swingline Loan or Canadian Swingline Loan, the requested currency of such Swingline Loan and (iv) the amount of the requested Swingline Loan. The Administrative Agent will promptly advise the Swingline Lender of any such notice received from the Borrower Representative. The Swingline Lender shall make each Swingline Loan available to the applicable Borrower by means of a credit to the Funding Account(s) (or, in the case of a Swingline Loan made to finance the reimbursement of an LC Disbursement as provided in Section 2.06(e), by remittance to the Issuing Bank, and in the case of repayment of another Loan or fees or expenses as provided by Section 2.18(c), by remittance to the Administrative Agent to be distributed to the Lenders) by 2:00 p.m., Local Time, on the requested date of such Swingline Loan. Each U.S. Swingline Loan shall be an ABR Loan, each European Swingline Loan shall be an Overnight LIBO Rate Loan and each Canadian Swingline Loan shall be a Canadian Prime Rate Loan (if such Canadian Swingline Loan is denominated in Canadian Dollars) or ABR Loan (if such Canadian Swingline Loan is denominated in U.S. Dollars).
(b) Upon the making of a Swingline Loan (whether before or after the occurrence of a Default and regardless of whether a Settlement has been requested with respect to such Swingline Loan), each applicable Lender shall be deemed, without further action by any party hereto, to have unconditionally and irrevocably purchased from the Swingline Lender,
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without recourse or warranty, an undivided interest and participation in such Swingline Loan in proportion to its Applicable Percentage. The Swingline Lender may, at any time, require the applicable Lenders to fund their participations. From and after the date, if any, on which any applicable Lender is required to fund its participation in any Swingline Loan purchased hereunder, the Administrative Agent shall promptly distribute to such Lender, such Lenders Applicable Percentage of all payments of principal and interest and all proceeds of Collateral received by the Administrative Agent in respect of such Swingline Loan.
(c) The Administrative Agent, on behalf of the Swingline Lender, will request settlement (a Settlement) with the applicable Lenders on at least a weekly basis or on any date that the Administrative Agent elects, by notifying the applicable Lenders of such requested Settlement by facsimile, telephone, or e-mail no later than 11:00 a.m., Local Time (i) on the date of such requested Settlement (the Settlement Date), in the case of U.S. Swingline Loans or Canadian Swingline Loans, and (ii) at least three (3) Business Days prior to the Settlement Date, in the case of European Swingline Loans. Each of the applicable Lenders (other than the Swingline Lender, in the case of the Swingline Loans) shall transfer the amount of such Lenders Applicable Percentage of the outstanding principal amount of the applicable Swingline Loan with respect to which Settlement is requested to the Administrative Agent, to such account of the Administrative Agent as the Administrative Agent may designate, not later than 2:00 p.m., Local Time, on such Settlement Date. Settlements may occur during the existence of a Default and whether or not the applicable conditions precedent set forth in Section 4.02 have then been satisfied. Such amounts transferred to the Administrative Agent shall be applied against the amounts of the Swingline Lenders applicable Swingline Loans and, together with Swingline Lenders Applicable Percentage of such Swingline Loan, shall constitute Revolving Loans of such applicable Lenders accruing interest as an ABR Loan for any U.S. Revolving Loan, as a Canadian Prime Rate Loan for any Canadian Revolving Loan or a Eurodollar Loan with an Interest Period of one (1) week for any European Revolving Loan, as applicable. If any such amount is not transferred to the Administrative Agent by any applicable Lender on such Settlement Date, the Swingline Lender shall be entitled to recover from such Lender on demand such amount, together with interest thereon, as specified in Section 2.07.
Section 2.06 Letters of Credit.
(a) General. Subject to the terms and conditions set forth herein, the U.S. Borrower may request the issuance of Letters of Credit for its own account, as the applicant thereof for the support of its or its Subsidiaries obligations, in a form reasonably acceptable to the Administrative Agent and the Issuing Bank, at any time and from time to time during the Availability Period. In the event of any inconsistency between the terms and conditions of this Agreement and the terms and conditions of any form of letter of credit application or other agreement submitted by the U.S. Borrower to, or entered into by the U.S. Borrower with, the Issuing Bank relating to any Letter of Credit, the terms and conditions of this Agreement shall control. The U.S. Borrower unconditionally and irrevocably agrees that, in connection with any Letter of Credit issued for the support of any Subsidiarys obligations as provided in the first sentence of this paragraph, the U.S. Borrower will be fully responsible for the reimbursement of LC Disbursements in accordance with the terms hereof, the payment of interest thereon and the payment of fees due under Section 2.12(b) to the same extent as if it were the sole account party in respect of such Letter of Credit (the U.S. Borrower hereby irrevocably waiving any defenses
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that might otherwise be available to it as a guarantor or surety of the obligations of such Subsidiary that is an account party in respect of any such Letter of Credit). Notwithstanding anything herein to the contrary, the Issuing Bank shall have no obligation hereunder to issue, and shall not issue, any Letter of Credit (i) the proceeds of which would be made available to any Person (A) to fund any activity or business of or with any Sanctioned Person, or in any Sanctioned Country, except as permitted or exempt under applicable Sanctions or (B) in any manner that would result in a violation of any Sanctions by any party to this Agreement, (ii) if any order, judgment or decree of any Governmental Authority or arbitrator shall by its terms purport to enjoin or restrain the Issuing Bank from issuing such Letter of Credit, or any Requirement of Law relating to the Issuing Bank or any request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over the Issuing Bank shall prohibit, or request that the Issuing Bank refrain from, the issuance of letters of credit generally or such Letter of Credit in particular or shall impose upon the Issuing Bank with respect to such Letter of Credit any restriction, reserve or capital requirement (for which the Issuing Bank is not otherwise compensated hereunder) not in effect on the Effective Date, or shall impose upon the Issuing Bank any unreimbursed loss, cost or expense which was not applicable on the Effective Date and which the Issuing Bank in good faith deems material to it, or (iii) if the issuance of such Letter of Credit would violate one or more policies of the Issuing Bank applicable to letters of credit generally; provided that, notwithstanding anything herein to the contrary, (x) the Dodd-Frank Wall Street Reform and Consumer Protection Act and all requests, rules, guidelines, requirements or directives thereunder or issued in connection therewith or in the implementation thereof, and (y) all requests, rules, guidelines, requirements or directives promulgated by the Bank for International Settlements, the Basel Committee on Banking Supervision (or any successor or similar authority) or the United States or foreign regulatory authorities, in each case pursuant to Basel III, shall in each case be deemed not to be in effect on the Effective Date for purposes of clause (ii) above, regardless of the date enacted, adopted, issued or implemented. The Existing Letters of Credit shall be deemed to be Letters of Credit issued on the Effective Date for all purposes of the Loan Documents.
(b) Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the U.S. Borrower shall deliver by hand or facsimile (or transmit through Electronic Systems, if arrangements for doing so have been approved by the Issuing Bank) to the Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit (which Letter of Credit shall be in a form reasonably acceptable to the Administrative Agent and the Issuing Bank), or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the Agreed Currency applicable thereto, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Bank, the U.S. Borrower also shall submit a letter of credit application on the Issuing Banks standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrowers shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the U.S. Dollar Amount of the aggregate LC Exposure shall not exceed $25,000,000, and (ii) the Revolving Exposure Limitations shall be satisfied.
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(c) Expiration Date. Each Letter of Credit shall expire (or be subject to termination or non-renewal by notice from the Issuing Bank to the beneficiary thereof) at or prior to the close of business on the earlier of (i) the date one year after the date of the issuance of such Letter of Credit (or, in the case of any renewal or extension thereof, including, without limitation, any automatic renewal provision, one year after such renewal or extension) and (ii) the date that is one Business Day prior to the Maturity Date, or, if such Letter of Credit is issued to a beneficiary outside the United States, the date that is five Business Days prior to the Maturity Date.
(d) Participations. By the issuance of a Letter of Credit (or an amendment to a Letter of Credit increasing the amount thereof) and without any further action on the part of the Issuing Bank or the U.S. Lenders, the Issuing Bank hereby grants to each U.S. Lender, and each U.S. Lender hereby acquires from the Issuing Bank, a participation in such Letter of Credit equal to such U.S. Lenders Applicable Percentage of the aggregate amount available to be drawn under such Letter of Credit. In consideration and in furtherance of the foregoing, each U.S. Lender hereby absolutely and unconditionally agrees to pay to the Administrative Agent, for the account of the Issuing Bank, such U.S. Lenders Applicable Percentage of each LC Disbursement made by the Issuing Bank and not reimbursed by the U.S. Borrower on the date due as provided in paragraph (e) of this Section, or of any reimbursement payment required to be refunded to the U.S. Borrower for any reason. Each U.S. Lender acknowledges and agrees that its obligation to acquire participations pursuant to this paragraph in respect of Letters of Credit is absolute and unconditional and shall not be affected by any circumstance whatsoever, including any amendment, renewal or extension of any Letter of Credit or the occurrence and continuance of a Default or reduction or termination of the Commitments, and that each such payment shall be made without any offset, abatement, withholding or reduction whatsoever.
(e) Reimbursement. If the Issuing Bank shall make any LC Disbursement in respect of a Letter of Credit, the U.S. Borrower shall reimburse such LC Disbursement by paying to the Administrative Agent in U.S. Dollars the U.S. Dollar Amount equal to such LC Disbursement (or if the Issuing Bank shall so elect in its sole discretion by notice to the U.S. Borrower, in such other Agreed Currency which was paid by the Issuing Bank pursuant to such LC Disbursement in an amount equal to such LC Disbursement) (i) not later than 2:00 p.m., Local Time, on the date that such LC Disbursement is made, if the U.S. Borrower shall have received notice of such LC Disbursement prior to 10:00 a.m., Local Time, on such date, or, (ii) if such notice has not been received by the U.S. Borrower prior to such time on such date, then not later than 2:00 p.m., Local Time, on (A) the Business Day that the U.S. Borrower receives such notice, if such notice is received prior to 10:00 a.m., Local Time, on the day of receipt, or (B) the Business Day immediately following the day that the U.S. Borrower receives such notice, if such notice is not received prior to such time on the day of receipt; provided that, the U.S. Borrower may, subject to the conditions to borrowing set forth herein, request in accordance with Section 2.03 or Section 2.05 that such payment be financed with an ABR Revolving Borrowing or U.S. Swingline Loan in an equivalent amount and, to the extent so financed, the U.S. Borrowers obligation to make such payment shall be discharged and replaced by the resulting
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ABR Revolving Borrowing or U.S. Swingline Loan. If the U.S. Borrower fails to make such payment when due, the Administrative Agent shall notify each U.S. Lender of the applicable LC Disbursement, the payment then due from the U.S. Borrower in respect thereof and such Lenders Applicable Percentage thereof. Promptly following receipt of such notice, each U.S. Lender shall pay to the Administrative Agent its Applicable Percentage of the payment then due from the U.S. Borrower, in the same manner as provided in Section 2.07 with respect to Loans made by such Lender (and Section 2.07 shall apply, mutatis mutandis, to the payment obligations of the U.S. Lenders), and the Administrative Agent shall promptly pay to the Issuing Bank the amounts so received by it from the U.S. Lenders. Promptly following receipt by the Administrative Agent of any payment from the U.S. Borrower pursuant to this paragraph, the Administrative Agent shall distribute such payment to the Issuing Bank or, to the extent that the U.S. Lenders have made payments pursuant to this paragraph to reimburse the Issuing Bank, then to such Lenders and the Issuing Bank as their interests may appear. Any payment made by a U.S. Lender pursuant to this paragraph to reimburse the Issuing Bank for any LC Disbursement (other than the funding of ABR Revolving Loans or a Swingline Loan as contemplated above) shall not constitute a Loan and shall not relieve the U.S. Borrower of its obligation to reimburse such LC Disbursement.
(f) Obligations Absolute. The U.S. Borrowers obligation to reimburse LC Disbursements as provided in paragraph (e) of this Section shall be absolute, unconditional and irrevocable, and shall be performed strictly in accordance with the terms of this Agreement under any and all circumstances whatsoever and irrespective of (i) any lack of validity or enforceability of any Letter of Credit or this Agreement, or any term or provision therein or herein, (ii) any draft or other document presented under a Letter of Credit proving to be forged, fraudulent or invalid in any respect or any statement therein being untrue or inaccurate in any respect, (iii) any payment by the Issuing Bank under a Letter of Credit against presentation of a draft or other document that does not comply with the terms of such Letter of Credit, or (iv) any other event or circumstance whatsoever, whether or not similar to any of the foregoing, that might, but for the provisions of this Section, constitute a legal or equitable discharge of, or provide a right of setoff against, the U.S. Borrowers obligations hereunder. None of the Administrative Agent, the U.S. Lenders, the Issuing Bank or any of their Related Parties, shall have any liability or responsibility by reason of or in connection with the issuance or transfer of any Letter of Credit or any payment or failure to make any payment thereunder (irrespective of any of the circumstances referred to in the preceding sentence), or any error, omission, interruption, loss or delay in transmission or delivery of any draft, notice or other communication under or relating to any Letter of Credit (including any document required to make a drawing thereunder), any error in interpretation of technical terms or any consequence arising from causes beyond the control of the Issuing Bank; provided that the foregoing shall not be construed to excuse the Issuing Bank from liability to the U.S. Borrower to the extent of any direct damages (as opposed to special, indirect, consequential or punitive damages, claims in respect of which are hereby waived by the U.S. Borrower to the extent permitted by applicable law) suffered by the U.S. Borrower that are caused by the Issuing Banks failure to exercise care when determining whether drafts and other documents presented under a Letter of Credit comply with the terms thereof. The parties hereto expressly agree that, in the absence of gross negligence or willful misconduct on the part of the Issuing Bank (as finally determined by a court of competent jurisdiction), the Issuing Bank shall be deemed to have exercised care in each such determination. In furtherance of the foregoing
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and without limiting the generality thereof, the parties agree that, with respect to documents presented which appear on their face to be in substantial compliance with the terms of a Letter of Credit, the Issuing Bank may, in its sole discretion, either accept and make payment upon such documents without responsibility for further investigation, regardless of any notice or information to the contrary, or refuse to accept and make payment upon such documents if such documents are not in strict compliance with the terms of such Letter of Credit.
(g) Disbursement Procedures. The Issuing Bank shall, promptly following its receipt thereof, examine all documents purporting to represent a demand for payment under a Letter of Credit. The Issuing Bank shall promptly notify the Administrative Agent and the U.S. Borrower by telephone (confirmed by facsimile) of such demand for payment and whether the Issuing Bank has made or will make an LC Disbursement thereunder; provided that any failure to give or delay in giving such notice shall not relieve the U.S. Borrower of its obligation to reimburse the Issuing Bank and the U.S. Lenders with respect to any such LC Disbursement.
(h) Interim Interest. If the Issuing Bank shall make any LC Disbursement, then, unless the U.S. Borrower shall reimburse such LC Disbursement in full on the date such LC Disbursement is made, the unpaid amount thereof shall bear interest, for each day from and including the date such LC Disbursement is made to but excluding the date that the U.S. Borrower reimburses such LC Disbursement, at the rate per annum then applicable to ABR Revolving Loans and such interest shall be payable on the date when such reimbursement is due; provided that, if the U.S. Borrower fails to reimburse such LC Disbursement when due pursuant to paragraph (e) of this Section, then Section 2.13 shall apply. Interest accrued pursuant to this paragraph shall be for the account of the Issuing Bank, except that interest accrued on and after the date of payment by any U.S. Lender pursuant to paragraph (e) of this Section to reimburse the Issuing Bank shall be for the account of such Lender to the extent of such payment.
(i) Replacement of the Issuing Bank.
(i) The Issuing Bank may be replaced at any time by written agreement among the Borrower Representative, the Administrative Agent, the replaced Issuing Bank and the successor Issuing Bank. The Administrative Agent shall notify the U.S. Lenders of any such replacement of the Issuing Bank. At the time any such replacement shall become effective, the U.S. Borrower shall pay all unpaid fees accrued for the account of the replaced Issuing Bank pursuant to Section 2.12(b). From and after the effective date of any such replacement, (A) the successor Issuing Bank shall have all the rights and obligations of the Issuing Bank under this Agreement with respect to Letters of Credit to be issued thereafter and (B) references herein to the term Issuing Bank shall be deemed to refer to such successor or to any previous Issuing Bank, or to such successor and all previous Issuing Banks, as the context shall require. After the replacement of an Issuing Bank hereunder, the replaced Issuing Bank shall remain a party hereto and shall continue to have all the rights and obligations of an Issuing Bank under this Agreement with respect to Letters of Credit then outstanding and issued by it prior to such replacement, but shall not be required to issue additional Letters of Credit.
(ii) Subject to the appointment and acceptance of a successor Issuing Bank, the Issuing Bank may resign as an Issuing Bank at any time upon thirty days prior written notice to the Administrative Agent, the Borrower Representative and the U.S. Lenders, in which case, such Issuing Bank shall be replaced in accordance with Section 2.06(i)(i) above.
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(j) Cash Collateralization. If any Event of Default shall occur and be continuing, on the Business Day that the Borrower Representative receives notice from the Administrative Agent or the U.S. Lenders (or, if the maturity of the Loans has been accelerated, U.S. Lenders with LC Exposure representing greater than 50% of the aggregate LC Exposure) demanding the deposit of cash collateral pursuant to this paragraph, the U.S. Borrower shall deposit in an account with the Administrative Agent, in the name of the Administrative Agent and for the benefit of the U.S. Lenders (the LC Collateral Account), an amount in cash equal to 101% of the U.S. Dollar Amount of the LC Exposure as of such date plus accrued and unpaid interest thereon; provided that the obligation to deposit such cash collateral shall become effective immediately, and such deposit shall become immediately due and payable, without demand or other notice of any kind, upon the occurrence of any Event of Default with respect to any Loan described in Section 6.01(g) or Section 6.01(h). The U.S. Borrower shall also deposit cash collateral pursuant to this paragraph as and to the extent required by Section 2.11(b). Such deposit shall be held by the Administrative Agent as collateral for the payment and performance of the Secured Obligations. The Administrative Agent shall have exclusive dominion and control, including the exclusive right of withdrawal, over the LC Collateral Account and the U.S. Borrower hereby grants the Administrative Agent a security interest in the LC Collateral Account and all money or other assets on deposit therein or credited thereto. Other than any interest earned on the investment of such deposits, which investments shall be made at the option and sole discretion of the Administrative Agent and at the U.S. Borrowers risk and expense, such deposits shall not bear interest. Interest or profits, if any, on such investments shall accumulate in the LC Collateral Account. Moneys in the LC Collateral Account shall be applied by the Administrative Agent to reimburse the Issuing Bank for LC Disbursements for which it has not been reimbursed and, to the extent not so applied, shall be held for the satisfaction of the reimbursement obligations of the U.S. Borrower for the LC Exposure at such time or, if the maturity of the Loans has been accelerated (but subject to the consent of U.S. Lenders with LC Exposure representing greater than 50% of the aggregate LC Exposure), be applied to satisfy other Secured Obligations. If the U.S. Borrower is required to provide an amount of cash collateral hereunder as a result of the occurrence of an Event of Default, such amount (to the extent not applied as aforesaid) shall be returned to the U.S. Borrower within three (3) Business Days after all such Events of Default have been cured or waived as confirmed in writing by the Administrative Agent. The Administrative Agent shall return to the U.S. Borrower cash collateral required by Section 2.11(b) within three (3) Business Days following the date that such cash collateral is no longer required thereunder.
(k) Issuing Bank Reports to the Administrative Agent. Unless otherwise agreed by the Administrative Agent, if the Issuing Bank is not JPMCB, the Issuing Bank shall, in addition to its notification obligations set forth elsewhere in this Section, report in writing to the Administrative Agent (i) periodic activity (for such period or recurrent periods as shall be requested by the Administrative Agent) in respect of Letters of Credit issued by such Issuing Bank, including all issuances, extensions, amendments and renewals, all expirations and cancelations and all disbursements and reimbursements, (ii) reasonably prior to the time that such Issuing Bank issues, amends, renews or extends any Letter of Credit, the date of such
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issuance, amendment, renewal or extension, and the stated amount of the Letters of Credit issued, amended, renewed or extended by it and outstanding after giving effect to such issuance, amendment, renewal or extension (and whether the amounts thereof shall have changed), (iii) on each Business Day on which such Issuing Bank makes any LC Disbursement, the date and U.S. Dollar Amount of such LC Disbursement, (iv) on any Business Day on which the U.S. Borrower fails to reimburse an LC Disbursement required to be reimbursed to such Issuing Bank on such day, the date of such failure and the amount of such LC Disbursement, and (v) on any other Business Day, such other information as the Administrative Agent shall reasonably request as to the Letters of Credit issued by such Issuing Bank.
(l) LC Exposure Determination. For all purposes of this Agreement, the amount of a Letter of Credit that, by its terms or the terms of any document related thereto, provides for one or more automatic increases in the stated amount thereof shall be deemed to be the maximum stated amount of such Letter of Credit after giving effect to all such increases, whether or not such maximum stated amount is in effect at the time of determination.
Section 2.07 Funding of Borrowings.
(a) Each Lender shall make each Loan to be made by such Lender hereunder on the proposed date thereof solely by wire transfer of immediately available funds in an amount equal to such Lenders Applicable Percentage by 1:00 p.m., Local Time, to the account of the Administrative Agent most recently designated by it for such purpose by notice to the Lenders; provided that, Swingline Loans shall be made as provided in Section 2.05. The Administrative Agent will make such Loans available to the relevant Borrower by promptly crediting the funds so received, in the aforesaid account of the Administrative Agent, to the Funding Account; provided that ABR Revolving Loans made to finance the reimbursement of (i) an LC Disbursement as provided in Section 2.06(e) shall be remitted by the Administrative Agent to the Issuing Bank and (ii) a Protective Advance shall be retained by the Administrative Agent.
(b) Unless the Administrative Agent shall have received notice from a Lender prior to the proposed date of any Borrowing that such Lender will not make available to the Administrative Agent such Lenders share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available on such date in accordance with paragraph (a) of this Section and may, in reliance upon such assumption, make available to the applicable Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable Borrowing available to the Administrative Agent, then the applicable Lender and such Borrower severally agree to pay to the Administrative Agent forthwith on demand such corresponding amount with interest thereon, for each day from and including the date such amount is made available to the applicable Borrower to but excluding the date of payment to the Administrative Agent, at (i) in the case of such Lender, the greater of the Federal Funds Effective Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation or (ii) in the case of such Borrower, (A) if such amount is a Borrowing denominated in U.S. Dollars and made to the U.S. Borrower or the Canadian Borrower, the interest rate applicable to ABR Loans, (B) if such amount is a Borrowing denominated in Canadian Dollars, the interest rate applicable to Canadian Prime Rate Loans, and (C) if such amount is a Borrowing made to a Foreign Borrower (other than the Canadian Borrower), the interest rate applicable to Overnight LIBO Rate Loans. If such Lender pays such amount to the Administrative Agent, then such amount shall constitute such Lenders Loan included in such Borrowing.
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Section 2.08 Interest Elections.
(a) Each Borrowing initially shall be of the Type specified in the applicable Borrowing Request and, in the case of a Eurodollar Borrowing or CDOR Rate Borrowing, shall have an initial Interest Period as specified in such Borrowing Request. Thereafter, the Borrower Representative may elect to convert such Borrowing to a different Type as permitted by this Agreement or to continue such Borrowing and, in the case of a Eurodollar Borrowing or CDOR Rate Borrowing, may elect Interest Periods therefor, all as provided in this Section. The Borrower Representative may elect different options with respect to different portions of the affected Borrowing, in which case each such portion shall be allocated ratably among the Lenders holding the Loans comprising such Borrowing, and the Loans comprising each such portion shall be considered a separate Borrowing. This Section shall not apply to Swingline Borrowings or Protective Advances, which may not be converted or continued.
(b) To make an election pursuant to this Section, the Borrower Representative shall notify the Administrative Agent of such election by telephone, irrevocable written notice (provided that, elections with respect to Borrowings made to any European Borrower require irrevocable written notice (via an Interest Election Request signed by the Borrower Representative) and cannot be made by telephone) or through Electronic System, if arrangements for doing so have been approved by the Administrative Agent, by the time that a Borrowing Request would be required under Section 2.03 if the Borrower Representative were requesting a Borrowing of the Type resulting from such election to be made on the effective date of such election. Each such telephonic Interest Election Request shall be irrevocable and shall be confirmed promptly by hand delivery, Electronic System or facsimile to the Administrative Agent of a written Interest Election Request in a form approved by the Administrative Agent and signed by the Borrower Representative. Notwithstanding any contrary provision herein, this Section shall not be construed to permit any Borrower, or the Borrower Representative on its behalf, to (i) change the currency of any Borrowing, (ii) elect an Interest Period for Eurodollar Loans that does not comply with Section 2.02 or (iii) convert any Borrowing to a Borrowing of a Type not available under such Borrowing or to such Borrower.
(c) Each telephonic and written Interest Election Request (including requests submitted through Electronic System) shall be irrevocable and shall specify the following information in compliance with Section 2.02:
(i) the name of the applicable Borrower and the Borrowing to which such Interest Election Request applies and, if different options are being elected with respect to different portions thereof, the portions thereof to be allocated to each resulting Borrowing (in which case the information to be specified pursuant to clauses (iii) and (iv) below shall be specified for each resulting Borrowing);
(ii) the effective date of the election made pursuant to such Interest Election Request, which shall be a Business Day;
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(iii) whether the resulting Borrowing is to be an ABR Borrowing, Canadian Prime Rate Borrowing, CDOR Rate Borrowing or a Eurodollar Borrowing; and
(iv) if the resulting Borrowing is a Eurodollar Borrowing or CDOR Rate Borrowing, the Interest Period and Agreed Currency to be applicable thereto after giving effect to such election, which shall be a period contemplated by the definition of the term Interest Period.
If any such Interest Election Request requests a Eurodollar Borrowing or CDOR Rate Borrowing but does not specify an Interest Period, then the applicable Borrower shall be deemed to have selected an Interest Period of one months duration.
(d) Promptly following receipt of an Interest Election Request, the Administrative Agent shall advise each applicable Lender of the details thereof and of such Lenders portion of each resulting Borrowing.
(e) If the Borrower Representative fails to deliver a timely Interest Election Request with respect to a Eurodollar Borrowing or CDOR Rate Borrowing prior to the end of the Interest Period applicable thereto, then, unless such Borrowing is repaid as provided herein, (i) in the case of a Borrowing by the U.S. Borrower or the Canadian Borrower denominated in U.S. Dollars, such Borrowing shall be converted to an ABR Borrowing, (ii) in the case of a Borrowing by the Canadian Borrower denominated in Canadian Dollars, such Borrowing shall be converted to a Canadian Prime Rate Borrowing, and (iii) in the case of a Borrowing by any Foreign Borrower (other than the Canadian Borrower), in each case, such Borrowing shall automatically continue as a Eurodollar Borrowing in the same Agreed Currency with an Interest Period of one month unless such Eurodollar Borrowing is or was repaid in accordance with Section 2.11. Notwithstanding any contrary provision hereof, if an Event of Default has occurred and is continuing and the Administrative Agent, at the request of the Required Lenders, so notifies the Borrower Representative, then, so long as an Event of Default is continuing (A) no outstanding Revolving Borrowing denominated in U.S. Dollars and made to the U.S. Borrower or the Canadian Borrower may be converted to or continued as a Eurodollar Borrowing, (B) no outstanding Revolving Borrowing denominated in Canadian Dollars may be converted to or continued as a CDOR Rate Borrowing, (C) unless repaid, each Eurodollar Revolving Borrowing denominated in U.S. Dollars and made to the U.S. Borrower shall be converted to an ABR Borrowing at the end of the Interest Period applicable thereto, (D) unless repaid, each CDOR Rate Revolving Borrowing shall be converted to a Canadian Prime Rate Borrowing at the end of the Interest Period applicable thereto, and (E) unless repaid, each Eurodollar Revolving Borrowing made to any Foreign Borrower (other than the Canadian Borrower) shall automatically be continued as a Eurodollar Borrowing with an Interest Period of one month.
Section 2.09 Termination and Reduction of Commitments; Increase in Commitments.
(a) Unless previously terminated, the Commitments shall terminate on the Maturity Date.
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(b) The Borrowers may at any time terminate the Commitments upon (i) the payment in full of all outstanding Revolving Loans, together with accrued and unpaid interest thereon and on any LC Exposure, (ii) the cancellation and return of all outstanding Letters of Credit (or alternatively, with respect to each such Letter of Credit, the furnishing to the Administrative Agent of a cash deposit (or at the discretion of the Administrative Agent a back-up standby letter of credit satisfactory to the Administrative Agent and the Issuing Bank) in an amount equal to 101% of the LC Exposure as of such date), (iii) the payment in full of the accrued and unpaid fees, and (iv) the payment in full of all reimbursable expenses and other Obligations together with accrued and unpaid interest thereon.
(c) The Borrowers may from time to time reduce the Commitments; provided that (i) each reduction of the Commitments shall be in an amount that is an integral multiple of $1,000,000 and not less than $10,000,000, (ii) the Borrowers shall not terminate or reduce the Commitments if, after giving effect to any concurrent prepayment of the Revolving Loans in accordance with Section 2.11, the Borrowers shall not be in compliance with the Revolving Exposure Limitations, (iii) any reduction in the aggregate amount of the Commitments shall be expressly conditioned upon the U.S. Borrower demonstrating projected U.S. Availability (acceptable to the Administrative Agent) for the next twelve (12) months of at least $35,000,000 and (iv) on any date, the Commitment may not be reduced to less than an amount equal to the greater of: (A) $25,000,000 and (B) the Aggregate Committed Exposure as of such date.
(d) The Borrower Representative shall notify the Administrative Agent of any election to terminate or reduce the Commitments under paragraph (b) or (c) of this Section at least five (5) Business Days prior to the effective date of such termination or reduction, specifying such election and the effective date thereof. Promptly following receipt of any notice, the Administrative Agent shall advise the Lenders of the contents thereof. Each notice delivered by the Borrower Representative pursuant to this Section shall be irrevocable; provided that a notice of termination of the Commitments delivered by the Borrower Representative may state that such notice is conditioned upon the effectiveness of other credit facilities, in which case such notice may be revoked by the Borrower Representative (by notice to the Administrative Agent on or prior to the specified effective date) if such condition is not satisfied. Any termination or reduction of the Commitments shall be permanent. Each reduction of the Commitments shall be made ratably among the Lenders in accordance with their respective Commitments. Each reduction of the U.S. Commitments shall require a pro rata reduction of the Canadian Commitments and European Commitments unless otherwise agreed to by the Administrative Agent and the Lenders.
(e) The Borrowers shall have the right to increase the U.S. Commitments, the Canadian Commitments and the European Commitments by obtaining additional Commitments, either from one or more of the Lenders or another lending institution provided that (i) any such request for an increase shall be in a minimum amount of $10,000,000 and an integral multiple of $5,000,000 in excess thereof; provided that any new Lender shall have a minimum Commitment of $5,000,000; (ii) after giving effect thereto, the total of the additional (A) U.S. Commitments does not exceed $75,000,000, (B) Canadian Commitments does not exceed $5,000,000, and (C) European Commitments does not exceed $15,000,000; (iii) after giving effect thereto, (A) the aggregate U.S. Commitments shall not exceed $375,000,000, (B) the aggregate Canadian Commitments shall not exceed $20,000,000, and (C) the aggregate European Commitments shall
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not exceed $115,000,000; (iv) the Administrative Agent and the Issuing Bank have approved the identity of any such new Lender, such approvals not to be unreasonably withheld; (v) any increase in the Canadian Commitments or the European Commitments shall be approved by all of the Lenders; (vi) any such new Lender assumes all of the rights and obligations of a Lender hereunder; and (vii) the procedure described in Section 2.09(f) have been satisfied. Nothing contained in this Section 2.09 shall constitute, or otherwise be deemed to be, a commitment on the part of any Lender to increase its Commitment hereunder at any time.
(f) Any amendment hereto for such an increase or addition shall be in form and substance satisfactory to the Administrative Agent and shall only require the written signatures of the Administrative Agent, the Borrowers and each Lender being added or increasing its Commitment, subject to the approval of all Lenders only if any such increase or addition would cause the U.S. Commitments to exceed $375,000,000. As a condition precedent to such an increase or addition, the Borrowers shall deliver to the Administrative Agent (i) a certificate of each Loan Party signed by an authorized officer of such Loan Party (A) certifying and attaching the resolutions adopted by such Loan Party approving or consenting to such increase, and (B) in the case of the Borrowers, certifying that, before and after giving effect to such increase or addition, (1) the representations and warranties contained in Article III and the other Loan Documents are true and correct in all material respects as of such date (or, with respect to any representation or warranty which by its terms is made as of a specified date, is true and correct in all material respects only as of such specified date or, with respect to any representation or warranty which is subject to any materiality qualifier, is true and correct in all respects, (2) no Default exists and (3) an increase in the U.S. Commitments above $300,000,000 is permitted by the Indenture to the extent such Indenture is still in effect and providing evidence satisfactory to the Lenders that, after giving effect to the Indebtedness incurred pursuant to the increase in the Commitments, the aggregate amount of all outstanding Obligations plus the aggregate amount outstanding under the Second Lien Credit Agreement does not exceed ninety percent (90.0%) of the maximum Indebtedness of the U.S. Borrower and the Restricted Subsidiaries (as such term is defined in the Indenture) permitted under the Indenture with respect to Credit Facilities (as such term is defined in the Indenture) to the extent such Indenture is still in effect, and (ii) legal opinions and documents consistent with those delivered on the Effective Date, to the extent requested by the Administrative Agent.
(g) On the effective date of any such increase or addition, (i) any Lender increasing (or, in the case of any newly added Lender, extending) its U.S. Commitments, Canadian Commitments and/or its European Commitments, as applicable, shall make available to the Administrative Agent such amounts in immediately available funds as the Administrative Agent shall determine, for the benefit of the other applicable Lenders, as being required in order to cause, after giving effect to such increase or addition and the use of such amounts to make payments to such other Lenders, each Lenders portion of the outstanding Revolving Loans of all the Lenders to equal its revised Applicable Percentage of such outstanding Revolving Loans, and the Administrative Agent shall make such other adjustments among the Lenders with respect to the Revolving Loans then outstanding and amounts of principal, interest, commitment fees and other amounts paid or payable with respect thereto as shall be necessary, in the opinion of the Administrative Agent, in order to effect such reallocation and (ii) the Borrowers shall be deemed to have repaid and reborrowed all outstanding Revolving Loans as of the date of any increase (or
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addition) in the Commitments (with such reborrowing to consist of the Types of Revolving Loans, with related Interest Periods if applicable, specified in a notice delivered by the Borrower Representative, in accordance with the requirements of Section 2.03). The deemed payments made pursuant to clause (ii) of the immediately preceding sentence shall be accompanied by payment of all accrued interest on the amount prepaid and, in respect of each Eurodollar Loan and CDOR Rate Loan, shall be subject to indemnification by the Borrowers pursuant to the provisions of Section 2.16 if the deemed payment occurs other than on the last day of the related Interest Periods. Within a reasonable time after the effective date of any increase or addition, the Administrative Agent shall, and is hereby authorized and directed to, revise the Commitment Schedule to reflect such increase or addition and shall distribute such revised Commitment Schedule to each of the Lenders and the Borrower Representative, whereupon such revised Commitment Schedule shall replace the old Commitment Schedule and become part of this Agreement.
Section 2.10 Repayment and Amortization of Loans; Evidence of Debt.
(a) Each Borrower hereby unconditionally promises to pay (i) to the Administrative Agent for the account of each applicable Lender the then unpaid principal amount of each Revolving Loan made to such Borrower on the Maturity Date in the currency of such Loan, (ii) to the Administrative Agent the then unpaid amount of each Protective Advance made for the account of such Borrower on the earlier of the Maturity Date and demand by the Administrative Agent and (iii) to the Swingline Lender the then unpaid principal amount of each Swingline Loan made for the account of such Borrower on the earlier of (A) the Maturity Date, and (B) the seventh day after such Swingline Loan is made; provided that on each date that a Revolving Loan is made to any Borrower, such Borrower shall repay all Swingline Loans then outstanding to it and the proceeds of any such Revolving Loan shall be applied by the Administrative Agent to repay any Swingline Loans outstanding. To the extent this Section 2.10 creates an obligation of a German Loan Party to repay Protective Advances or Swingline Loans of any other Borrower, such obligations shall be subject to the German Guaranty Limitations.
(b) On each Business Day, the Administrative Agent shall apply all funds credited to any Concentration Account or any Collection Account of the U.S. Loan Parties and the Canadian Loan Parties on such Business Day or the immediately preceding Business Day (at the discretion of the Administrative Agent, whether or not immediately available), first to prepay any Protective Advances that may be outstanding and second to prepay the Revolving Loans (including Swingline Loans) and to cash collateralize outstanding LC Exposure (provided that, collections and cash collateral provided by any Canadian Loan Party shall be used solely to pay the Foreign Secured Obligations, and the application of funds credited to any Collection Account of a Canadian Loan Party, and cash collateral provided by any Canadian Loan Party, shall be used first to satisfy the Foreign Secured Obligations of such Canadian Loan Party and the other members of its Foreign Loan Party Group before applying such funds or cash collateral to the Foreign Secured Obligations owed by any other Foreign Loan Party). Subject to Section 5.20, during a Dominion Trigger Period, on each Business Day, the Administrative Agent shall apply all funds credited to any Concentration Account or any Collection Account of the European Loan Parties on such Business Day or the immediately preceding Business Day (at the discretion of the Administrative Agent, whether or not immediately available), first to prepay any Protective Advances that may be outstanding and second to prepay the Revolving Loans (including
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Swingline Loans) (provided that, collections and cash collateral provided by any Foreign Loan Party shall be used solely to pay the Foreign Secured Obligations, and the application of funds credited to any Collection Account of a Foreign Loan Party, and cash collateral provided by any Foreign Loan Party, shall be used first to satisfy the Foreign Secured Obligations of such Foreign Loan Party and the other members of its Foreign Loan Party Group before applying such funds or cash collateral to the Foreign Secured Obligations owed by any other Foreign Loan Party). Notwithstanding the foregoing, to the extent any funds credited to any Concentration Account or Collection Account constitute Net Proceeds, the application of such Net Proceeds shall be subject to Section 2.11(c). In the event and to the extent that any Protective Advances or Revolving Loans (including Swingline Loans) remain unpaid and outstanding LC Exposure is not fully cash collateralised (the Payment and Collateralisation Requirements) following such application as a result of a mismatch between the currencies of the amounts in the relevant Concentration Accounts and/or Collection Accounts and the currencies in which the outstanding Payment and Collateralisation Requirements are denominated, the Loan Parties shall be deemed to have requested the Administrative Agent to convert any excess funds remaining in the Concentration Accounts and/or Collection Accounts to the currency or currencies of the outstanding Payment and Collateralisation Requirements and apply such converted amounts to such outstanding Payment and Collateralisation Requirements.
(c) Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Indebtedness of each Borrower to such Lender resulting from each Loan made by such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time hereunder.
(d) The Administrative Agent shall maintain accounts in which it shall record (i) the amount of each Loan made hereunder, the Class, Agreed Currency and Type thereof and the Interest Period applicable thereto, (ii) the amount of any principal or interest due and payable or to become due and payable from each Borrower to each Lender hereunder and (iii) the amount of any sum received by the Administrative Agent hereunder for the account of the Lenders and each Lenders share thereof.
(e) The Register and corresponding entries made in the accounts maintained pursuant to paragraph (c) or (d) of this Section shall be prima facie evidence of the existence and amounts of the obligations recorded therein; provided that the failure of any Lender or the Administrative Agent to maintain such accounts or any error therein shall not in any manner affect the obligation of any Borrower to repay the Loans in accordance with the terms of this Agreement.
(f) Any Lender may request that Loans made by it to any Borrower be evidenced by a Note. In such event, the applicable Borrower shall prepare, execute and deliver to such Lender a Note payable to such Lender (or, if requested by such Lender, to such Lender and its registered assigns) and in a form approved by the Administrative Agent. Thereafter, the Loans evidenced by such Note and interest thereon shall at all times (including after assignment pursuant to Section 8.04) be represented by one or more Notes in such form.
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Section 2.11 Prepayment of Loans.
(a) Any Borrower shall have the right at any time and from time to time to prepay any Borrowing in whole or in part, subject to the payment of any accrued interest to the extent required by Section 2.13, prior notice in accordance with paragraph (e) of this Section and, if applicable, payment of any break funding expenses under Section 2.16.
(b) If, at any time, (i) other than as a result of fluctuations in currency exchange rates, the Borrowers are not in compliance with the Revolving Exposure Limitations (calculated with respect to Credit Events denominated in Foreign Currencies, as of the most recent Computation Date with respect to each such Credit Event) or (ii) solely as a result of fluctuations in currency exchange rates, the Borrowers exceeded any Revolving Exposure Limitation by 105% of the applicable threshold, the applicable Borrowers who have exceeded such limits with respect to their Obligations shall in each case immediately repay Borrowings or cash collateralize LC Exposure in accordance with Section 2.06(j), as applicable, in an aggregate amount equal to such excess. To the extent this Section 2.11 creates an obligation of a German Borrower to repay Borrowings of any other Borrower, the German Guaranty Limitations shall apply.
(c) In the event and on each occasion that any Net Proceeds are received by or on behalf of any Loan Party in respect of any Prepayment Event, such Loan Party shall, immediately after such Net Proceeds are received by such Loan Party, prepay the Obligations of the applicable Borrower and cash collateralize the LC Exposure (as applicable) as set forth in Section 2.06(j) below in an aggregate amount equal to 100% of such Net Proceeds.
(d) The mandatory repayments set forth in this Section 2.11 shall be applied first to reduce all outstanding principal, interest and fees on Protective Advances, second to reduce all outstanding principal, interest and fees on Swingline Loans, third to reduce all outstanding principal, interest and fees on Revolving Loans and fourth to cash collateralize the principal amount and any fees of the Letter of Credit Exposure. Notwithstanding the foregoing, (i) Net Proceeds received by any U.S. Loan Party in respect of any Prepayment Event shall be used to prepay the Secured Obligations (other than the Foreign Secured Obligations and the Secured Obligations that constitute a Guarantee of the Foreign Secured Obligations) before being applied to any of the other Secured Obligations, (ii) no Net Proceeds received by any Foreign Loan Party in respect of any Prepayment Event shall be used to prepay any Secured Obligations other than the Foreign Secured Obligations and (iii) Net Proceeds received by any Foreign Loan Party in respect of any Prepayment Event shall be used first to satisfy the Foreign Secured Obligations of such Foreign Loan Party and the other members of its Foreign Loan Party Group before applying such funds to the Foreign Secured Obligations owed by any other Foreign Loan Party.
(e) The Borrower Representative shall notify the Administrative Agent (and, in the case of prepayment of a Swingline Loan, the Swingline Lender) in writing by facsimile or through Electronic System, if arrangements for doing so have been approved by the Administrative Agent, of any prepayment pursuant to paragraph (a) and (c) of this Section not later than (i) 12:00 p.m., Local Time, (A) in the case of prepayment of a Eurodollar Revolving Borrowing, three (3) Business Days before the date of prepayment, or (B) in the case of
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prepayment of an ABR Revolving Borrowing and Canadian Prime Rate Revolving Borrowing, on the date of prepayment or (ii) 12:00 p.m., Local Time, on the date of prepayment, in the case of prepayment of a Swingline Loan. Each such notice shall be irrevocable and shall specify the prepayment date and the principal amount of each Borrowing or portion thereof to be prepaid; provided that, if a notice of prepayment is given in connection with a conditional notice of termination of the Commitments as contemplated by Section 2.09, then such notice of prepayment may be revoked if such notice of termination is revoked in accordance with Section 2.09. Promptly following receipt of any such notice relating to a Revolving Borrowing, the Administrative Agent shall advise the Lenders of the contents thereof.
Section 2.12 Fees.
(a) The U.S. Borrower agrees to pay to the Administrative Agent for the account of each Lender a commitment fee, which shall accrue at the Commitment Fee Rate on the average daily amount of the unused U.S. Commitment of such Lender during the period from and including the Effective Date to but excluding the date on which the Commitments terminate. Accrued commitment fees shall be payable in arrears on the first Business Day following the last day of each March, June, September and December and on the date on which the Commitments terminate, commencing on the first such date to occur after the date hereof. All commitment fees shall be computed on the basis of a year of 360 days and shall be payable for the actual number of days elapsed (including the first day but excluding the last day).
(b) The U.S. Borrower agrees to pay (i) to the Administrative Agent for the account of each U.S. Lender the Applicable Letter of Credit Fee with respect to its participations in Letters of Credit on the average daily U.S. Dollar Amount of such Lenders LC Exposure (excluding any portion thereof attributable to unreimbursed LC Disbursements) during the period from and including the Effective Date to but excluding the later of the date on which such Lenders Commitment terminates and the date on which such Lender ceases to have any LC Exposure, and (ii) to the Issuing Bank a fronting fee, which shall accrue at the rate or rates per annum separately agreed upon between the U.S. Borrower and the Issuing Bank on the average daily U.S. Dollar Amount of the LC Exposure (excluding any portion thereof attributable to unreimbursed LC Disbursements) attributable to Letters of Credit issued by the Issuing Bank during the period from and including the Effective Date to but excluding the later of the date of termination of the Commitments and the date on which there ceases to be any LC Exposure, as well as the Issuing Banks standard fees and commissions with respect to the issuance, amendment, cancellation, negotiation, transfer, presentment, renewal or extension of any Letter of Credit or processing of drawings thereunder. The Applicable Letter of Credit Fee and fronting fees accrued through and including the last day of each calendar quarter shall be payable on the first Business Day following the last day of each March, June, September and December following such last day, commencing on the first such date to occur after the Effective Date; provided that all such fees shall be payable on the date on which the Commitments terminate and any such fees accruing after the date on which the Commitments terminate shall be payable on demand. Any other fees payable to the Issuing Bank pursuant to this paragraph shall be payable within ten (10) Business Days after demand. All participation fees and fronting fees shall be computed on the basis of a year of 360 days and shall be payable for the actual number of days elapsed (including the first day but excluding the last day).
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(c) The Borrowers agree to pay to the Administrative Agent, for its own account, fees payable in the amounts and at the times separately agreed upon between the Borrowers and the Administrative Agent.
(d) All fees payable hereunder shall be paid on the dates due, in immediately available funds, to the Administrative Agent (or to the Issuing Bank, in the case of fees payable to it) for distribution, in the case of commitment fees and participation fees, to the Lenders. Fees paid hereunder shall not be refundable under any circumstances.
Section 2.13 Interest.
(a) The Loans comprising each ABR Borrowing (including each Swingline Loan made to the U.S. Borrower and each Swingline Loan denominated in U.S. Dollars and made to the Canadian Borrower) shall bear interest at the Alternate Base Rate plus the Applicable Margin, the Loans comprising each Canadian Prime Rate Borrowing (including each Swingline Loan denominated in Canadian Dollars and made to the Canadian Borrower) shall bear interest at the Canadian Prime Rate plus the Applicable Margin, and the Loans comprising each Overnight LIBO Borrowing (including each European Swingline Loan) shall bear interest at the Overnight LIBO Rate plus the Applicable Margin.
(b) The Loans comprising each Eurodollar Borrowing shall bear interest at the Adjusted LIBO Rate for the Interest Period in effect for such Borrowing plus the Applicable Margin and the Loans comprising each CDOR Rate Borrowing shall bear interest at the CDOR Rate for the Interest Period in effect for such Borrowing plus the Applicable Margin.
(c) Each Protective Advance made to the U.S. Borrower or the Canadian Borrower and denominated in U.S. Dollars shall bear interest at the Alternate Base Rate plus the Applicable Margin plus 2%. Each Protective Advance made to the Canadian Borrower and denominated in Canadian Dollars shall bear interest at the Canadian Prime Rate plus the Applicable Margin plus 2%. Each Protective Advance made to any Foreign Borrower (other than the Canadian Borrower) shall bear interest at the Overnight LIBO Rate plus the Applicable Margin plus 2%.
(d) Notwithstanding the foregoing, during the occurrence and continuance of an Event of Default, the Administrative Agent or the Required Lenders may, at their option, by notice to the Borrower Representative (which notice may be revoked at the option of the Required Lenders notwithstanding any provision of Section 8.02 requiring the consent of each Lender affected thereby for reductions in interest rates), declare that all Loans shall bear interest at 2% plus the rate otherwise applicable to such Loans as provided in the preceding paragraphs of this Section.
(e) Accrued interest on each Loan (for ABR Loans, Canadian Prime Rate Loans and Overnight LIBO Rate Loans, accrued through the last day of the prior calendar month) shall be payable in arrears on each Interest Payment Date for such Loan and upon termination of the Commitments; provided that (i) interest accrued pursuant to paragraph (d) of this Section shall be payable on demand, (ii) in the event of any repayment or prepayment of any Loan (other than a prepayment of an ABR Revolving Loan or Canadian Prime Rate Revolving
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Loan prior to the end of the Availability Period), accrued interest on the principal amount repaid or prepaid shall be payable on the date of such repayment or prepayment and (iii) in the event of any conversion of any Eurodollar Loan or CDOR Rate Loan prior to the end of the current Interest Period therefor, accrued interest on such Loan shall be payable on the effective date of such conversion.
(f) All interest hereunder shall be computed on the basis of a year of 360 days, except that (i) interest computed by reference to the Alternate Base Rate, Canadian Prime Rate and CDOR Rate shall be computed on the basis of a year of 365 days or (ii) for Borrowings denominated in Sterling shall be computed on the basis of a year of 365 days, and in each case shall be payable for the actual number of days elapsed (including the first day but excluding the last day). The applicable Alternate Base Rate, Canadian Prime Rate, CDOR Rate, Adjusted LIBO Rate, LIBO Rate or Overnight LIBO Rate shall be determined by the Administrative Agent, and such determination shall be conclusive absent manifest error.
(g) For purposes of disclosure pursuant to the Interest Act (Canada), the annual rates of interest or fees to which the rates of interest or fees provided in this Agreement and the other Loan Documents (and stated herein or therein, as applicable, to be computed on the basis of 360 days or any other period of time less than a calendar year) are equivalent are the rates so determined multiplied by the actual number of days in the applicable calendar year and divided by 360 or such other period of time, respectively. The principle of deemed reinvestment of interest does not apply to any interest calculation under this Agreement.
(h) The interest rates provided for in this Agreement with respect to any Swiss Loan Party, including this Section 2.13, are expressed as minimum interest rates. When entering into this Agreement, the parties have assumed that the interest payable at the rates set out in this Section 2.13 or in other Sections of this Agreement is not and will not become subject to Swiss Withholding Tax. Notwithstanding that the parties do not anticipate that any payment of interest will be subject to Swiss Withholding Tax, they agree that, in the event that Swiss Withholding Tax is imposed on interest payments by a Swiss Loan Party to any Lender and should it be unlawful for such Swiss Loan Party to comply with Section 2.17 for any reason (where this would otherwise be required by the terms of that Section, taking into account the exclusions set forth in Section 2.17(a)(ii)), and if the relevant payment is effectively not made, the payment of interest due by a Swiss Loan Party shall, in line with and subject to Section 2.17, including any limitations therein and any obligations thereunder, be increased to an amount which (after making any deduction of the Non-Refundable Portion (as defined below) of the Swiss Withholding Tax) results in a payment to each Lender entitled to such payment of an amount equal to the payment which would have been due had no deduction of the Swiss Withholding Tax been required. For this purpose, the Swiss Withholding Tax shall be calculated on the full grossed-up interest amount. For the purposes of this Section 2.13, Non-Refundable Portion shall mean the Swiss Withholding Tax at the standard rate (being, as at the date hereof, 35%) unless according to an applicable double tax treaty, the Non-Refundable Portion is a specified lower rate, in which case such lower rate shall be applied in relation to such Lender. Each Swiss Loan Party shall provide to the Administrative Agent the documents required by law or applicable double taxation treaties for the Lenders to claim a refund of any Swiss Withholding Tax so deducted.
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Section 2.14 Alternate Rate of Interest.
(a) If prior to the commencement of any Interest Period for a Eurodollar Borrowing:
(i) the Administrative Agent determines (which determination shall be conclusive and binding absent manifest error) that adequate and reasonable means do not exist for ascertaining, (including, without limitation, by means of an Interpolated Rate) the Adjusted LIBO Rate or the LIBO Rate, as applicable, for such Interest Period; or
(ii) the Administrative Agent is advised by the Required Lenders that the Adjusted LIBO Rate or the LIBO Rate, as applicable, for the applicable Interest Period will not adequately and fairly reflect the cost to such Lenders (or Lender) of making or maintaining their Loans included in such Borrowing for such Interest Period or the applicable Agreed Currency;
then the Administrative Agent shall give notice thereof to the Borrower Representative and the Lenders through Electronic System as provided in Section 8.01 as promptly as practicable thereafter and, until the Administrative Agent notifies the Borrower Representative and the Lenders that the circumstances giving rise to such notice no longer exist, (A) any Interest Election Request that requests the conversion of any Borrowing to, or continuation of any Borrowing as, a Eurodollar Borrowing shall be ineffective and unless repaid, (1) in the case of a Eurodollar Borrowing denominated in U.S. Dollars to the U.S. Borrower, such Borrowing shall be made as an ABR Borrowing, and (2) in the case of a Eurodollar Borrowing to any Foreign Borrower (other than the Canadian Borrower), such Eurodollar Borrowing shall be made as an Alternate Rate Borrowing, (B) if any Borrowing Request requests a Eurodollar Revolving Borrowing in U.S. Dollars to the U.S. Borrower, such Borrowing shall be made as an ABR Borrowing, and (C) if any Borrowing Request requests a Eurodollar Revolving Borrowing for any Foreign Borrower (other than the Canadian Borrower), such Borrowing Request shall be made as an Alternate Rate Borrowing; provided that, if such circumstances only affect one Class or Type of Borrowing or currency, then the foregoing will only be applicable to the affected Class or Type of Borrowing or currency.
(b) If at any time the Administrative Agent determines in good faith (which determination shall be conclusive absent manifest error) that adequate and reasonable means do not exist for ascertaining the Overnight LIBO Rate or the Overnight LIBO Rate will not adequately and fairly reflect the cost to the Administrative Agent or the Swingline Lender, as applicable, of making or maintaining Protective Advances, or Swingline Loans, the Administrative Agent or Swingline Lender, as applicable, shall give notice thereof to the Borrower Representative and the Lenders by telephone (provided that, any notice to any Swingline Lender providing Swingline Loans to a European Borrower must be given in writing) or facsimile as promptly as practicable thereafter and, until the Administrative Agent notifies the Borrower Representative and the Lenders that the circumstances giving rise to such notice no longer exist, Overnight LIBO Borrowings shall be made as Alternate Rate Borrowings.
(c) If prior to the commencement of any Interest Period for a CDOR Rate Borrowing:
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(i) the Administrative Agent determines in good faith (which determination shall be conclusive and binding absent manifest error) that adequate and reasonable means do not exist for ascertaining (including, without limitation, by means of an Interpolated Rate) the CDOR Rate for such Interest Period; or
(ii) the Administrative Agent is advised by the Required Lenders that the CDOR Rate for the applicable Interest Period will not adequately and fairly reflect the cost to such Lenders of making or maintaining their Loans included in such Borrowing for such Interest Period;
then the Administrative Agent shall give notice thereof to the Borrower Representative and the Lenders by electronic communication as provided in Section 8.01 as promptly as practicable thereafter and, until the Administrative Agent notifies the Borrower Representative and the Lenders that the circumstances giving rise to such notice no longer exist, (i) any Interest Election Request that requests the conversion of any Borrowing to, or continuation of any Borrowing as, a CDOR Rate Borrowing shall be ineffective and unless repaid, such Borrowing shall be made as a Canadian Prime Rate Borrowing and (ii) if any Borrowing Request requests a CDOR Rate Borrowing, such Borrowing shall be made as a Canadian Prime Rate Borrowing.
Section 2.15 Increased Costs.
(a) If any Change in Law shall:
(i) impose, modify or deem applicable any reserve, special deposit, liquidity or similar requirement (including any compulsory loan requirement, insurance charge or other assessment) against assets of, deposits with or for the account of, or credit extended by, any Lender (except any such reserve requirement reflected in the Adjusted LIBO Rate) or the Issuing Bank;
(ii) impose on any Lender or the Issuing Bank or the London interbank market any other condition, cost or expense (other than Taxes) affecting this Agreement or Loans made by such Lender or any Letter of Credit or participation therein; or
(iii) subject any Recipient to any Taxes (other than (A) Indemnified Taxes, and (B) Excluded Taxes) on its loans, loan principal, letters of credit, commitments, or other obligations, or its deposits, reserves, other liabilities or capital attributable thereto;
and the result of any of the foregoing shall be to increase the cost to such Lender or such other Recipient of making, continuing, converting into or maintaining any Loan or of maintaining its obligation to make any such Loan (including, without limitation, pursuant to any conversion of any Borrowing denominated in an Agreed Currency into a Borrowing denominated in any other Agreed Currency) or to increase the cost to such Lender, the Issuing Bank or such other Recipient of participating in, issuing or maintaining any Letter of Credit (including, without limitation, pursuant to any conversion of any Borrowing denominated in an Agreed Currency into a Borrowing denominated in any other Agreed Currency) or to reduce the amount of any sum received or receivable by such Lender, the Issuing Bank or such other Recipient hereunder, whether of principal, interest or otherwise (including, without limitation, pursuant to any
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conversion of any Borrowing denominated in an Agreed Currency into a Borrowing denominated in any other Agreed Currency), then the applicable Borrower will pay to such Lender, the Issuing Bank or such other Recipient, as the case may be, such additional amount or amounts as will compensate such Lender, the Issuing Bank or such other Recipient, as the case may be, for such additional costs incurred or reduction suffered as reasonably determined by the Administrative Agent, such Lender or the Issuing Bank.
(b) If any Lender or the Issuing Bank determines that any Change in Law regarding capital or liquidity requirements has or would have the effect of reducing the rate of return on such Lenders or the Issuing Banks capital or on the capital of such Lenders or the Issuing Banks holding company, if any, as a consequence of this Agreement, the Commitments of, or the Loans made by, or participations in Letters of Credit or Swingline Loans held by, such Lender, or the Letters of Credit issued by the Issuing Bank, to a level below that which such Lender or the Issuing Bank or such Lenders or the Issuing Banks holding company could have achieved but for such Change in Law (taking into consideration such Lenders or the Issuing Banks policies and the policies of such Lenders or the Issuing Banks holding company with respect to capital adequacy and liquidity), then from time to time the applicable Borrower will pay to such Lender or the Issuing Bank, as the case may be, such additional amount or amounts as will compensate such Lender or the Issuing Bank or such Lenders or the Issuing Banks holding company for any such reduction suffered as reasonably determined by the Administrative Agent, such Lender or the Issuing Bank.
(c) A certificate of a Lender or the Issuing Bank setting forth the amount or amounts necessary to compensate such Lender or the Issuing Bank or its holding company, as the case may be, as specified in paragraph (a) or (b) of this Section shall be delivered to the Borrower Representative and shall be conclusive absent manifest error. The applicable Borrowers shall pay such Lender or the Issuing Bank, as the case may be, the amount shown as due on any such certificate within ten (10) Business Days after receipt thereof.
(d) Failure or delay on the part of any Lender or the Issuing Bank to demand compensation pursuant to this Section shall not constitute a waiver of such Lenders or the Issuing Banks right to demand such compensation; provided that the Loan Parties shall not be required to compensate a Lender or the Issuing Bank pursuant to this Section for any increased costs or reductions incurred more than 270 days prior to the date that such Lender or the Issuing Bank, as the case may be, notifies the Borrower Representative of the Change in Law giving rise to such increased costs or reductions and of such Lenders or the Issuing Banks intention to claim compensation therefor; provided further that, if the Change in Law giving rise to such increased costs or reductions is retroactive, then the 270-day period referred to above shall be extended to include the period of retroactive effect thereof.
Section 2.16 Break Funding Payments. In the event of (a) the payment of any principal of any Eurodollar Loan or CDOR Rate Loan other than on the last day of an Interest Period applicable thereto (including as a result of an Event of Default or as a result of any prepayment pursuant to Section 2.11), (b) the conversion of any Eurodollar Loan or CDOR Rate Loan other than on the last day of the Interest Period applicable thereto, (c) the failure to borrow, convert, continue or prepay any Eurodollar Loan or CDOR Rate Loan on the date specified in any notice delivered pursuant hereto (regardless of whether such notice may be revoked under
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Section 2.09(c) and is revoked in accordance therewith), or (d) the assignment of any Eurodollar Loan or CDOR Rate Loan other than on the last day of the Interest Period applicable thereto as a result of a request by the Borrower Representative pursuant to Section 2.19 or 8.02(d) then, in any such event, the applicable Borrowers shall compensate each Lender for the loss, cost and expense attributable to such event (provided that (i) each Foreign Borrower shall only be required to compensate each Lender in respect of Borrowings of the Foreign Borrowers and (ii) the German Borrower shall only be required to compensate each Lender subject to the German Guaranty Limitations). In the case of a Eurodollar Loan or CDOR Rate Loan, such loss, cost or expense to any Lender shall be deemed to include an amount determined by such Lender to be the excess, if any, of (i) the amount of interest which would have accrued on the principal amount of such Loan had such event not occurred, at the Adjusted LIBO Rate or CDOR Rate that would have been applicable to such Loan, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such Loan), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which such Lender would bid were it to bid, at the commencement of such period, for the relevant currency of a comparable amount and period from other banks in the eurocurrency market or for Canadian Dollar deposits of a comparable amount and period to such CDOR Rate Loan from other banks in the Canadian bankers acceptance market, as applicable. A certificate of any Lender setting forth any amount or amounts that such Lender is entitled to receive pursuant to this Section shall be delivered to the Borrower Representative and shall be conclusive absent manifest error. The applicable Borrowers shall pay such Lender the amount shown as due on any such certificate within ten (10) Business Days after receipt thereof.
Section 2.17 Withholding of Taxes; Gross Up.
(a) Payments Free of Taxes.
(i) Any and all payments by or on account of any obligation of any Loan Party under any Loan Document or any Letter of Credit shall be made without deduction or withholding for any Taxes, except as required by applicable law. If any applicable law (as determined in the good faith discretion of an applicable withholding agent) requires the deduction or withholding of any Tax from any such payment by a withholding agent, then the applicable withholding agent shall be entitled to make such deduction or withholding and shall timely pay the full amount deducted or withheld to the relevant Governmental Authority in accordance with applicable law and, if such Tax is an Indemnified Tax, then the sum payable by the applicable Loan Party shall be increased as necessary so that after such deduction or withholding has been made (including such deductions and withholdings applicable to additional sums payable under this Section 2.17) the applicable Recipient receives an amount equal to the sum it would have received had no such deduction or withholding been made.
(ii) Notwithstanding any provision of this Agreement to the contrary, the Swiss Borrower or any other Swiss Loan Party shall not be required to make a tax gross up, a tax indemnity payment or an increased interest payment to a specific Lender or Participant of a Commitment (but, for the avoidance of doubt, shall remain required to make a tax gross up, a tax indemnity payment, or an increased interest payment to all other Lenders) in respect of Swiss Withholding Tax due on interest payments by the Swiss Borrower or any other Swiss Loan Party
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under this Agreement as a direct result of such Lender or Participant of a Commitment (i) making an incorrect declaration of its status as to whether or not it is a Swiss Qualifying Bank or a single Swiss Non-Qualifying Bank for purposes of the Swiss Non-Bank Rules, (ii) breaching the transfer restrictions in Section 8.04 or (iii) ceasing to be a Swiss Qualifying Bank as a result of any reason attributable to that Lender or Participant of a Commitment other than as a result of any change after the date it became a Lender or Participant of the Commitment under this Agreement in (or in the interpretation, administration or application of) any law or treaty, or any published practice or published concession of any relevant taxing authority.
(b) Payment of Other Taxes by the Loan Parties. The relevant Loan Parties shall timely pay to the relevant Governmental Authority in accordance with applicable law, or at the option of the Administrative Agent timely reimburse it or the relevant Recipient (as applicable) for, Other Taxes.
(c) Evidence of Payment. As soon as practicable after any payment of Taxes by any Loan Party to a Governmental Authority pursuant to this Section 2.17, such Loan Party shall deliver to the Administrative Agent the original or a certified copy of a receipt issued by such Governmental Authority evidencing such payment, a copy of the return reporting such payment or other evidence of such payment reasonably satisfactory to the Administrative Agent.
(d) Indemnification by the Loan Parties. The Loan Parties shall jointly and severally (but subject to the limitations set forth in Section 8.22) indemnify each Recipient, within ten (10) Business Days after demand therefor, for the full amount of any Indemnified Taxes (including Indemnified Taxes imposed or asserted on or attributable to amounts payable under this Section) payable or paid by such Recipient or required to be withheld or deducted from a payment to such Recipient and any reasonable expenses arising therefrom or with respect thereto, whether or not such Indemnified Taxes were correctly or legally imposed or asserted by the relevant Governmental Authority. A certificate as to the amount of such payment or liability delivered to any Loan Party by a Lender (with a copy to the Administrative Agent), or by the Administrative Agent on its own behalf or on behalf of a Lender, shall be conclusive absent manifest error.
(e) Indemnification by the Lenders. Each Lender shall severally indemnify the Administrative Agent, within ten (10) Business Days after demand therefor, for (i) any Indemnified Taxes attributable to such Lender (but only to the extent that any Loan Party has not already indemnified the Administrative Agent for such Indemnified Taxes and without limiting the obligation of the Loan Parties to do so), (ii) any Taxes attributable to such Lenders failure to comply with the provisions of Section 8.04(c) relating to the maintenance of a Participant Register and (iii) any Excluded Taxes attributable to such Lender, in each case, that are payable or paid by the Administrative Agent in connection with any Loan Document, and any reasonable expenses arising therefrom or with respect thereto, whether or not such Taxes were correctly or legally imposed or asserted by the relevant Governmental Authority. A certificate as to the amount of such payment or liability delivered to any Lender by the Administrative Agent shall be conclusive absent manifest error. Each Lender hereby authorizes the Administrative Agent to set off and apply any and all amounts at any time owing to such Lender under any Loan Document or otherwise payable by the Administrative Agent to such Lender from any other source against any amount due to the Administrative Agent under this paragraph (e).
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(f) Status of Lenders. (i) Any Lender that is entitled to an exemption from or reduction of withholding Tax with respect to payments made under any Loan Document shall deliver to the Borrower Representative and the Administrative Agent, at the time or times reasonably requested by the Borrower Representative or the Administrative Agent, such properly completed and executed documentation reasonably requested by the Borrower Representative or the Administrative Agent as will permit such payments to be made without withholding or at a reduced rate of withholding (e.g., a certificate of residence issued by the competent tax authority in the jurisdiction where the relevant Loan Party is a resident). In addition, any Lender, if reasonably requested by the Borrower Representative or the Administrative Agent, shall deliver such other documentation prescribed by applicable law or reasonably requested by the Borrower Representative or the Administrative Agent as will enable the Borrower Representative or the Administrative Agent to determine whether or not such Lender is subject to backup withholding or information reporting requirements. Notwithstanding anything to the contrary in the preceding two sentences, the completion, execution and submission of such documentation (other than such documentation set forth in Section 2.17(f)(ii)(A), (ii)(B) and (ii)(D) below) shall not be required if in the Lenders reasonable judgment such completion, execution or submission would subject such Lender to any material unreimbursed cost or expense or would materially prejudice the legal or commercial position of such Lender.
(ii) Without limiting the generality of the foregoing, in the event that any Borrower is a U.S. Person:
(A) any Lender that is a U.S. Person shall deliver to the Borrower Representative and the Administrative Agent on or prior to the date on which such Lender becomes a Lender under this Agreement (and from time to time thereafter upon the reasonable request of the Borrower Representative or the Administrative Agent), an executed IRS Form W-9 certifying that such Lender is exempt from U.S. Federal backup withholding tax;
(B) any Foreign Lender shall, to the extent it is legally entitled to do so, deliver to the Borrower Representative and the Administrative Agent (in such number of copies as shall be requested by the recipient) on or prior to the date on which such Foreign Lender becomes a Lender under this Agreement (and from time to time thereafter upon the reasonable request of the Borrower Representative or the Administrative Agent), whichever of the following is applicable:
(1) in the case of a Foreign Lender claiming the benefits of an income tax treaty to which the United States is a party (x) with respect to payments of interest under any Loan Document, an executed IRS Form W-8BEN or IRS Form W-8BEN-E or successor and related applicable forms, as applicable, establishing an exemption from, or reduction of, U.S. Federal withholding Tax pursuant to the interest article of such tax treaty and (y) with respect to any other applicable payments under any Loan Document, IRS Form W-8BEN or IRS Form W-8BEN-E or successor and related applicable forms, as applicable, establishing an exemption from, or reduction of, U.S. Federal withholding Tax pursuant to the business profits or other income article of such tax treaty;
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(2) in the case of a Foreign Lender claiming that its extension of credit will generate U.S. effectively connected income, an executed IRS Form W-8ECI;
(3) in the case of a Foreign Lender claiming the benefits of the exemption for portfolio interest under Section 881(c) of the Code, (x) a certificate substantially in the form of Exhibit E-1 to the effect that such Foreign Lender is not a bank within the meaning of Section 881(c)(3)(A) of the Code, a 10 percent shareholder of a Borrower within the meaning of Section 881(c)(3)(B) of the Code, or a controlled foreign corporation described in Section 881(c)(3)(C) of the Code (a U.S. Tax Compliance Certificate) and (y) an executed IRS Form W-8BEN or IRS Form W-8BEN-E or successor and related applicable forms, as applicable ; or
(4) to the extent a Foreign Lender is not the Beneficial Owner, an executed IRS Form W-8IMY, accompanied by IRS Form W-8ECI, IRS Form W-8BEN or IRS Form W-8BEN-E or successor and related applicable forms, as applicable, a U.S. Tax Compliance Certificate substantially in the form of Exhibit E-2 or Exhibit E-3, IRS Form W-9, and/or other certification documents from each Beneficial Owner, as applicable; provided that if the Foreign Lender is a partnership and one or more direct or indirect partners of such Foreign Lender are claiming the portfolio interest exemption, such Foreign Lender may provide a U.S. Tax Compliance Certificate substantially in the form of Exhibit E-4 on behalf of each such direct and indirect partner;
(C) any Foreign Lender shall, to the extent it is legally entitled to do so, deliver to the Borrower Representative and the Administrative Agent (in such number of copies as shall be requested by the recipient) on or prior to the date on which such Foreign Lender becomes a Lender under this Agreement (and from time to time thereafter upon the reasonable request of the Borrower Representative or the Administrative Agent), executed originals of any other form prescribed by applicable law as a basis for claiming exemption from or a reduction in U.S. Federal withholding Tax, duly completed, together with such supplementary documentation as may be prescribed by applicable law to permit the Borrowers or the Administrative Agent to determine the withholding or deduction required to be made; and
(D) if a payment made to a Lender under any Loan Document would be subject to U.S. Federal withholding Tax imposed by FATCA if such Lender were to fail to comply with the applicable reporting requirements of FATCA (including those contained in Section 1471(b) or 1472(b) of the Code, as applicable), such Lender shall deliver to the Borrower Representative and the Administrative Agent at the time or times prescribed by law and at such time or times reasonably requested by the Borrower Representative or the Administrative Agent such documentation prescribed by applicable law (including as prescribed by Section 1471(b)(3)(C)(i) of the Code) and such additional documentation reasonably requested by the Borrower Representative or the Administrative Agent as may be necessary for the Borrowers and the Administrative Agent to comply with their obligations under FATCA and to determine that such Lender has complied with such Lenders obligations under FATCA or to determine the amount to deduct and withhold from such payment. Solely for purposes of this clause (D), FATCA shall include any amendments made to FATCA after the date of this Agreement.
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Each Lender agrees that if any form or certification it previously delivered expires or becomes obsolete or inaccurate in any respect, it shall update such form or certification or promptly notify the Borrower Representative and the Administrative Agent in writing of its legal inability to do so.
(g) Additional United Kingdom Withholding Tax Matters.
(i) Subject to clause (ii) below, each Lender and each U.K. Loan Party which makes a payment to such Lender shall cooperate in completing any procedural formalities necessary for such U.K. Loan Party to obtain authorization to make such payment without withholding or deduction for Taxes imposed under the laws of the U.K., including to the extent practicable, making and filing an appropriate application for relief under any applicable income tax treaty.
(ii) (A) Any Lender which on the day on which this Agreement is entered into (x) holds a passport under the HMRC DT Treaty Passport scheme and (y) wishes such scheme to apply to this Agreement, shall provide its scheme reference number and its jurisdiction of tax residence to the Borrower Representative and the Administrative Agent (which may be satisfied by including its details (where applicable) in the Commitment Schedule);
(1) a Lender which becomes a Lender hereunder after the day on which this Agreement is entered into that (x) holds a passport under the HMRC DT Treaty Passport scheme and (y) wishes such scheme to apply to this Agreement, shall provide its scheme reference number and its jurisdiction of tax residence to the Borrower Representative and the Administrative Agent (which may be satisfied by including its details (where applicable) in the Assignment and Assumption it executes); and
(2) Upon satisfying either clause (i) or (ii) above, such Lender shall have satisfied its obligation under paragraph (g)(i) above.
(iii) If a Lender has confirmed its scheme reference number and its jurisdiction of tax residence in accordance with paragraph (g)(ii) above, the U.K. Loan Parties shall make a U.K. Borrower DTTP filing with respect to such Lender, and shall promptly provide such Lender with a copy of such filing; provided that, if a U.K. Loan Party making a payment to such Lender has made a U.K. Borrower DTTP Filing in respect of such Lender but:
(A) such U.K. Borrower DTTP Filing has been rejected by HM Revenue & Customs; or
(B) HM Revenue & Customs has not given such U.K. Loan Party authority to make payments to such Lender without a deduction for tax within 60 days of the date of such U.K. Borrower DTTP Filing;
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and, in each case, such U.K. Loan Party has notified that Lender in writing of either (A) or (B) above, then such Lender and such U.K. Loan Party shall co-operate in completing any additional procedural formalities necessary for such U.K. Loan Party to obtain authorization to make that payment without withholding or deduction for Taxes imposed under the laws of the U.K.
(iv) If a Lender has not confirmed its scheme reference number and jurisdiction of tax residence in accordance with paragraph (g)(ii) above, no U.K. Loan Party shall make a U.K. Borrower DTTP Filing or file any other form relating to the HMRC DT Treaty Passport scheme in respect of that Lenders Commitment(s) or its participation in any Loan unless the Lender otherwise agrees.
(v) Each U.K. Loan Party shall, promptly on making a U.K. Borrower DTTP Filing, deliver a copy of such U.K. Borrower DTTP Filing to the Administrative Agent for delivery to the relevant Lender.
(vi) Each Lender shall notify the Borrower Representative and Administrative Agent if it determines in its sole discretion that it ceases to be entitled to claim the benefits of an income tax treaty to which the U.K. is a party with respect to payments made by any U.K. Loan Party hereunder.
(h) Confirmation of Lenders Status for Swiss Non-Bank Rules. Each of the Lenders listed on the Commitment Schedule as having a Commitment confirms that, as of the date of this Agreement, it is a Swiss Qualifying Bank. Any Person which becomes a Lender or Participant of a Commitment after the date of this Agreement pursuant to Section 2.09 or Section 8.04 shall confirm in writing to the Swiss Loan Parties and the Administrative Agent prior to the date such Person becomes such a Lender or Participant which of the following categories it falls in:
(i) a Swiss Qualifying Bank; or
(ii) a Swiss Non-Qualifying Bank, but counts as one (1) single lender only for purposes of the Swiss Non-Bank Rules.
If such a Lender or Participant fails to indicate its status in accordance with this Section 2.17(h) then such Lender or Participant shall be treated for the purposes of this Agreement (including by each Loan Party) as if it is a Swiss Non-Qualifying Bank until such time as it notifies the Swiss Loan Parties and the Administrative Agent which category applies.
(i) Treatment of Certain Refunds. If any Recipient determines, in its sole discretion exercised in good faith, that it has received a refund of any Taxes as to which it has been indemnified pursuant to this Section 2.17 (including by the payment of additional amounts pursuant to this Section 2.17), it shall pay to the indemnifying party an amount equal to such refund (but only to the extent of indemnity payments made under this Section 2.17 with respect to the Taxes giving rise to such refund), net of all out-of-pocket expenses (including Taxes) of such indemnified party and without interest (other than any interest paid by the relevant Governmental Authority with respect to such refund). Such indemnifying party, upon the request of such indemnified party, shall repay to such indemnified party the amount paid over pursuant to this paragraph (i) (plus any penalties, interest or other charges imposed by the relevant Governmental Authority) in the event that such indemnified party is required to repay
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such refund to such Governmental Authority. Notwithstanding anything to the contrary in this paragraph (i), in no event will the indemnified party be required to pay any amount to an indemnifying party pursuant to this paragraph (i) the payment of which would place the indemnified party in a less favorable net after-Tax position than the indemnified party would have been in if the Tax subject to indemnification and giving rise to such refund had not been deducted, withheld or otherwise imposed and the indemnification payments or additional amounts giving rise to such refund had never been paid. This paragraph (i) shall not be construed to require any indemnified party to make available its Tax returns (or any other information relating to its Taxes that it deems confidential) to the indemnifying party or any other Person.
(j) VAT.
(i) All amounts expressed to be payable under any Loan Document or Letter of Credit by any Loan Party to any Secured Party which (in whole or in part) constitute the consideration for any supply for VAT purposes are deemed to be exclusive of any VAT which is chargeable on that supply and accordingly, subject to Section 2.17(j)(ii) below, if VAT is or becomes chargeable on any supply made by any Secured Party to any Loan Party under a Loan Document or Letter of Credit and such Secured Party is required to account to the relevant tax authority for the VAT, that Loan Party must pay to such Secured Party (in addition to and at the same time as paying any other consideration for such supply) an amount equal to the amount of the VAT (and such Secured Party shall promptly provide an appropriate VAT invoice to that Loan Party).
(ii) If VAT is or becomes chargeable on any supply made by any Secured Party (the Supplier) to any other Secured Party (the Customer) under a Loan Document or Letter of Credit and any party other than the Customer (the Relevant Party) is required by the terms of any Loan Document or Letter of Credit to pay an amount equal to the consideration for that supply to the supplier (rather than being required to reimburse or indemnify the Customer in respect of that consideration, then:
(A) if the Supplier is the Person required to account to the relevant tax authority for the VAT, the Relevant Party must also pay to the Supplier (at the same time as paying that amount) an additional amount equal to the amount of the VAT. The Customer must (where this paragraph (A) applies) promptly pay to the Relevant Party an amount equal to any credit or repayment the Customer receives from the relevant tax authority which the Customer reasonably determines relates to the VAT chargeable on that supply; and
(B) if the Customer is the Person required to account to the relevant tax authority for the VAT, the Relevant Party must promptly, following demand from the Customer, pay to the Customer an amount equal to the VAT chargeable on that supply but only to the extent that the Customer reasonably determines that it is not entitled to credit or repayment from the relevant tax authority in respect of that VAT.
(iii) Where a Loan Document or Letter of Credit requires any Loan Party to reimburse or indemnify a Secured Party for any cost or expense that Loan Party shall reimburse or indemnify (as the case may be) such Secured Party for the full amount of such cost or expense, including such part thereof as represents VAT, save to the extent that such Secured Party reasonably determines that it is entitled to credit or repayment in respect of such VAT from the relevant tax authority.
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(iv) Any reference in this Section 2.17(j) to any Secured Party or Loan Party shall, at any time when such Secured Party or Loan Party is treated as a member of a group for VAT purposes, include (where appropriate and unless the context otherwise requires) a reference to the representative member or parent of such group at such time (the term representative member and parent to have the same meaning as in the Value Added Tax Act 1994 of England and Wales or applicable legislation in other jurisdictions having implemented Council Directive 2006/112 EC on the common system of value added tax).
(k) Survival. Each partys obligations under this Section 2.17 shall survive the resignation or replacement of the Administrative Agent or any assignment of rights by, or the replacement of, a Lender, the termination of the Commitments and the repayment, satisfaction or discharge of all obligations under any Loan Document.
(l) Defined Terms. For purposes of this Section 2.17, the term Lender includes any Issuing Bank. and the term applicable law includes FATCA
Section 2.18 Payments Generally; Allocation of Proceeds; Sharing of Set-offs.
(a) Each Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, fees or reimbursement of LC Disbursements, or of amounts payable under Section 2.15, 2.16 or 2.17, or otherwise) prior to 2:00 p.m., Local Time, on the date when due, in immediately available funds, without set-off or counterclaim. Any amounts received after such time on any date may, in the discretion of the Administrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. Other than payments to be made directly to the Issuing Bank or Swingline Lender as expressly provided herein, all payments shall be made (i) in the same currency in which the applicable Credit Event was made and (ii) to the Administrative Agent at its offices at 10 South Dearborn Street, 22nd Floor, Chicago, Illinois; provided that, (x) in the case of a Credit Event denominated in Canadian Dollars, such payments shall be made to the Administrative Agents offices at 200 Bay Street, Royal Bank Plaza, South Tower, Suite 1800, Toronto M5J 2J2 Canada, (y) in the case of a Credit Event denominated in Sterling, Swiss Franc or Euro, such payments shall be made to the Administrative Agents Eurodollar Payment Office for such currency and (z) payments pursuant to Sections 2.15, 2.16, 2.17 and 8.03 shall be made directly to the Persons entitled thereto. The Administrative Agent shall distribute any such payments denominated in the same currency received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof. If any payment hereunder shall be due on a day that is not a Business Day, the date for payment shall be extended to the next succeeding Business Day, and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. Notwithstanding the foregoing, provisions of this Section, if, after the making of any Credit Event in any Foreign Currency, currency control or exchange regulations are imposed in the country which issues such currency with the result that the type of currency in which the Credit Event was made (the Original Currency) no longer exists, or any Borrower is not able to make payment to the Administrative Agent for the
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account of the Lenders in such Original Currency, or the terms of this Agreement require the conversion of such Credit Event into U.S. Dollars, then all payments to be made by such Borrower hereunder in such currency shall, to the fullest extent permitted by law, instead be made when due in U.S. Dollars in an amount equal to the U.S. Dollar Amount (as of the date of repayment) of such payment due, it being the intention of the parties hereto that the Borrowers take all risks of the imposition of any such currency control or exchange regulations or conversion, and each Borrower agrees to indemnify and hold harmless the Swingline Lender, the Issuing Bank, the Administrative Agent and the Lenders from and against any loss resulting from any Credit Event made to or for the benefit of such Borrower denominated in a Foreign Currency that is not repaid to the Swingline Lender, the Issuing Bank, the Administrative Agent or the Lenders, as the case may be, in the Original Currency.
(b) Any proceeds of Collateral received by the Administrative Agent (i) not constituting either (A) a specific payment of principal, interest, fees or other sum payable under the Loan Documents (which shall be applied as specified by the Borrowers), (B) a mandatory prepayment (which shall be applied in accordance with Section 2.11) or (C) amounts to be applied from the Concentration Account or Collection Account on a daily basis (which shall be applied in accordance with Section 2.10(b)) or (ii) after an Event of Default has occurred and is continuing and the Administrative Agent so elects or the Required Lenders so direct, shall be applied ratably first, to pay any fees, indemnities, or expense reimbursements including amounts then due to the Administrative Agent and the Issuing Bank from the Borrowers (other than in connection with Bank Product Obligations), second, to pay any fees or expense reimbursements then due to the Lenders from the Borrowers (other than in connection with Bank Product Obligations), third, to pay interest due in respect of the Protective Advances, fourth, to pay the principal of the Protective Advances, fifth, to pay interest then due and payable on the Loans (other than the Protective Advances) ratably, sixth, to prepay principal on the Loans (other than the Protective Advances) and unreimbursed LC Disbursements and to pay any amounts owing with respect to Bank Product Obligations up to and including the Bank Product Amount ratably, seventh, to pay an amount to the Administrative Agent equal to one hundred one percent (101%) of the aggregate undrawn face amount of all outstanding Letters of Credit and the aggregate amount of any unpaid LC Disbursements, to be held as cash collateral for such Obligations, eighth, to payment of any amounts owing with respect to Bank Product Obligations and to the extent not paid pursuant to clause sixth above and ninth, to the payment of any other Secured Obligation due to the Administrative Agent or any Lender by the Borrowers. Notwithstanding the foregoing amounts received from any Loan Party shall not be applied to any Excluded Swap Obligation of such Loan Party. Notwithstanding anything to the contrary contained in this Agreement, unless so directed by the Borrower Representative, or unless an Event of Default is in existence, neither the Administrative Agent nor any Lender shall apply any payment which it receives to any Eurodollar Loan or CDOR Rate Loan of a Class, except (a) on the expiration date of the Interest Period applicable thereto or (b) in the event, and only to the extent, that there are no outstanding ABR Loans of the same Class and, in any such event, the Borrowers shall pay the break funding payment required in accordance with Section 2.16. The Administrative Agent and the Lenders shall have the continuing and exclusive right to apply and reverse and reapply any and all such proceeds and payments to any portion of the Secured Obligations. Notwithstanding the foregoing, (x) any such applicable proceeds from property of the U.S. Loan Parties shall be applied to the Secured Obligations (other than the Foreign Secured Obligations and the Secured
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Obligations that constitute a Guarantee of the Foreign Secured Obligations) before being applied to any of the other Secured Obligations, (y) the application of any such applicable proceeds from Collateral securing solely the Foreign Secured Obligations shall only be made in respect of the Foreign Secured Obligations in the same order set forth above, and (z) the application of any such applicable proceeds from Collateral granted by any Foreign Loan Party shall be used first to satisfy the Foreign Secured Obligations of such Foreign Loan Party and the other members of its Foreign Loan Party Group before applying such funds to the Foreign Secured Obligations owed by any other Foreign Loan Party.
(c) At the election of the Administrative Agent, all payments of principal, interest, LC Disbursements, fees, premiums, reimbursable expenses (including, without limitation, all reimbursement for fees, costs and expenses pursuant to Section 8.03), and other sums payable under the Loan Documents, may be paid from the proceeds of Borrowings made hereunder whether made following a request by the Borrower Representative pursuant to Section 2.03 or a deemed request as provided in this Section or may be deducted from any deposit account of any Borrower maintained with the Administrative Agent; provided that proceeds of any Borrowings of a Foreign Borrower and proceeds deducted from any deposit account of any such Foreign Borrower shall (x) only be used to pay the Foreign Secured Obligations and (y) be used first to satisfy the Foreign Secured Obligations of such Foreign Loan Party and the other members of its Foreign Loan Party Group before applying such proceeds to the Foreign Secured Obligations owed by any other Foreign Loan Party. Each Borrower hereby irrevocably authorizes (i) the Administrative Agent to make a Borrowing for the purpose of paying each payment of principal, interest and fees as it becomes due hereunder or any other amount due under the Loan Documents and agrees that all such amounts charged shall constitute Loans (including Swingline Loans, but such a Borrowing may only constitute a Protective Advance if it is to reimburse costs, fees and expenses as described in Section 8.03) and that all such Borrowings shall be deemed to have been requested pursuant to Section 2.03, 2.04, or 2.05, as applicable and (ii) the Administrative Agent to charge any deposit account of the relevant Borrower maintained with the Administrative Agent for each payment of principal, interest and fees as it becomes due hereunder or any other amount due under the Loan Documents.
(d) If, except as otherwise expressly provided herein, any Lender shall, by exercising any right of set-off or counterclaim or otherwise, obtain payment in respect of any principal of or interest on any of its Loans or participations in LC Disbursements and Swingline Loans resulting in such Lender receiving payment of a greater proportion of the aggregate amount of its Loans and participations in LC Disbursements and Swingline Loans and accrued interest thereon than the proportion received by any other similarly situated Lender, then the Lender receiving such greater proportion shall purchase (for cash at face value) participations in the Loans and participations in LC Disbursements and Swingline Loans of other Lenders to the extent necessary so that the benefit of all such payments shall be shared by the applicable Lenders ratably in accordance with the aggregate amount of principal of and accrued interest on their respective Loans and participations in LC Disbursements and Swingline Loans; provided that (i) if any such participations are purchased and all or any portion of the payment giving rise thereto is recovered, such participations shall be rescinded and the purchase price restored to the extent of such recovery, without interest, and (ii) the provisions of this paragraph shall not be construed to apply to any payment made by any Borrower pursuant to and in accordance with the
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express terms of this Agreement or any payment obtained by a Lender as consideration for the assignment of or sale of a participation in any of its Loans or participations in LC Disbursements or Swingline Loans to any assignee or participant, other than to the Borrowers or any Subsidiary or Affiliate thereof (as to which the provisions of this paragraph shall apply). Each Borrower consents to the foregoing and agrees, to the extent it may effectively do so under applicable law, that any Lender acquiring a participation pursuant to the foregoing arrangements may exercise against such Borrower rights of set-off and counterclaim with respect to such participation as fully as if such Lender were a direct creditor of such Borrower in the amount of such participation. Notwithstanding the foregoing, any such applicable payment from a Foreign Loan Party shall only be used to purchase a participation in a Foreign Secured Obligation in the same order set forth above.
(e) Unless the Administrative Agent shall have received notice from the Borrower Representative prior to the date on which any payment is due to the Administrative Agent for the account of the Lenders or the Issuing Bank hereunder that the Borrowers will not make such payment, the Administrative Agent may assume that the Borrowers have made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the Lenders or the Issuing Bank, as the case may be, the amount due. In such event, if the Borrowers have not in fact made such payment, then each of the Lenders or the Issuing Bank, as the case may be, severally agrees to repay to the Administrative Agent forthwith on demand the amount so distributed to such Lender or Issuing Bank with interest thereon, for each day from and including the date such amount is distributed to it to but excluding the date of payment to the Administrative Agent, at the greater of the Federal Funds Effective Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation.
(f) If any Lender shall fail to make any payment required to be made by it hereunder, then the Administrative Agent may, in its discretion (notwithstanding any contrary provision hereof), (i) apply any amounts thereafter received by the Administrative Agent for the account of such Lender to satisfy such Lenders obligations hereunder until all such unsatisfied obligations are fully paid and/or (ii) hold any such amounts in a segregated account as cash collateral for, and application to, any future funding obligations of such Lender hereunder. Application of amounts pursuant to (i) and (ii) above shall be made in any order determined by the Administrative Agent in its discretion.
(g) The Administrative Agent may from time to time provide the Borrower Representative with account statements or invoices with respect to any of the Secured Obligations (the Statements). The Administrative Agent is under no duty or obligation to provide Statements, which, if provided, will be solely for the Borrower Representatives convenience. Statements may contain estimates of the amounts owed during the relevant billing period, whether of principal, interest, fees or other Secured Obligations. If the relevant Borrower pays the full amount indicated on a Statement on or before the due date indicated on such Statement, such Borrower shall not be in default of payment with respect to the billing period indicated on such Statement; provided, that acceptance by the Administrative Agent, on behalf of the Lenders, of any payment that is less than the total amount actually due at that time (including but not limited to any past due amounts) shall not constitute a waiver of the Administrative Agents or the Lenders right to receive payment in full at another time.
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Section 2.19 Mitigation Obligations; Replacement of Lenders.
(a) If any Lender requests compensation under Section 2.15, or if the Borrowers are required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 2.17, then such Lender shall use reasonable efforts to designate a different lending office for funding or booking its Loans hereunder or to assign its rights and obligations hereunder to another of its offices, branches or affiliates, if, in the judgment of such Lender, such designation or assignment (i) would eliminate or reduce amounts payable pursuant to Section 2.15 or 2.17, as the case may be, in the future and (ii) would not subject such Lender to any unreimbursed cost or expense and would not otherwise be disadvantageous to such Lender. The Borrowers hereby agree to pay all reasonable costs and expenses incurred by any Lender in connection with any such designation or assignment.
(b) If any Lender requests compensation under Section 2.15, or if any Borrower is required to pay any Indemnified Taxes or additional amounts to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 2.17, or if any Lender becomes a Defaulting Lender or ceases to be Swiss Qualifying Bank (but only if such event causes a breach of the Swiss Non-Bank Rules), then the Borrowers may, at their sole expense and effort, upon notice to such Lender and the Administrative Agent, require such Lender to assign and delegate, without recourse (in accordance with and subject to the restrictions contained in Section 8.04), all its interests, rights (other than its existing rights to payments pursuant to Section 2.15 or 2.17) and obligations under this Agreement and other Loan Documents to an assignee that shall assume such obligations (which assignee may be another Lender, if a Lender accepts such assignment); provided that (i) the Borrowers shall have received the prior written consent of the Administrative Agent (and in circumstances where its consent would be required under Section 8.04, the Issuing Bank and the Swingline Lender), which consent shall not unreasonably be withheld, (ii) such Lender shall have received payment of an amount equal to the outstanding principal of its Loans and participations in LC Disbursements and Swingline Loans, accrued interest thereon, accrued fees and all other amounts payable to it hereunder, from the assignee (to the extent of such outstanding principal and accrued interest and fees) or the Borrowers (in the case of all other amounts) and (iii) in the case of any such assignment resulting from a claim for compensation under Section 2.15 or payments required to be made pursuant to Section 2.17, such assignment will result in a reduction in such compensation or payments. A Lender shall not be required to make any such assignment and delegation if, prior thereto, as a result of a waiver by such Lender or otherwise, the circumstances entitling the Borrowers to require such assignment and delegation cease to apply.
Section 2.20 Defaulting Lenders. Notwithstanding any provision of this Agreement to the contrary, if any Lender becomes a Defaulting Lender, then the following provisions shall apply for so long as such Lender is a Defaulting Lender.
(a) fees shall cease to accrue on the unfunded portion of the Commitment of such Defaulting Lender pursuant to Section 2.12(a);
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(b) such Defaulting Lender shall not have the right to vote on any issue on which voting is required (other than to the extent expressly provided in Section 8.02(b) and the Commitment and Committed Exposure of such Defaulting Lender shall not be included in determining whether the Required Lenders other modification pursuant to Section 8.02) or under any other Loan Document; provided, that, except as otherwise provided in Section 8.02, this clause (b) shall not apply to the vote of a Defaulting Lender in the case of an amendment, waiver or other modification requiring the consent of such Lender or each Lender directly affected thereby;
(c) if any Swingline Exposure or LC Exposure exists at the time a Lender becomes a Defaulting Lender then:
(i) all or any part of the Swingline Exposure and LC Exposure of such Defaulting Lender shall be reallocated among the non-Defaulting Lenders in accordance with their respective Applicable Percentages but only to the extent that (x) the conditions set forth in Section 4.02 are satisfied at the time of such reallocation (and, unless the Borrower Representative shall have otherwise notified the Administrative Agent at such time, the Borrowers shall be deemed to have represented and warranted that such conditions are satisfied at such time) and (y) to the extent that such reallocation does not, as to any non-Defaulting Lender, cause such non-Defaulting Lenders Committed Exposure to exceed its Commitment;
(ii) if the reallocation described in clause (i) above cannot, or can only partially, be effected, the U.S. Borrower or the applicable Borrowers shall within one (1) Business Day following notice by the Administrative Agent (x) first, prepay such Swingline Exposure and (y) second, cash collateralize, for the benefit of the Issuing Bank, the Borrowers obligations corresponding to such Defaulting Lenders LC Exposure (after giving effect to any partial reallocation pursuant to clause (i) above) in accordance with the procedures set forth in Section 2.06(i)(ii) for so long as such LC Exposure is outstanding;
(iii) if the U.S. Borrower or the applicable Borrowers cash collateralize any portion of such Defaulting Lenders LC Exposure pursuant to clause (ii) above, the Borrowers shall not be required to pay any fees to such Defaulting Lender pursuant to Section 2.12(b) with respect to such Defaulting Lenders LC Exposure during the period such Defaulting Lenders LC Exposure is cash collateralized;
(iv) if the LC Exposure of the non-Defaulting Lenders is reallocated pursuant to clause (i) above, then the fees payable to the Lenders pursuant to Sections 2.12(a) and 2.12(b) shall be adjusted in accordance with such non-Defaulting Lenders Applicable Percentages; and
(v) if all or any portion of such Defaulting Lenders LC Exposure is neither reallocated nor cash collateralized pursuant to clause (i) or (ii) above, then, without prejudice to any rights or remedies of the Issuing Bank or any other Lender hereunder, all letter of credit fees payable under Section 2.12(b) with respect to such Defaulting Lenders LC Exposure shall be payable to the Issuing Bank until and to the extent that such LC Exposure is reallocated and/or cash collateralized; and
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(d) so long as such Lender is a Defaulting Lender, the Swingline Lender shall not be required to fund any Swingline Loan and the Issuing Bank shall not be required to issue, amend, renew, extend or increase any Letter of Credit, unless it is satisfied that the related exposure and such Defaulting Lenders then outstanding LC Exposure will be 100% covered by the Commitments of the non-Defaulting Lenders and/or cash collateral will be provided by the U.S. Borrower or the applicable Borrowers in accordance with Section 2.20(c), and participating interests in any such newly made Swingline Loan or newly issued or increased Letter of Credit shall be allocated among non-Defaulting Lenders in a manner consistent with Section 2.20(c)(i) (and such Defaulting Lender shall not participate therein).
If (i) a Bankruptcy Event or a Bail-In Action with respect to the Parent of any Lender shall occur following the date hereof and for so long as such event shall continue or (ii) the Swingline Lender or the Issuing Bank has a good faith belief that any Lender has defaulted in fulfilling its obligations under one or more other agreements in which such Lender commits to extend credit, the Swingline Lender shall not be required to fund any Swingline Loan and the Issuing Bank shall not be required to issue, amend or increase any Letter of Credit, unless the Swingline Lender or the Issuing Bank, as the case may be, shall have entered into arrangements with the Borrowers or such Lender, satisfactory to the Swingline Lender or the Issuing Bank, as the case may be, to defease any risk to it in respect of such Lender hereunder.
In the event that each of the Administrative Agent, the Borrower, the Swingline Lender and the Issuing Bank agrees that a Defaulting Lender has adequately remedied all matters that caused such Lender to be a Defaulting Lender, then the Swingline Exposure and LC Exposure of the Lenders shall be readjusted to reflect the inclusion of such Lenders Commitment and on the date of such readjustment such Lender shall purchase at par such of the Loans of the other Lenders (other than Swingline Loans) as the Administrative Agent shall determine may be necessary in order for such Lender to hold such Loans in accordance with its Applicable Percentage.
Section 2.21 Returned Payments. If after receipt of any payment which is applied to the payment of all or any part of the Obligations (including a payment effected through exercise of a right of setoff), the Administrative Agent or any Lender is for any reason compelled to surrender such payment or proceeds to any Person because such payment or application of proceeds is invalidated, declared fraudulent, set aside, determined to be void or voidable as a preference, impermissible setoff, or a diversion of trust funds, or for any other reason (including pursuant to any settlement entered into by the Administrative Agent or such Lender in its discretion), then the Obligations or part thereof intended to be satisfied shall be revived and continued and this Agreement shall continue in full force as if such payment or proceeds had not been received by the Administrative Agent or such Lender. The provisions of this Section 2.21 shall be and remain effective notwithstanding any contrary action which may have been taken by the Administrative Agent or any Lender in reliance upon such payment or application of proceeds. The provisions of this Section 2.21 shall survive the termination of this Agreement.
Section 2.22 Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower hereunder in the currency expressed to be payable herein (the specified currency) into another currency, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be that at which in accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at the Administrative Agents
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main New York City office on the Business Day preceding that on which final, non-appealable judgment is given. The obligations of each Borrower in respect of any sum due to any Lender or the Administrative Agent hereunder shall, notwithstanding any judgment in a currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in the specified currency, each Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such judgment, to indemnify such Lender or the Administrative Agent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 2.18, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such Borrower.
Section 2.23 Designation or Removal of Foreign Borrower.
(a) Subject to the approval of all of the Lenders, the Borrower Representative may at any time designate Elizabeth Arden GmbH as the German Borrower by delivery to the Administrative Agent of a Borrowing Subsidiary Agreement executed by such Subsidiary and the Borrower Representative and the satisfaction of the other conditions precedent set forth in Section 4.03, and upon such delivery and satisfaction (such date, the German Borrower Effective Date), such Subsidiary shall constitute the German Borrower for all purposes of this Agreement. As soon as practicable after receipt of such Borrowing Subsidiary Agreement, the Administrative Agent shall furnish a copy thereof to each Lender.
(b) The Borrower Representative may at any time execute and deliver to the Administrative Agent a termination agreement (in form and substance reasonably acceptable to the Administrative Agent) with respect to any Foreign Borrower, whereupon such Subsidiary shall cease to be a Foreign Borrower and a party to this Agreement. Notwithstanding the preceding sentence, no such termination will become effective as to any Foreign Borrower at a time when any principal of or interest on any Loan to such Foreign Borrower or any other amount due and payable by such Foreign Borrower shall be outstanding hereunder, or when assets of such Foreign Borrower are included in any Borrowing Base.
ARTICLE III
Representations and Warranties
Each Loan Party represents and warrants that:
Section 3.01 Corporate Existence and Power. Each Borrower is duly organized, validly existing and in good standing (to the extent such concept is applicable in the relevant jurisdiction) under the laws of the jurisdiction of its organization, and has all requisite power and authority and all material governmental licenses, authorizations, consents and approvals required to carry on its business as now conducted.
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Section 3.02 Corporate and Governmental Authorization; No Contravention. The execution, delivery and performance by each of the Borrowers and the Guarantors of each Loan Document to which it is or is to be a party and the Financing Transactions are within its organizational powers, have been duly authorized by all necessary organizational action, require no action by or in respect of, or filing with, any Governmental Authority or official thereof (other than such as have been duly taken or made) and do not contravene, or constitute a default under, any provision of applicable law or regulation or of the charter or other organizational document of any Borrower or any Guarantor or the Indenture or any other indenture, agreement, judgment, injunction, order, decree or other instrument binding upon any Borrower or any Guarantor or result in the creation or imposition of any Lien (other than Liens created by the Loan Documents) on any asset of any Borrower or any Subsidiary, except for any contraventions or defaults under such indentures, agreements, judgments, injunctions, orders, decrees or other instruments or the creation or imposition of any such Liens that, individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect.
Section 3.03 Binding Effect. This Agreement constitutes a valid and binding agreement of the Loan Parties, and the other Loan Documents to which any Borrower or any of the Guarantors is a party, when executed and delivered in accordance with this Agreement, will constitute valid and binding agreements and obligations of each of the Borrowers and the Guarantors that is a party thereto, in each case enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency and similar laws affecting creditors rights generally and equitable principles of general applicability.
Section 3.04 Financial Information.
(a) The consolidated audited balance sheet of the U.S. Borrower as of June 30, 2015 and the related consolidated statements of operations, shareholders equity and cash flows for the fiscal year then ended, a copy of which has been delivered to each of the Lenders, fairly present in all material respects, in conformity with generally accepted accounting principles, the financial position of the U.S. Borrower and its Consolidated Subsidiaries as of such date and its results of operations and cash flows for such fiscal year.
(b) The unaudited consolidated balance sheet of the U.S. Borrower as of March 31, 2016, and the related consolidated statements of operations and cash flows for the fiscal period then ended, a copy of which has been delivered to each of the Lenders, fairly present in all material respects, applied on a basis consistent with the financial statements referred to in subsection (a) of this Section, the financial position of the U.S. Borrower and its Consolidated Subsidiaries as of such date and its results of operations and cash flows for such fiscal period (subject to normal yearend adjustments).
(c) Since June 30, 2015, there has been no material adverse change in the business, operations or financial condition of the U.S. Borrower and its Consolidated Subsidiaries, considered as a whole.
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Section 3.05 Litigation. Except as disclosed on Schedule 3.05, there is (i) no injunction, stay, decree or order of any Governmental Authority or (ii) action, suit or proceeding pending against, or to the knowledge of the Borrowers threatened against or affecting, any Borrower or any Subsidiary before any Governmental Authority or official thereof in which there is a reasonable probability of an adverse decision which would reasonably be expected to have a Material Adverse Effect or which in any manner draws into question the validity of this Agreement or any other Loan Document.
Section 3.06 Compliance with ERISA; Pension Plans.
(a) Except to the extent that all such failures to fulfill any such obligations or comply with any such provisions would not reasonably be expected to have a Material Adverse Effect, each member of the ERISA Group has fulfilled its obligations under the minimum funding standards of ERISA and the Internal Revenue Code with respect to each Plan and is in compliance in all material respects with the presently applicable provisions of ERISA and the Internal Revenue Code with respect to each Plan. Except to the extent that all such waivers, failures and liabilities would not reasonably be expected to have a Material Adverse Effect, no member of the ERISA Group has (i) sought a waiver of the minimum funding standard under Section 412 of the Internal Revenue Code in respect of any Plan, (ii) failed to make any contribution or payment to any Plan or Multiemployer Plan or in respect of any Benefit Arrangement, or made any amendment to any Plan or Benefit Arrangement, which has resulted or could result in the imposition of a Lien or the posting of a bond or other security under ERISA or the Internal Revenue Code or (iii) incurred any liability under Title IV of ERISA other than a liability to the PBGC for premiums under Section 4007 of ERISA.
(b) Canadian Pension Plans. As of the Effective Date (i) the Canadian Loan Parties are in compliance with the terms of each Canadian Pension Plan and requirements of the Pension Benefits Act (Ontario), if applicable, or such other applicable federal or provincial laws with respect to such plans (including the ITA), except where the failure to comply would not reasonably be expected to have a Material Adverse Effect, (ii) no Canadian Pension Termination Event has occurred, (iii) there is no Canadian Multi-Employer Pension Plan, (iv) there is no Canadian Defined Benefit Plan, (v) no Lien has arisen, choate or inchoate, in respect of Canadian Loan Parties or their property in connection with any Canadian Pension Plan (save for contribution amounts not yet due and other amounts not to exceed $1,000,000), and (vi) no fact, situation or condition exists or transaction has occurred in connection with any Canadian Pension Plan or Canadian Benefit Plan that could reasonably be expected to have a Material Adverse Effect or that, to the knowledge of a Financial Officer of the Canadian Borrower, is likely to result in the incurrence by any Canadian Loan Party of any liability, fine or penalty that could reasonably be expected to result in a Material Adverse Effect.
(c) Foreign Pension Plans. Except as could not reasonably be expected to result, individually or in the aggregate, in a Material Adverse Effect: (i) all employer and employee contributions (including insurance premiums) required from any Loan Party or any of its Affiliates by applicable law or by the terms of any Foreign Pension Plan (including any policy held thereunder) have been made, or, if applicable, accrued in accordance with normal accounting practices; (ii) each Foreign Pension Plan that is required to be registered has been registered; and (iii) each such Foreign Pension Plan is in compliance (A) with all material provisions of applicable law and all material applicable regulations and regulatory requirements (whether discretionary or otherwise) with respect to such Foreign Pension Plan and (B) with all material terms of such Foreign Pension Plan.
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(d) U.K. Pension Plans. Except as disclosed on Schedule 3.06, no European Loan Party has at any time been (i) an employer (for the purposes of Section 38 to 51 of the Pensions Act 2004 (U.K.) of an occupational pension scheme which is not a money purchase scheme (both terms as defined in the Pensions Schemes Act 1993 (U.K.)) or (ii) connected with or an associate (as those terms are used in Sections 38 and 43 of the Pensions Act 2004 (U.K.) of such an employer.
Section 3.07 Environmental Matters. The U.S. Borrower and its Subsidiaries have complied in all respects with all Environmental Laws, except to the extent failure to so comply would not reasonably be expected to have a Material Adverse Effect. Neither the U.S. Borrower nor any of its Subsidiaries has received notice of any failure so to comply with the Environmental Laws, which alone or together with any other such failure would reasonably be expected to result in a Material Adverse Effect. The facilities of the U.S. Borrower and its Subsidiaries do not manage or handle any hazardous wastes, hazardous substances, hazardous materials, toxic substances or toxic pollutants, as those terms are used in the applicable Environmental Laws, in violation thereof where such violation would reasonably be expected to result, individually or together with other violations, in a Material Adverse Effect.
Section 3.08 Taxes. The U.S. Borrower and its Subsidiaries have filed or there has otherwise been filed all United States Federal income tax returns and all other material tax returns (in any applicable jurisdiction) which are required to be filed by them and have paid or there has otherwise been paid all Taxes shown to be due on such returns or pursuant to any assessment received by any Borrower or any of its Subsidiaries, except where the same is being or will be contested in good faith by appropriate proceedings. The charges, accruals and reserves on the books of the U.S. Borrower and its Subsidiaries in respect of Taxes or other governmental charges are, in the opinion of the U.S. Borrower, adequate. Each Loan Party is resident for Tax purposes only in the jurisdiction of its incorporation, other than with respect to VAT registrations.
Section 3.09 Subsidiaries. Each of the Guarantors is duly organized, validly existing and in good standing (to the extent such concept is applicable in the relevant jurisdiction) under the laws of its jurisdiction of organization, and, to the extent that the failure to do so would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, has all organizational powers and all governmental licenses, authorizations, consents and approvals required to carry on its business as now conducted. Each of the U.S. Borrowers other Subsidiaries is duly organized, validly existing and in good standing under the laws of its jurisdiction of organization, and has all organizational powers and all governmental licenses, authorizations, consents and approvals required to carry on its business as now conducted, except to the extent that all failures to comply with the foregoing would not reasonably be expected to have, in the aggregate, a Material Adverse Effect. The U.S. Subsidiary Guarantors are the only Domestic Subsidiaries that are Material Subsidiaries as of the Effective Date, and the Foreign Guarantors are the only Foreign Subsidiaries of the Foreign Borrowers that are Material Subsidiaries as of the Effective Date. As of the Effective Date, all the U.S. Borrowers Subsidiaries are reflected on Schedule 3.09.
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Section 3.10 Investment Company Status; U.K. Business. No Loan Party is an investment company within the meaning of the Investment Company Act of 1940, as amended, and none of the U.K. Loan Parties carries on any business in the U.K. which requires it to be authorized by the U.K. Financial Conduct Authority or the U.K. Prudential Regulation Authority.
Section 3.11 Full Disclosure. All information heretofore furnished in writing by any Borrower or any Subsidiary to either Agent or any Lender for purposes of or in connection with this Agreement, any other Loan Document or the Financing Transactions was, and all such information hereafter furnished in writing by any Borrower or any Subsidiary to the Administrative Agent or any Lender will be, in each case considered as a whole, true and accurate in all material respects on the date as of which such information is stated or certified. The Borrower Representative has disclosed to the Lenders in writing any and all facts which materially and adversely affect or may materially and adversely affect (to the extent that the Borrowers can now reasonably foresee), the business, operations or financial condition of the U.S. Borrower and its Consolidated Subsidiaries, considered as a whole, or the ability of the Borrowers to perform their respective obligations hereunder or under any other Loan Document. Notwithstanding the forgoing, no representation or warranty is given herein with respect to any projections other than that the information contained therein was based upon good faith estimates and assumptions believed to be reasonable at the time made in light of the past operations of the U.S. Borrower and its Subsidiaries, it being recognized by the Lenders that such projections as to future events are not to be viewed as fact and that actual results during the period or periods covered by any such projections may differ from the projected results.
Section 3.12 Compliance with Laws and Agreements. None of the Borrowers or any Subsidiary is in violation of any law, rule or regulation, or in default with respect to any judgment, writ, injunction or decree applicable to it of any Governmental Authority, where such violation or default (individually or in the aggregate) would reasonably be expected to result in a Material Adverse Effect. None of the Borrowers nor any Subsidiary is in default in any manner under any provision of any indenture or other agreement or instrument evidencing Indebtedness, or any other agreement or instrument to which it is a party or by which it or any of its properties or assets are or may be bound, where such default (individually or in the aggregate) would reasonably be expected to result in a Material Adverse Effect.
Section 3.13 Governmental Approvals. As of the Effective Date, all material consents and approvals of, and material filings and registrations with, and all other material actions in respect of, all Governmental Authorities or any other Person required in order to consummate the Financing Transactions shall have been obtained, given, filed or taken and shall be in full force and effect.
Section 3.14 Locations. As of the Effective Date, Schedule 3.14 attached hereto sets forth: (i) every location in the United States and the Netherlands where any Inventory is located other than third party locations in which the value of the Inventory located thereon does not exceed $10,000,000 in the aggregate for all such locations, (ii) every other location where any
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Borrower or any Material Subsidiary has an office (other than sales offices and retail stores) or place of business, (iii) the address of all material real estate owned by any Borrower or any Material Subsidiary, (iv) the address of all material real estate leased by any Borrower or any Material Subsidiary (including the record owner of such real estate), and (v) each jurisdiction in the United States in which any Borrower or any Material Subsidiary is qualified or required to be qualified to do business. The Canadian Borrower has no operations and maintains no tangible assets in the Province of Quebec, Canada as of the Effective Date.
Section 3.15 Licenses; Trademarks; Distribution Agreements.
(a) Schedule 3.15 attached hereto and made a part hereof sets forth as of the Effective Date a list of (i) all material non-governmental License Agreements held by any Borrower or any of its Subsidiaries relating to the operation of its business as now conducted or presently contemplated (including, as to each such License Agreement, the name of the licensee and licensor, a description of the subject matter of the License Agreement, the termination date or notice requirement with respect to termination and renewal options), (ii) all material U.S. and foreign trademarks and patents and applications for any of the foregoing owned by or registered in the name of any Borrower or any Material Subsidiary, relating to or used in connection with the operation of its business as now conducted or presently contemplated, and (iii) all material Distribution Agreements relating to the operation of its business as now conducted or presently contemplated (including, as to each such Distribution Agreement, the names of the parties, a description of the subject matter of such Distribution Agreement, the termination date or notice requirement with respect to termination and renewal options). For purposes of this Agreement, (i) a License Agreement or Distribution Agreement shall be deemed material if it represents at least $50,000,000 in consolidated net sales of the U.S. Borrower and its Subsidiaries for the twelve months ended December 31, 2015, and (ii) a trademark or patent shall be deemed material if it relates to a product line or brand that represents at least $25,000,000 in consolidated net sales of the U.S. Borrower and its Subsidiaries for the twelve months ended December 31, 2015.
(b) Except as set forth in Schedule 3.15 as of the Effective Date, all of the License Agreements and Distribution Agreements listed on Schedule 3.15 are in full force and effect and constitute legal, valid and binding obligations of the applicable Borrower or its Subsidiaries; there have not been and there currently are not any defaults thereunder by such Borrower or such Subsidiary or, to the best of the Borrowers knowledge, by any other party which could cause such License Agreement or Distribution Agreement to be canceled, revoked or terminated; and no event has occurred which (whether with or without notice, lapse of time or the happening or occurrence of any other event) would constitute such a default by such Borrower or such Subsidiary or, to the best of the Borrowers knowledge, by any other party thereunder. As of the Effective Date, the Borrowers own or have a right to use all the trademarks, copyrights, patents and applications for any of the foregoing listed on Schedule 3.15(a)(ii) and, except as set forth thereon or as permitted herein, pays no royalty under any of them and has the exclusive right to bring actions for the infringement thereof. Except as set forth on Schedule 3.15 as of the Effective Date, (i) no product made by any Borrower violates any License Agreement or Distribution Agreement listed on Schedule 3.15, and (ii) no material amount of product sold by any Borrower infringes any trademark, trade name, service mark, copyright, know-how, patent or application for any of the foregoing of any other Person. Except
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as listed on Schedule 3.15 as of the Effective Date, there is no pending or, to the best of the Borrowers knowledge, threatened claim or litigation against any Borrower or its Subsidiaries contesting the right of such Borrower or such Subsidiary to use any of the trademarks listed on Schedule 3.15 or the validity of any of the License Agreements, Distribution Agreements, copyrights and patents listed on Schedule 3.15 or asserting the misuse thereof which if adversely determined would have a Material Adverse Effect.
Section 3.16 Inventory. Each of the Borrowers represents and warrants that:
(a) The most recent inventory location report delivered under Section 5.01(g), sets forth every location where any Inventory is located other than third party locations in which the value of the Inventory located thereon does not exceed $10,000,000 in the aggregate for all such locations;
(b) No Inventory is subject to any Lien whatsoever, except as permitted by the terms of this Agreement; and
(c) Except as permitted by the definition of the term Approved Location, no Inventory included in any Borrowing Base is now, or shall at any time or times hereafter be, stored with a bailee, warehouseman or similar party unless either: (i) the obligations payable to such third party are included in the Reserves for the applicable Borrowing Base or (ii) such bailee, warehouseman or similar party has signed a Consent and Subordination Agreement, any warehouse receipts issued by such party in respect of such Inventory have been issued in non-negotiable form (or in negotiable form and delivered to the Administrative Agent) and the applicable Borrower shall have taken such other action required to cause the location at which such inventory is held to constitute an Approved Location hereunder.
Section 3.17 Security. The Collateral Documents are in full force and effect and are effective to create in favor of the applicable Agent, for the benefit of the Administrative Agent and the Lender, a legally valid and enforceable first priority, perfected security interest in the Collateral (or in the case of the U.K. Collateral Documents, will create a legally valid and enforceable first priority, perfected security interest in the Collateral described therein upon the registration of such security with Companies House).
Section 3.18 Quality of Inventory. The Borrowers (i) only sell Inventory that is appropriate for the marketplace in which the Inventory is sold and (ii) do not knowingly sell Inventory that is counterfeit.
Section 3.19 Lockbox Accounts. As of the Effective Date, Schedule 3.19 correctly identifies all Lockbox Accounts owned by each Borrower and each Guarantor and the institutions holding such accounts. No Person other than the Agents and the institution at which a lockbox account is held, has control over any lockbox account owned by any Borrower or by any Guarantor.
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Section 3.20 Solvency.
(a) Each Loan Party on a consolidated basis with its respective Subsidiaries: (i) owns assets the fair saleable value of which is (A) greater than the total amount of its liabilities (including contingent liabilities) and (B) greater than the amount that will be required to pay its then existing debts as they become absolute and matured considering all financing alternatives and potential asset sales reasonably available to it; (ii) has capital that is not unreasonably small in relation to its business as presently conducted; and (iii) does not intend to incur and does not believe that it will incur debts beyond its ability to pay such debts as they become due.
(b) With respect to the Canadian Loan Parties, immediately after the consummation of the Financing Transactions to occur on the Effective Date, (i) the property of the Canadian Loan Parties, taken as a whole on a consolidated basis with their respective Subsidiaries, at a fair valuation, is greater than the total amount of their debts and liabilities, subordinated, contingent or otherwise (after taking into account rights of contribution); (ii) the Canadian Loan Parties property, on a consolidated basis, is sufficient, if disposed of at a fairly conducted sale under legal process, to enable payment of all their obligations, due and accruing due; (iii) the Canadian Loan Parties, on a consolidated basis, will be able to pay their debts and liabilities, subordinated, contingent or otherwise, as such debts and liabilities generally become due; (iv) the Canadian Loan Parties, on a consolidated basis, have not ceased paying their current obligations in the ordinary course of business as they generally become due; and (v) no Canadian Loan Party is an insolvent person as such term is defined in the Bankruptcy and Insolvency Act (Canada).
(c) For the avoidance of doubt for purposes of both clauses (a) and (b) of this Section 3.20, none of the terms debts, liabilities or obligations shall include any Intercompany Indebtedness.
(d) With respect to each U.K. Loan Party, no U.K. Insolvency Event has occurred with respect to it.
(e) With respect to each German Loan Party, no German Insolvency Event has occurred with respect to it.
(f) With respect to each Swiss Loan Party, no Swiss Insolvency Event has occurred with respect to it.
(g) With respect to each Netherlands Relevant Entity, no Netherlands Insolvency Event has occurred with respect to it.
Section 3.21 Common Enterprise; Benefit Received. The Borrowers and the Guarantors are members of an affiliated group, and the Borrowers and the Guarantors are collectively engaged in a common enterprise with one another. Each Borrower and each Guarantor will receive reasonably equivalent value in exchange for the obligations incurred under the Loan Documents to which each is a party. Each Borrower and each Guarantor will derive substantial benefit from the credit extended pursuant hereto in an amount at least equal to its obligations under the Loan Documents to which it is a party.
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Section 3.22 Anti-Corruption Laws and Sanctions. The U.S. Borrower has implemented and maintains in effect policies and procedures designed to ensure compliance by the U.S. Borrower, the other Loan Parties, their respective Subsidiaries and their respective directors, officers, employees and agents with applicable Anti-Corruption Laws and applicable Sanctions, and the U.S. Borrower, the other Loan Parties, their respective Subsidiaries and their respective officers and directors and, to the knowledge of the U.S. Borrower or the other Loan Parties, their respective employees and agents, are in compliance with applicable Anti-Corruption Laws and applicable Sanctions in all material respects. None of (a) the U.S. Borrower, any Subsidiary or, to the knowledge of the U.S. Borrower or such Subsidiary, any of their respective directors, officers or employees, or (b) to the knowledge of the U.S. Borrower or any Subsidiary, any agent of U.S. Borrower or any Subsidiary that will act in any capacity in connection with or benefit from the credit facility established hereby, is a Sanctioned Person. No Borrowing or Letter of Credit, use of proceeds, the Financing Transactions or other transaction contemplated by this Agreement or the other Loan Documents will violate applicable Anti-Corruption Laws or applicable Sanctions. No representation under this Section 3.22 shall be made with respect to any German Loan Party to the extent it would violate section 7 of the German Foreign Trade Ordinance (Außenwirtschaftsverordnung), any provision of Council Regulation (EC) 2271/1996 or any similar applicable anti-boycott law or regulation binding on such German Loan Party.
Section 3.23 EEA Financial Institutions. No Loan Party is an EEA Financial Institution.
Section 3.24 Centre of Main Interest. For the purposes of the Regulation, each European Loan Partys centre of main interests (as that term is used in Article 3(1) of the Regulation) is situated in its jurisdiction of incorporation and it has no establishment (as that term is used in Article 2(h) of the Regulation) in any other jurisdiction.
Section 3.25 Compliance with Swiss Non-Bank Rules. Subject to paragraph (a) and (b) below, each Swiss Loan Party represents that it is in compliance with the Swiss Non-Bank Rules.
(a) For the purposes of this Section 3.25 and in accordance with Section 8.04, each Swiss Loan Party shall assume that the aggregate number of Lenders or Participants of a Commitment which are Swiss Non-Qualifying Banks is ten (10).
(b) A Swiss Loan Party shall not be in breach of its representation under paragraph (a) above if the Swiss Non-Bank Rules are breached as a result of one or more Lenders or Participants of a Commitment:
(i) incorrectly declaring its status as to whether it is a Swiss Qualifying Bank or a Swiss Non-Qualifying Bank;
(ii) breaching the restrictions pursuant to Section 8.04(b)(ii)(G);
(iii) ceasing to be a Swiss Qualifying Bank as a result of any reason attributable to that Lender or Participant of a Commitment other than as a result of any change after the date on which they became a Lender or Participant of a Commitment under this Agreement in (or in the interpretation, administration or application of) any law or treaty, or any published practice or published concession of any relevant taxing authority; or
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(iv) transferring or assigning any Loan to, or entering into a participation, derivative, exposure transfer or other transaction with, persons not qualifying as Swiss Qualifying Banks after the occurrence of an Event of Default.
Section 3.26 European Distribution Agreements. Each European Distribution Agreement is in full force and effect and, under Swiss law, each European Distribution Agreement provides that any right, title or interest in any Accounts arising from the sale of any Inventory referred to therein shall vest in the Borrower party to such European Distribution Agreement.
ARTICLE IV
Conditions
Section 4.01 Effective Date. This Agreement shall not become effective to amend and restate the Existing Credit Agreement or add the Foreign Commitments for the Foreign Borrowers (other than the German Borrower) until the date on which each of the following conditions is satisfied (or waived in accordance with Section 8.02):
(a) Credit Agreement and Other Loan Documents. Except for the items permitted to be provided after the Effective Date pursuant to Section 5.29, the Administrative Agent (or its counsel) shall have received (i) from each party hereto either (A) a counterpart of this Agreement signed on behalf of such party or (B) written evidence satisfactory to the Administrative Agent (which may include facsimile or other electronic transmission of a signed signature page of this Agreement) that such party has signed a counterpart of this Agreement, (ii) either (A) a counterpart of each other Loan Document signed on behalf of each party thereto, or (B) written evidence satisfactory to the Administrative Agent (which may include facsimile or other electronic transmission of a signed signature page thereof) that each such party has signed a counterpart of such Loan Document or Deposit Account Control Agreement, (iii) without limiting the preceding clause (ii), from each Lender hereto either (A) a counterpart of the Lender Allocation Agreement signed on behalf of such Lender or (B) written evidence satisfactory to the Administrative Agent (which may include facsimile or other electronic transmission of a signed signature page thereof) that such Lender has signed a counterpart of the Lender Allocation Agreement, and (iv) such other certificates, documents, instruments and agreements as the Administrative Agent shall reasonably request in connection with the transactions contemplated by this Agreement and the other Loan Documents, including any Notes requested by a Lender pursuant to Section 2.10 payable to each such requesting Lender and written opinions of the U.S. and foreign counsels of the Loan Parties and/or Administrative Agent, as the Administrative Agent may request, addressed to the Administrative Agent, the Issuing Bank and the Lenders, all dated as of the Effective Date and in form and substance as agreed to with the Administrative Agent, the Lead Arranger and their counsel.
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(b) Closing Certificates; Certified Certificate of Incorporation; Good Standing Certificates. The Administrative Agent shall have received (i) a certificate of each Loan Party, dated the Effective Date and executed by (in respect of the European Loan Parties other than the German Loan Parties) a director or (in the case of the other Loan Parties) its Secretary, Assistant Secretary or another officer acceptable to the Administrative Agent or its counsel, which shall (A) certify the resolutions of its Board of Directors, shareholders, members and/or other body authorizing the execution, delivery and performance of the Loan Documents to which it is a party, (B) identify by name and title and bear the signatures of the Financial Officers and other officers of such Loan Party authorized to sign the Loan Documents to which it is a party, and (C) contain appropriate attachments, including the certificate of incorporation or organization (or similar document, such as an excerpt from the commercial register with respect to the Swiss Loan Parties) of each Loan Party certified by the relevant authority of the jurisdiction of organization of such Loan Party (to the extent available in the jurisdiction and requested by the Administrative Agent) and a true and correct copy of its by-laws, articles of association or operating, management or partnership agreement, unanimous shareholder agreement, declaration of trust, or other organizational or governing documents, and (ii) a good standing certificate, certificate of status or certificate of compliance (where relevant) for each Loan Party, except for any Swiss Loan Party, from its jurisdiction of organization or the substantive equivalent, if any, available in the jurisdiction of organization for each Loan Party from the appropriate governmental officer in such jurisdiction.
(c) No Default Certificate. The Administrative Agent shall have received a certificate, signed by a Financial Officer of the Borrower Representative, on behalf of all of the applicable Borrowers, dated as of the Effective Date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III are true and correct in all material respects as of such date (or, with respect to any representation or warranty which by its terms is made as of a specified date, is true and correct in all material respects only as of such specified date or, with respect to any representation or warranty which is subject to any materiality qualifier, is true and correct in all respects), and (iii) certifying as to any other factual matters as may be reasonably requested by the Administrative Agent.
(d) Fees. The Lenders, the Lead Arranger and the Administrative Agent shall have received all fees required to be paid, and all expenses for which invoices have been presented (including the reasonable fees and expenses of legal counsel), on or before the Effective Date.
(e) Lien Searches. The Administrative Agent shall have received the results of a recent lien search in each jurisdiction (where applicable) reasonably requested by the Administrative Agent, and such search shall reveal no Liens on any of the assets of the Loan Parties except for Liens permitted by Section 5.10 or discharged on or prior to the Effective Date pursuant to a pay-off letter or other documentation satisfactory to the Administrative Agent.
(f) Funding Account. The Administrative Agent shall have received a notice setting forth the deposit account(s) of the Borrowers (the Funding Account) to which the Administrative Agent is authorized by the Borrowers to transfer the proceeds of any Borrowings requested or authorized pursuant to this Agreement.
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(g) Solvency. The Administrative Agent shall have received a solvency certificate from a Financial Officer of each Loan Party, certifying the solvency of such Loan Party.
(h) Borrowing Base Certificate. The Administrative Agent shall have received a Borrowing Base Certificate which calculates each of the Borrowing Bases as of a date specified by the Administrative Agent with customary supporting documentation and supplemental reporting satisfactory to the Administrative Agent.
(i) Pledged Equity Interests; Stock Powers; Pledged Notes. Subject to Section 5.29, the Administrative Agent shall have received (i) the certificates representing the Equity Interests pledged pursuant to any Collateral Document, together with an undated stock power for each such certificate executed in blank by a duly authorized officer of the pledgor thereof and (ii) each promissory note (if any) required to be delivered to the Administrative Agent pursuant to any Collateral Document endorsed (without recourse) in blank (or accompanied by an executed transfer form in blank) by the pledgor thereof.
(j) Filings, Registrations and Recordings. Each document (including any Uniform Commercial Code and PPSA financing statement) required by the Collateral Documents or under law or reasonably requested by the Administrative Agent to be filed, registered or recorded in order to create in favor of the Administrative Agent or the U.S. Collateral Agent, as applicable, for the benefit of itself, the Lenders and the other Secured Parties, a perfected Lien on the Collateral described therein, prior and superior in right to any other Person (other than with respect to Liens expressly permitted by Section 5.10), shall be in proper form for filing, registration or recordation.
(k) Insurance. The Administrative Agent shall have received evidence of insurance coverage and endorsements to policies in form, scope, and substance reasonably satisfactory to the Administrative Agent and otherwise in compliance with the terms of Section 5.03 and the Collateral Documents.
(l) Tax Withholding. The Administrative Agent shall have received a properly completed and signed IRS Form W-8 or W-9, as applicable, for each Loan Party.
(m) Corporate Structure. The corporate structure, capital structure and other material debt instruments, material accounts and governing documents of the applicable Borrowers and their Subsidiaries shall be acceptable to the Administrative Agent in its sole discretion.
(n) Field Examination. The Administrative Agent or its designee shall have conducted a field examination of the applicable Foreign Borrowers Accounts, Inventory and related working capital matters and of the applicable Foreign Borrowers related data processing and other systems, the results of which shall be satisfactory to the Administrative Agent in its sole discretion.
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(o) Legal Due Diligence. The Administrative Agent and its counsel shall have completed all legal due diligence, the results of which shall be satisfactory to Administrative Agent in its sole discretion.
(p) Appraisal. The Administrative Agent shall have received an appraisal of the Swiss Borrowers Inventory from one or more firms satisfactory to the Administrative Agent, which appraisal shall be satisfactory to the Administrative Agent in its sole discretion.
(q) USA PATRIOT Act, Etc. The Administrative Agent and the Lenders shall have received all documentation and other information required by bank regulatory authorities under applicable know your customer and anti-money laundering rules and regulations, including the USA PATRIOT Act and the AML Legislation, for each Loan Party.
(r) Intercreditor Agreement. The Administrative Agent shall have received the Intercreditor Agreement executed by and among the U.S. Collateral Agent, the Administrative Agent, the Second Lien Term Lender and the U.S. Borrower.
(s) Other Documents. The Administrative Agent shall have received such other documents as the Administrative Agent, the Issuing Bank, any Lender or their respective counsel may have reasonably requested.
Without limiting the generality of the provisions of Article VII, for purposes of determining compliance with the conditions specified in this Section 4.01, each Lender that has signed this Agreement shall be deemed to have consented to, approved or accepted or be satisfied with, each document or other matter required under this Section 4.01 to be consented to or approved by or be acceptable or satisfactory to a Lender unless the Administrative Agent shall have received notice from such Lender prior to the Effective Date specifying its objection thereto. All documents executed or submitted pursuant to this Section 4.01 by and on behalf of the Borrowers shall be in form and substance reasonably satisfactory to the Administrative Agent and its counsel. The Administrative Agent shall notify the Borrower Representative and the Lenders of the Effective Date, and such notice shall be conclusive and binding. Notwithstanding the foregoing, the obligations of the Lenders to make Loans and of the Issuing Bank to issue Letters of Credit hereunder shall not become effective unless each of the foregoing conditions is satisfied (or waived pursuant to Section 8.02).
Upon the satisfaction of the conditions precedent set forth in this Section 4.01 on the Effective Date, (a) each U.S. Lender who holds U.S. Revolving Loans in an aggregate amount less than its U.S. Facility Percentage (after giving effect to this amendment and restatement) of all U.S. Revolving Loans shall advance new U.S. Revolving Loans which shall be disbursed to the Administrative Agent and used to repay U.S. Revolving Loans outstanding to each U.S. Lender who holds U.S. Revolving Loans in an aggregate amount greater than its U.S. Facility Percentage of all U.S. Revolving Loans, (b) each U.S. Lenders participation in each Letter of Credit shall be automatically adjusted to equal its U.S. Facility Percentage (after giving effect to this amendment and restatement), and (c) such other adjustments shall be made as the Administrative Agent shall specify so that each U.S. Lenders U.S. Committed Exposure equal its U.S. Facility Percentage (after giving effect to this amendment and restatement). The loans and/or adjustments described in this paragraph are referred to herein as the True-Up Loans.
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Section 4.02 Each Credit Event. The obligation of each Lender to make a Loan on the occasion of any Borrowing, and of the Issuing Bank to issue, amend, renew or extend any Letter of Credit, is subject to the satisfaction of the following conditions:
(a) The representations and warranties of the Loan Parties set forth in the Loan Documents shall be true and correct in all material respects with the same effect as though made on and as of the date of such Borrowing or the date of issuance, amendment, renewal or extension of such Letter of Credit, as applicable (it being understood and agreed that any representation or warranty which by its terms is made as of a specified date shall be required to be true and correct in all material respects only as of such specified date, and that any representation or warranty which is subject to any materiality qualifier shall be required to be true and correct in all respects).
(b) At the time of and immediately after giving effect to such Borrowing or the issuance, amendment, renewal or extension of such Letter of Credit, as applicable, (i) no Default shall have occurred and be continuing and (ii) no Protective Advance shall be outstanding.
(c) After giving effect to any Borrowing or the issuance, amendment, renewal or extension of any Letter of Credit, the Borrowers shall be in compliance with the Revolving Exposure Limitations, and the Borrower Representative shall have delivered sufficient evidence thereof under the most recent Borrowing Base Certificate delivered to the Administrative Agent.
(d) The making of such Loan or the issuance of such Letter of Credit, shall not be prohibited by, or subject the Administrative Agent or any Lender to, any penalty or onerous condition under any Requirements of Law.
Each Borrowing and each issuance, amendment, renewal or extension of a Letter of Credit shall be deemed to constitute a representation and warranty by the Borrowers on the date thereof as to the matters specified in paragraphs (a), (b), (c), and (d) of this Section.
Notwithstanding the failure to satisfy the conditions precedent set forth in paragraphs (a) or (b) of this Section, unless otherwise directed by the Required Lenders, the Administrative Agent may, but shall have no obligation to, continue to make Loans and an Issuing Bank may, but shall have no obligation to, issue, amend, renew or extend, or cause to be issued, amended, renewed or extended, any Letter of Credit for the ratable account and risk of Lenders from time to time if the Administrative Agent believes that making such Loans or issuing, amending, renewing or extending, or causing the issuance, amendment, renewal or extension of, any such Letter of Credit is in the best interests of the Lenders.
Section 4.03 Designation of a Foreign Borrower. The designation of a Foreign Borrower pursuant to Section 2.23 is subject to the condition precedent that the Borrower Representative or such proposed Foreign Borrower shall have furnished or caused to be furnished to the Administrative Agent the following:
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(a) copies, certified by the managing director(s) (Geschäftsführer) of each German Loan Party, of its Board of Directors resolutions (and resolutions of other bodies, if any are deemed necessary by counsel for the Administrative Agent) approving the Borrowing Subsidiary Agreement, this Agreement and any other Loan Documents to which such Foreign Borrower is becoming a party and such documents and certificates as the Administrative Agent or its counsel may reasonably request relating to the organization, existence and good standing of such Subsidiary;
(b) an incumbency certificate, executed by the managing director(s) (Geschäftsführer) of each German Loan Party, which shall identify by name and title and bear the signature of the officers of such Subsidiary authorized to request Borrowings hereunder and sign the Borrowing Subsidiary Agreement, this Agreement and the other Loan Documents to which such Foreign Borrower is becoming a party, upon which certificate the Administrative Agent and the Lenders shall be entitled to rely until informed of any change in writing by the Borrower Representative or such Foreign Borrower;
(c) opinions of counsel to such Foreign Borrower, in form and substance reasonably satisfactory to the Administrative Agent and its counsel, with respect to the laws of its jurisdiction of organization and such other matters as are reasonably requested by counsel to the Administrative Agent and addressed to the Administrative Agent and the Lenders;
(d) any promissory notes requested by any Lender, and any other instruments and documents reasonably requested by the Administrative Agent;
(e) (i) a certificate, signed by a Financial Officer of the U.S. Borrower and dated the German Borrower Effective Date, (A) stating that no Default has occurred and is continuing, (B) stating that the representations and warranties contained in Article III are true and correct as of such date, and (C) certifying any other factual matters as may be reasonably requested by the Administrative Agent, and (ii) a solvency certificate from a Financial Officer of such Foreign Borrower, certifying the solvency of such Foreign Borrower;
(f) a notice from the Borrower Representative setting forth the Funding Accounts of such Foreign Borrower to which the Lenders are authorized to transfer the proceeds of any Borrowings requested or authorized pursuant to this Agreement;
(g) copies of such Foreign Collateral Documents (and notices of security relating to such agreements) as the Administrative Agent may request, duly executed by such Foreign Borrower, and other evidence satisfactory to the Administrative Agent that all filings and other actions have been taken for the Administrative Agent to have a first priority perfected security interest in the Collateral of such Foreign Borrower (subject to Liens permitted under Section 5.10 hereof);
(h) a Borrowing Base Certificate calculating each Borrowing Base, as of a date reasonably near but on or prior to the German Borrower Effective Date;
(i) all government and third party approvals in connection with the transaction contemplated pursuant to this Section 4.03 with respect to such Foreign Borrower and the Borrower Representative shall have been obtained and be in full force and effect, and all applicable waiting periods shall have expired without any action being taken or threatened by any competent authority that would restrain, prevent or otherwise impose adverse conditions with respect to the foregoing;
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(j) evidence of insurance coverage with respect to such Foreign Borrower, in form, scope and substance evidencing compliance with the terms of any applicable Loan Document;
(k) such information, supporting documentation and other evidence regarding such Foreign Borrower and its directors, authorized signing officers, direct or indirect shareholders or other Persons in control thereof, and the transactions contemplated hereby, as may be reasonably requested by the Administrative Agent in order to comply with the requirements of the USA PATRIOT Act and any other AML Legislation and know-your-customer laws;
(l) in the case of any Foreign Borrower added pursuant to Section 2.23, to the extent requested by the Administrative Agent, satisfactory appraisals of Inventory and field exams from appraisers satisfactory to the Administrative Agent;
(m) any Deposit Account Control Agreements or other equivalent arrangements that are required to be provided pursuant to Section 5.20 hereof and each applicable Foreign Security Agreement of such Foreign Borrower;
(n) to the extent required by the terms of the applicable Foreign Security Agreement of such Subsidiary or any other Collateral Document, the Administrative Agent shall have received (i) the certificates representing the Equity Interests that are required to be pledged pursuant thereto, together with undated stock powers or stock transfer forms, as applicable, for each such certificate executed in blank by a duly authorized officer of the pledgor thereof and (ii) each promissory note (if any) required to be pledged pursuant thereto;
(o) payoff documentation providing evidence that all existing credit facilities of such Foreign Borrower have been terminated and cancelled (other than Indebtedness permitted under Section 5.15), all Indebtedness thereunder has been fully repaid and, to the extent available, the results of a recent lien search report in each of the jurisdictions where assets of such Foreign Borrower are located, and such search shall reveal no Liens on any of the assets of such Foreign Borrower except for Liens permitted under Section 5.10 hereof;
(p) payment of all fees required to be paid and all expenses for which invoices have been presented (including, without limitation, the reasonable fees and expenses of legal counsel), in each case, in connection with the designation of such Subsidiary as a Foreign Borrower; and
(q) such other documents and actions that the Administrative Agent may reasonably request in order to give effect to the provisions contained in this Section 4.03 and/or which the Administrative Agent reasonably deems necessary to reflect commercial or legal requirements in relation to such Subsidiary.
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The U.S. Borrower may join any Material Foreign Subsidiary as a Foreign Guarantor at the time of the addition of any additional Foreign Borrower.
ARTICLE V
Covenants
Until the Commitments shall have expired or been terminated and the principal of and interest on each Loan and all fees payable hereunder shall have been paid in full and all Letters of Credit shall have expired or terminated or been cash collateralized pursuant to arrangements reasonably satisfactory to the Administrative Agent (which may include a backstop letter of credit issued by an issuer, and in form and substance reasonably satisfactory to the Administrative Agent), in each case without any pending draw, and all LC Disbursements shall have been reimbursed, each Loan Party executing this Agreement covenants and agrees, jointly and severally with all of the other Loan Parties, with the Lenders that:
Section 5.01 Information. The Borrower Representative will deliver to each of the Lenders (directly or through the Administrative Agent):
(a) as soon as available and in any event within ninety (90) days after the end of each fiscal year of the U.S. Borrower, audited consolidated balance sheet of the U.S. Borrower and its Consolidated Subsidiaries as of the end of such fiscal year and the related consolidated statements of operations, stockholders equity and cash flows for such fiscal year, setting forth in each case in comparative form the figures for the previous fiscal year, all reported on in the form of an unqualified audit opinion by independent public accountants of nationally recognized standing;
(b) as soon as available and in any event within forty-five (45) days after the end of each of the first three quarters of each fiscal year of the U.S. Borrower, a consolidated balance sheet of the U.S. Borrower and its Consolidated Subsidiaries as of the end of such quarter, the related consolidated statement of stockholders equity as of such fiscal quarter end and the related consolidated statements of operations and cash flows for the portion of the U.S. Borrowers fiscal year ended at the end of such quarter; setting forth in comparative form the figures for the corresponding quarter or the corresponding portion of the U.S. Borrowers previous fiscal year (as the case may be), all certified (subject to normal year-end adjustments) as to fairness of presentation, GAAP and consistency by a Financial Officer of the U.S. Borrower;
(c) simultaneously with the delivery of each set of financial statements referred to in clause (a) above and each set of financial statements referred to in clause (e) below delivered for each month end which corresponds with the end of each fiscal quarter end, a certificate of a Financial Officer of the U.S. Borrower: (i) setting forth in reasonable detail the calculations required to establish whether the Borrowers were in compliance with the requirements of Section 5.19 of this Agreement on the date of such financial statements, (ii) setting forth in reasonable detail the calculations required to establish the Debt Service Pricing Ratio in order to determine the Applicable Margin and Applicable Letter of Credit Fee Rate for the upcoming fiscal quarter, (iii) stating whether any Default exists hereunder on the date of such certificate and, if any Default then exists, setting forth the details thereof and the action which the Borrowers are taking or propose to take with respect thereto, (iv) stating whether, since the date of the most recent financial statements previously delivered pursuant to this Section, there has been any material change in GAAP applied in the preparation of such statements, and, if so, describing such change and (v) stating whether there is any Material Domestic Subsidiary that is required to be a Guarantor but currently is not a Guarantor;
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(d) simultaneously with the delivery of each set of financial statements referred to in clause (a) above, a statement of the firm of independent public accountants which reported on such statements as to (i) whether anything has come to their attention to cause them to believe that any Default existed on the date of such statements and (ii) confirming the calculations set forth in the officers certificate delivered simultaneously therewith pursuant to clause (c) above; provided that the foregoing shall not be construed to require that such accountants conduct any investigation outside the regular course of their audit;
(e) within thirty (30) days after the end of each month, a consolidated and consolidating balance sheet of the U.S. Borrower and its Consolidated Subsidiaries as of the end of such month, the related consolidated statements of stockholders equity as of the end of such month and the related consolidated and consolidating statements of operations and cash flows for such month and for the portion of the U.S. Borrowers fiscal year ended at the end of such month, setting forth in each case in comparative form the figures for the corresponding month and the corresponding portion of the U.S. Borrowers previous fiscal year, all certified (subject to normal year-end adjustments) as to fairness of presentation, GAAP and consistency by a Financial Officer of the U.S. Borrower;
(f) a Borrowing Base Certificate calculating each of the Borrowing Bases, together with an accounts receivable aging report (reflecting all journal entries and adjustments including all customer credits and debits), a report showing all amounts payable by the Borrowers to the Account Debtors whose Accounts are included in any Borrowing Base, a collections report, a sales report and lockbox statements all certified by a Financial Officer of the Borrower Representative: (i) within fifteen (15) days after the end of each month, with the Borrowing Base Certificate and reports being prepared as of the last day of such month, and (ii) if a Default exists, within three days after any other date requested by the Administrative Agent with the Borrowing Base Certificate and such reports being prepared as of the date of the request; provided that if U.S. Availability is less than $50,000,000 at any time during the period from and including June 1 to and including November 30, then for as long as the U.S. Availability is less than $50,000,000 during such period, the Borrower Representative will deliver to each Lender on Tuesday of each week a collections report, a sales report and an inventory report of the type required to be delivered under clause (g) of this Section 5.01 (which inventory report shall include a breakdown of Inventory by category) as of the immediately preceding Saturday;
(g) within fifteen (15) days after the end of each month, a report, in the form acceptable to the Administrative Agent, setting forth in reasonable detail the location and dollar amount of the Inventory of the Borrowers and their Subsidiaries as of the last day of the month, certified by a Financial Officer of the Borrower Representative as of the end of such month;
(h) within forty-five (45) days after the end of each fiscal year of the U.S. Borrower, projections in reasonable detail of an annual operating budget and cash flow of the U.S. Borrower and its Subsidiaries, prepared by the Borrower Representative on a monthly basis
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for the current fiscal year and on an annual basis for the next succeeding fiscal year, and also containing a certification by a Financial Officer of the Borrower Representative to the effect that such projections have been prepared on a sound financial planning basis and that the assumptions upon which such projections are based are reasonable;
(i) within five (5) days after the principal executive officer, president or any financial officer of any Borrower obtains knowledge of any Default, if such Default is then continuing, a certificate of a Financial Officer of the Borrower Representative setting forth the details thereof and the action which the Borrowers are taking or propose to take with respect thereto;
(j) all periodic and other reports, proxy statements and other materials filed by the U.S. Borrower with the SEC, or any Governmental Authority succeeding to any or all of the functions of the SEC, or with any national securities exchange, or distributed by the U.S. Borrower to its shareholders generally, as the case may be, promptly upon the filing of such reports, statements and other materials; provided, however, that to the extent such periodic and other reports, proxy statements and other materials are filed by the U.S. Borrower on the SECs EDGAR website, such periodic and other reports, proxy statements and other materials shall be deemed to have been delivered to the Administrative Agent and the Lenders;
(k) if and when any member of the ERISA Group (i) gives or is required to give notice to the PBGC of any reportable event (as defined in Section 4043 of ERISA) with respect to any Plan which might constitute grounds for a termination of such Plan under Title IV of ERISA, or knows that the plan administrator of any Plan has given or is required to give notice of any such reportable event, a copy of the notice of such reportable event given or required to be given to the PBGC; (ii) receives notice of complete or partial withdrawal liability under Title IV of ERISA or notice that any Multiemployer Plan is in reorganization, is insolvent or has been terminated, a copy of such notice; (iii) receives notice from the PBGC under Title IV of ERISA of an intent to terminate, impose liability (other than for premiums under Section 4007 of ERISA) in respect of, or appoint a trustee to administer any Plan, a copy of such notice; (iv) applies for a waiver of the minimum funding standard under Section 412 of the Internal Revenue Code, a copy of such application; (v) gives notice of intent to terminate any Plan under Section 4041(c) of ERISA, a copy of such notice and other information filed with the PBGC; (vi) gives notice of withdrawal from any Plan pursuant to Section 4063 of ERISA, a copy of such notice; or (vii) fails to make any payment or contribution to any Plan or Multiemployer Plan or in respect of any Benefit Arrangement or makes any amendment to any Plan or Benefit Arrangement which has resulted or could reasonably be expected to result in the imposition of a Lien or the posting of a bond or other security, a certificate of a Financial Officer of the Borrower Representative setting forth details as to such occurrence and action, if any, which the U.S. Borrower or applicable member of the ERISA Group is required or proposes to take;
(l) (i) promptly upon issuance, copies of each annual and other return, report or valuation with respect to each existing, or hereafter adopted, Canadian Pension Plan as filed with any applicable Governmental Authority; (ii) promptly after receipt thereof, a copy of any direction or order or notice of any investigation that any Canadian Loan Party or any Subsidiary of any Canadian Loan Party may receive from any applicable Governmental Authority with respect to any Canadian Pension Plan, in each case that relates to financial matters (except with
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respect to routine claims for benefits by participants); (iii) notification within 30 days of the establishment of any new Canadian Pension Plan (excluding new Canadian Defined Benefit Plans (which, other than existing plans that are assumed in connection with a Permitted Acquisition, are prohibited from being established pursuant to Section 5.08 without the consent of the Administrative Agent)) or Canadian Benefit Plan or the commencement of contributions to any such plan to which any Canadian Loan Party or any Subsidiary of any Canadian Loan Party was not contributing prior to the Effective Date or any increase after the Effective Date in the benefits provided under any Canadian Pension Plan or Canadian Benefit Plan, (iv) immediate notice of any voluntary or involuntary termination of, or participation in, a Canadian Pension Plan (excluding voluntary terminations or wind-ups of Canadian Defined Benefit Plans (which are prohibited from being voluntarily wound up or terminated pursuant to Section 5.08 without the consent of the Administrative Agent)) or a Canadian Benefit Plan, which could reasonably be expected to result in a Material Adverse Effect, and (v) prompt notice of any fact, situation or condition that exists or transaction that has occurred in connection with any Canadian Pension Plan or Canadian Benefit Plan that could reasonably be expected to have a Material Adverse Effect or that, to the knowledge of a Financial Officer of the Canadian Borrower, is likely to result in the incurrence by any Canadian Loan Party of any liability, fine or penalty that could reasonably be expected to result in a Material Adverse Effect;
(m) written notice within five (5) Business Days after any Financial Officer obtains knowledge of the occurrence of any of the following: (i) an investigation or proposed investigation by the Pensions Regulator which may lead to the issuance of a Financial Support Direction or a Contribution Notice in relation to any Foreign Pension Plan, (ii) that any amount is due to any Foreign Pension Plan pursuant to Sections 75 or 75A of the Pensions Act 1995 (U.K.), (iii) that an amount is payable under Sections 75 or 75A of the Pensions Act 1995 (U.K.), and/or (iv) any material change to the rate or basis of the employer contributions to a Foreign Pension Plan;
(n) if, following the Effective Date, any Loan Party or any of its Subsidiaries or Affiliates becomes (and is not at the Effective Date) an employer (for the purposes of Sections 38 to 51 of the Pensions Act 2004 (U.K.)) in respect of any U.K. DB Plan, the name of the relevant U.K. DB Plan and, upon further reasonable written request of the Administrative Agent, material and relevant details of that relevant U.K. DB Plan;
(o) written notice within five (5) Business Days after any Financial Officer obtains knowledge of (i) the occurrence of a Canadian Pension Termination Event that could reasonably be expected to result in a Material Adverse Effect; and (ii) receipt of any notice from, or any action of, FSCO, Office of the Superintendent of Financial Institutions or other Governmental Authority that that could lead to a Canadian Pension Termination Event that could reasonably be expected to result in a Material Adverse Effect;
(p) from time to time such additional information regarding the financial position or business of the Borrowers and their Subsidiaries as either Agent, at the request of any Lender, may reasonably request;
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(q) immediately notify the Administrative Agent upon becoming aware that the counterparty to a European Distribution Agreement or any other third party is seeking to terminate or repudiate such European Distribution Agreement and, in the event that any European Distribution Agreement is amended, provide the Administrative Agent with details of the requested or proposed amendment as soon as they are available, as well as a copy of such amendment promptly after such amendment is entered into. Further, upon written request of the Administrative Agent the Borrower Representative will provide the Administrative Agent with any reasonably requested information and details related to any European Distribution Agreement; and
(r) within thirty (30) days after the end of each month, the following reports: (i) financial comparison of month to date and year to date performance of the U.S. Borrower and its Consolidated Subsidiaries to prior year results and current years quarterly budget; (ii) a listing of the top ten concentration for Accounts and accounts payable for each Borrower; (iii) a listing of the balance of intercompany loans; (iv) consolidating profit and loss statement (domestic/international); and (v) SBU (i.e., selling business unit) analysis of sales, EBITDA and gross margin.
Section 5.02 Payment of Obligations. Each Borrower will pay and discharge, and will cause each of its Subsidiaries to pay and discharge, at or before maturity, all their respective material obligations and liabilities, including, without limitation, tax liabilities, except where the same may be contested in good faith by appropriate proceedings, and will maintain, and will cause each Subsidiary to maintain, in accordance with GAAP, appropriate reserves for the accrual of any of the same.
Section 5.03 Maintenance of Property; Insurance.
(a) Each Borrower will keep, and will cause each of its Subsidiaries to keep, all property necessary in its business in good working order and condition, ordinary wear and tear excepted.
(b) Each Borrower will maintain, and will cause each of its Subsidiaries to maintain, insurance in such amounts and against such risks as is customary for companies in the same or similar businesses, in each case with financially sound and reputable insurers. The applicable Agent shall be named as lender loss payee on all property loss policies for Inventory and the applicable Agent shall be named as additional insured on all liability policies.
Section 5.04 Conduct of Business and Maintenance of Existence. Each Borrower will continue, and will cause each of its Subsidiaries to continue, to engage in business of the same general type as now conducted by such Borrower and its Subsidiaries, and will preserve, renew and keep in full force and effect, and will cause each of its Subsidiaries to preserve, renew and keep in full force and effect, its respective corporate existence in its respective jurisdiction of organization as of the Effective Date and its respective rights, privileges and franchises necessary or desirable in the normal conduct of business; provided that nothing in this Section 5.04 shall prohibit (i) any merger of any Subsidiary of any Borrower permitted by Section 5.11(a) or (ii) the termination of the corporate existence of any Subsidiary if such Borrower in good faith determines that such termination is in the best interest of such Borrower and is not materially disadvantageous to the Lenders.
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Section 5.05 Compliance with Laws. Each Borrower will comply, and cause each of its Subsidiaries to comply, in all material respects with all applicable laws, ordinances, rules, regulations, and requirements of any Governmental Authority (including, without limitation, Environmental Laws and ERISA and the rules and regulations thereunder) except where the necessity of compliance therewith is contested in good faith by appropriate proceedings or where noncompliance would not have a Material Adverse Effect. Each Borrower will maintain in effect and enforce policies and procedures designed to ensure compliance by such Borrower, its Subsidiaries and their respective directors, officers, employees and agents with applicable Anti-Corruption Laws and applicable Sanctions. No covenant under this Section 5.05 shall be made by any German Loan Party to the extent it would violate section 7 of the German Foreign Trade Ordinance (Außenwirtschaftsverordnung), any provision of Council Regulation (EC) 2271/1996 or any similar applicable anti-boycott law or regulation binding on such German Loan Party.
Section 5.06 Inspection of Property, Books and Records. Each Borrower will keep, and will cause each of its Subsidiaries to keep, proper books of record and account in which full, true and correct entries shall be made of all dealings and transactions in relation to its business and activities. Each Borrower will permit, and will cause each of its Subsidiaries to permit, representatives of the Administrative Agent, at such Borrowers expense to visit and inspect any of their respective properties, to examine and make abstracts from any of their respective books and records, to discuss their respective affairs, finances and accounts with their respective officers and independent public accountants and to otherwise conduct inventory inspections, appraisals, collateral audits or other field examinations as follows: (a) if the ratio of Cash Flow to Debt Service is greater than or equal to 1.10 to 1.00, computed in each case for the U.S. Borrower and its Consolidated Subsidiaries on a consolidated basis in accordance with GAAP as of the end of such fiscal quarter for the preceding twelve months, during such calendar year, the Administrative Agent may not conduct more than one (1) field examination in any calendar year; (b) if the ratio of Cash Flow to Debt Service is greater than or equal to 1.10 to 1.00, computed in each case for the U.S. Borrower and its Consolidated Subsidiaries on a consolidated basis in accordance with GAAP as of the end of such fiscal quarter for the preceding twelve months, during such calendar year and no Event of Default shall have occurred hereunder, the Administrative Agent may not conduct, and the applicable Borrowers shall not be obligated to pay for, more than one (1) appraisal of the Inventory each calendar year; and (c) the exercise by the Administrative Agent of its rights under this sentence shall require reasonable prior notice to the Borrower Representative and shall be conducted during normal business hours in a reasonable manner so as not to disrupt the normal conduct of the Borrowers business. Notwithstanding anything contained to the contrary herein or in any of the Loan Documents, upon the occurrence of an Event of Default, the Administrative Agent may visit and inspect the Borrowers, any of their Subsidiaries and any of their respective properties in order to examine and make abstracts from any of their respective books and records, to discuss their respective affairs, finances and accounts with their respective officers and independent public accountants and to otherwise conduct inventory inspections, appraisals, collateral audits or other field examinations as often as may reasonably be desired. If the ratio of Cash Flow to Debt Service is less than 1.10 to 1.00, computed in each case for the U.S. Borrower and its Consolidated Subsidiaries on a consolidated basis in accordance with GAAP as of the end of such fiscal quarter for the preceding twelve months, during such calendar year, then the Administrative Agent, at its discretion, may conduct one (1) additional field examination and one (1) additional
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appraisal of the Inventory during such calendar year at the Borrowers expense. If an Event of Default shall have occurred hereunder, the Administrative Agent may conduct such number of appraisals of the Inventory or field examinations as it deems necessary in its reasonable sole discretion and the Borrowers shall be obligated to pay for all such appraisals and field examinations. In addition, Administrative Agent has the right at any time and from time to time, at the Borrowers expense, to conduct routine and periodic verifications as to the existence and condition of Accounts, in each case without prior notice to or consent of any Borrower and whether or not a Default exists. In conducting the verifications hereunder, the Administrative Agent will advise the parties contacted that the verification is routine. The Administrative Agent will not conduct verifications of Accounts under this Section 5.06 more frequently than is reasonably necessary.
Section 5.07 Additional Guarantors; Further Assurances. If at any time after the Effective Date any Subsidiary (other than any Foreign Subsidiary that does not Guarantee any Obligations of the U.S. Borrower) is or becomes a Material Domestic Subsidiary, the U.S. Borrower, within thirty (30) days of such Subsidiary becoming a Material Domestic Subsidiary (or such later date as may be agreed upon by the Administrative Agent), will cause such Subsidiary to become a U.S. Subsidiary Guarantor hereunder and a party to the applicable U.S. Security Agreement by executing a Joinder Agreement or other applicable documents, such Joinder Agreement or other documents to be accompanied by appropriate corporate resolutions, other corporate organizational and authorization documentation and legal opinions in form and substance reasonably satisfactory to the Administrative Agent, whereupon it shall guarantee repayment of all Secured Obligations. Upon execution and delivery thereof, each such Person (i) shall automatically become a Loan Guarantor hereunder and thereupon shall have all of the rights, benefits, duties and obligations in such capacity under the Loan Documents and (ii) will grant Liens to the applicable Agent, for the benefit of the Secured Parties, in order to secure repayment of all of the Secured Obligations in any property of such Person which constitutes Collateral.
(b) Without limiting the foregoing, each Loan Party will, and will cause each Guarantor to, execute and deliver, or cause to be executed and delivered, to the applicable Agent such documents, agreements and instruments, and take or cause to be taken such further actions (including the filing and recording of financing statements, fixture filings, mortgages, deeds of trust and other documents and such other actions or deliveries of the type required by Section 4.01, as applicable), which may be required by any Requirement of Law or which the Administrative Agent may, from time to time, reasonably request to carry out the terms and conditions of this Agreement and the other Loan Documents and to ensure perfection and priority of the Liens created or intended to be created by the Collateral Documents, all in form and substance reasonably satisfactory to the Administrative Agent and all at the expense of the Loan Parties.
(c) Notwithstanding the foregoing, the parties hereto acknowledge and agree that (i) in circumstances where the Administrative Agent reasonably determines that the cost or effort of obtaining or perfecting a security interest in any asset that constitutes Collateral is excessive in relation to the benefit afforded to the Secured Parties thereby, the Administrative Agent may exclude such Collateral from the creation and perfection requirements set forth in this Agreement and the other Loan Documents, (ii) the Administrative Agent may grant extensions of
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time for the creation or perfection of Liens in particular property (including extensions of time beyond the Effective Date) where it determines that such creation or perfection cannot be accomplished without undue effort or expense by the time or times at which it would otherwise be required by this Agreement or any other Loan Document, and (iii) no Loan Party shall be required to take any actions outside of the jurisdiction of formation of any of the other Loan Parties to create or perfect local law security in any Collateral (but may be required to take such actions in order to include certain types of Collateral in the applicable Borrowing Base).
Section 5.08 Canadian Pension Plans. Each Canadian Loan Party or any Subsidiary of a Canadian Loan Party shall cause each of its Canadian Pension Plans to be duly qualified and administered in all material respects in compliance with, as applicable, the Pension Benefits Act (Ontario) and all other applicable laws (including regulations, orders and directives), the terms of the Canadian Pension Plans and any agreements relating thereto. The Canadian Loan Parties or any Subsidiary of a Canadian Loan Party shall not, without the consent of the Administrative Agent, (a) permit or consent to the wind up and/or termination of any Canadian Defined Benefit Plan (other than a wind up or termination ordered by the applicable regulator when there are no remaining active members in such plan) or any other Canadian Pension Termination Event; (b) become a participating employer and contribute to any Canadian Multi-Employer Pension Plan; (c) establish, sponsor, administer, contribute to, participate in, or assume any liability (including any contingent liability) under any Canadian Defined Benefit Plan; or (d) acquire an interest in any Person if such Person sponsors, maintains, administers or contributes to, or has any liability in respect of any Canadian Defined Benefit Plan; provided that, the Administrative Agents consent shall not be required for any of clauses (b), (c) or (d) above if occurring in connection with a Permitted Acquisition.
Section 5.09 Investments. Neither the U.S. Borrower nor any of its Subsidiaries will make or acquire any Investment in any Person other than:
(a) Existing Investments as more specifically identified on Schedule 5.09;
(b) In addition to those Investments disclosed on Schedule 5.09, Investments by any Borrower or any Guarantor: (i) in any other Borrower or any other Guarantor; (ii) in all Domestic Subsidiaries that are not Guarantors provided that the aggregate amount of such Investments made after the Effective Date shall not exceed $5,000,000; and (iii) in Foreign Subsidiaries that are not Guarantors to the extent permitted by paragraph (j) of this Section 5.09;
(c) Advances to employees for business expenses or for personal needs not to exceed $500,000 in the case of any one (1) employee outstanding at any one time and not to exceed $2,500,000 in the aggregate to all such employees of Borrower outstanding at any one time;
(d) Investments in short-term obligations of the United States;
(e) demand deposits, certificates of deposit, bankers acceptances and time deposits of United States banks having total assets in excess of $250,000,000;
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(f) securities commonly known as commercial paper issued by a corporation organized and existing under the laws of the United States or any state thereof which at the time of purchase have been rated and the ratings for which are not less than P-1 if rated by Moodys Investors Services, Inc., and not less than A-1 if rated by Standard & Poors;
(g) fully collateralized repurchase agreements with a term of not more than 30 days for securities described in clause (d) above and entered into with a financial institution satisfying the criteria described in clause (e) above;
(h) Permitted Acquisitions, the Call Spread and the consummation of the transactions contemplated by the Call Spread;
(i) Investments in money market funds, liquid assets funds and other similar funds purchasing, investing in or otherwise acquiring or holding only Investments otherwise permitted by paragraphs (d) through (g) of this Section 5.09;
(j) Investments, in addition to those disclosed on Schedule 5.09, by the U.S. Loan Party or any of its Domestic Subsidiaries in any of the Foreign Subsidiaries who are not Foreign Guarantors, for working capital or general corporate purposes, which when aggregated with amounts committed under clause (f) of the definition of Permitted Indebtedness and outstanding Indebtedness under clause (k) thereof shall not exceed $65,000,000 in the aggregate; provided, that after giving effect to any such Investments, U.S. Availability shall be at least $15,000,000 and provided, further, any committed or outstanding amounts of Indebtedness under clause (f) of the definition of Permitted Indebtedness shall permanently reduce dollar-for-dollar the amount of Investments permitted under this Section 5.09(j);
(k) any other Investments made by the U.S. Borrower or any of its Subsidiaries provided that the aggregate amount expended by the U.S. Borrower or such Subsidiary for such Investments after the Effective Date does not exceed $5,000,000; and
(l) Investments (in addition to the types described in the foregoing clauses (b), (c), (h) and (j)) so long as after giving effect to the making of such Investment:
(i) no Event of Default exists and is continuing;
(ii) if the applicable Investment is made during the period from and including February 1 to and including August 31, then the sum of the following, as reasonably estimated by the Borrower Representative in good faith, must equal or exceed $25,000,000: (1) the sum of the balances of the Specified Cash and Cash Equivalents and the Aggregate Borrowing Base Capacity as of the anticipated payment date; minus (2) the amount of the applicable Investment in question; and
(iii) if the applicable Investment is made during the period from and including September 1 to and including January 31, then the sum of the following, as reasonably estimated by the Borrower Representative in good faith, must equal or exceed $35,000,000: (1) the sum of the balances of the Specified Cash and Cash Equivalents and the Aggregate Borrowing Base Capacity as of the anticipated payment date; minus (2) the amount of the applicable Investment in question.
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Section 5.10 Negative Pledge. None of the Borrowers nor any of their Subsidiaries will create, assume or suffer to exist any Lien on any asset now owned or hereafter acquired by it, except the following:
(a) Liens securing Permitted Indebtedness to the extent expressly permitted;
(b) Liens existing on the date of this Agreement identified on Schedule 5.10 securing only the obligations identified on such Schedule;
(c) any Lien arising out of the refinancing, extension, renewal or refunding of any Indebtedness secured by any Lien permitted by any of the foregoing clauses of this Section; provided that such refinancing, extension, renewal or refunding constitutes a Permitted Refinancing;
(d) Liens for Taxes not delinquent or being contested in good faith and by appropriate proceedings;
(e) Netherlands Permitted Liens;
(f) deposits or pledges to secure obligations under workers compensation, social security or similar laws, or under unemployment insurance or to secure the performance of bids, tenders, contracts (other than for the repayment of borrowed money) or leases (including any rent deposit charges), or to secure statutory obligations or surety or appeal bonds, or to secure indemnity, performance or other similar bonds in the ordinary course of business;
(g) pledges or deposits made in the ordinary course of business in connection with workers compensation, unemployment insurance or other similar social security legislation (including Liens on amounts deposited to secure any Loan Partys obligations in connection with pension liabilities (Altersteilzeitverpflichtungen) pursuant to section 8a of the German Partial Retirement act (Altersteilzeitgesetz) or in connection with time credits (Wertguthaben) pursuant to section 7e of the German Social Code IV (Sozialgesetzbuch IV);
(h) mechanics, workers, materialmens, warehousemens, lessors or other like Liens arising in the ordinary course of business with respect to obligations which are not due or which are being contested in good faith;
(i) Liens, other than those described in the forgoing clauses of this Section, arising in the ordinary course of its business which (i) do not secure Indebtedness or any monetary obligation and (ii) do not in the aggregate materially detract from the value of its assets or materially impair the use thereof in the operation of its business; provided, however, in any case such Lien shall not secure obligations in excess of $5,000,000 in the aggregate outstanding at any time; or
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(j) Liens encumbering the Collateral owned by the U.S. Borrower in favor of the Second Lien Term Lender to secure the Indebtedness permitted under Section 5.15(f), subject to the terms of the Intercreditor Agreement.
Section 5.11 Consolidations, Mergers and Sales of Assets.
(a) None of the Borrowers nor any of their Subsidiaries will consolidate or merge, amalgamate or consolidate with or into any other Person, except that if, after giving effect thereto, no Default shall have occurred and be continuing, (i) any Subsidiary of any Borrower may be merged into any Borrower if such Borrower is the surviving corporation, (ii) any Subsidiary of any Borrower may merge, amalgamate or consolidate with or into any other corporation (other than any Borrower) if such Subsidiary is the surviving corporation; provided, that if a Guarantor is a party to any such merger, such Guarantor shall be the surviving corporation and (iii) Permitted Acquisitions and asset dispositions permitted pursuant to subsection (b) of this Section may be consummated in the form of a merger, amalgamation or consolidation, as long as, in the event of a Permitted Acquisition, any Borrower or a Subsidiary is the surviving Person, provided that any such merger involving a Person that is not a wholly owned Subsidiary immediately prior to such merger shall not be permitted unless also permitted by Section 5.09 and provided further that any such merger involving a Person that is a Guarantor shall not be permitted unless such Guarantor is the surviving Person.
(b) None of the Borrowers nor any of their Subsidiaries will sell, lease or otherwise transfer any asset, except:
(i) in the ordinary course of its business (which ordinary course shall include the sale or other disposition of obsolete or excess inventory or intellectual property, fixtures or equipment to the extent ordinary and consistent with past practice);
(ii) sale of assets, not in the ordinary course of business and not otherwise permitted hereunder, which from and after the Effective Date do not in the aggregate exceed $25,000,000;
(iii) transfers made as Investments permitted by Section 5.09, Restricted Payments permitted by Section 5.14 and the repurchase of the common stock of the U.S. Borrower with the proceeds of the Convertible Bonds;
(iv) transfer of intellectual property by any Loan Party to a Subsidiary (including any Foreign Subsidiary) provided that (A) such Loan Party furnishes the Administrative Agent written notice of such transfer at least 10 days prior thereto and copies of the agreements evidencing such transfer; and (B) such Loan Party shall have taken such action as the Administrative Agent may request to ensure that the applicable Agent will be able to utilize the intellectual property in question pursuant to the license granted under the applicable Collateral Document to liquidate the Inventory; or
(v) to the extent not otherwise permitted in clauses (i) through (iv) of this clause (b), (1) transfers of assets by any Loan Party or any Subsidiary that is not a Loan Party to a Loan Party or by one Subsidiary that is not a Loan Party to another Subsidiary that is
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not a Loan Party and (2) transfers of assets acquired after the Effective Date by any Loan Party to any Subsidiary that is not a Loan Party if: (A) no Default exists or would result; (B) the assets transferred do not include Accounts or Inventory owned by (x) the U.S. Borrower and located in the United States, Puerto Rico, or Canada, (y) the Canadian Borrower and located in Canada or (z) any European Borrower and located in any Eligible Jurisdiction; (C) the assets transferred do not include any intellectual property necessary for the manufacture or sale of the Inventory unless the applicable Loan Parties shall have taken such action as the Administrative Agent may request to ensure that the applicable Agent will be able to utilize the intellectual property in question pursuant to the license granted under the applicable Collateral Document or otherwise to liquidate the Inventory; (D) with respect to any such transfer involving any Borrower and any Subsidiary described in clause (1) hereto, the party receiving the assets transferred shall be a Borrower or a Guarantor or, simultaneously with such transfer, will become a Guarantor and party to the applicable Collateral Document; and (E) with respect to any such transfer involving any Loan Party to any Subsidiary that is not a Loan Party described in clause (2) hereto, the party transferring the assets shall receive fair market value for the assets being transferred and the transaction shall be upon fair and reasonable terms no less favorable to such party than such party would obtain in a comparable arms-length transaction with a Person that is not an Affiliate.
Section 5.12 Use of Proceeds and Letters of Credit. Except as otherwise permitted herein, the proceeds of the Loans (including Letters of Credit) will be used for on-going working capital requirements and other general corporate purposes of the Borrowers and their Subsidiaries and for Permitted Acquisitions. Letters of Credit will be issued only as (a) documentary Letters of Credit used only to support obligations of any Loan Party related to the purchase of Inventory in the ordinary course of business or (b) standby Letters of Credit used to support other obligations of the Borrowers or any of their Subsidiaries. None of such proceeds of the Loans or drawings under any Letter of Credit will be used, directly or indirectly, for the purpose, whether immediate, incidental or ultimate, of buying or carrying, or to extend credit to others to purchase or carry, any margin stock (within the meaning of Regulation U of the Board). The Borrowers will not request any Borrowing or Letter of Credit, as applicable, and the Borrowers shall not use, and shall ensure that their Subsidiaries and its or their respective directors, officers, employees and agents shall not use, the proceeds of any Borrowing or Letter of Credit (A) in furtherance of an offer, payment, promise to pay, or authorization of the payment or giving of money, or anything else of value, to any Person in violation of any applicable Anti-Corruption Laws, (B) for the purpose of funding, financing or facilitating any activities, business or transaction of or with any Sanctioned Person, or in any Sanctioned Country, except as permitted or exempt under applicable Sanctions, or (C) in any manner that would result in the violation of any Sanctions applicable to any party hereto. No covenant under this Section 5.12 shall be made by any German Loan Party to the extent it would violate section 7 of the German Foreign Trade Ordinance (Außenwirtschaftsverordnung), any provision of Council Regulation (EC) 2271/1996 or any similar applicable anti-boycott law or regulation binding on such German Loan Party.
Section 5.13 Transactions with Affiliates. The Borrowers will not, nor will they permit any of their Subsidiaries to, directly or indirectly, enter into any transaction, including any purchase, sale, lease or exchange of property or rendering of services, with or for the benefit of
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any Affiliate, other than (a) any such transaction expressly permitted by this Agreement (including any Investment in an Affiliate expressly permitted under Section 5.09), (b) any such transactions where each of the parties thereto is either a Borrower or a Guarantor or (c) any transaction entered into by any Borrower or any Subsidiary which is (i) not otherwise prohibited under this Agreement, (ii) in the ordinary course of business of such entitys business and (iii) upon fair and reasonable terms no less favorable to such entity than it would obtain in a comparable arms-length transaction with a Person not an Affiliate.
Section 5.14 Restricted Payments. The Borrowers will not, nor will they permit any of their Subsidiaries, to make any Restricted Payments except:
(a) a dividend paid by a wholly-owned Subsidiary to any Borrower; and
(b) any Restricted Payment as long as after giving effect to such Restricted Payment:
(i) no Event of Default exists and is continuing;
(ii) if the applicable Restricted Payment is paid or made during the period from and including February 1 to and including August 31, then either (A) (i) the sum of the balances of the Specified Cash and Cash Equivalents and the Aggregate Borrowing Base Capacity as of the anticipated payment date, as reasonably estimated by the Borrower Representative in good faith, minus (ii) the amount of the applicable Restricted Payment in question must equal or exceed $40,000,000, or (B) (i) the sum of (1) the balances of the Specified Cash and Cash Equivalents and the Aggregate Borrowing Base Capacity as of the anticipated payment date, as reasonably estimated by the Borrower Representative in good faith, minus (2) the amount of the applicable Restricted Payment in question must equal or exceed $30,000,000, and (ii) the Debt Service Pricing Ratio, calculated on a pro forma basis after giving effect to such Restricted Payment as of the last day of the most recently completed fiscal quarter, equals or exceeds 1.1 to 1.0; and
(iii) if the applicable Restricted Payment is paid during the period from and including September 1 to and including January 31, then either (A) (i) the sum of the balances of the Specified Cash and Cash Equivalents and the Aggregate Borrowing Base Capacity as of the anticipated payment date, as reasonably estimated by the Borrower Representative in good faith, minus (ii) the amount of the applicable Restricted Payment in question must equal or exceed $45,000,000, or (B) (i) the sum of (1) the balances of the Specified Cash and Cash Equivalents and the Aggregate Borrowing Base Capacity as of the anticipated payment date, as reasonably estimated by the Borrower Representative in good faith, minus (2) the amount of the applicable Restricted Payment in question, must equal or exceed $35,000,000, and (ii) the Debt Service Pricing Ratio, calculated on a pro forma basis after giving effect to such Restricted Payment as of the last day of the most recently completed fiscal quarter, equals or exceeds 1.1 to 1.0.
The Borrower Representative shall provide (x) evidence of compliance with the requirements of the foregoing subclauses (ii) and (iii) promptly upon the Administrative Agents request for such information and (y) in connection with any Restricted Payment under the permissions set forth in the foregoing clause (b), evidence satisfactory to the Administrative Agent that the ratio of Cash Flow to Debt Service is equal to or greater than 1.10 to 1.00 after giving pro forma effect to such Restricted Payment.
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Section 5.15 Borrower or Guarantor Indebtedness. Each Borrower will not, nor will it permit any Subsidiary to, create, assume or otherwise be or become liable with respect to any Indebtedness except:
(a) Indebtedness of the Borrowers in respect of the Loans and the Letters of Credit;
(b) Indebtedness of the Guarantors in respect of the Guaranteed Obligations;
(c) Indebtedness owed by any Guarantor to any Borrower or any Subsidiary or Indebtedness owed by any Borrower to any Subsidiary;
(d) Indebtedness incurred in connection with Swap Agreements entered into in compliance with Section 5.18;
(e) Permitted Indebtedness; or
(f) Indebtedness of the U.S. Borrower arising under the Second Lien Credit Agreement in an aggregate principal amount not to exceed $37,500,000 at any time and any Permitted Refinancings thereof; provided, however, in no event shall the aggregate amount outstanding under the Second Lien Credit Agreement, plus the aggregate amount of all outstanding Secured Obligations exceed ninety percent (90%) of the maximum Indebtedness of the U.S. Borrower and the Restricted Subsidiaries (as such term is defined in the Indenture) allowed pursuant to the Indenture with respect to Credit Facilities (as such term is defined in the Indenture), to the extent such Indenture is still in effect.
Each Borrower will not, nor will it permit any Subsidiary, to incur any obligations under a synthetic lease of real property (i.e., a lease accounted for under GAAP as an operating lease but intended by the parties for all other purposes as a financing) or any other off balance sheet financing arrangement relating to the financing of real property which is not reflected as a liability on the balance sheets referred to in Section 3.04 or delivered pursuant to Section 5.01 except for such obligations which in the aggregate do not exceed $2,500,000 at any time outstanding.
Section 5.16 Sale and Lease Back Transaction. Each Borrower will not, nor will it permit any Subsidiary to, enter into any Sale and Lease Back Transaction.
Section 5.17 Foreign Jurisdictions. Upon the request of the Administrative Agent, the Borrower Representative will provide the Administrative Agent a list of the United States jurisdictions in which the U.S. Borrower and its Domestic Subsidiaries are qualified to do business.
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Section 5.18 Swap Agreements. Each Borrower will not, and will not permit any of its Subsidiaries to, enter into any Swap Agreement, except (a) Swap Agreements entered into to hedge or mitigate risks (including, without limitation, currency and commodity risk), to which any Borrower or any Subsidiary has actual exposure (other than those in respect of the Equity Interests of the Borrowers or any of their Subsidiaries), (b) Swap Agreements entered into in order to effectively cap, collar or exchange interest rates (from fixed to floating rates, from one floating rate to another floating rate or otherwise) with respect to any interestbearing liability or investment of any Borrower or any Subsidiary, (c) forward purchase agreements entered into in respect of the materials needed by the Borrowers and their Subsidiaries in the ordinary course of business, and (d) the Call Spread.
Section 5.19 Minimum Quarterly Consolidated Debt Service Pricing Ratio. If (a) Average Aggregate Borrowing Base Capacity (as defined below) is equal to or less than ten percent (10.0%) of Total Availability as of any date or (b) Total Availability plus the sum of the Specified Cash and Cash Equivalents (exclusive of any domestic cash or domestic cash equivalents included in clause (g) of the definition of the U.S. Borrowing Base (Cash Collateral)) is less than $20,000,000 at any time, the Borrowers will not permit the ratio of Cash Flow to Debt Service to be less than 1.10 to 1.00, computed in each case for the U.S. Borrower and its Consolidated Subsidiaries on a consolidated basis in accordance with GAAP as of the end of the most recently ended fiscal quarter for the preceding twelve months. As used in this Section 5.19, the following terms shall have the following meanings:
Cash Flow means, for any period, the sum of (i) Consolidated EBITDA minus (ii) Capital Expenditures which were not financed with Indebtedness permitted under clauses (e), (f) or (k) of the definition of Permitted Indebtedness; minus (iii) all income and franchise Taxes paid in cash.
Debt Service means, for any period, the sum of (i) Consolidated Net Interest Expense plus (ii) regularly scheduled principal payments made in respect of Indebtedness during such period plus (iii) all cash Restricted Payments paid during such period other than up to $10,000,000 expended to repurchase the U.S. Borrowers common stock during such period.
Average Aggregate Borrowing Base Capacity means, as of any date of determination, an amount equal to the average daily balances of the sum of all of the Specified Cash and Cash Equivalents and the Aggregate Borrowing Base Capacity for any rolling three day period ending on the date of calculation.
U.S. Borrowing Base Capacity means, on any date, an amount equal to the U.S. Borrowing Base in effect on such date (exclusive of any amounts set forth included in clause (g) of the definition of the U.S. Borrowing Base (Cash Collateral)) minus the U.S. Committed Exposure on such date.
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Canadian Borrowing Base Capacity means, on any date, an amount equal to the Canadian Borrowing Base in effect on such date minus the Canadian Committed Exposure on such date.
European Borrowing Base Capacity means, on any date, an amount equal to the sum of the European Borrowing Bases in effect on such date minus the European Committed Exposure on such date.
Aggregate Borrowing Base Capacity means, on any date, the sum of the U.S. Borrowing Base Capacity, the Canadian Borrowing Base Capacity and the European Borrowing Base Capacity.
Section 5.20 European Cash Management.
(a) As of the Effective Date and thereafter until segregated Collection Accounts are established for the U.K. Loan Parties, each of the U.K. Loan Parties will ensure that all cash, checks or other similar payments relating to or constituting payments made in respect of Accounts owing to such U.K. Loan Party are deposited (whether directly or indirectly) into a U.K. Payment Account, in a manner that is reasonably satisfactory to the Administrative Agent.
(b) As of the Effective Date and thereafter, each of the European Loan Parties (other than the U.K. Loan Parties) will ensure that all cash, checks or other similar payments relating to or constituting payments made in respect of Accounts owing to such European Loan Party are deposited (whether directly or indirectly) into a Collections Account in a manner that is reasonably satisfactory to the Administrative Agent; provided that within ninety (90) days after a Dominion Trigger Period has occurred, such European Loan Party, as applicable, shall be required to deposit such payments in a segregated Collections Account only containing payments owing to such European Loan Party, in a manner that is reasonably satisfactory to the Administrative Agent.
(c) The Administrative Agent shall be given sufficient access to the Collection Accounts to ensure that the provisions of Section 2.10(b) and Section 2.18 are capable of being complied with.
(d) As of the Effective Date, each U.K. Loan Party shall ensure that each U.K. Payment Account is subject to a Deposit Account Control Agreement or any other arrangement (including, but not limited to, a notice and acknowledgment arrangement). Within ninety (90) days after a Dominion Trigger Period has occurred, each European Loan Party (other than a U.K. Loan Party) shall ensure that each Collection Account is subject to a Deposit Account Control Agreement or any other arrangement (including, but not limited to, a notice and acknowledgment arrangement) that has the effect of blocking such account. Within ninety (90) days after September 30, 2016, each U.K. Loan Party shall ensure that all cash, checks or other similar payments relating to or constituting payments made in respect of Accounts owing to such U.K. Loan Party are deposited (whether directly or indirectly) into a segregated blocked Collection Account and shall grant to the Administrative Agent a first fixed charge over all such Collection Accounts (which shall include, for the avoidance of doubt, the release and re-taking of security over any U.K. Payment Accounts that become Collection Accounts).
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(e) After an Event of Default has occurred and is continuing or if Total Availability is (i) less than $15,000,000 at any time that the ratio of Cash Flow to Debt Service is 1.10 to 1.00 or greater and (ii) at all other times less than $20,000,000, each European Loan Party shall either (x) promptly cause all of their Collection Accounts, and all of their U.K. Payment Accounts into which cash, checks or other similar payments relating to or constituting payments made in respect of Accounts owing to any U.K. Loan Party are deposited (whether directly or indirectly) (each such Collection Account or U.K. Payment Account, an Existing Collection Account) to be transferred to the name of the Administrative Agent or (y) to the extent such Existing Collection Accounts cannot be transferred to the Administrative Agent, promptly open new Collection Accounts with (and, at the discretion of the Administrative Agent, in the name of) the Administrative Agent or an Affiliate thereof (such new bank accounts being Collection Accounts under and for the purposes of this Agreement), and (iii) if new Collection Accounts have been established pursuant to this Section (each a New Collection Account), ensure that all cash, checks or other similar payments relating to or constituting payments made in respect of Accounts owing to them will promptly be re-directed to the New Collection Accounts. Until all collections have been redirected to the New Collection Accounts, each European Loan Party shall cause all amounts on deposit in any Existing Collection Account to be transferred to a New Collection Account at the end of each Business Day, provided that if any such European Loan Party does not instruct such re-direction or transfer, each of them hereby authorizes the Administrative Agent to give such instructions on their behalf to the applicable Account Debtors and/or the account bank holding such Existing Collection Account (as applicable).
(f) After an Event of Default has occurred and is continuing or if Total Availability is (i) less than $15,000,000 at any time that the ratio of Cash Flow to Debt Service is 1.10 to 1.00 or greater and (ii) at all other times less than $20,000,000, at the request of the Administrative Agent in its sole discretion, each European Loan Party agrees that if any of its Account Debtors have not previously received notice of the security interest of the Administrative Agent over its Accounts, it shall promptly give notice to such Account Debtors and if such European Loan Party does not serve such notice, each of them hereby authorizes the Administrative Agent to serve such notice on its behalf.
Section 5.21 Restriction on Payment of Indebtedness. Each Borrower will not, nor will it permit any Subsidiary to, make or agree to pay or make, directly or indirectly, any payment or other distribution (whether in cash securities or other property) of or in respect of principal of or interest on the Senior Notes, the Convertible Bonds, the Second Lien Loan and any refinancing of any of the foregoing Indebtedness (collectively, the Significant Debt), or any payment or other distribution (whether in cash, securities or other property), including any sinking fund or similar deposit, on account of the purchase, redemption, retirement, acquisition, cancellation or termination of any of the Significant Debt, except:
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(a) payment of regularly scheduled interest and principal payments as and when due, other than payments in respect of any Subordinated Indebtedness prohibited by the subordination provisions thereof;
(b) refinancing of the Significant Debt to the extent permitted by Section 5.15;
(c) prepayments on the Second Lien Loan which are made after February 1, 2013 and payment in full of the Second Lien Loan on the Second Lien Maturity Date, but only if: (i) no Default exists or would result from the making of such payment, (ii) the sum of the following must equal or exceed $35,000,000 each day during the thirty (30) day period ending on the date of the proposed payment: (A) the sum of the balances of the Specified Cash and Cash Equivalents and the Aggregate Borrowing Base Capacity minus (B) the amount of the prepayment on the Second Lien Loan and (iii) the Borrower Representative shall have delivered to the Administrative Agent a certificate certifying as to its compliance with the forgoing clauses (i) and (ii) and shall show in reasonable detail the calculation required by clause (ii);
(d) any prepayment, purchase, redemption, or other acquisition of any of the Significant Debt (each a Prepayment) from the Net Proceeds of an equity offering or, with respect to the Convertible Bonds, the conversion thereof into the underlying common stock of the U.S. Borrower; and
(e) any other Prepayment which is not a prepayment of the loan made pursuant to the Second Lien Documents and which is otherwise not permitted by clause (d) preceding but only if:
(i) no Default exists or would result;
(ii) if the Prepayment is made:
(A) during the period from and including February 1 to and including August 31, then the sum of the following must equal or exceed $25,000,000 as of the date of calculation (which date must not be more than 30 days prior to the date of the Prepayment): (x) the sum of the balances of the Specified Cash and Cash Equivalents and the Aggregate Borrowing Base Capacity as of the calculation date; minus (y) the amount of the Prepayment; or
(B) during the period from and including September 1 to and including January 31, then the sum of the following must equal or exceed $35,000,000 as of the date of calculation (which date must not be more than 30 days prior to the date of the Prepayment): (x) the sum of the balances of the Specified Cash and Cash Equivalents and the Aggregate Borrowing Base Capacity as of the calculation date; minus (y) the amount of the Prepayment; and
(iii) the Borrower Representative shall have delivered to the Administrative Agent a certificate certifying as to its compliance with the forgoing clauses (i) and (ii) and shall show in reasonable detail the calculation required by clause (ii).
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Section 5.22 Lockbox and Deposit Accounts. Each Borrower shall not, and shall not permit any Guarantor to, open any new lockbox account or otherwise utilize any such lockbox account other than the lockbox accounts identified on Schedule 3.19 unless it shall have given the Administrative Agent thirty (30) days prior written notice thereof and shall have taken all action deemed necessary or desirable by the Administrative Agent to cause the U.S. Collateral Agents or the Administrative Agents, as applicable, security interest in the proceeds of Collateral to be perfected and protected, including without limitation delivering a Lockbox Agreement for such lockbox account. Each Borrower will not, nor will it permit any Guarantor to, give any party (other than the depository institution holding the Lockbox Account, the U.S. Collateral Agent, the Administrative Agent or the Second Lien Term Lender) control over any Lockbox Account. At any time and from time to time within fifteen days of the Administrative Agents request, the Borrower Representative shall provide the Administrative Agent with a list identifying all deposit accounts owned by the Borrowers and each Guarantor and the institutions holding such accounts.
Section 5.23 Indenture Increase. Notwithstanding anything to the contrary contained in Section 2.11, concurrently with any increase of the principal amount of the Indenture in excess of $350,000,000, the U.S. Borrower shall (a) first, subject to terms and provisions of Section 5.21, make a one-time prepayment of the Second Lien Loan in an amount equal to the lesser of (i) the Net Proceeds resulting from such increase (the Indenture Increase Net Proceeds) or (ii) the unpaid balance of the Second Lien Loan, and (b) then, to the extent the Indenture Increase Net Proceeds exceed the amount of the Second Lien Loan or such prepayment of the Second Lien Loan is prohibited by Section 5.21, the U.S. Borrower shall make a one-time prepayment of the U.S. Loans in an amount equal to the lesser of (i) the excess of such Indenture Increase Net Proceeds or (ii) the unpaid balance of the U.S. Loans.
Section 5.24 Compliance with Swiss Non-Bank Rules. Subject to paragraph (a) and (b) below, each Swiss Loan Party will be in compliance with the Swiss Non-Bank Rules.
(a) For the purposes of this Section 5.24 and in accordance with Section 8.04, each Swiss Loan Party shall assume that the aggregate number of Lenders or Participants of a Commitment which are Swiss Non-Qualifying Banks is ten (10).
(b) A Swiss Loan Party shall not be in breach of its covenant under paragraph (a) above if the Swiss Non-Bank Rules are breached as a result of one or more Lenders or Participants of a Commitment:
(i) incorrectly declaring its status as to whether it is a Swiss Qualifying Bank or Swiss Non-Qualifying Bank;
(ii) breaching the restrictions pursuant to Section 8.04(b)(ii)(G);
(iii) ceasing to be a Swiss Qualifying Bank as a result of any reason attributable to that Lender or Participant of a Commitment, other than as a result of any change after the date on which they became a Lender or Participant of a Commitment under this Agreement in (or in the interpretation, administration or application of) any law or treaty, or any published practice or published concession of any relevant taxing authority; or
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(iv) transferring or assigning any Loan to, or entering into a participation, derivative, exposure transfer or other transaction with, persons not qualifying as Swiss Qualifying Banks after the occurrence of an Event of Default.
Section 5.25 European Distribution Agreements. No Loan Party shall agree to amend in any material respect, or terminate, or take any action to amend in any material respect or terminate any European Distribution Agreement without the prior written consent of the Administrative Agent. For the avoidance of doubt, any amendment to provisions relating to (without limitation) the identity of customers, the territories and/or the target returns of a European Distribution Agreement shall be deemed not to be a material amendment.
Section 5.26 Foreign Pension Plans.
(a) The European Loan Parties shall ensure that all Foreign Pension Plans operated by or maintained for the benefit of itself, its Subsidiaries and Affiliates (each, a member of the Group) and/or any of their employees are fully funded based on the statutory funding objective under Sections 221 and 222 of the Pensions Act 2004 (U.K.) and that no action or omission is taken by any member of the Group in relation to such a pension scheme (including, without limitation, the termination or commencement of winding-up proceedings of any such pension scheme or any member of the Group ceasing to employ any member of such a pension scheme) which has or is reasonably likely to have a Material Adverse Effect.
(b) The European Loan Parties shall ensure that no member of the Group shall be at any time an employer (for the purposes of Sections 38 to 51 of the Pensions Act 2004 (U.K.)) of an occupational pension scheme which is not a money purchase scheme (both terms as defined in the Pension Schemes Act 1993 (U.K.)) or connected with or an associate of (as those terms are used in Sections 38 or 43 of the Pensions Act 2004 (U.K.)) such an employer.
(c) The European Loan Parties shall deliver to the Administrative Agent at such times as those reports are prepared in order to comply with the then current statutory or auditing requirements (as applicable either to the trustees of any relevant schemes or to any European Loan Party), actuarial reports in relation to all pension schemes mentioned in Section 5.26(a).
(d) All Foreign Pension Plans established or maintained by any European Loan Party shall comply with all provisions of the relevant law and employ reasonable actuarial assumptions, where relevant; and no member of the Group shall have any unfunded liability in respect of any Foreign Pension Plan.
Section 5.27 European Collateral. Each of the European Loan Parties shall ensure that (i) its standard terms and conditions of purchase at all times contain a condition to the effect that title to the purchased goods transfers to the European Loan Party at a time no later than on delivery of the purchased goods to the European Loan Party, (ii) its standard terms and conditions of purchase are not amended without the prior consent in writing of the Administrative Agent and (iii) if the reference on any purchase order or equivalent document is to the standard terms and conditions of purchase as set out on a specified website, the relevant website must be maintained, up to date and publicly accessible at all times. During the
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Dominion Trigger Period or at any time at which the Administrative Agent considers that the Collateral of any European Loan Party may be at risk, at the request of the Administrative Agent, the specified European Loan Party must send a copy of its standard terms and conditions of purchase (or other notice satisfactory to the Administrative Agent which rejects retention of title and/or extendible retention of title provisions in relation to the European Loan Party) to its suppliers or otherwise arrange for its purchasing of Inventory to be conducted in a manner which does not lead to retention of title rights over its Inventory.
Section 5.28 Financial Assistance. Each European Loan Party shall comply in all respects with ss678 and 679 Companies Act 2006 and any equivalent legislation in other jurisdictions including, without limitation, in relation to the Foreign Collateral Documents (other than the Canadian Collateral Documents) and payment and use of amounts due under this Agreement.
Section 5.29 Post-Closing Deliveries. No later than the date that is set forth on Schedule 5.29 as the deadline for the delivery of such applicable item (or such later date as the Administrative Agent may determine and agree to in writing in its sole discretion), each Loan Party shall deliver to the Administrative Agent each of the applicable items as set forth on Schedule 5.29, each of which shall be in form and substance reasonably acceptable to the Administrative Agent. Notwithstanding anything to the contrary contained in the Loan Documents, any Loan Partys failure to comply with any requirement of this Section 5.29 on or before the date specified (as such date may be extended by the Administrative Agent in writing in its sole discretion) shall constitute an immediate Event of Default.
ARTICLE VI
Defaults
Section 6.01 Events of Default. If one or more of the following events (Events of Default) shall have occurred and be continuing:
(a) (i) any Borrower shall fail to pay when due any principal on any Loan or any reimbursement obligation in respect of a Letter of Credit Disbursement or (ii) any Borrower shall fail to pay interest on any Loan, any fees or any other amount payable hereunder or under any other Loan Document within five (5) days of the time such amount is due;
(b) any Loan Party shall fail to observe or perform any covenant contained in Section 5.01 or any of Section 5.08 to Section 5.16 (inclusive), Section 5.18 to Section 5.22 (inclusive), Section 5.25 and Section 5.29;
(c) any Loan Party shall fail to observe or perform any covenant or agreement contained in any Loan Document (other than those covered by clause (a) or (b) above) for thirty (30) days after written notice thereof has been given to the Borrower Representative by the Administrative Agent;
(d) any representation, warranty, certification or statement made by any Loan Party in this Agreement or any other Loan Document or in any certificate, financial statement or other document delivered pursuant to this Agreement or any other Loan Document shall prove to have been incorrect in any material respect when made (or deemed made);
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(e) any Loan Party or any of its Subsidiaries shall fail to make any payment in respect of any Material Debt when due or within any applicable grace period;
(f) any event or condition shall occur which results in the acceleration of the maturity of any Material Debt or enables (or, with the giving of notice or lapse of time or both, would enable) the holder of such Material Debt or any Person acting on such holders behalf to accelerate the maturity thereof or, under circumstances in the nature of a default, to require the prepayment or repurchase thereof prior to the maturity thereof;
(g) (i) any Loan Party or any of its Material Subsidiaries shall (A) commence a voluntary case or other proceeding seeking liquidation, reorganization or other relief with respect to itself or its debts under any Federal, state or foreign bankruptcy, insolvency, receivership or other similar law, including any Canadian Insolvency Laws, now or hereafter in effect or seeking the appointment of a trustee, receiver, interim receiver, monitor, administrator, liquidator, custodian or other similar official of it or any substantial part of its property, (B) consent to any such relief or to the appointment of or taking possession by any such official in an involuntary case or other proceeding commenced against it, (C) make a general assignment for the benefit of creditors, or shall fail generally to pay its debts as they become due, or (D) take any corporate action to authorize any of the foregoing, (ii) a U.K. Insolvency Event shall occur in respect of any U.K. Relevant Entity, (iii) a German Insolvency Event shall occur as a result of any German Loan Party, (iv) a Swiss Insolvency Event shall occur as a result of any Swiss Loan Party, or (v) a Netherlands Insolvency Event shall occur as a result of any Loan Party;
(h) an involuntary case or other proceeding shall be commenced against any Loan Party or any of its Subsidiaries seeking liquidation, administration, receivership, reorganization or other relief with respect to it or its debts under any Federal, state or foreign bankruptcy, insolvency, receivership or other similar law, including any Canadian Insolvency Laws, now or hereafter in effect or seeking the appointment of a trustee, receiver, interim receiver, monitor, administrator, liquidator, custodian or other similar official of it or any substantial part of its property, and such involuntary case or other proceeding shall remain undismissed and unstayed for a period of sixty (60) days; or an order for relief shall be entered against such Loan Party or such Subsidiary under the federal bankruptcy laws or other applicable relief laws as now or hereafter in effect;
(i) one or more judgments or orders for the payment of money in an aggregate amount in excess of $10,000,000 shall be rendered against any Loan Party or any of its Material Subsidiaries or a combination thereof and shall continue unsatisfied and unstayed for a period of sixty (60) days, or any action shall be legally taken by a judgment creditor to levy upon assets or properties of any Loan Party or any of its Subsidiaries to enforce any such judgment;
(j) a Change of Control shall occur;
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(k) the Loan Guaranty shall fail to remain in full force or effect or any action shall be taken to discontinue or to assert the invalidity or unenforceability of the Loan Guaranty or any Loan Guarantor shall fail to comply with any of the terms or provisions of the Loan Guaranty to which it is a party, or any Loan Guarantor shall deny that it has any further liability under the Loan Guaranty to which it is a party, or shall give notice to such effect, including, but not limited to notice of termination delivered pursuant to Section 9.08 or Section 10.08, as applicable;
(l) a contribution required to be made with respect to any defined contribution plan has not been timely made, any U.S. Loan Party has incurred or is likely to incur any liability to or on account of any defined contribution plan under Section 409, 502(i) or 502(1) of ERISA or Section 4975 of the Code or on account of a group health plan (as defined in Section 607(1) of ERISA or Section 4980B(g)(2) of the Code) under Section 4980B of the Code, or any U.S. Loan Party has incurred or is likely to incur liabilities pursuant to one or more employee welfare benefit plans (as defined in Section 3(1) of ERISA) that provide benefits to retired employees or other former employees (other than as required by Section 601 of ERISA) or any U.S. Loan Party has incurred or is likely to incur liabilities pursuant to one or more defined contribution plans; and such liability, individually, and/or in the aggregate, has had, or is reasonably likely to have, a Material Adverse Effect;
(m) a Canadian Pension Termination Event shall occur, or there is an appointment by the appropriate Governmental Authority of a replacement administrator to administer any Canadian Defined Benefit Plan, and such Canadian Pension Termination Event or appointment of a replacement administrator could reasonably be expected to result in a Material Adverse Effect; or a Canadian Loan Party or any Subsidiary of a Canadian Loan Party is in default with respect to payments to a Canadian Defined Benefit Plan and such default could reasonably be expected to result in a Material Adverse Effect; or any Lien arises (save for contribution amounts not yet due or other amounts not exceeding $1,000,000) in connection with any Canadian Defined Benefit Plan;
(n) any of the Loan Parties or its Subsidiaries shall have been notified by the Pensions Regulator or the trustees of a Foreign Pension Plan that any of them has, in relation to a Foreign Pension Plan, incurred a debt or other liability under Section 75 or 75A of the Pensions Act 1995 (U.K.), or has been issued with a Contribution Notice or Financial Support Direction, or otherwise is liable to pay any other amount in respect of Foreign Pension Plans, in each case, that could reasonably be expected to result in a Material Adverse Effect;
(o) except as permitted by the terms of any Collateral Document or the Intercreditor Agreement, (i) any Collateral Document shall for any reason fail to create or maintain a valid security interest in any Collateral purported to be covered thereby, or (ii) any Lien securing any Secured Obligation shall cease to be a perfected, first priority Lien;
(p) any material provision of any Loan Document for any reason ceases to be valid, binding and enforceable in accordance with its terms (or any Loan Party shall challenge the enforceability of any Loan Document or shall assert in writing, or engage in any action or inaction that evidences its assertion, that any provision of any of the Loan Documents has ceased to be or otherwise is not valid, binding and enforceable in accordance with its terms); or
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(q) a third party claims a better right in the Equity Interests of the Swiss Borrower or Swiss Holding, respectively, by notifying the Swiss Court (as defined in Schedule 5.29) or intervenes otherwise in the court proceeding before the Swiss Court (Kraftloserklärungsverfahren, as further described in Schedule 5.29);
then, and in every such event (other than an event with respect to any Event of Default described in clause (g) or (h) of this Article), the Administrative Agent shall (i) if requested by the Required Lenders, by notice to the Borrower Representative terminate the Commitments and they shall thereupon terminate, (ii) if requested by the Required Lenders, by notice to the Borrower Representative declare the Loans then outstanding to be due and payable in whole (or in part, but ratably as among the Classes of Loans and the Loans of each Class at the time outstanding, in which case any principal not so declared to be due and payable may thereafter be declared to be due and payable), whereupon the principal of the Loans so declared to be due and payable, together with accrued interest thereon and all fees and other obligations of the Borrowers accrued hereunder, shall become due and payable immediately, in each case without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Borrowers, or (iii) if requested by the Required Lenders, do any combination of the foregoing; provided that in the case of any of the Events of Default specified in clause (g) or (h) above with respect to any Loan Party or its Material Subsidiaries, without any notice to such Loan Party or any other act by the Administrative Agent or the Lenders, (A) the Commitments shall thereupon terminate, (B) the principal of the Loans then outstanding, together with accrued interest thereon and all fees and other obligations of the Borrowers accrued hereunder, shall become immediately due and payable without presentment, demand, protest or other notice of any kind, all of which are hereby waived by the Borrowers and (C) the Borrowers shall be required to provide, immediately, cash collateral as contemplated by Section 2.06(i)(ii) in an amount equal to the Letter of Credit Exposure. Upon the occurrence of any Event of Default, the Administrative Agent may (and shall if directed by the Required Lenders) exercise any and all other rights and remedies afforded by the laws of the State of New York or any other jurisdiction, by any of the Loan Documents, by equity, or otherwise. Upon the occurrence and during the continuance of an Event of Default, the Administrative Agent may, and at the request of the Required Lenders shall exercise any rights and remedies provided to the Administrative Agent under the Loan Documents or at law or equity, including all remedies provided under the UCC.
Section 6.02 Default. The Administrative Agent shall give notice to the Borrower Representative under Section 6.01(c) promptly upon being requested to do so by any Lender and shall thereupon notify all the Lenders thereof.
Section 6.03 Management; Collection of Accounts.
(a) Upon the occurrence of an Event of Default, the Borrowers will, at the Administrative Agents request, at the Borrowers cost and expense, collect and otherwise enforce as Lenders property and in trust for the applicable Agent for the ratable benefit of the Administrative Agent and the Lenders all amounts payable on or otherwise receivable with respect to the Accounts and Inventory (if applicable) of the Borrowers. In such event, as to all moneys so collected and all other proceeds of Accounts and Inventory received by the Borrowers, the Borrowers shall receive in trust and shall deliver to Administrative Agent (or to a Lockbox Account or the Concentration Account) in original form and on the date of receipt
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thereof, all checks, drafts, notes, money orders, acceptances, cash and other evidences of Indebtedness. Upon any termination of any Borrowers authority to collect and enforce the Accounts and amounts payable with respect to Inventory, as applicable, (which the Administrative Agent may do at any time after the occurrence of an Event of Default, or the occurrence of any event which, with the passage of time or giving of a Default notice or both, would constitute an Event of Default), the Administrative Agent may send a notice of assignment and/or notice of the applicable Agents security interest to any and all customers or any third party otherwise concerned with any of the Accounts or such Inventory, and thereafter the Administrative Agent shall have the sole right to collect and receive and/or take possession of the Accounts and such other amounts and the books and records relating thereto.
(b) (i) the Borrowers hereby constitute each of the Agents or their respective designees on behalf of the Lenders as the Borrowers attorneyinfact with power: to receive, endorse, assign and/or deliver in its name or the name of the applicable Borrower any notes, acceptances, checks, drafts, money orders or other evidences of payment or account that may come into its possession and the Borrowers hereby waive notice of presentment, protest and non-payment of any instrument so endorsed; to sign the applicable Borrowers name on any invoice or bill of lading relating to any of the Accounts; and to send verifications of Accounts; to do all other acts and things necessary to carry out this Agreement and, upon the occurrence of an Event of Default, to notify postal service authorities to change the address for delivery of mail addressed to any Borrower to such address as the applicable Agent may designate. All acts of said attorney or designee are hereby ratified and approved, and said attorney or designee shall not be liable for any acts of omission or commission, for any error of judgment or for any mistake of fact or law, provided that the Agents or their respective designees shall not be relieved of liability to the extent it is determined by a final judicial decision that its act, error or mistake constituted gross negligence or willful misconduct. This power of attorney, being coupled with an interest, is irrevocable until all of the obligations of the Borrowers to the Agents and the Lenders under this Agreement and the other Loan Documents are paid in full (other than Unliquidated Obligations) and the Commitments are terminated.
(ii) Each Agent, on behalf of the Lenders, without notice to or consent of the Borrowers but acting only at the direction of the Administrative Agent or the Required Lenders, upon the occurrence of an Event of Default, (A) may make demand on, sue upon or otherwise collect, extend the time of payment of, or compromise or settle for cash, credit or otherwise upon such terms as shall be determined by Administrative Agent in its sole discretion, any of the Accounts or any securities, instruments or insurance applicable thereto and/or release the obligor thereon; and (B) is authorized and empowered to accept the return of the goods represented by any of the Accounts.
(c) Nothing herein contained shall be construed to constitute any Borrower as agent of either Agent for any purpose whatsoever, and neither Agent shall be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral wherever the same may be located and regardless of the cause thereof (except for the Agents obligations, if any, under the Uniform Commercial Code or other applicable law with respect thereto or to the extent it is determined by a final judicial decision that either Agents act or omission constituted gross negligence or willful misconduct). Neither Agent shall, under any circumstances or in any event whatsoever, have any liability for any error or omission or delay of
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any kind occurring in the settlement, collection or payment of any of the Accounts or any instrument received in payment thereof or for any damage resulting therefrom (except to the extent it is determined by a final judicial decision that either Agents error, omission or delay constituted gross negligence or willful misconduct). The Agents, by anything herein or in any assignment or otherwise, do not assume any of the Borrowers obligations under any contract or agreement assigned to either Agent, and no Agent shall be responsible in any way for the performance by any Borrower of any of the terms and conditions thereof.
(d) If any of the Accounts include a charge for any Tax payable to any Governmental Authority, the Administrative Agent is hereby authorized (but in no event obligated) to pay the amount thereof to the proper taxing authority for the applicable Borrowers account and to charge such Borrowers account therefor. The Borrower Representative shall notify the Administrative Agent if any Accounts include any Tax due to any such taxing authority and, in the absence of such notice, the Administrative Agent shall have the right to retain the full proceeds of such Accounts and shall not be liable for any Taxes that may be due from the Borrower by reason of the sale and delivery creating such Accounts.
Section 6.04 Status of Accounts.
(a) With respect to Eligible Accounts Receivable of the Borrowers in existence on the Effective Date and at the time any future Eligible Accounts Receivable are included in any Borrowing Base Certificate, the applicable Borrower represents and warrants that:
(i) such Borrower is the sole owner of the Account and is fully authorized to sell, transfer, pledge and/or grant a security interest in each and every Account, free and clear of all Liens except Liens in favor of any Agent for the ratable benefit of the Administrative Agent, the Lenders and the other Secured Parties or otherwise permitted hereunder;
(ii) each Account is a good and valid account representing a bona fide transaction completed in accordance with the terms and provisions contained in any documents related thereto;
(iii) the amount of the face value shown on any schedule of Accounts provided to the Administrative Agent and/or all invoices and statements delivered to the applicable Agent with respect to any Account, are actually and absolutely owing to such Borrower for delivery of goods or services and are not contingent for any reason;
(iv) to the best of the Borrowers knowledge, there are no setoffs, counterclaims or disputes existing or asserted with respect thereto, the Account is not subject to a contra account, and such Borrower has not made any agreement with any Account Debtor thereunder for any deduction therefrom, except a discount or allowance allowed by such Borrower in the ordinary course of its business for prompt payment consistent with past practices of the Borrowers, all of which discounts or allowances are reflected in the calculation of the face value of each respective invoice related thereto;
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(v) none of the transactions underlying or giving rise to any Account violate in any material respect any applicable state or federal laws or regulations, and all documents relating to any Account are legally sufficient under such laws or regulations and are legally enforceable in accordance with their terms;
(vi) to the best of the Borrowers knowledge, all signatures and endorsements that appear on all documents and agreements relating to Accounts are genuine and each account debtor, guarantor or endorser thereunder (A) had the capacity, power and authority to contract at the time any such document or agreement giving rise to the Account was executed and (B) is solvent and will continue to be fully able to pay all Accounts on which it is obligated in full when due;
(vii) all documents and agreements relating to Accounts are true and correct and in all respects what they purport to be and are not evidenced by a judgment;
(viii) to the best of the Borrowers knowledge, there are no facts, events or occurrences which in any way impair the validity or enforcement thereof or tend to reduce the amount payable or collectible thereunder from the amount of the invoice face value shown on any schedule of Accounts, and on all contracts, invoices and statements delivered to either Agent with respect thereto;
(ix) the goods giving rise thereto are not, and were not at the time of the sale thereof, subject to any lien, claim, encumbrance or security interest, except the lien of such Borrower as vendor thereof pursuant to the Uniform Commercial Code or other applicable law, the security interest of the applicable Agent for the benefit of the Administrative Agent, the Lenders and the other Secured Parties pursuant to the Loan Documents;
(x) to the best of the Borrowers knowledge, there are no proceedings or actions which are threatened or pending against any Account Debtor thereunder which might result in any material adverse change in the financial condition of such Account Debtor; and
(xi) they have not been pledged to any Person other than the Agents and the Second Lien Term Lender.
(b) Each of the Borrowers covenant that, from and after the Effective Date:
(i) such Borrower shall maintain books and records pertaining to said Collateral consistent with past practice;
(ii) such Borrower will, promptly upon learning thereof, report to the Administrative Agent any matters materially adversely affecting the value, enforceability or collectibility of any of the Accounts;
(iii) if any amount payable under or in connection with any Account is evidenced by a promissory note or other instrument, as such terms are defined in the Uniform Commercial Code or other applicable law, such promissory note or instrument shall be immediately pledged, endorsed, assigned and delivered to the applicable Agent for the ratable benefit of the Administrative Agent and the Lenders as additional collateral;
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(iv) other than in the ordinary course of business, such Borrower shall not redate any invoice or sale, or make sales on extended terms dating beyond that customary in the industry;
(v) if applicable, such Borrower shall conduct a physical count of its Inventory at such intervals as the Administrative Agent may reasonably request, and promptly supply the Administrative Agent with a copy of such counts accompanied by a report of the value (based on the lower of average cost basis and market value) of such Inventory; and
(vi) such Borrower shall not, without the Administrative Agents prior written consent, grant any extension of the time of payment of any Eligible Account Receivable, compromise or settle any Eligible Account Receivable for less than the full amount thereof, release in whole or in part, any Person or property liable for the payment thereof, or allow any credit or discount whatsoever thereon (other than discounts in the ordinary course of business for prompt payment consistent with past practices); provided, that, such Borrower may without the Administrative Agents prior written consent grant extensions of time of payment for Accounts which are not Eligible Accounts Receivable, or compromise or settle any such Accounts for less than the full amount thereof or allow a credit or discount on any such Account, so long as such extension, compromise, settlement, credit or discount is in the ordinary course of such Borrowers business consistent with past practices and on such terms as may be customary in the industry.
Section 6.05 Collateral Custodian. If an Event of Default exists and an Agent is either exercising its remedies with respect to the Collateral or otherwise acting to protect its interests in the Collateral, the Administrative Agent may at any time and from time to time employ and maintain in the premises of the applicable Borrower a custodian selected by the Administrative Agent who shall have full authority to do all acts necessary to protect the Lenders interests and to report to the Administrative Agent thereon. Each of the Borrowers hereby agrees to cooperate with any such custodian and to do whatever the Administrative Agent may reasonably request to preserve the Collateral. All costs and expenses incurred by the Administrative Agent by reason of the employment of the custodian shall be payable by the Borrowers and added to the amounts due and owing under this Agreement and the other Loan Documents.
Section 6.06 Performance by the Agent. If a Default exists and any Loan Party shall fail to perform any covenant or agreement in accordance with the terms of the Loan Documents, either Agent (as applicable) may, at the direction of Required Lenders, perform or attempt to perform such covenant or agreement on behalf of such Loan Party. In such event, the Borrowers shall, at the request of the Administrative Agent, promptly pay any necessary and reasonable amount expended by the applicable Agent or the Lenders in connection with such performance or attempted performance. Notwithstanding the foregoing, it is expressly agreed that none of the Administrative Agent, the U.S. Collateral Agent or any Lender shall have any liability or responsibility for the performance of any obligation of any Loan Party under any Loan Document. An Agent may be obligated to pay certain amounts to the financial institutions party to the Lockbox Agreements from time to time, including without limitations, fees owed to such financial institutions arising from their lock box and other deposit account services and amounts sufficient to reimburse such financial institutions for the amount of any item deposited in the related account which is returned unpaid. In the event an Agent is required to pay any such
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amounts, the applicable Agent shall notify the Borrower Representative, and the applicable Borrower shall promptly pay any amount so expended by such Agent to such Agent. Amounts due and unpaid under this Section 6.06 may be funded as Swingline Loans or other Loans pursuant to the terms of Section 2.03.
ARTICLE VII
The Administrative Agent
Section 7.01 Appointment. Each of the Lenders, on behalf of itself and any of its Affiliates that are Secured Parties, and the Issuing Bank hereby irrevocably appoints the Administrative Agent as its agent and authorizes the Administrative Agent to take such actions on its behalf, including execution and amendment of the other Loan Documents (including, without limitation, intercreditor and subordination agreements), and to exercise such powers as are delegated to the Administrative Agent by the terms of the Loan Documents, together with such actions and powers as are reasonably incidental thereto. The Administrative Agent shall hold all securities under a Swiss Collateral Document that is accessory in nature (akzessorisch) for itself and for and on behalf of each Secured Party as a direct representative (direkter Stellvertreter) and all securities under a Swiss Collateral Document that is non-accessory in nature (nicht akzessorisch) as an agent for the benefit of the Secured Parties (Halten unter einem Treuhandverhältnis). In addition, to the extent required under the laws of any jurisdiction other than the U.S., each of the Lenders and the Issuing Bank hereby grants to the Administrative Agent any required powers of attorney to execute any Collateral Document governed by the laws of such jurisdiction on such Lenders or Issuing Banks behalf. The Administrative Agent, each of the Lenders, on behalf of itself and any of its Affiliates that are Secured Parties, and the Issuing Bank hereby irrevocably appoints and authorizes Bank of America, N.A. to act as its nominee as U.S. collateral agent under this Agreement and the other applicable Loan Documents with such powers as are specifically delegated to the U.S. Collateral Agent by the terms of this Agreement and the other applicable Loan Documents, together with such other powers as are reasonably incidental thereto, including, without limitation, to act as nominee for and behalf of the Administrative Agent, the Lenders and the other Secured Parties under this Agreement and the other Loan Documents and in connection with the Lockbox Accounts with respect to the Liens created by the U.S. Collateral Documents, and except, as otherwise expressly set forth herein, to take such action as may be requested by the Administrative Agent or the Required Lenders; provided, that, unless and until the U.S. Collateral Agent shall have received any such request, the U.S. Collateral Agent may take such administrative action, as it may deem advisable to protect the value of the Collateral and the ability of the Lenders to realize the full amount thereof. The provisions of this Article are solely for the benefit of the Administrative Agent, the U.S. Collateral Agent and the Lenders (including the Swingline Lender and the Issuing Bank), and the Loan Parties shall not have rights as a third party beneficiary of any of such provisions. It is understood and agreed that the use of the term agent as used herein or in any other Loan Documents (or any similar term) with reference to the Administrative Agent or the U.S. Collateral Agent, as applicable, is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any applicable law. Instead, such term is used as a matter of market custom, and is intended to create or reflect only an administrative relationship between independent contracting parties.
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Section 7.02 Rights as a Lender. The bank serving as the Administrative Agent or the U.S. Collateral Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent or the U.S. Collateral Agent, as applicable, and such bank and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with any Loan Party or any Subsidiary or any Affiliate thereof as if it were not the Administrative Agent hereunder.
Section 7.03 Duties and Obligations. No Agent shall have any duties or obligations except those expressly set forth in the Loan Documents. Without limiting the generality of the foregoing, (a) no Agent shall be subject to any fiduciary or other implied duties, regardless of whether a Default has occurred and is continuing, (b) no Agent shall have any duty to take any discretionary action or exercise any discretionary powers, except discretionary rights and powers expressly contemplated by the Loan Documents that such Agent is required to exercise as directed in writing by the Required Lenders (or such other number or percentage of the Lenders as shall be necessary under the circumstances as provided in Section 8.02), and, (c) except as expressly set forth in the Loan Documents, no Agent shall have any duty to disclose, and shall not be liable for the failure to disclose, any information relating to any Loan Party or any Subsidiary that is communicated to or obtained by the bank serving as Administrative Agent, U.S. Collateral Agent or any of their respective Affiliates in any capacity. No Agent shall be liable for any action taken or not taken by it with the consent or at the request of the Required Lenders (or such other number or percentage of the Lenders as shall be necessary under the circumstances as provided in Section 8.02) or in the absence of its own gross negligence or willful misconduct as determined by a final nonappealable judgment of a court of competent jurisdiction. No Agent shall be deemed to have knowledge of any Default unless and until written notice thereof is given to such Agent by the Borrower Representative or a Lender, and such Agent shall not be responsible for or have any duty to ascertain or inquire into (i) any statement, warranty or representation made in or in connection with any Loan Document, (ii) the contents of any certificate, report or other document delivered hereunder or in connection with any Loan Document, (iii) the performance or observance of any of the covenants, agreements or other terms or conditions set forth in any Loan Document, (iv) the validity, enforceability, effectiveness or genuineness of any Loan Document or any other agreement, instrument or document, (v) the creation, perfection or priority of Liens on the Collateral or the existence of the Collateral, or (vi) the satisfaction of any condition set forth in Article IV or elsewhere in any Loan Document, other than to confirm receipt of items expressly required to be delivered to such Agent.
Section 7.04 Reliance. Each Agent shall be entitled to rely upon, and shall not incur any liability for relying upon, any notice, request, certificate, consent, statement, instrument, document or other writing believed by it to be genuine and to have been signed or sent by the proper Person. Each Agent also may rely upon any statement made to it orally or by telephone and believed by it to be made by the proper Person, and shall not incur any liability for relying thereon. Each Agent may consult with legal counsel (who may be counsel for any Borrower), independent accountants and other experts selected by it, and shall not be liable for any action taken or not taken by it in accordance with the advice of any such counsel, accountants or experts.
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Section 7.05 Actions through Sub-Agents. Each of the Administrative Agent and the U.S. Collateral Agent may perform any and all of its duties and exercise its rights and powers by or through any one or more sub-agents appointed by the Administrative Agent or the U.S. Collateral Agent, as applicable. Each of the Administrative Agent, the U.S. Collateral Agent and any of their respective sub-agents may perform any and all of its duties and exercise its rights and powers through their respective Related Parties. The exculpatory provisions of the preceding paragraphs shall apply to any such sub-agent and to the Related Parties of the Administrative Agent, the U.S. Collateral Agent and any such sub-agent, and shall apply to their respective activities in connection with the syndication of the credit facilities provided for herein as well as activities as the Administrative Agent and the U.S. Collateral Agent.
Section 7.06 Resignation. Subject to the appointment and acceptance of a successor Administrative Agent as provided in this paragraph, the Administrative Agent may resign at any time by giving at least 15 days prior written notice to the Lenders, the U.S. Collateral Agent, the Issuing Bank and the Borrower Representative. Upon any such resignation, the Required Lenders shall have the right to appoint a successor Administrative Agent approved by the Borrower Representative (such approval not to be unreasonably withheld); provided that no approval of the Borrower Representative shall be necessary if an Event of Default has occurred and is continuing. If no successor shall have been so appointed by the Required Lenders and, if required, approved by the Borrower Representative and shall have accepted such appointment within thirty (30) days after the retiring Administrative Agent gives notice of its resignation, then the retiring Administrative Agent may, on behalf of the Lenders, the U.S. Collateral Agent and the Issuing Bank, appoint a successor Administrative Agent which shall be a bank with an office in New York, New York, or an Affiliate of any such bank. The U.S. Collateral Agent may resign at any time by giving at least 30 days prior written notice thereof to the Administrative Agent, the Lenders and the Borrower Representative. Upon any such resignation, the Administrative Agent shall have the right to appoint a successor U.S. Collateral Agent approved by the Borrower Representative (such approval not to be unreasonably withheld); provided that no approval of the Borrower Representative shall be necessary if an Event of Default has occurred and is continuing. Upon the acceptance of its appointment as an Agent, each successor Agent shall thereupon succeed to and become vested with all the rights and duties of the retiring Agent, and the retiring Agent shall be discharged from its duties and obligations (other than with respect to its obligations under Section 8.12). The fees payable by the Borrowers to a successor Administrative Agent shall be the same as those payable to its predecessor, unless otherwise agreed by the Borrower Representative and such successor. Notwithstanding the foregoing, in the event no successor Administrative Agent shall have been so appointed and shall have accepted such appointment within thirty (30) days after the retiring Administrative Agent gives notice of its intent to resign, the retiring Administrative Agent may give notice of the effectiveness of its resignation to the Lenders, the U.S. Collateral Agent, the Issuing Bank and the Borrowers, whereupon, on the date of effectiveness of such resignation stated in such notice, (a) the retiring Administrative Agent shall be discharged from its duties and obligations hereunder and under the other Loan Documents, provided that, solely for purposes of maintaining any security interest granted to the Administrative Agent under any Collateral Document for the benefit of the Secured Parties, the retiring Administrative Agent shall continue to be vested with such security interest as the applicable collateral agent for the benefit of the Secured Parties and, in the case of any Collateral in the possession of the Administrative Agent,
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shall continue to hold such Collateral, in each case until such time as a successor Administrative Agent is appointed and accepts such appointment in accordance with this paragraph (it being understood and agreed that the retiring Administrative Agent shall have no duty or obligation to take any further action under any Collateral Document, including any action required to maintain the perfection of any such security interest), and (b) the Required Lenders shall succeed to and become vested with all the rights, powers, privileges and duties of the retiring Administrative Agent, provided that (i) all payments required to be made hereunder or under any other Loan Document to the Administrative Agent for the account of any Person other than the Administrative Agent shall be made directly to such Person and (ii) all notices and other communications required or contemplated to be given or made to the Administrative Agent shall also directly be given or made to each Lender and the Issuing Bank. Following the effectiveness of any retiring Agents resignation hereunder from its capacity as such, the provisions of this Article, Section 2.17(d) and Section 8.03, as applicable, as well as any exculpatory, reimbursement and indemnification provisions set forth in any other Loan Document, shall continue in effect for the benefit of such retiring Agent, its sub agents and their respective Related Parties in respect of any actions taken or omitted to be taken by any of them while it was acting as an Agent and in respect of the matters referred to in the proviso under clause (a) above.
Section 7.07 Non-Reliance.
(a) Each Lender acknowledges and agrees that the extensions of credit made hereunder are commercial loans and letters of credit and not investments in a business enterprise or securities. Each Lender further represents that it is engaged in making, acquiring or holding commercial loans in the ordinary course of its business and has, independently and without reliance upon any Agent or any other Lender and based on such documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement as a Lender, and to make, acquire or hold Loans hereunder. Each Lender shall, independently and without reliance upon any Agent or any other Lender and based on such documents and information (which may contain material, non-public information within the meaning of the United States securities laws concerning the Borrowers and their Affiliates) as it shall from time to time deem appropriate, continue to make its own decisions in taking or not taking action under or based upon this Agreement, any other Loan Document, any related agreement or any document furnished hereunder or thereunder and in deciding whether or to the extent to which it will continue as a Lender or assign or otherwise transfer its rights, interests and obligations hereunder.
(b) Each Lender hereby agrees that (i) it has requested a copy of each Report prepared by or on behalf of the Administrative Agent; (ii) the Administrative Agent (A) makes no representation or warranty, express or implied, as to the completeness or accuracy of any Report or any of the information contained therein or any inaccuracy or omission contained in or relating to a Report and (B) shall not be liable for any information contained in any Report; (iii) the Reports are not comprehensive audits or examinations, and that any Person performing any field examination will inspect only specific information regarding the Loan Parties and will rely significantly upon the Loan Parties books and records, as well as on representations of the Loan Parties personnel and that the Administrative Agent undertakes no obligation to update, correct or supplement the Reports; (iv) it will keep all Reports confidential and strictly for its internal use, not share the Report with any Loan Party or any other Person except as otherwise permitted
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pursuant to this Agreement; and (v) without limiting the generality of any other indemnification provision contained in this Agreement, (A) it will hold the Administrative Agent and any such other Person preparing a Report harmless from any action the indemnifying Lender may take or conclusion the indemnifying Lender may reach or draw from any Report in connection with any extension of credit that the indemnifying Lender has made or may make to the Borrowers, or the indemnifying Lenders participation in, or the indemnifying Lenders purchase of, a Loan or Loans; and (B) it will pay and protect, and indemnify, defend, and hold the Administrative Agent and any such other Person preparing a Report harmless from and against, the claims, actions, proceedings, damages, costs, expenses, and other amounts (including reasonable attorneys fees) incurred by the Administrative Agent or any such other Person as the direct or indirect result of any third parties who might obtain all or part of any Report through the indemnifying Lender.
Section 7.08 Other Agency Titles. None of the Lenders, if any, identified in this Agreement as a Syndication Agent, Documentation Agent or Co-Documentation Agent shall have any right, power, obligation, liability, responsibility or duty under this Agreement other than those applicable to all Lenders as such. Without limiting the foregoing, none of such Lenders shall have or be deemed to have a fiduciary relationship with any Lender. Each Lender hereby makes the same acknowledgments with respect to the relevant Lenders in their respective capacities as Syndication Agent, Documentation Agent or Co-Documentation Agent, as applicable, as it makes with respect to the Administrative Agent in the preceding paragraph.
Section 7.09 Perfection by Possession and Control; Deposit Accounts. The Administrative Agent and the U.S. Collateral Agent hereby appoint each of the other Lenders to serve as bailee to perfect the Administrative Agents or the U.S. Collateral Agents (as applicable) Liens in any Collateral in the possession of any such other Lender. Each Lender possessing any Collateral agrees to so act as bailee for the applicable Agent in accordance with the terms and provisions hereof. In furtherance of the forgoing, each Lender acknowledges that the Borrowers and certain of the Guarantors maintain deposit accounts at one or more of the Lenders (all such accounts the Loan Party Accounts). Each Lender agrees to hold its Loan Party Accounts as bailee for the applicable Agent to perfect the applicable Agents Liens in the proceeds of Collateral held therein. Each Lender who holds a Lockbox Account agrees to pay to the Administrative Agent on a daily basis by automated clearinghouse debit for credit to the Concentration Account or by wire transfer all collected funds on deposit in its Lockbox Accounts. The Administrative Agent shall be the only party entitled to make withdrawals from or otherwise give any direction with respect to the Lockbox Accounts. Prior to the receipt by a Lender of a written notice of an Event of Default from the Administrative Agent, the Borrowers and the Guarantors are entitled to make withdrawals from the Loan Party Accounts which are not Lockbox Accounts and make deposits into all the Loan Party Accounts. When a Lender has received a written notice of an Event of Default from the Administrative Agent, (a) the Administrative Agent shall be the only party entitled to make withdrawals from or otherwise give any direction with respect to the Loan Party Accounts, and (b) each Lender shall transfer, in immediately available funds by wire transfer to the Administrative Agent, the amount of the collected funds credited to the Loan Party Accounts it holds (to the extent not already doing so with respect to Lockbox Accounts) and deliver to the Administrative Agent all moneys or instruments relating thereto or held therein and any other Collateral at any time the Administrative Agent demands payment or delivery thereof by such written notice to such
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Lender. Each Loan Party agrees that each Lender is authorized to immediately deliver all the Collateral to the Administrative Agent upon the Lenders receipt of such notice from the Administrative Agent. No Lender (other than the Administrative Agent acting for the benefit of the Secured Parties) shall exercise any right of set-off or bankers lien against any Loan Party Account for any obligations other than the Secured Obligations; provided that a Lender shall be entitled to charge or set-off against a Loan Party Account and retain for its own account, any customary fees, costs, charges and expenses owed to it in connection with the opening, operating and maintaining such Loan Party Account and for the amount of any item credited to such Loan Party Account that is subsequently returned for any reason.
Section 7.10 [Reserved].
Section 7.11 Powers and Immunities of Issuing Bank and Swingline Lender. None of the Issuing Bank, the Swingline Lender or any of their respective Related Parties shall be liable for any action taken or omitted to be taken by any of them hereunder or otherwise in connection with any Loan Document except for its or their own gross negligence or willful misconduct. Without limiting the generality of the preceding sentence, each of the Issuing Bank and the Swingline Lender: (a) shall not have any duties or responsibilities except those expressly set forth in the Loan Documents, and shall not by reason of any Loan Document be a trustee or fiduciary for any Lender or for either Agent, (b) shall not be required to initiate any litigation or collection proceedings under any Loan Document, (c) shall not be responsible to any Lender or either Agent for any recitals, statements, representations, or warranties contained in any Loan Document, or any certificate or other documentation referred to or provided for in, or received by any of them under, any Loan Document, or for the value, validity, effectiveness, enforceability, or sufficiency of any Loan Document or any other documentation referred to or provided for therein or for any failure by any Person to perform any of its obligations thereunder, (d) may consult with legal counsel (including counsel for the Borrowers), independent public accountants, and other experts selected by it and shall not be liable for any action taken or omitted to be taken in good faith by it in accordance with the advice of such counsel, accountants, or experts, and (e) shall not incur any liability under or in respect of any Loan Document by acting upon any notice, consent, certificate, or other instrument or writing believed by it to be genuine and signed or sent by the proper party or parties. As to any matters not expressly provided for by any Loan Document, the Issuing Bank and the Swingline Lender shall in all cases be fully protected in acting, or in refraining from acting, hereunder in accordance with instructions signed by the Required Lenders, and such instructions of the Required Lenders and any action taken or failure to act pursuant thereto shall be binding on the Agents and all of the other Lenders; provided, however, that neither the Issuing Bank nor the Swingline Lender shall be required to take any action which exposes it to personal liability or which is contrary to any Loan Document or applicable law.
Section 7.12 No Partners or Co-Venturers; Administrative Agent as Representative of the Secured Parties.
(a) The Lenders are not partners or co-venturers, and no Lender shall be liable for the acts or omissions of, or (except as otherwise set forth herein in case of the Administrative Agent) authorized to act for, any other Lender. The Administrative Agent shall have the exclusive right on behalf of the applicable Lenders to enforce the payment of the principal of and interest on any Loan after the date such principal or interest has become due and payable pursuant to the terms of this Agreement.
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(b) In its capacity, the Administrative Agent is a representative of the Secured Parties within the meaning of the term secured party as defined in the New York Uniform Commercial Code. Each Lender authorizes the Administrative Agent to enter into each of the Collateral Documents to which it is a party and to take all action contemplated by such documents. Each Lender agrees that no Secured Party (other than the Administrative Agent) shall have the right individually to seek to realize upon the security granted by any Collateral Document, it being understood and agreed that such rights and remedies may be exercised solely by the Administrative Agent for the benefit of the Secured Parties upon the terms of the Collateral Documents. In the event that any Collateral is hereafter pledged by any Person as collateral security for the Secured Obligations, the Administrative Agent is hereby authorized, and hereby granted a power of attorney, to execute and deliver on behalf of the Secured Parties any Loan Documents necessary or appropriate to grant and perfect a Lien on such Collateral in favor of the Administrative Agent on behalf of the Secured Parties.
(c) In relation to the German Collateral Documents the following additional provisions shall apply:
(i) Each Secured Party authorizes and grants a power of attorney (Vollmacht) to JPMCB to enter into each of the German Collateral Documents to which it is a party and to take all action contemplated by such documents. Any reference in this clause (d) to the Administrative Agent shall also mean JPMCB, in its capacity as Administrative Agent with respect to the German Collateral Documents. The Administrative Agent with respect to the part of the Collateral secured pursuant to the German Collateral Documents or any other security interest in Collateral created under German law (German Collateral) shall:
(A) hold, administer and realise such German Collateral that is transferred or assigned by way of security (Sicherungseigentum/Sicherungsabtretung) or otherwise granted to it and is creating or evidencing a non-accessory security right (nicht akzessorische Sicherheit) in its own name as trustee (Treuhänder) for the benefit of the applicable Secured Parties; and
(B) hold, administer and realise any such German Collateral that is pledged (verpfändet) or otherwise transferred to the Administrative Agent and is creating or evidencing an accessory security right (akzessorische Sicherheit) as agent.
(ii) With respect to the German Collateral, each Secured Party hereby authorizes and each future Secured Party by becoming a party to this Agreement or any other Loan Document authorizes and grants a power of attorney (Vollmacht) to the Administrative Agent (whether or not by or through employees or agents) to:
(A) accept as its representative (Stellvertreter) any pledge or other creation of any accessory security right granted in favor of such Secured Party in connection with the German Collateral Documents and to agree to and execute on its behalf as its representative (Stellvertreter) any amendments and/or alterations to any German Collateral Document or any other agreement related to such German Collateral which creates a pledge or any other accessory security right (akzessorische Sicherheit) including the release or confirmation of release of such security;
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(B) execute on behalf of itself and the Secured Parties where relevant and without the need for any further referral to, or authority from, the Secured Parties or any other person all necessary releases of any such German Collateral secured under the German Collateral Documents or any other agreement related to such German Collateral;
(C) realise such German Collateral in accordance with the German Collateral Documents or any other agreement securing such German Collateral;
(D) make and receive all declarations and statements and undertake all other necessary actions and measures which are necessary or desirable in connection with such German Collateral or the German Collateral Documents or any other agreement securing the German Collateral;
(E) take such action on its behalf as may from time to time be authorized under or in accordance with the German Collateral Documents; and
(F) to exercise such rights, remedies, powers and discretions as are specifically delegated to or conferred upon the Secured Parties under the German Collateral Documents together with such powers and discretions as are reasonably incidental thereto.
(iii) Each of the Secured Parties agrees that, if the courts of Germany do not recognize or give effect to the trust expressed to be created by this Agreement or any other Loan Document, the relationship of the Secured Parties to the Administrative Agent shall be construed as one of principal and agent but, to the extent permissible under the laws of Germany, all the other provisions of this Agreement shall have full force and effect between the parties hereto.
(iv) Each Secured Party hereby ratifies and approves, and each future Secured Party ratifies and approves, all acts and declarations previously done by the Administrative Agent on such Persons behalf (including, for the avoidance of doubt, the declarations made by the Administrative Agent as representative without power of attorney (Vertreter ohne Vertretungsmacht) in relation to the creation of any pledge (Pfandrecht) on behalf and for the benefit of each Secured Party as future pledgee or otherwise); and
(v) For the purpose of performing its rights and obligations as Administrative Agent and to make use of any authorization granted under the German Collateral Documents each Secured Party hereby authorizes, and each future Secured Party hereby authorizes, the Administrative Agent to act as its agent (Stellvertreter), and releases the Administrative Agent from any restrictions on representing several Persons and self-dealing under any applicable law, and in particular from the restrictions of Section 181 of the German Civil Code (Bürgerliches Gesetzbuch). The Administrative Agent has the power to grant sub-power of attorney, including the release from the restrictions of Section 181 of the German Civil Code (Bürgerliches Gesetzbuch).
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(d) In relation to the Swiss Collateral Documents the following additional provisions shall apply:
(i) for the purpose of Section 7.12(e) of this Agreement the Administrative Agent Acts on its own name and on behalf of itself and not as agent, representative or trustee of any Secured Party;
(ii) an Event of Default in respect of the Corresponding Debt shall constitute a Default (verzuim) within the meaning of section 3:248 of the Dutch Civil Code with respect to the Parallel Debt without any notice being required; and
(iii) the parties hereto acknowledge and agree that any resignation by the Administrative Agent is not effective with respect to its rights and obligations under the Parallel Debt until such rights and obligations have been assumed by the successor Administrative Agent.
(e) Each Loan Party hereby irrevocably and unconditionally undertakes (and to the extent necessary undertakes in advance) to pay to the Administrative Agent amounts equal to any amounts owing from time to time by such Loan Party to any Secured Party under this Agreement, any other Loan Document or other relevant document pursuant to any Secured Obligations as and when those amounts are due under any Loan Document or other relevant document (such payment undertakings under this Section 7.12(e) and the obligations and liabilities resulting therefrom being the Parallel Debt).
(i) The Administrative Agent shall have its own independent right to demand payment of the Parallel Debt by the Loan Parties. Each Loan Party and the Administrative Agent acknowledge that the obligations of each Loan Party under this Section 7.12(e) are several, separate and independent from, and shall not in any way limit or affect, the corresponding obligations of each Loan Party to any Secured Party under this Agreement any other Loan Document or other relevant document (the Corresponding Debt) nor shall the amount for which each Loan Party is liable under Section 7.12(e) be limited or affected in any way by its Corresponding Debt provided that:
(A) the Parallel Debt shall be decreased to the extent that the Corresponding Debt has been irrevocably paid or discharged (other than, in each case, contingent obligations);
(B) the Corresponding Debt shall be decreased to the extent that the Parallel Debt has been irrevocably paid or discharged;
(C) the amount of the Parallel Debt shall at all times be equal to the amount of the Corresponding Debt;
(D) the Parallel Debt will be payable in the currency or currencies of the Corresponding Debt;
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(E) the Borrowers shall have all objections and defenses against the Parallel Debt as the Borrowers have against the Corresponding Debt (including Corresponding Debt reinstated for any reason); and
(F) for the avoidance of doubt the Parallel Debt will become due and payable at the same time when the Corresponding Debt becomes due and payable.
(ii) the security granted under any German Collateral Document or any Netherlands Collateral Document with respect to Parallel Debt is granted to the Administrative Agent in its capacity as sole creditor of the Parallel Debt.
(iii) Without limiting or affecting the Administrative Agents rights against any Loan Party (whether under this Agreement or any other Loan Document), each Loan Party acknowledges that:
(A) nothing in this Agreement shall impose any obligation on the Administrative Agent to advance any sum to any Loan Party or otherwise under any Loan Document; and
(B) for the purpose of any vote taken under any Loan Document, the Administrative Agent shall not be regarded as having any participation or commitment other that those which it has in its capacity as a Lender.
(iv) The parties to this Agreement acknowledge and confirm that the parallel debt provisions contained herein shall not be interpreted so as to increase the maximum total amount of the Secured Obligations;
(v) The Parallel Debt shall remain effective in case a third Person should assume or be entitled, partially or in whole, to any rights of any of the Secured Parties under any of the other Loan Documents, be it by virtue of assignment, assumption or otherwise; and
(vi) All monies received or recovered by the Administrative Agent pursuant to this Agreement and all amounts received or recovered by the Administrative Agent from or by the enforcement of any security granted to secure the Parallel Debt shall be applied in accordance with Section 2.18 of this Agreement.
(f) Each of the Lenders, on behalf of itself and any of its Affiliates that are Secured Parties, and the Issuing Bank hereby authorizes JPMCB to enter into each of the U.K. Collateral Documents to which it is a party and to take all action contemplated by such documents. Any reference in this clause (g) through clause (k) below to the Administrative Agent shall also mean JPMCB, in its capacity as Administrative Agent with respect to the U.K. Collateral Documents. In this Agreement and the U.K. Collateral Documents, any rights and remedies exercisable by, any documents to be delivered to, or any other indemnities or obligations in favor of the Administrative Agent shall be, as the case may be, exercisable by, delivered to, or be indemnities or other obligations in favor of, the Administrative Agent (or any other Person acting in such capacity) in its capacity as security trustee of the Secured Parties to
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the extent that the rights, deliveries, indemnities or other obligations relate to the U.K. Collateral Documents or the security thereby created. Any obligations of the Administrative Agent (or any other Person acting in such capacity) in this Agreement and the U.K. Collateral Documents shall be obligations of the Administrative Agent in its capacity as security trustee of the Secured Parties to the extent that the obligations relate to the U.K. Collateral Documents or the security thereby created. Additionally, in its capacity as security trustee of the Secured Parties under the U.K. Collateral Documents, the Administrative Agent (or any other Person acting in such capacity) shall have (i) all the rights, remedies and benefits in favor of the Administrative Agent contained in the provisions of the whole of this Article VII; (ii) all the powers of an absolute owner of the security constituted by the U.K. Collateral Documents and (iii) all the rights, remedies and powers granted to it and be subject to all the obligations and duties owed by it under the U.K. Collateral Documents and/or any of the Loan Documents.
(g) Each Secured Party on behalf of itself and its Affiliates as potential counterparties to Bank Product Obligations hereby appoints the Administrative Agent to act as its trustee in relation to the U.K. Collateral Documents and to hold the assets subject to the security thereby created as trustee for the Secured Parties on the trusts and other terms contained in the U.K. Collateral Documents and each Secured Party hereby irrevocably authorizes the Administrative Agent in its capacity as security trustee of the Secured Parties under the U.K. Collateral Documents to exercise such rights, remedies, powers and discretions as are specifically delegated to the Administrative Agent as security trustee of the Secured Parties by the terms of the U.K. Collateral Documents together with all such rights, remedies, powers and discretions as are reasonably incidental thereto.
(h) Any reference in this Agreement to Liens stated to be in favor of the Administrative Agent shall be construed so as to include a reference to Liens under the U.K. Collateral Documents granted in favor of the Administrative Agent in its capacity as security trustee of Secured Parties.
(i) The Secured Parties agree that at any time that the Person acting as security trustee of the Secured Parties in respect of the U.K. Collateral Documents shall be a Person other than the Administrative Agent, such other Person shall have the rights, remedies, benefits and powers granted to the Administrative Agent under this Agreement and the U.K. Collateral Documents.
(j) Nothing shall require the Administrative Agent in its capacity as security trustee of the Secured Parties under this Agreement and the U.K. Collateral Documents to act as a trustee at common law or to be holding any property on trust, in any jurisdiction outside the United States or the U.K. which may not operate under the principles of trust or where such trust would not be recognized or its effects would not be enforceable.
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ARTICLE VIII
Miscellaneous
Section 8.01 Notices.
(a) Except in the case of notices and other communications expressly permitted to be given by telephone or Electronic Systems (and subject in each case to paragraph (b) below), all notices and other communications provided for herein shall be in writing and shall be delivered by hand or overnight courier service, mailed by certified or registered mail or sent by facsimile, as follows:
(i) if to any Loan Party, to the Borrower Representative at:
Elizabeth Arden, Inc.
880 SW 145th Avenue
Pembroke Pines, Florida 33027
Attention: Marcey Becker, Senior Vice President, Finance & Corporate Development
Phone No.: (954) 364-6900
Fax No.: (954) 364-6920
(ii) if to the Administrative Agent, the U.S. Collateral Agent, or JPMCB in its capacity as an Issuing Bank or the Swingline Lender in the case of any notice regarding the U.S. Borrower or the Canadian Borrower, to JPMorgan Chase Bank, N.A. at:
JPMorgan Chase Bank, N.A.
2200 Ross Ave., 9th Floor TX1-2921
Dallas, TX 75201
Attention: Christy L. West
Telephone No. (214) 965-2364
Telecopy No. (214) 965-2594
and, if to the Administrative Agent or the Swingline Lender in the case of a notice regarding any Foreign Borrower (other than the Canadian Borrower), to:
JPMorgan Chase Bank, N.A.
Loans Agency 6th Floor
25 Bank Street, Canary Wharf
London E145JP
United Kingdom
Attention: Loans Agency
Fax: +44 (0)20 7777 2360
(iii) if to any other Lender, to it at its address or facsimile number set forth in its Administrative Questionnaire.
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All such notices and other communications (i) sent by hand or overnight courier service, or mailed by certified or registered mail, shall be deemed to have been given when received, (ii) sent by facsimile shall be deemed to have been given when sent, provided that if not given during normal business hours of the recipient, such notice or communication shall be deemed to have been given at the opening of business on the next Business Day of the recipient, or (iii) delivered through Electronic Systems to the extent provided in paragraph (b) below shall be effective as provided in such paragraph.
(b) Notices and other communications to the Lenders hereunder may be delivered or furnished by Electronic Systems pursuant to procedures approved by the Administrative Agent; provided that, the foregoing shall not apply to notices pursuant to Article II or to Compliance Certificates delivered pursuant to Section 5.01(c) unless otherwise agreed by the Administrative Agent and the applicable Lender. Each of the Administrative Agent and the Borrower Representative (on behalf of the Loan Parties) may, in its discretion, agree to accept notices and other communications to it hereunder by Electronic Systems pursuant to procedures approved by it; provided that approval of such procedures may be limited to particular notices or communications. Unless the Administrative Agent otherwise proscribes, all such notices and other communications (i) sent to an e-mail address shall be deemed received upon the senders receipt of an acknowledgment from the intended recipient (such as by the return receipt requested function, as available, return e-mail or other written acknowledgment), provided that if not given during the normal business hours of the recipient, such notice or communication shall be deemed to have been given at the opening of business on the next Business Day for the recipient, and (ii) posted to an Internet or intranet website shall be deemed received upon the deemed receipt by the intended recipient, at its e-mail address as described in the foregoing clause (i), of notification that such notice or communication is available and identifying the website address therefor; provided that, for both clauses (i) and (ii) above, if such notice, e-mail or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been sent at the opening of business on the next Business Day of the recipient.
(c) Any party hereto may change its address, facsimile number or e-mail address for notices and other communications hereunder by notice to the other parties hereto.
(d) Electronic Systems.
(i) Each Loan Party agrees that the Administrative Agent may, but shall not be obligated to, make Communications (as defined below) available to the Issuing Bank and the other Lenders by posting the Communications on Debt Domain, Intralinks, Syndtrak, ClearPar or a substantially similar Electronic System.
(ii) Any Electronic System used by the Administrative Agent is provided as is and as available. The Agent Parties (as defined below) do not warrant the adequacy of such Electronic Systems and expressly disclaim liability for errors or omissions in the Communications. No warranty of any kind, express, implied or statutory, including any warranty of merchantability, fitness for a particular purpose, non-infringement of third-party rights or freedom from viruses or other code defects, is made by any Agent Party in connection with the Communications or any Electronic System. In no event shall the Agents or any of their
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respective Related Parties (collectively, the Agent Parties) have any liability to the Borrowers, the other Loan Parties, any Lender, the Issuing Bank or any other Person or entity for damages of any kind, including direct or indirect, special, incidental or consequential damages, losses or expenses (whether in tort, contract or otherwise) arising out of any Borrowers, any Loan Partys or the Administrative Agents transmission of communications through an Electronic System. Communications means, collectively, any notice, demand, communication, information, document or other material provided by or on behalf of any Loan Party pursuant to any Loan Document or the transactions contemplated therein which is distributed by the Administrative Agent, any Lender or the Issuing Bank by means of electronic communications pursuant to this Section, including through an Electronic System.
Section 8.02 Waivers; Amendments. (a) No failure or delay by any Agent, the Issuing Bank or any Lender in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Agents, the Issuing Bank and the Lenders hereunder and under any other Loan Document are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Loan Document or consent to any departure by any Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether any Agent, any Lender or the Issuing Bank may have had notice or knowledge of such Default at the time.
(b) Except as provided in the first sentence of Section 2.09(f) (with respect to any commitment increase), neither this Agreement nor any other Loan Document nor any provision hereof or thereof may be waived, amended or modified except (x) in the case of this Agreement, pursuant to an agreement or agreements in writing entered into by the Borrowers and the Required Lenders or (y) in the case of any other Loan Document, pursuant to an agreement or agreements in writing entered into by the Administrative Agent and the Loan Party or Loan Parties that are parties thereto, with the consent of the Required Lenders; provided that no such agreement shall (i) increase the Commitment of any Lender without the written consent of such Lender (including any such Lender that is a Defaulting Lender), (ii) reduce or forgive the principal amount of any Loan or LC Disbursement or reduce the rate of interest thereon, or reduce or forgive any interest or fees payable hereunder, without the written consent of each Lender (including any such Lender that is a Defaulting Lender) directly affected thereby; provided that, any amendment to the financial covenant definitions in this Agreement shall not constitute a reduction in the rate of interest or the reduction or forgiveness of any interest for purposes of this clause (ii), (iii) postpone any scheduled date of payment of the principal amount of any Loan or LC Disbursement, or any date for the payment of any interest, fees or other Obligations payable hereunder, or reduce the amount of, waive or excuse any such payment, or postpone the scheduled date of expiration of any Commitment, without the written consent of each Lender (including any such Lender that is a Defaulting Lender) directly affected thereby; provided that, mandatory prepayments pursuant to Section 2.11(c) may be postponed, delayed,
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reduced, waived or modified with the consent of the Required Lenders, (iv) change Section 2.18(b) or (d) in a manner that would alter the manner in which payments are shared, without the written consent of each Lender (other than any Defaulting Lender), (v) change the definition of any Borrowing Base (or any defined terms used therein) in a manner that makes more credit available, increase the advance rates set forth in the definition of any Borrowing Base or add new categories of eligible assets, without the written consent of each Lender (other than any Defaulting Lender), (vi) change any of the provisions of this Section or the definition of Required Lenders or any other provision of any Loan Document specifying the number or percentage of Lenders (or Lenders of any Class) required to waive, amend or modify any rights thereunder or make any determination or grant any consent thereunder, without the written consent of each Lender (other than any Defaulting Lender) directly affected thereby, (vii) change Section 2.20, without the consent of each Lender (other than any Defaulting Lender) under the applicable Facility, (viii) release any Guarantor from its obligation under its Loan Guaranty (except as otherwise permitted herein or in the other Loan Documents), without the written consent of each Lender (other than any Defaulting Lender), (ix) except as provided in clause (c) of this Section or in any Collateral Document, release or direct any Agent to release any portion of the Collateral with a value greater than five percent (5%) of the aggregate amount of the Collateral at such time without the written consent of each Lender (other than any Defaulting Lender); provided that the value of any Collateral released hereunder without the written consent of each Lender (other than a Defaulting Lender) shall not exceed $5,000,000 in the aggregate or (x) release or discharge any of the payment obligations of the Borrowers under the Loan Documents; provided further that no such agreement shall amend, modify or otherwise affect the rights or duties of any Agent, the Issuing Bank or the Swingline Lender hereunder (including Section 2.06 hereof) without the prior written consent of such Agent, the Issuing Bank or the Swingline Lender, as the case may be (it being understood that any amendment to Section 2.20 shall require the consent of the Administrative Agent, the Issuing Bank and the Swingline Lender). If the U.S. Borrower is successful in raising additional equity in one transaction after the Effective Date, and the Net Proceeds contributed to the U.S. Borrower in connection therewith equals or exceeds $50,000,000, no Default exists and the Borrower Representative requests amendments to the restrictive covenants contained in this Agreement in connection with such additional equity contribution in light of the improved financial position of the U.S. Borrower and its Subsidiaries as a result thereof, the Agents and the Lenders agree that they will not charge an amendment fee in connection with any resulting amendment entered into in connection therewith. The forgoing sentence shall not obligate either Agent or any of the Lenders to enter into any such amendment. The Administrative Agent may also amend the Commitment Schedule to reflect assignments entered into pursuant to Section 8.04. Any amendment, waiver or other modification of this Agreement or any other Loan Document that by its terms affects the rights or duties under this Agreement of the Lenders of one or more Classes (but not the Lenders of any other Class), may be effected by an agreement or agreements in writing entered into by the applicable Borrowers and the requisite number or percentage in interest of each affected Class of Lenders that would be required to consent thereto under this Section if such Class of Lenders were the only Class of Lenders hereunder at the time.
(c) The Lenders and the Issuing Bank hereby irrevocably authorize the applicable Agent, at its option and in its sole discretion, to release any Liens granted to such Agent by the Loan Parties on any Collateral (i) upon the termination of all of the Commitments,
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payment and satisfaction in full in cash of all Secured Obligations (other than Unliquidated Obligations), and the cash collateralization of all Unliquidated Obligations in a manner satisfactory to each affected Lender, (ii) constituting property being sold or disposed of if the Loan Party disposing of such property certifies to the Agents that the sale or disposition is made in compliance with the terms of this Agreement (and the Agents may rely conclusively on any such certificate, without further inquiry), and to the extent that the property being sold or disposed of constitutes 100% of the Equity Interests of a Subsidiary, the Administrative Agent is authorized to release any Loan Guaranty by such Subsidiary, (iii) constituting property leased to a Loan Party under a lease which has expired or been terminated in a transaction permitted under this Agreement, or (iv) as required to effect any sale or other disposition of such Collateral in connection with any exercise of remedies of the Agents and the Lenders pursuant to Article VII. Except as provided in the preceding sentence, the Agents will not release any Liens on Collateral without the prior written authorization of the Required Lenders or each Lender, as applicable. Any such release shall not in any manner discharge, affect, or impair the Obligations or any Liens (other than those expressly being released) upon (or obligations of the Loan Parties in respect of) all interests retained by the Loan Parties, including the proceeds of any sale, all of which shall continue to constitute part of the Collateral. Any execution and delivery by the Agents of documents in connection with any such release shall be without recourse to or warranty by such Agent.
(d) If, in connection with any proposed amendment, waiver or consent requiring the consent of each Lender or each Lender affected thereby, the consent of the Required Lenders is obtained, but the consent of other necessary Lenders is not obtained (any such Lender whose consent is necessary but has not been obtained being referred to herein as a Non-Consenting Lender), then the U.S. Borrower may elect to replace a Non-Consenting Lender as a Lender party to this Agreement, provided that, concurrently with such replacement, (i) another bank or other entity which is reasonably satisfactory to the U.S. Borrower, the Administrative Agent and the Issuing Bank shall agree, as of such date, to purchase for cash the Loans and other Obligations due to the Non-Consenting Lender pursuant to an Assignment and Assumption and to become a Lender for all purposes under this Agreement and to assume all obligations of the Non-Consenting Lender to be terminated as of such date and to comply with the requirements of clause (b) of Section 8.04, and (ii) the applicable Borrowers shall pay to such Non-Consenting Lender in same day funds on the day of such replacement (1) all interest, fees and other amounts then accrued but unpaid to such Non-Consenting Lender by the applicable Borrowers hereunder to and including the date of termination, including without limitation payments due to such Non-Consenting Lender under Sections 2.15 and 2.17, and (2) an amount, if any, equal to the payment which would have been due to such Lender on the day of such replacement under Section 2.16 had the Loans of such Non-Consenting Lender been prepaid on such date rather than sold to the replacement Lender.
(e) Notwithstanding anything to the contrary herein the Administrative Agent may, with the consent of the Borrower Representative only, amend, modify or supplement this Agreement or any of the other Loan Documents to cure any ambiguity, omission, mistake, defect or inconsistency.
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Section 8.03 Expenses; Indemnity; Damage Waiver. (a) The Loan Parties shall, jointly and severally, subject to the limitations set forth in Section 8.22 and Section 10.14, pay all (i) reasonable out-of-pocket expenses incurred by the Agents and their Affiliates, including the reasonable fees, charges and disbursements of counsel for the Administrative Agent (which, in the case of counsel, shall be limited to the reasonable out-of-pocket fees, charges and disbursements of one primary U.S. counsel, one primary European counsel, one primary Canadian counsel and one additional local counsel in each applicable jurisdiction, in each case, for the Administrative Agent), in connection with the syndication and distribution (including, without limitation, via the internet or through an Electronic System) of the credit facilities provided for herein, the preparation and administration of the Loan Documents and any amendments, modifications or waivers of the provisions of the Loan Documents (whether or not the transactions contemplated hereby or thereby shall be consummated), (ii) reasonable out-of-pocket expenses incurred by the Issuing Bank in connection with the issuance, amendment, renewal or extension of any Letter of Credit or any demand for payment thereunder and (iii) out-of-pocket expenses incurred by any Agent, the Issuing Bank or any Lender, including the fees, charges and disbursements of any counsel for any Agent, the Issuing Bank or any Lender (which, in the case of counsel, shall be limited to the reasonable out-of-pocket fees, charges and disbursements of one primary U.S. counsel, one primary European counsel, one primary Canadian counsel and one additional local counsel in each applicable jurisdiction for the Administrative Agent and one additional counsel for all the Lenders (taken as a whole)), in connection with the enforcement, collection or protection of its rights in connection with the Loan Documents, including its rights under this Section, or in connection with the Loans made or Letters of Credit issued hereunder, including all such out-of-pocket expenses incurred during any workout, restructuring or negotiations in respect of such Loans or Letters of Credit. Expenses being reimbursed by the Loan Parties under this Section include, without limiting the generality of the foregoing, fees, costs and expenses incurred in connection with:
(i) insurance reviews;
(ii) subject to the limitations set forth in Section 5.06, field examinations, inventory appraisals and the preparation of Reports based on the fees charged by a third party retained by the Administrative Agent or the internally allocated fees for each Person employed by the Administrative Agent with respect to each appraisal and field examination;
(iii) background checks regarding senior management and/or key investors, as deemed necessary or appropriate in the sole discretion of the Administrative Agent;
(iv) Taxes, fees and other charges for (A) lien searches and (B) filing financing statements and continuations, and other actions to perfect, protect, and continue the applicable Agents Liens;
(v) sums paid or incurred to take any action required of any Loan Party under the Loan Documents that such Loan Party fails to pay or take; and
(vi) forwarding loan proceeds, collecting checks and other items of payment, and establishing and maintaining the accounts and lock boxes, and costs and expenses of preserving and protecting the Collateral.
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All of the foregoing fees, costs and expenses may be charged to the U.S. Borrower as Revolving Loans or to another deposit account, all as described in Section 2.18(c). This Section 8.03(a) is subject to the limitations set forth in Section 8.22 and Section 10.14.
(b) The Loan Parties shall, jointly and severally, subject to the limitations set forth in Section 8.22 and Section 10.14, indemnify each Agent, the Issuing Bank and each Lender, and each Related Party of any of the foregoing Persons (each such Person being called an Indemnitee) against, and hold each Indemnitee harmless from, any and all losses, claims, damages, penalties, incremental taxes, liabilities and related expenses, including the fees, charges and disbursements of any counsel for any Indemnitee (including the reasonable out-of-pocket fees, charges and disbursements of one primary U.S. counsel, one primary European counsel, one primary Canadian counsel and one additional local counsel in each applicable jurisdiction, in each case, as selected by the Administrative Agent and for all Indemnitees and, in light of actual or perceived conflicts of interest or the availability of different claims or defenses, one additional counsel for each similarly affected group of Indemnitees (taken as a whole) and, if necessary, one additional local counsel in each relevant jurisdiction for such affected group of Indemnitees), incurred by or asserted against any Indemnitee arising out of, in connection with, or as a result of (i) the execution or delivery of the Loan Documents or any agreement or instrument contemplated thereby, the performance by the parties hereto of their respective obligations thereunder or the consummation of the Financing Transactions or any other transactions contemplated hereby, (ii) any Loan or Letter of Credit or the use of the proceeds therefrom (including any refusal by the Issuing Bank to honor a demand for payment under a Letter of Credit if the documents presented in connection with such demand do not strictly comply with the terms of such Letter of Credit), (iii) any actual or alleged presence or release of hazardous materials on or from any property owned or operated by a Loan Party or a Subsidiary, or any environmental liability related in any way to a Loan Party or a Subsidiary, (iv) the failure of a Loan Party to deliver to the Administrative Agent the required receipts or other required documentary evidence with respect to a payment made by a Loan Party for Taxes pursuant to Section 2.17, or (v) any actual or prospective claim, litigation, investigation or proceeding relating to any of the foregoing, whether or not such claim, litigation, investigation or proceeding is brought by any Loan Party or their respective equity holders, Affiliates, creditors or any other third Person and whether based on contract, tort or any other theory and regardless of whether any Indemnitee is a party thereto; provided that such indemnity shall not, as to any Indemnitee, be available to the extent that such losses, claims, damages, penalties, liabilities or related expenses are determined by a court of competent jurisdiction by final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Indemnitee. This Section 8.03(b) shall not apply with respect to Taxes other than any Taxes that represent losses or damages arising from any non-Tax claim.
(c) To the extent that any Loan Party fails to pay any amount required to be paid by it to any Agent (or any sub-agent thereof), the Swingline Lender or the Issuing Bank (or any Related Party of any of the foregoing) under paragraph (a) or (b) of this Section, each Lender severally agrees to pay to such Agent, the Swingline Lender or the Issuing Bank (or any Related Party of any of the foregoing), as the case may be, such Lenders Applicable Percentage (determined as of the time that the applicable unreimbursed expense or indemnity payment is sought) of such unpaid amount (it being understood that the payment by any Lender of any such
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amount shall not relieve any Loan Party of any default in the payment thereof); provided that the unreimbursed expense or indemnified loss, claim, damage, penalty, liability or related expense, as the case may be, was incurred by or asserted against such Agent, the Swingline Lender or the Issuing Bank in its capacity as such.
(d) To the extent permitted by applicable law, no Loan Party shall assert, and each Loan Party hereby waives, any claim against any Indemnitee (i) for any damages arising from the use by others of information or other materials obtained through telecommunications, electronic or other information transmission systems (including the Internet) or (ii) on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby or thereby, the Financing Transactions, any Loan or Letter of Credit or the use of the proceeds thereof; provided that, nothing in this paragraph (d) shall relieve any Loan Party of any obligation it may have to indemnify an Indemnitee against special, indirect, consequential or punitive damages asserted against such Indemnitee by a third party.
(e) All amounts due under this Section shall be payable not later than ten (10) Business Days after written demand therefor.
Section 8.04 Successors and Assigns. (a) The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns permitted hereby (including any Affiliate of the Issuing Bank that issues any Letter of Credit), except that (i) no Borrower may assign or otherwise transfer any of its rights or obligations hereunder without the prior written consent of each Lender (and any attempted assignment or transfer by any Borrower without such consent shall be null and void) and (ii) no Lender may assign or otherwise transfer its rights or obligations hereunder except in accordance with this Section. Nothing in this Agreement, expressed or implied, shall be construed to confer upon any Person (other than the parties hereto, their respective successors and assigns permitted hereby (including any Affiliate of the Issuing Bank that issues any Letter of Credit), Participants (to the extent provided in paragraph (c) of this Section) and, to the extent expressly contemplated hereby, the Related Parties of each of the Administrative Agent, the Issuing Bank and the Lenders) any legal or equitable right, remedy or claim under or by reason of this Agreement.
(b) (i) Subject to the conditions set forth in paragraph (b)(ii) below, any Lender may assign to one or more Persons (other than an Ineligible Institution) all or a portion of its rights and obligations under this Agreement (including all or a portion of its Commitment and the Loans at the time owing to it) with the prior written consent (such consent not to be unreasonably withheld or delayed) of:
(A) the Borrower Representative; provided that no consent of the Borrower Representative shall be required for an assignment to a Lender, an Affiliate of a Lender, an Approved Fund or, if an Event of Default has occurred and is continuing, any other assignee;
(B) the Administrative Agent;
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(C) the Issuing Bank; and
(D) the Swingline Lender.
(ii) Assignments shall be subject to the following additional conditions:
(A) except in the case of an assignment to a Lender or an Affiliate of a Lender or an Approved Fund or an assignment of the entire remaining amount of the assigning Lenders Commitment or Loans of any Class, the amount of the Commitment or Loans of the assigning Lender subject to each such assignment (determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent) shall not be less than $5,000,000 unless each of the Borrower Representative and the Administrative Agent otherwise consent, provided that no such consent of the Borrower Representative shall be required if an Event of Default has occurred and is continuing;
(B) each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lenders rights and obligations under this Agreement;
(C) the parties to each assignment shall execute and deliver to the Administrative Agent an Assignment and Assumption, together with a processing and recordation fee of $3,500;
(D) the assignee, if it shall not be a Lender, shall deliver to the Administrative Agent an Administrative Questionnaire in which the assignee designates one or more credit contacts to whom all syndicate-level information (which may contain material non-public information about the U.S. Borrower, the other Loan Parties and their Related Parties or their respective securities) will be made available and who may receive such information in accordance with the assignees compliance procedures and applicable laws, including Federal and state securities laws;
(E) each assignment by a Lender of its Commitments under one Facility shall require a pro rata assignment of such assigning Lenders Commitments under the Facilities and vice versa so that all Lenders have a Canadian Commitment and a European Commitment in an amount equal to its pro rata portion of the U.S. Commitment;
(F) the assignee, if it shall not be a Lender, shall deliver to the Administrative Agent a counterpart to the Lender Allocation Agreement; provided, that each Person that executes and delivers an Assignment and Assumption shall automatically be deemed to have consented to the terms of the Lender Allocation Agreement; and
(G) notwithstanding any other provision of this Agreement or anything to the contrary in this Section 8.04 or elsewhere in this Agreement, the consent of each of the Swiss Loan Parties, if any, shall so long as no Event of Default has occurred and is continuing, be required for an assignment or participation to any assignee or Participant (for the avoidance of doubt, including any Approved Fund) that is a Swiss Non-Qualifying Bank; provided however that such a consent shall not be unreasonably withheld or delayed. For the
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avoidance of doubt, if any Swiss Loan Party determines in its reasonable discretion that any assignment or participation would result in noncompliance with the Swiss Non-Bank Rules and/or that the number of Lenders and Participants that are not Swiss Qualifying Banks would exceed the number of ten, then such Swiss Loan Partys objection to such an assignment or participation shall be deemed reasonable.
For the purposes of this Section 8.04(b), the terms Approved Fund and Ineligible Institution have the following meanings:
Approved Fund means any Person (other than a natural person) that is engaged in making, purchasing, holding or investing in bank loans and similar extensions of credit in the ordinary course of its business and that is administered or managed by (a) a Lender, (b) an Affiliate of a Lender or (c) an entity or an Affiliate of an entity that administers or manages a Lender.
Ineligible Institution means a (a) natural person, (b) a Defaulting Lender or its Parent, (c) holding company, investment vehicle or trust for, or owned and operated for the primary benefit of, a natural person or relative(s) thereof; provided that, such holding company, investment vehicle or trust shall not constitute an Ineligible Institution if it (x) has not been established for the primary purpose of acquiring any Loans or Commitments, (y) is managed by a professional advisor, who is not such natural person or a relative thereof, having significant experience in the business of making or purchasing commercial loans, and (z) has assets greater than $25,000,000 and a significant part of its activities consist of making or purchasing commercial loans and similar extensions of credit in the ordinary course of its business or (d) a Loan Party or a Subsidiary or other Affiliate of a Loan Party.
(iii) Subject to acceptance and recording thereof pursuant to paragraph (b)(iv) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party hereto and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lenders rights and obligations under this Agreement, such Lender shall cease to be a party hereto but shall continue to be entitled to the benefits of Sections 2.15, 2.16, 2.17 and 8.03). Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this Section 8.04 shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with paragraph (c) of this Section.
(iv) The Administrative Agent, acting for this purpose as a non-fiduciary agent of the Borrowers, shall maintain at one of its offices a copy of each Assignment and Assumption delivered to it and a register for the recordation of the names and addresses of the Lenders, and the Commitment of, and principal amount (and stated interest) of the Loans and LC Disbursements owing to, each Lender pursuant to the terms hereof from time to time (the Register). The entries in the Register shall be conclusive, absent manifest error, and the Borrowers, the Agents, the Issuing Bank and the Lenders shall treat each Person whose name is recorded in the Register pursuant to the terms hereof as a Lender hereunder for all purposes of this Agreement, notwithstanding notice to the contrary. The Register shall be available for inspection by the Borrowers, the Issuing Bank and any Lender, at any reasonable time and from time to time upon reasonable prior notice.
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(v) Upon its receipt of a duly completed Assignment and Assumption executed by an assigning Lender and an assignee, the assignees completed Administrative Questionnaire (unless the assignee shall already be a Lender hereunder), the processing and recordation fee referred to in paragraph (b) of this Section and any written consent to such assignment required by paragraph (b) of this Section, the Administrative Agent shall accept such Assignment and Assumption and record the information contained therein in the Register; provided that if either the assigning Lender or the assignee shall have failed to make any payment required to be made by it pursuant to Section 2.05, 2.06(d) or (e), 2.07(b), Section 2.18(d) or 8.03(c), the Administrative Agent shall have no obligation to accept such Assignment and Assumption and record the information therein in the Register unless and until such payment shall have been made in full, together with all accrued interest thereon. No assignment shall be effective for purposes of this Agreement unless it has been recorded in the Register as provided in this paragraph.
(c) Any Lender may, without the consent of any Borrower, any Agent, the Issuing Bank or the Swingline Lender, sell participations to one or more banks or other entities (a Participant) other than an Ineligible Institution in all or a portion of such Lenders rights and obligations under this Agreement (including all or a portion of its Commitment and the Loans owing to it); provided that (A) such Lenders obligations under this Agreement shall remain unchanged, (B) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations, and (C) the Borrowers, the Agents, the Issuing Bank and the other Lenders shall continue to deal solely and directly with such Lender in connection with such Lenders rights and obligations under this Agreement. Any agreement or instrument pursuant to which a Lender sells such a participation shall provide that such Lender shall retain the sole right to enforce this Agreement and to approve any amendment, modification or waiver of any provision of this Agreement; provided that such agreement or instrument may provide that such Lender will not, without the consent of the Participant, agree to any amendment, modification or waiver described in the first proviso to Section 8.02(b) that affects such Participant. The Borrowers agree that each Participant shall be entitled to the benefits of Sections 2.15, 2.16 and 2.17 (subject to the requirements and limitations therein, including the requirements under Section 2.17(f) and (g) (it being understood that the documentation required under Section 2.17(f) shall be delivered to the participating Lender and the information and documentation required under Section 2.17(g) will be delivered to the U.S. Borrower and the Administrative Agent)) to the same extent as if it were a Lender and had acquired its interest by assignment pursuant to paragraph (b) of this Section; provided that such Participant (1) agrees to be subject to the provisions of Sections 2.18 and 2.19 as if it were an assignee under paragraph (b) of this Section; and (2) shall not be entitled to receive any greater payment under Section 2.15 or 2.17, with respect to any participation, than its participating Lender would have been entitled to receive, except to the extent such entitlement to receive a greater payment results from a Change in Law that occurs after the Participant acquired the applicable participation.
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Each Lender that sells a participation agrees, at the Borrowers request and expense, to use reasonable efforts to cooperate with the Borrowers to effectuate the provisions of Section 2.19(b) with respect to any Participant. To the extent permitted by law, each Participant also shall be entitled to the benefits of Section 8.08 as though it were a Lender, provided such Participant agrees to be subject to Section 2.18(c) as though it were a Lender. Each Lender that sells a participation shall, acting solely for this purpose as a non-fiduciary agent of the Borrowers, maintain a register on which it enters the name and address of each Participant and the principal amounts (and stated interest) of each Participants interest in the Loans or other obligations under this Agreement or any other Loan Document (the Participant Register); provided that no Lender shall have any obligation to disclose all or any portion of the Participant Register (including the identity of any Participant or any information relating to a Participants interest in any Commitments, Loans, Letters of Credit or its other obligations under any Loan Document) to any Person except to the extent that such disclosure is necessary to establish that such Commitment, Loan, Letter of Credit or other obligation is in registered form under Section 5f.103-1(c) of the United States Treasury Regulations. The entries in the Participant Register shall be conclusive absent manifest error, and such Lender shall treat each Person whose name is recorded in the Participant Register as the owner of such participation for all purposes of this Agreement notwithstanding any notice to the contrary. For the avoidance of doubt, the Administrative Agent (in its capacity as Administrative Agent) shall have no responsibility for maintaining a Participant Register.
Each Person that acquires a Participation shall automatically be deemed to have consented to the terms of the Lender Allocation Agreement.
(d) Any Lender may at any time pledge or assign a security interest in all or any portion of its rights under this Agreement to secure obligations of such Lender, including without limitation any pledge or assignment to secure obligations to a Federal Reserve Bank, and this Section shall not apply to any such pledge or assignment of a security interest; provided that no such pledge or assignment of a security interest shall release a Lender from any of its obligations hereunder or substitute any such pledgee or assignee for such Lender as a party hereto.
Section 8.05 Survival. All covenants, agreements, representations and warranties made by the Loan Parties in the Loan Documents and in the certificates or other instruments delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of the Loan Documents and the making of any Loans and issuance of any Letters of Credit, regardless of any investigation made by any such other party or on its behalf and notwithstanding that any Agent, the Issuing Bank or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended hereunder, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any fee or any other amount payable under this Agreement is outstanding and unpaid or any Letter of Credit is outstanding that has not been cash collateralized (which may include a backstop letter of credit issued by an issuer in form and substance reasonably satisfactory to the Administrative Agent) and so long as the Commitments have not expired or terminated. The provisions of Sections 2.15, 2.16, 2.17 and 8.03 and Article VI shall survive and remain in full force and effect regardless of the consummation of the transactions contemplated hereby, the repayment of the Loans, the expiration or termination of the Letters of Credit and the Commitments or the termination of this Agreement or any other Loan Document or any provision hereof or thereof.
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Section 8.06 Counterparts; Integration; Effectiveness; Electronic Execution.
(a) This Agreement may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single contract. This Agreement, the other Loan Documents, the Lender Allocation Agreement and any separate letter agreements with respect to fees payable to the Administrative Agent constitute the entire contract among the parties (provided that, the Lender Allocation Agreement is only an agreement among the Administrative Agent and the Lenders) relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof. Except as provided in Section 4.01, this Agreement shall become effective when it shall have been executed by the Administrative Agent and when the Administrative Agent shall have received counterparts hereof which, when taken together, bear the signatures of each of the other parties hereto, and thereafter shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
(b) Delivery of an executed counterpart of a signature page of this Agreement by telecopy, emailed pdf. or any other electronic means that reproduces an image of the actual executed signature page shall be effective as delivery of a manually executed counterpart of this Agreement. The words execution, signed, signature, delivery, and words of like import in or relating to any document to be signed in connection with this Agreement and the transactions contemplated hereby or thereby shall be deemed to include Electronic Signatures, deliveries or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature, physical delivery thereof or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act. THIS WRITTEN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
Section 8.07 Severability. Any provision of any Loan Document held to be invalid, illegal or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such invalidity, illegality or unenforceability without affecting the validity, legality and enforceability of the remaining provisions thereof; and the invalidity of a particular provision in a particular jurisdiction shall not invalidate such provision in any other jurisdiction.
Section 8.08 Right of Setoff. If an Event of Default shall have occurred and be continuing, subject to the obligations under Section 7.09, each Lender and each of its Affiliates is hereby authorized at any time and from time to time, to the fullest extent permitted by law, to set off and apply any and all deposits (general or special, time or demand, provisional or final) at any time held and other obligations at any time owing by such Lender or Affiliate to or for the
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credit or the account of any Loan Party against any of and all the Secured Obligations held by such Lender, irrespective of whether or not such Lender shall have made any demand under the Loan Documents and although such obligations may be unmatured; provided that to the extent prohibited by applicable law as described in the definition of Excluded Swap Obligation, no amounts received from, or setoff with respect to, any Guarantor shall be applied to any Excluded Swap Obligations of such Guarantor. In respect of the German Loan Parties, the German Guaranty Limitations shall apply if and to the extent applicable. The applicable Lender shall notify the Borrower Representative and the Administrative Agent of such set-off or application, provided that any failure to give or any delay in giving such notice shall not affect the validity of any such set-off or application under this Section. The rights of each Lender under this Section are in addition to other rights and remedies (including other rights of setoff) which such Lender may have.
Section 8.09 Governing Law; Jurisdiction; Consent to Service of Process. (a) The Loan Documents (other than those containing a contrary express choice of law provision) shall be governed by and construed in accordance with the internal laws (and not the laws of conflicts) of the State of New York, but giving effect to federal laws applicable to national banks.
(b) Each Loan Party hereby irrevocably and unconditionally submits, for itself and its property, to the nonexclusive jurisdiction of any U.S. Federal or New York State court sitting in New York County, New York in any action or proceeding arising out of or relating to any Loan Documents, or for recognition or enforcement of any judgment, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in such New York State or, to the extent permitted by law, in such Federal court. Each of the parties hereto agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Nothing in this Agreement or any other Loan Document shall affect any right that the Administrative Agent, the Issuing Bank or any Lender may otherwise have to bring any action or proceeding relating to this Agreement or any other Loan Document against any Loan Party or its properties in the courts of any jurisdiction.
(c) Each party to this Agreement hereby irrevocably and unconditionally waives, to the fullest extent it may legally and effectively do so, any objection which it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement or any other Loan Document in any court referred to in paragraph (b) of this Section. Each of the parties hereto hereby irrevocably waives, to the fullest extent permitted by law, the defense of an inconvenient forum to the maintenance of such action or proceeding in any such court.
(d) Each party to this Agreement irrevocably consents to service of process in the manner provided for notices in Section 8.01. Each Foreign Borrower irrevocably designates and appoints the Borrower Representative, as its authorized agent, to accept and acknowledge on its behalf, service of any and all process which may be served in any suit, action or proceeding of the nature referred to in Section 8.09(b) in any Federal or New York State court sitting in New York County, New York. The Borrower Representative hereby represents, warrants and confirms that the Borrower Representative has agreed to accept such appointment (and any similar appointment by a Foreign Guarantor). Said designation and appointment shall be
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irrevocable by each such Foreign Borrower until all Loans, all reimbursement obligations, interest thereon and all other amounts payable by such Foreign Borrower hereunder and under the other Loan Documents shall have been paid in full in accordance with the provisions hereof and thereof. Each Foreign Borrower and each Foreign Guarantor hereby consents to process being served in any suit, action or proceeding of the nature referred to in Section 8.09(b) in any Federal or New York State court sitting in New York County, New York by service of process upon the Borrower Representative as provided in this Section 8.09(d). Each Foreign Borrower and each Foreign Guarantor irrevocably waives, to the fullest extent permitted by law, all claim of error by reason of any such service in such manner and agrees that such service shall be deemed in every respect effective service of process upon such Foreign Borrower or such Foreign Guarantor in any such suit, action or proceeding and shall, to the fullest extent permitted by law, be taken and held to be valid and personal service upon and personal delivery to such Foreign Borrower or such Foreign Guarantor, as applicable. To the extent any Foreign Borrower or any Foreign Guarantor has or hereafter may acquire any immunity from jurisdiction of any court or from any legal process (whether from service or notice, attachment prior to judgment, attachment in aid of execution of a judgment, execution or otherwise), each Foreign Borrower and each Foreign Guarantor hereby irrevocably waives such immunity in respect of its obligations under the Loan Documents. Nothing in this Agreement or any other Loan Document will affect the right of any party to this Agreement to serve process in any other manner permitted by law.
Section 8.10 WAIVER OF JURY TRIAL. EACH PARTY HERETO HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT, ANY OTHER LOAN DOCUMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT (INCLUDING ANY ATTORNEY) OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.
Section 8.11 Headings. Article and Section headings and the Table of Contents used herein are for convenience of reference only, are not part of this Agreement and shall not affect the construction of, or be taken into consideration in interpreting, this Agreement.
Section 8.12 Confidentiality. Each of the Agents, the Issuing Bank and the Lenders agrees to maintain the confidentiality of the Information (as defined below), except that Information may be disclosed (a) to its and its Affiliates directors, officers, employees and agents, including accountants, legal counsel and other advisors (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential, and that any Agent, the Issuing Bank and any Lender shall be responsible for the compliance with this paragraph by any Persons to whom such Information was delivered by such Agent, Issuing Bank or Lender), (b) to the
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extent requested or required by any Governmental Authority (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (c) to the extent required by any Requirement of Law or by any subpoena or similar legal process (in which case, to the extent permitted by law, the party in receipt of such request shall promptly inform the Borrower Representative thereof), (d) to any other party to this Agreement, (e) in connection with the exercise of any remedies under this Agreement or any other Loan Document or any suit, action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (f) subject to an agreement containing provisions substantially the same as those of this Section, to (i) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or (ii) any actual or prospective counterparty (or its advisors) to any swap or derivative transaction relating to the Loan Parties and their obligations, (g) with the consent of the Borrower Representative or (h) to the extent such Information (i) becomes publicly available other than as a result of a breach of this Section or (ii) becomes available to any Agent, the Issuing Bank or any Lender on a non-confidential basis from a source other than the Borrowers. For the purposes of this Section, Information means all information received from the Borrowers and their Subsidiaries relating to the Borrowers, their Subsidiaries or their business, other than any such information that is available to any Agent, the Issuing Bank or any Lender on a non-confidential basis prior to disclosure by the Borrowers or their Subsidiaries and other than information pertaining to this Agreement provided by arrangers to data service providers, including league table providers, that serve the lending industry; provided that, in the case of information received from the Borrowers after the date hereof, such information is clearly identified at the time of delivery as confidential. Any Person required to maintain the confidentiality of Information as provided in this Section shall be considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential information.
EACH LENDER ACKNOWLEDGES THAT INFORMATION AS DEFINED IN THIS SECTION 8.12 FURNISHED TO IT PURSUANT TO THIS AGREEMENT MAY INCLUDE MATERIAL NON-PUBLIC INFORMATION CONCERNING THE BORROWERS, THE OTHER LOAN PARTIES AND THEIR RELATED PARTIES OR THEIR RESPECTIVE SECURITIES, AND CONFIRMS THAT IT HAS DEVELOPED COMPLIANCE PROCEDURES REGARDING THE USE OF MATERIAL NON-PUBLIC INFORMATION AND THAT IT WILL HANDLE SUCH MATERIAL NON-PUBLIC INFORMATION IN ACCORDANCE WITH THOSE PROCEDURES AND APPLICABLE LAW, INCLUDING FEDERAL AND STATE SECURITIES LAWS.
ALL INFORMATION, INCLUDING REQUESTS FOR WAIVERS AND AMENDMENTS, FURNISHED BY THE BORROWERS OR THE ADMINISTRATIVE AGENT PURSUANT TO, OR IN THE COURSE OF ADMINISTERING, THIS AGREEMENT WILL BE SYNDICATE-LEVEL INFORMATION, WHICH MAY CONTAIN MATERIAL NON-PUBLIC INFORMATION ABOUT THE BORROWERS, THE OTHER LOAN PARTIES AND THEIR RELATED PARTIES OR THEIR RESPECTIVE SECURITIES. ACCORDINGLY, EACH LENDER REPRESENTS TO THE BORROWERS AND THE ADMINISTRATIVE AGENT THAT IT HAS IDENTIFIED IN ITS ADMINISTRATIVE QUESTIONNAIRE A CREDIT CONTACT
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WHO MAY RECEIVE INFORMATION THAT MAY CONTAIN MATERIAL NON-PUBLIC INFORMATION IN ACCORDANCE WITH ITS COMPLIANCE PROCEDURES AND APPLICABLE LAW, INCLUDING FEDERAL AND STATE SECURITIES LAWS.
Section 8.13 Several Obligations; Nonreliance; Violation of Law. The respective obligations of the Lenders hereunder are several and not joint and the failure of any Lender to make any Loan or perform any of its obligations hereunder shall not relieve any other Lender from any of its obligations hereunder. Each Lender hereby represents that it is not relying on or looking to any margin stock (as defined in Regulation U of the Board) for the repayment of the Borrowings provided for herein. Anything contained in this Agreement to the contrary notwithstanding, neither the Issuing Bank nor any Lender shall be obligated to extend credit to the Borrowers in violation of any Requirement of Law.
Section 8.14 USA PATRIOT Act. Each Lender that is subject to the requirements of the USA PATRIOT Act hereby notifies each Loan Party that pursuant to the requirements of the USA PATRIOT Act, it is required to obtain, verify and record information that identifies such Loan Party, which information includes the name and address of such Loan Party and other information that will allow such Lender to identify such Loan Party in accordance with the USA PATRIOT Act.
Section 8.15 Canadian Anti-Money Laundering Legislation.
(a) Each Loan Party acknowledges that, pursuant to the Proceeds of Crime Act and other applicable anti-money laundering, anti-terrorist financing, government sanction and know your client laws (collectively, including any guidelines or orders thereunder, AML Legislation), the Lenders may be required to obtain, verify and record information regarding the Loan Parties and their respective directors, authorized signing officers, direct or indirect shareholders or other Persons in control of the Loan Parties, and the transactions contemplated hereby. Each Loan Party shall promptly provide all such information, including supporting documentation and other evidence, as may be reasonably requested by any Lender or any prospective assignee or participant of a Lender, any Issuing Bank or any Agent, in order to comply with any applicable AML Legislation, whether now or hereafter in existence.
(b) If the Administrative Agent has ascertained the identity of any Loan Party or any authorized signatories of the Loan Parties for the purposes of applicable AML Legislation, then the Administrative Agent:
(i) shall be deemed to have done so as an agent for each Lender, and this Agreement shall constitute a written agreement in such regard between each Lender and the Administrative Agent within the meaning of the applicable AML Legislation; and
(ii) shall provide to each Lender copies of all information obtained in such regard without any representation or warranty as to its accuracy or completeness.
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Notwithstanding the preceding sentence and except as may otherwise be agreed in writing, each of the Lenders agrees that neither the Administrative Agent nor any other Agent has any obligation to ascertain the identity of the Loan Parties or any authorized signatories of the Loan Parties on behalf of any Lender, or to confirm the completeness or accuracy of any information it obtains from any Loan Party or any such authorized signatory in doing so.
Section 8.16 Disclosure. Each Loan Party, each Lender and the Issuing Bank hereby acknowledge and agree that the Administrative Agent and/or its Affiliates from time to time may hold investments in, make other loans to or have other relationships with any of the Loan Parties and their respective Affiliates. In addition, each Loan Party and each Lender hereby acknowledge that JPMCB has also made the Second Lien Loan to the U.S. Borrower.
Section 8.17 Interest Rate Limitation.
(a) Notwithstanding anything herein to the contrary, if at any time the interest rate applicable to any Loan, together with all fees, charges and other amounts which are treated as interest on such Loan under applicable law (collectively the Charges), shall exceed the maximum lawful rate (the Maximum Rate) which may be contracted for, charged, taken, received or reserved by the Lender holding such Loan in accordance with applicable law, the rate of interest payable in respect of such Loan hereunder, together with all Charges payable in respect thereof, shall be limited to the Maximum Rate and, to the extent lawful, the interest and Charges that would have been payable in respect of such Loan but were not payable as a result of the operation of this Section shall be cumulated and the interest and Charges payable to such Lender in respect of other Loans or periods shall be increased (but not above the Maximum Rate therefor) until such cumulated amount, together with interest thereon at the Federal Funds Effective Rate to the date of repayment, shall have been received by such Lender.
(b) If any provision of this Agreement or of any of the other Loan Documents would obligate any Loan Party to make any payment of interest or other amount payable to the Lenders in an amount or calculated at a rate which would be prohibited by law or would result in a receipt by the Lenders of interest at a criminal rate (as such terms are construed under the Criminal Code (Canada)) then, notwithstanding such provisions, such amount or rate shall be deemed to have been adjusted with retroactive effect to the maximum amount or rate of interest, as the case may be, as would not be so prohibited by law or so result in a receipt by the Lenders of interest at a criminal rate, such adjustment to be effected, to the extent necessary, as follows: (i) first, by reducing the amount or rate of interest required to be paid to the Lenders under this Agreement, and (ii) second, by reducing any fees, commissions, premiums and other amounts required to be paid to the Lenders which would constitute interest for purposes of Section 347 of the Criminal Code (Canada). Notwithstanding the foregoing, and after giving effect to all adjustments contemplated thereby, if the Lenders shall have received an amount in excess of the maximum permitted by that section of the Criminal Code (Canada), the Loan Parties shall be entitled, by notice in writing to the Administrative Agent, to obtain reimbursement from the Lenders in an amount equal to such excess and, pending such reimbursement, such amount shall be deemed to be an amount payable by the Lenders to the Borrowers. Any amount or rate of interest referred to in this Agreement shall be determined in accordance with generally accepted actuarial practices and principles as an effective annual rate of interest over the term that the applicable Loan remains outstanding on the assumption that any charges, fees or expenses that fall within the meaning of interest (as defined in the Criminal Code (Canada)) shall, if they relate to a specific period of time, be pro-rated over that period of time and otherwise be pro-rated over the period from the Effective Date to the Maturity Date and, in the event of a dispute, a certificate of a Fellow of the Canadian Institute of Actuaries appointed by the Administrative Agent shall be conclusive for the purposes of such determination.
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Section 8.18 No Advisory or Fiduciary Responsibility. In connection with all aspects of each transaction contemplated hereby (including in connection with any amendment, waiver or other modification hereof or of any other Loan Document), each Borrower acknowledges and agrees that: (a) (i) the arranging and other services regarding this Agreement provided by the Lenders are arms-length commercial transactions between such Borrower and its Affiliates, on the one hand, and the Lenders and their Affiliates, on the other hand, (ii) each Borrower has consulted its own legal, accounting, regulatory and tax advisors to the extent it has deemed appropriate, and (iii) each Borrower is capable of evaluating, and understands and accepts, the terms, risks and conditions of the transactions contemplated hereby and by the other Loan Documents; (b) (i) each of the Lenders and their Affiliates is and has been acting solely as a principal and, except as expressly agreed in writing by the relevant parties, has not been, is not, and will not be acting as an advisor, agent or fiduciary for such Borrower or any of its Affiliates, or any other Person and (ii) no Lender or any of its Affiliates has any obligation to such Borrower or any of its Affiliates with respect to the transactions contemplated hereby except, in the case of a Lender, those obligations expressly set forth herein and in the other Loan Documents; and (c) each of the Lenders and their respective Affiliates may be engaged in a broad range of transactions that involve interests that differ from those of such Borrower and its Affiliates, and no Lender or any of its Affiliates has any obligation to disclose any of such interests to such Borrower or its Affiliates. To the fullest extent permitted by law, each Borrower hereby waives and releases any claims that it may have against each of the Lenders and their Affiliates with respect to any breach or alleged breach of agency or fiduciary duty in connection with any aspect of any transaction contemplated hereby.
Section 8.19 Marketing Consent. After first consulting the Borrower Representative, JPMCB and its affiliates (collectively, the JPMCB Parties), at their respective sole expense, may publish such tombstones and give such other publicity to this Agreement as each may from time to time determine in its sole discretion. The foregoing authorization shall remain in effect unless and until the Borrower Representative notifies JPMCB in writing that such authorization is revoked.
Section 8.20 Acknowledgment and Consent to Bail-In of EEA Financial Institutions. Notwithstanding anything to the contrary in any Loan Document or in any other agreement, arrangement or understanding among any such parties, each party hereto acknowledges that any liability of any EEA Financial Institution arising under any Loan Document may be subject to the write-down and conversion powers of an EEA Resolution Authority and agrees and consents to, and acknowledges and agrees to be bound by:
(a) the application of any Write-Down and Conversion Powers by an EEA Resolution Authority to any such liabilities arising hereunder which may be payable to it by any party hereto that is an EEA Financial Institution; and
(b) the effects of any Bail-In Action on any such liability, including, if applicable:
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(i) a reduction in full or in part or cancellation of any such liability;
(ii) a conversion of all, or a portion of, such liability into shares or other instruments of ownership in such EEA Financial Institution, its parent entity, or a bridge institution that may be issued to it or otherwise conferred on it, and that such shares or other instruments of ownership will be accepted by it in lieu of any rights with respect to any such liability under this Agreement or any other Loan Document; or
(iii) the variation of the terms of such liability in connection with the exercise of the write-down and conversion powers of any EEA Resolution Authority.
Section 8.21 Intercreditor Agreement. Each of the Lenders hereby acknowledges that it has received and reviewed the Intercreditor Agreement and agrees to be bound by the terms thereof as if such Lender was a signatory thereto. Each Lender (and each Person that becomes a Lender hereunder pursuant to Section 8.04) hereby (a) acknowledges that (i) JPMCB is acting under the Intercreditor Agreement as the Second Priority Secured Party, (ii) Bank of America, N.A. (in its capacity as U.S. Collateral Agent) and JPMCB (in its capacity as the Administrative Agent) are acting under the Intercreditor Agreement as the First Priority Collateral Agent and the First Priority Representative, respectively, and (iii) JPMCB is or may be a Lender hereunder and/or the Second Lien Lender under the Second Lien Credit Agreement and (b) waives any conflict of interest, now contemplated or arising hereafter, in connection therewith and agrees not to assert against any Agent or the Second Lien Collateral Agent any claims, cause of action, damages or liabilities of whatever kind or nature relating thereto. Each Lender (and each Person that becomes a Lender hereunder pursuant to Section 8.04) hereby authorizes and directs the Agent to enter into the Intercreditor Agreement on behalf of such Lender and agrees that each of the Second Priority Secured Party and the Agents, in their various capacities thereunder, may take such actions on its behalf as is contemplated by the terms of the Intercreditor Agreement.
Section 8.22 Limitation on Subsidiaries. Notwithstanding anything in this Agreement (including, without limitation, Article IX and Article X) to the contrary, (a) no Foreign Subsidiary or any Domestic Subsidiary owned directly or indirectly by such Foreign Subsidiary shall be the primary obligor or guarantor (pursuant to Section 9.01, Section 10.01 or otherwise) or pledgor of any assets or otherwise responsible for, in each case, any Secured Obligations incurred by or on behalf of any U.S. Loan Party and (b) no Foreign Subsidiary or any Domestic Subsidiary owned directly or indirectly by such Foreign Subsidiary shall be liable hereunder for any of the Loans made to, or any other Secured Obligations incurred by or on behalf of, any U.S. Loan Party.
Section 8.23 Replacement/Restatement of the Existing Credit Agreement; Release.
(a) Amendment, Restatement and Ratification. This Agreement amends and restates in its entirety the Existing Credit Agreement. The execution of this Agreement and the other Loan Documents executed in connection herewith does not extinguish the indebtedness outstanding in connection with the Existing Credit Agreement nor does it constitute a novation with respect to such indebtedness. The U.S. Borrower, the Agents and the Lenders ratify and confirm each of the Loan Documents entered into prior to the Effective Date (but excluding the Existing Credit Agreement) and agree that (i) such Loan Documents continue to be legal, valid,
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binding and enforceable in accordance with their respective terms and (ii) the Liens securing the Obligations under and as defined in the Existing Credit Agreement shall not be extinguished, but shall be carried forward and shall secure such obligations and indebtedness as renewed, amended, restated and modified hereby. However, for all matters arising prior to the Effective Date (including, without limitation, the accrual and payment of interest and fees, and matters relating to indemnification), the terms of the Existing Credit Agreement (as unmodified by this Agreement) shall control and are hereby ratified and confirmed.
(b) Release. EACH U.S. LOAN PARTY REPRESENTS AND WARRANTS THAT AS OF THE EFFECTIVE DATE THERE ARE NO CLAIMS OR OFFSETS AGAINST, OR DEFENSES OR COUNTERCLAIMS TO, ITS OBLIGATIONS UNDER THE EXISTING CREDIT AGREEMENT, AS AMENDED AND RESTATED BY THIS AGREEMENT, OR UNDER THE OTHER RELATED LOAN DOCUMENTS. TO INDUCE THE AGENTS AND THE LENDERS TO ENTER INTO THIS AGREEMENT, EACH U.S. LOAN PARTY WAIVES ANY AND ALL SUCH CLAIMS, OFFSETS, DEFENSES, OR COUNTERCLAIMS, WHETHER KNOWN OR UNKNOWN, ARISING PRIOR TO THE EFFECTIVE DATE AND RELATING TO THE EXISTING CREDIT AGREEMENT OR THE RELATED LOAN DOCUMENTS.
Section 8.24 Application under CCAA. Each Canadian Loan Party acknowledges that its business and financial relationships with the Administrative Agent and Lenders are unique from its relationship with any of its other creditors. Each Canadian Loan Party agrees that it shall not file any plan of arrangement under the Companies Creditors Arrangement Act (the CCAA Plan) which provides for, or would permit, directly or indirectly, the Administrative Agent or the Lenders to be classified in the same class with any other creditor of the Canadian Loan Parties for purposes of such CCAA Plan.
ARTICLE IX
Loan Guaranty of the U.S. Loan Parties
Section 9.01 Guaranty. Each Loan Guarantor that is a U.S. Loan Party (each reference to Loan Guarantors in this Article IX being limited to such U.S. Loan Parties) (other than those that have delivered a separate Guaranty) hereby agrees that it is jointly and severally liable for, and, as a primary obligor and not merely as surety, absolutely, unconditionally and irrevocably guarantees to the Secured Parties, the prompt payment when due, whether at stated maturity, upon acceleration or otherwise, and at all times thereafter, of the Secured Obligations and all costs and expenses, including, without limitation, all court costs and attorneys and paralegals fees (including allocated costs of in-house counsel and paralegals) and expenses paid or incurred by the Agents, the Issuing Bank and the Lenders in endeavoring to collect all or any part of the Secured Obligations from, or in prosecuting any action against, any Borrower, any Loan Guarantor or any other guarantor of all or any part of the Secured Obligations (such costs and expenses, together with the Secured Obligations, collectively the Guaranteed Obligations; provided, however, that the definition of Guaranteed Obligations shall not create any guarantee by any Loan Guarantor of (or grant of security interest by any Loan Guarantor to support, as applicable) any Excluded Swap Obligations of such Loan Guarantor for purposes of determining any obligations of any Loan Guarantor). Each Loan Guarantor further agrees that
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the Guaranteed Obligations may be extended or renewed in whole or in part without notice to or further assent from it, and that it remains bound upon its guarantee notwithstanding any such extension or renewal. All terms of this Loan Guaranty apply to and may be enforced by or on behalf of any domestic or foreign branch or Affiliate of any Lender that extended any portion of the Guaranteed Obligations.
Section 9.02 Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require any Agent, the Issuing Bank or any Lender to sue any Borrower, any Loan Guarantor, any other guarantor of, or any other Person obligated for all or any part of the Guaranteed Obligations (each, an Obligated Party), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.
Section 9.03 No Discharge or Diminishment of Loan Guaranty. (a) Except as otherwise provided for herein, the obligations of each Loan Guarantor hereunder are unconditional and absolute and not subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Guaranteed Obligations (other than Unliquidated Obligations)), including: (i) any claim of waiver, release, extension, renewal, settlement, surrender, alteration, or compromise of any of the Guaranteed Obligations, by operation of law or otherwise; (ii) any change in the corporate existence, structure or ownership of any Borrower or any other Obligated Party liable for any of the Guaranteed Obligations; (iii) any insolvency, bankruptcy, reorganization or other similar proceeding affecting any Obligated Party, or their assets or any resulting release or discharge of any obligation of any Obligated Party; or (iv) the existence of any claim, setoff or other rights which any Loan Guarantor may have at any time against any Obligated Party, any Agent, the Issuing Bank, any Lender, or any other Person, whether in connection herewith or in any unrelated transactions.
(b) The obligations of each Loan Guarantor hereunder are not subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of any of the Guaranteed Obligations or otherwise, or any provision of applicable law or regulation purporting to prohibit payment by any Obligated Party, of the Guaranteed Obligations or any part thereof.
(c) Further, the obligations of any Loan Guarantor hereunder are not discharged or impaired or otherwise affected by: (i) the failure of any Agent, the Issuing Bank or any Lender to assert any claim or demand or to enforce any remedy with respect to all or any part of the Guaranteed Obligations; (ii) any waiver or modification of or supplement to any provision of any agreement relating to the Guaranteed Obligations; (iii) any release, non-perfection, or invalidity of any indirect or direct security for the obligations of any Borrower for all or any part of the Guaranteed Obligations or any obligations of any other Obligated Party liable for any of the Guaranteed Obligations; (iv) any action or failure to act by any Agent, the Issuing Bank or any Lender with respect to any collateral securing any part of the Guaranteed Obligations; or (v) any default, failure or delay, willful or otherwise, in the payment or performance of any of the Guaranteed Obligations, or any other circumstance, act, omission or delay that might in any manner or to any extent vary the risk of such Loan Guarantor or that would otherwise operate as a discharge of any Loan Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of the Guaranteed Obligations (other than the Unliquidated Obligations)).
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Section 9.04 Defenses Waived. To the fullest extent permitted by applicable law, each Loan Guarantor hereby waives any defense based on or arising out of any defense of any Borrower or any Loan Guarantor or the unenforceability of all or any part of the Guaranteed Obligations from any cause, or the cessation from any cause of the liability of any Borrower, any Loan Guarantor or any other Obligated Party, other than the indefeasible payment in full in cash of the Guaranteed Obligations (other than Unliquidated Obligations). Without limiting the generality of the foregoing, each Loan Guarantor irrevocably waives acceptance hereof, presentment, demand, protest and, to the fullest extent permitted by law, any notice not provided for herein, as well as any requirement that at any time any action be taken by any Person against any Obligated Party, or any other Person. Each Loan Guarantor confirms that it is not a surety under any state law and shall not raise any such law as a defense to its obligations hereunder. The Administrative Agent or the U.S. Collateral Agent, as applicable, may, at its election, foreclose on any Collateral held by it by one or more judicial or nonjudicial sales, accept an assignment of any such Collateral in lieu of foreclosure or otherwise act or fail to act with respect to any collateral securing all or a part of the Guaranteed Obligations, compromise or adjust any part of the Guaranteed Obligations, make any other accommodation with any Obligated Party or exercise any other right or remedy available to it against any Obligated Party, without affecting or impairing in any way the liability of such Loan Guarantor under this Loan Guaranty except to the extent the Guaranteed Obligations have been fully and indefeasibly paid in cash (other than Unliquidated Obligations). To the fullest extent permitted by applicable law, each Loan Guarantor waives any defense arising out of any such election even though that election may operate, pursuant to applicable law, to impair or extinguish any right of reimbursement or subrogation or other right or remedy of any Loan Guarantor against any Obligated Party or any security.
Section 9.05 Rights of Subrogation. No Loan Guarantor will assert any right, claim or cause of action, including, without limitation, a claim of subrogation, contribution or indemnification that it has against any Obligated Party, or any collateral, in each case with respect to any payment hereunder, until the Loan Parties and the Loan Guarantors have fully performed all their obligations to the Agents, the Issuing Bank and the Lenders.
Section 9.06 Reinstatement; Stay of Acceleration. If at any time any payment of any portion of the Guaranteed Obligations (including a payment effected through exercise of a right of setoff) is rescinded, or must otherwise be restored or returned upon the insolvency, bankruptcy or reorganization of any Borrower or otherwise (including pursuant to any settlement entered into by a Secured Party in its discretion), each Loan Guarantors obligations under this Loan Guaranty with respect to that payment shall be reinstated at such time as though the payment had not been made and whether or not the Agents, the Issuing Bank and the Lenders are in possession of this Loan Guaranty. If acceleration of the time for payment of any of the Guaranteed Obligations is stayed upon the insolvency, bankruptcy or reorganization of any Borrower, all such amounts otherwise subject to acceleration under the terms of any agreement relating to the Guaranteed Obligations shall nonetheless be payable by the Loan Guarantors forthwith on demand by the Administrative Agent.
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Section 9.07 Information. Each Loan Guarantor assumes all responsibility for being and keeping itself informed of each Borrowers financial condition and assets, and of all other circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations and the nature, scope and extent of the risks that each Loan Guarantor assumes and incurs under this Loan Guaranty, and agrees that none of the Agents, the Issuing Bank or any Lender shall have any duty to advise any Loan Guarantor of information known to it regarding those circumstances or risks.
Section 9.08 Termination. Each of the Lenders and the Issuing Bank may continue to make loans or extend credit to the Borrowers based on this Loan Guaranty until five (5) days after it receives written notice of termination from any Loan Guarantor. Notwithstanding receipt of any such notice, each Loan Guarantor will continue to be liable to the Lenders for any Guaranteed Obligations created, assumed or committed to prior to the fifth day after receipt of the notice, and all subsequent renewals, extensions, modifications and amendments with respect to, or substitutions for, all or any part of such Guaranteed Obligations. Nothing in this Section 9.08 shall be deemed to constitute a waiver of, or eliminate, limit, reduce or otherwise impair any rights or remedies any Agent or any Lender may have in respect of, any Default or Event of Default that may exist under Section 6.01(k) hereof as a result of any such notice of termination.
Section 9.09 Taxes. Each payment of the Guaranteed Obligations will be made by each Loan Guarantor without withholding for any Taxes, unless such withholding is required by law. If any Loan Guarantor determines, in its sole discretion exercised in good faith, that it is so required to withhold Taxes, then such Loan Guarantor may so withhold and shall timely pay the full amount of withheld Taxes to the relevant Governmental Authority in accordance with applicable law. If such Taxes are Indemnified Taxes, then the amount payable by such Loan Guarantor shall be increased as necessary so that, net of such withholding (including such withholding applicable to additional amounts payable under this Section), the applicable Agent, Lender or Issuing Bank (as the case may be) receives the amount it would have received had no such withholding been made.
Section 9.10 Maximum Liability. Notwithstanding any other provision of this Loan Guaranty, the amount guaranteed by each Loan Guarantor hereunder shall be limited to the extent, if any, required so that its obligations hereunder shall not be subject to avoidance under Section 548 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law. In determining the limitations, if any, on the amount of any Loan Guarantors obligations hereunder pursuant to the preceding sentence, it is the intention of the parties hereto that any rights of subrogation, indemnification or contribution which such Loan Guarantor may have under this Loan Guaranty, any other agreement or applicable law shall be taken into account.
Section 9.11 Contribution.
(a) To the extent that any Loan Guarantor shall make a payment under this Loan Guaranty (a Guarantor Payment) which, taking into account all other Guarantor Payments then previously or concurrently made by any other Loan Guarantor, exceeds the amount which otherwise would have been paid by or attributable to such Loan Guarantor if each
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Loan Guarantor had paid the aggregate Guaranteed Obligations satisfied by such Guarantor Payment in the same proportion as such Loan Guarantors Allocable Amount (as defined below) (as determined immediately prior to such Guarantor Payment) bore to the aggregate Allocable Amounts of each of the Loan Guarantors as determined immediately prior to the making of such Guarantor Payment, then, following indefeasible payment in full in cash of the Guarantor Payment and the Guaranteed Obligations (other than Unliquidated Obligations that have not yet arisen), and all Commitments and Letters of Credit have terminated or expired or, in the case of all Letters of Credit, are fully collateralized on terms reasonably acceptable to the Administrative Agent and the Issuing Bank, and this Agreement has terminated, such Loan Guarantor shall be entitled to receive contribution and indemnification payments from, and be reimbursed by, each other Loan Guarantor for the amount of such excess, pro rata based upon their respective Allocable Amounts in effect immediately prior to such Guarantor Payment.
(b) As of any date of determination, the Allocable Amount of any Loan Guarantor shall be equal to the excess of the fair saleable value of the property of such Loan Guarantor over the total liabilities of such Loan Guarantor (including the maximum amount reasonably expected to become due in respect of contingent liabilities, calculated, without duplication, assuming each other Loan Guarantor that is also liable for such contingent liability pays its ratable share thereof), giving effect to all payments made by other Loan Guarantors as of such date in a manner to maximize the amount of such contributions.
(c) This Section 9.11 is intended only to define the relative rights of the Loan Guarantors, and nothing set forth in this Section 9.11 is intended to or shall impair the obligations of the Loan Guarantors, jointly and severally, to pay any amounts as and when the same shall become due and payable in accordance with the terms of this Loan Guaranty.
(d) The parties hereto acknowledge that the rights of contribution and indemnification hereunder shall constitute assets of the Loan Guarantor or Loan Guarantors to which such contribution and indemnification is owing.
(e) The rights of the indemnifying Loan Guarantors against other Loan Guarantors under this Section 9.11 shall be exercisable upon the full and indefeasible payment of the Guaranteed Obligations in cash (other than Unliquidated Obligations that have not yet arisen) and the termination or expiry (or, in the case of all Letters of Credit, full cash collateralization), on terms reasonably acceptable to the Administrative Agent and the Issuing Bank, of the Commitments and all Letters of Credit issued hereunder and the termination of this Agreement.
Section 9.12 Liability Cumulative. The liability of each Loan Party as a Loan Guarantor under this Article IX is in addition to and shall be cumulative with all liabilities of each Loan Party to the Agents, the Issuing Bank and the Lenders under this Agreement and the other Loan Documents to which such Loan Party is a party or in respect of any obligations or liabilities of the other Loan Parties, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Section 9.13 Keepwell. Each Qualified ECP Guarantor that is a Loan Guarantor under this Article IX hereby jointly and severally absolutely, unconditionally and irrevocably undertakes to provide such funds or other support as may be needed from time to time by each
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other Loan Party to honor all of its obligations under this Loan Guaranty in respect of a Swap Obligation (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 9.13 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 9.13 or otherwise under this Loan Guaranty voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the obligations of each Qualified ECP Guarantor under this Section 9.13 shall remain in full force and effect until the termination of all Swap Obligations. Each Qualified ECP Guarantor intends that this Section 9.13 constitute, and this Section 9.13 shall be deemed to constitute, a keepwell, support, or other agreement for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.
ARTICLE X
Loan Guaranty of Foreign Loan Parties
Section 10.01 Guaranty. Subject to Section 10.14 and Section 10.15 hereof, each Loan Guarantor that is a Foreign Loan Party (each reference to Loan Guarantors in this Article X being limited to such Foreign Loan Parties) hereby agrees that it is jointly and severally liable for, and, as a primary obligor and not merely as surety, absolutely, unconditionally and irrevocably guarantees to the Secured Parties, the prompt payment when due, whether at stated maturity, upon acceleration or otherwise, and at all times thereafter, of the Foreign Secured Obligations, and all costs and expenses, including, without limitation, all court costs and attorneys and paralegals fees (including allocated costs of in-house counsel and paralegals) and expenses paid or incurred by the Administrative Agent, the Issuing Bank and the Lenders in endeavoring to collect all or any part of the Foreign Secured Obligations from, or in prosecuting any action against, any Foreign Borrower, any Loan Guarantor or any other guarantor of all or any part of the Foreign Secured Obligations (such costs and expenses, together with the Foreign Secured Obligations, collectively the Guaranteed Obligations; provided, however, that the definition of Guaranteed Obligations shall not create any guarantee by any Loan Guarantor of (or grant of security interest by any Loan Guarantor to support, as applicable) any Excluded Swap Obligations of such Loan Guarantor for purposes of determining any obligations of any Loan Guarantor). Each Loan Guarantor further agrees that the Guaranteed Obligations may be extended or renewed in whole or in part without notice to or further assent from it, and that it remains bound upon its guarantee notwithstanding any such extension or renewal. All terms of this Loan Guaranty apply to and may be enforced by or on behalf of any domestic or foreign branch or Affiliate of any Lender that extended any portion of the Guaranteed Obligations.
Section 10.02 Guaranty of Payment. This Loan Guaranty is a guaranty of payment and not of collection. Each Loan Guarantor waives any right to require the Administrative Agent, the Issuing Bank or any Lender to sue any Borrower, any Loan Guarantor, any other guarantor of, or any other Person obligated for, all or any part of the Guaranteed Obligations (each, an Obligated Party), or otherwise to enforce its payment against any collateral securing all or any part of the Guaranteed Obligations.
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Section 10.03 No Discharge or Diminishment of Loan Guaranty. (a) Except as otherwise provided for herein, the obligations of each Loan Guarantor hereunder are unconditional and absolute and not subject to any reduction, limitation, impairment or termination for any reason (other than the indefeasible payment in full in cash of the Guaranteed Obligations (other than Unliquidated Obligations)), including: (i) any claim of waiver, release, extension, renewal, settlement, surrender, alteration or compromise of any of the Guaranteed Obligations, by operation of law or otherwise; (ii) any change in the corporate existence, structure or ownership of any Borrower or any other Obligated Party liable for any of the Guaranteed Obligations; (iii) any insolvency, bankruptcy, reorganization or other similar proceeding affecting any Obligated Party or their assets or any resulting release or discharge of any obligation of any Obligated Party; or (iv) the existence of any claim, setoff or other rights which any Loan Guarantor may have at any time against any Obligated Party, the Administrative Agent, the Issuing Bank, any Lender or any other Person, whether in connection herewith or in any unrelated transactions.
(b) The obligations of each Loan Guarantor hereunder are not subject to any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality or unenforceability of any of the Guaranteed Obligations or otherwise, or any provision of applicable law or regulation purporting to prohibit payment by any Obligated Party, of the Guaranteed Obligations or any part thereof.
(c) Further, the obligations of any Loan Guarantor hereunder are not discharged or impaired or otherwise affected by: (i) the failure of the Administrative Agent, the Issuing Bank or any Lender to assert any claim or demand or to enforce any remedy with respect to all or any part of the Guaranteed Obligations; (ii) any waiver or modification of or supplement to any provision of any agreement relating to the Guaranteed Obligations; (iii) any release, non-perfection or invalidity of any indirect or direct security for the obligations of any Borrower for all or any part of the Guaranteed Obligations or any obligations of any other Obligated Party liable for any of the Guaranteed Obligations; (iv) any action or failure to act by the Administrative Agent, the Issuing Bank or any Lender with respect to any collateral securing any part of the Guaranteed Obligations; or (v) any default, failure or delay, willful or otherwise, in the payment or performance of any of the Guaranteed Obligations, or any other circumstance, act, omission or delay that might in any manner or to any extent vary the risk of such Loan Guarantor or that would otherwise operate as a discharge of any Loan Guarantor as a matter of law or equity (other than the indefeasible payment in full in cash of the Guaranteed Obligations (other than Unliquidated Obligations)).
Section 10.04 Defenses Waived. To the fullest extent permitted by applicable law, each Loan Guarantor hereby waives any defense based on or arising out of any defense of any Borrower or any Loan Guarantor or the unenforceability of all or any part of the Guaranteed Obligations from any cause, or the cessation from any cause of the liability of any Borrower, any Loan Guarantor or any other Obligated Party, other than the indefeasible payment in full in cash of the Guaranteed Obligations (other than the Unliquidated Obligations). Without limiting the generality of the foregoing, each Loan Guarantor irrevocably waives acceptance hereof, presentment, demand, protest and, to the fullest extent permitted by law, any notice not provided for herein, as well as any requirement that at any time any action be taken by any Person against any Obligated Party or any other Person. Each Loan Guarantor confirms that it is not a surety under any state law and shall not raise any such law as a defense to its obligations hereunder. The Administrative Agent may, at its election, foreclose on any Collateral held by it by one or
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more judicial or nonjudicial sales, accept an assignment of any such Collateral in lieu of foreclosure or otherwise act or fail to act with respect to any collateral securing all or a part of the Guaranteed Obligations, compromise or adjust any part of the Guaranteed Obligations, make any other accommodation with any Obligated Party or exercise any other right or remedy available to it against any Obligated Party, without affecting or impairing in any way the liability of such Loan Guarantor under this Loan Guaranty except to the extent the Guaranteed Obligations have been fully and indefeasibly paid in cash (other than Unliquidated Obligations). To the fullest extent permitted by applicable law, each Loan Guarantor waives any defense arising out of any such election even though that election may operate, pursuant to applicable law, to impair or extinguish any right of reimbursement or subrogation or other right or remedy of any Loan Guarantor against any Obligated Party or any security.
Section 10.05 Rights of Subrogation. No Loan Guarantor will assert any right, claim or cause of action, including, without limitation, a claim of subrogation, contribution or indemnification that it has against any Obligated Party, or any collateral, in each case with respect to any payment hereunder, until the Loan Parties and the Loan Guarantors have fully performed all their obligations to the Administrative Agent, the Issuing Bank and the Lenders.
Section 10.06 Reinstatement; Stay of Acceleration. If at any time any payment of any portion of the Guaranteed Obligations (including a payment effected through exercise of a right of setoff) is rescinded, or must otherwise be restored or returned upon the insolvency, bankruptcy or reorganization of any Borrower or otherwise (including pursuant to any settlement entered into by a Secured Party in its discretion), each Loan Guarantors obligations under this Loan Guaranty with respect to that payment shall be reinstated at such time as though the payment had not been made and whether or not the Administrative Agent, the Issuing Bank and the Lenders are in possession of this Loan Guaranty. If acceleration of the time for payment of any of the Guaranteed Obligations is stayed upon the insolvency, bankruptcy or reorganization of any Borrower, all such amounts otherwise subject to acceleration under the terms of any agreement relating to the Guaranteed Obligations shall nonetheless be payable by the Loan Guarantors forthwith on demand by the Administrative Agent.
Section 10.07 Information. Each Loan Guarantor assumes all responsibility for being and keeping itself informed of each Borrowers financial condition and assets, and of all other circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations and the nature, scope and extent of the risks that each Loan Guarantor assumes and incurs under this Loan Guaranty, and agrees that neither the Administrative Agent, the Issuing Bank nor any Lender shall have any duty to advise any Loan Guarantor of information known to it regarding those circumstances or risks.
Section 10.08 Termination. Each of the Lenders and the Issuing Bank may continue to make loans or extend credit to any Borrower based on this Loan Guaranty until five (5) days after it receives written notice of termination from any Loan Guarantor. Notwithstanding receipt of any such notice, each Loan Guarantor will continue to be liable to the Lenders for any Guaranteed Obligations created, assumed or committed to prior to the fifth day after receipt of the notice, and all subsequent renewals, extensions, modifications and amendments with respect to, or substitutions for, all or any part of such Guaranteed Obligations. Nothing in this Section 10.08 shall be deemed to constitute a waiver of, or eliminate, limit, reduce or otherwise impair any rights or remedies the Administrative Agent or any Lender may have in respect of, any Default or Event of Default that may exist under Section 6.01(k) hereof as a result of any such notice of termination.
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Section 10.09 Taxes. Each payment of the Guaranteed Obligations will be made by each Loan Guarantor without withholding for any Taxes, unless such withholding is required by law. If any Loan Guarantor determines, in its sole discretion exercised in good faith, that it is so required to withhold Taxes, then such Loan Guarantor may so withhold and shall timely pay the full amount of withheld Taxes to the relevant Governmental Authority in accordance with applicable law. If such Taxes are Indemnified Taxes, then the amount payable by such Loan Guarantor shall be increased as necessary so that, net of such withholding (including such withholding of Indemnified Taxes applicable to additional amounts payable under this Section), the Administrative Agent, Lender or Issuing Bank (as the case may be) receives the amount it would have received had no such withholding been made, whereas with respect to a Swiss Tax Guarantor, the exclusion set forth in Section 2.17(a)(ii) shall apply.
Section 10.10 Maximum Liability. Notwithstanding any other provision of this Loan Guaranty, the amount guaranteed by each Loan Guarantor hereunder shall be limited to the extent, if any, required so that its obligations hereunder shall not be subject to avoidance under Section 548 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law. In determining the limitations, if any, on the amount of any Loan Guarantors obligations hereunder pursuant to the preceding sentence, it is the intention of the parties hereto that any rights of subrogation, indemnification or contribution which such Loan Guarantor may have under this Loan Guaranty, any other agreement or applicable law shall be taken into account.
Section 10.11 Contribution.
(a) To the extent that any Loan Guarantor shall make a payment under this Loan Guaranty (a Guarantor Payment) which, taking into account all other Guarantor Payments then previously or concurrently made by any other Loan Guarantor, exceeds the amount which otherwise would have been paid by or attributable to such Loan Guarantor if each Loan Guarantor had paid the aggregate Guaranteed Obligations satisfied by such Guarantor Payment in the same proportion as such Loan Guarantors Allocable Amount (as defined below) (as determined immediately prior to such Guarantor Payment) bore to the aggregate Allocable Amounts of each of the Loan Guarantors as determined immediately prior to the making of such Guarantor Payment, then, following indefeasible payment in full in cash of the Guarantor Payment and the Guaranteed Obligations (other than Unliquidated Obligations that have not yet arisen), and all Commitments and Letters of Credit have terminated or expired or, in the case of all Letters of Credit, are fully collateralized on terms reasonably acceptable to the Administrative Agent and the Issuing Bank, and this Agreement has terminated, such Loan Guarantor shall be entitled to receive contribution and indemnification payments from, and be reimbursed by, each other Loan Guarantor for the amount of such excess, pro rata based upon their respective Allocable Amounts in effect immediately prior to such Guarantor Payment.
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(b) As of any date of determination, the Allocable Amount of any Loan Guarantor shall be equal to the excess of the fair saleable value of the property of such Loan Guarantor over the total liabilities of such Loan Guarantor (including the maximum amount reasonably expected to become due in respect of contingent liabilities, calculated, without duplication, assuming each other Loan Guarantor that is also liable for such contingent liability pays its ratable share thereof), giving effect to all payments made by other Loan Guarantors as of such date in a manner to maximize the amount of such contributions.
(c) This Section 10.11 is intended only to define the relative rights of the Loan Guarantors, and nothing set forth in this Section 10.11 is intended to or shall impair the obligations of the Loan Guarantors, jointly and severally, to pay any amounts as and when the same shall become due and payable in accordance with the terms of this Loan Guaranty.
(d) The parties hereto acknowledge that the rights of contribution and indemnification hereunder shall constitute assets of the Loan Guarantor or Loan Guarantors to which such contribution and indemnification is owing.
(e) The rights of the indemnifying Loan Guarantors against other Loan Guarantors under this Section 10.11 shall be exercisable upon the full and indefeasible payment of the Guaranteed Obligations in cash (other than Unliquidated Obligations that have not yet arisen) and the termination or expiry (or, in the case of all Letters of Credit, full cash collateralization), on terms reasonably acceptable to the Administrative Agent and the Issuing Bank, of the Commitments and all Letters of Credit issued hereunder and the termination of this Agreement.
Section 10.12 Liability Cumulative. The liability of each Loan Party as a Loan Guarantor under this Article X is in addition to and shall be cumulative with all liabilities of each Loan Party to the Administrative Agent, the Issuing Bank and the Lenders under this Agreement and the other Loan Documents to which such Loan Party is a party or in respect of any obligations or liabilities of the other Loan Parties, without any limitation as to amount, unless the instrument or agreement evidencing or creating such other liability specifically provides to the contrary.
Section 10.13 Keepwell. Each Qualified ECP Guarantor that is a Loan Guarantor under this Article X hereby jointly and severally absolutely, unconditionally and irrevocably undertakes to provide such funds or other support as may be needed from time to time by each other Loan Party that is a Loan Guarantor under this Article X to honor all of its obligations under this Loan Guaranty in respect of a Swap Obligation (provided, however, that each such Qualified ECP Guarantor shall only be liable under this Section 10.13 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 or otherwise under this Loan Guaranty voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the obligations of each such Qualified ECP Guarantor under this Section 10.13 shall remain in full force and effect until the termination of all Swap Obligations. Each Qualified ECP Guarantor that is a Loan Guarantor under this Article X intends that this Section 10.13 constitute, and this Section 10.13 shall be deemed to constitute, a keepwell, support, or other agreement for the benefit of each other Loan Party that is a Loan Guarantor under this Article X for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act. This Section 10.13 is subject to the limitations set forth in Section 8.22.
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Section 10.14 German Guaranty Limitations.
(a) Limitation. The Administrative Agent agrees to restrict the enforcement of the guarantee or any indemnity granted by each German Loan Party pursuant to this Agreement and any joint and several liability assumed hereunder (together, the Security) if and to the extent that (i) such Security secures any liabilities of such German Loan Partys direct or indirect shareholder(s) (upstream) or any entity affiliated to such shareholder (verbundenes Unternehmen) within the meaning of Section 15 of the German Stock Corporation Act (Aktiengesetz) (cross-stream) (other than the liabilities of any of such German Loan Partys Subsidiaries and, for the avoidance of doubt, such German Loan Partys own liabilities incurred on its own behalf and for its own account and excluding liabilities arising from joint liability for obligations incurred by any other Loan Party) and (ii) the enforcement of such Security would cause the amount of such German Loan Partys net assets (Reinvermögen), as adjusted pursuant to the following provisions, to fall below the amount of its registered share capital (Stammkapital) (Begründung einer Unterbilanz) or to increase any already existing capital impairment (Vertiefung einer Unterbilanz) in violation of Sections 30 and 31 of the German Limited Liability Company Act (GmbHG), (each such event is hereinafter referred to as a Capital Impairment). For the purposes of the calculation of a Capital Impairment for any German Loan Party, the following balance sheet items shall be adjusted as follows: (A) the amount of any increase of such German Loan Partys registered share capital after the date of this Agreement that has been effected without prior written consent of the Administrative Agent shall be deducted from such German Loan Partys registered share capital; (B) loans provided to such German Loan Party shall be disregarded if and to the extent such loans are subordinated or are considered subordinated by operation of law; and (C) loans or other contractual liabilities incurred in violation of the provisions of the Loan Documents shall be disregarded.
(b) Disposal of Relevant Assets. In a situation where any German Loan Party would not have sufficient assets to maintain its registered share capital after satisfaction (in whole or in part) of the relevant demand, such German Loan Party shall dispose of all assets, to the extent legally permitted and to the extent necessary to satisfy the amounts demanded under the Security granted by such German Loan Party which are not necessary for its business (nicht betriebsnotwendig) on market terms where the relevant assets are shown in the balance sheet of such German Loan Party with a book value which is significantly lower than the market value of such assets, unless such disposal would not be commercially justifiable, provided that the Administrative Agent consents to the fact that a disposal would not be commercially justifiable.
(c) Management Notification/Auditors Determination.
(i) The limitation pursuant to this Section 10.14 shall apply, subject to the following requirements, if, following a notice by the Administrative Agent that it intends to enforce any Security or a demand by the Administrative Agent under any such Security, the applicable German Loan Party notifies the Administrative Agent (Management Notification) within ten (10) days upon receipt of the relevant notice or demand that a Capital Impairment would occur (setting out in reasonable detail to what extent a Capital Impairment would occur and providing prima facie evidence that a realisation or other measures undertaken in accordance with the mitigation provisions set out above would not prevent such Capital Impairment.
189
(ii) If the Management Notification is contested by the Administrative Agent, the Administrative Agent shall nevertheless be entitled to enforce any Security granted under this Agreement up to such amount, which is, based on the Management Notification, undisputed between itself and the applicable German Loan Party. In relation to the amount which is in dispute, the applicable German Loan Party undertakes (at its own cost and expense) to arrange for the preparation of a balance sheet by its auditors in order to have such auditors determine whether (and if so, to what extent) any payment under the Security would cause a Capital Impairment or Liquidity Impairment (the Auditors Determination). The Auditors Determination shall be prepared, taking into account the adjustments set out above in relation to the calculation of a Capital Impairment, by applying the generally accepted accounting principles applicable from time to time in Germany (Grundsätze ordnungsmäßiger Buchführung) based on the same principles and evaluation methods as consistently applied by the applicable German Loan Party in the preparation of its financial statements, in particular in the preparation of its most recent annual balance sheet, and taking into consideration applicable court rulings of German courts. The applicable German Loan Party shall provide the Auditors Determination to the Administrative Agent within thirty (30) days (or such longer period as has been agreed between the Borrower Representative and the Administrative Agent) from the date on which the Administrative Agent contested the Management Notification in writing. The Auditors Determination shall be binding on the applicable German Loan Party and the Administrative Agent.
(iii) If, and to the extent that, any Security has been enforced without regard to the limitation set forth in this Section 10.14 because the amount of the available net assets pursuant to the Auditors Determination is lower than the amount stated in the Management Notification, the Administrative Agent shall upon written demand of the applicable German Loan Party to the Administrative Agent repay any amount (if and to the extent already paid to the Administrative Agent) up to and including the amount calculated in the Auditors Determination in accordance with this Section 10.14, provided such demand for repayment is made to the Administrative Agent within six (6) months (Ausschlussfrist) from the date such Security has been enforced.
(iv) If pursuant to the Auditors Determination the amount of the available net assets is higher than set out in the Management Notification, the Administrative Agent shall be entitled to enforce into such available net assets accordingly.
(d) Exceptions. Notwithstanding the above, the limitations pursuant to this Section 10.14 shall not apply to any German Loan Party:
(i) if such German Loan Party is party as dominated entity (beherrschtes Unternehmen) of a domination agreement (Beherrschungsvertrag) and/or a profit and loss transfer agreement (Gewinnabführungsvertrag) pursuant to Section 30, paragraph 1, sentence 2 of the German Limited Liability Company Act (GmbHG) and payment by or enforcement against the German Loan Party would not violate Section 30, paragraph 1 GmbHG;
(ii) if such German Loan Party has a recourse right (Rückgewähranspruch) pursuant to Section 30, paragraph 1, sentence 2 of the German Limited Liability Company Act (GmbHG) which is fully recoverable (werthaltig);
190
(iii) if such German Loan Party fails to deliver the Management Notification and/or the Auditors Determination pursuant to this Section 10.14 in the required timeframe, unless such German Loan Party proves in a court proceeding that the disputed amount is necessary for maintaining its registered share capital;
(iv) to any amounts borrowed under the Loan Documents to the extent the proceeds of such borrowing are on-lent to such German Loan Party or its Subsidiaries to the extent that any amounts so on-lent are still outstanding at the time the relevant demand is made against such German Loan Party and the repayment of such loans as a result of such on-lending is not prohibited by law; or
(v) to any amounts borrowed under the Loan Documents by such German Loan Party to the extent that any amounts so borrowed are still outstanding at the time the relevant demand for repayment is made against such German Loan Party.
Section 10.15 Limitations for Swiss Loan Parties.
(a) If and to the extent a Swiss Loan Party has to fulfil any guarantee, obligation, liability, indemnity or undertaking under this Agreement or any other Loan Document (a Guarantee Liability), or if any proceeds from the realization of a security over any asset granted by a Swiss Loan Party under this Agreement or any other Loan Document (a Swiss Charge) are to be applied for or in relation to any obligation, undertaking, indemnity or liability of any other Loan Party (other than the relevant Swiss Loan Party or any wholly owned direct or indirect Subsidiaries of such Swiss Loan Party), and if complying with a Guarantee Liability or permitting the application of the proceeds from the realization of any Swiss Charge would constitute a repayment of capital (Einlagerückgewähr), a violation of the legally protected reserves (gesetzlich geschützte Reserven) or the payment of a (constructive) dividend (verdeckte Gewinnausschüttung) by such Swiss Loan Party or would otherwise be restricted under Swiss law and practice then applicable, such Swiss Loan Partys aggregate liability under any Guarantee Liability and/or the application of the proceeds from the realization of any Swiss Charge, as applicable, shall be limited to the amount of such Swiss Loan Partys freely disposable equity at the time when payment is claimed under a Guarantee Liability or, as applicable, the proceeds from the realization of a Swiss Charge are to be applied (the Swiss Limitation), whereby for the purpose of this Section 10.15, freely disposable equity means the amount equal to the maximum amount in which the relevant Swiss Loan party can make a dividend payment to its shareholders under applicable law at that point in time (the Freely Disposable Amount).
(b) The Swiss Limitation shall only apply to the extent it is a requirement under applicable law at the time a Swiss Loan Party is required to perform a Guarantee Liability or at the time when the proceeds from the realization of a Swiss Charge are to be applied. Such Swiss Limitation shall not free the respective Swiss Loan Party from its Guarantee Liability or from permitting the application of the proceeds from the realization of a Swiss Charge, respectively, in excess of the Freely Disposable Amount, but merely postpones the fulfilment or application thereof until such times when such Swiss Loan Party has again freely disposable equity and if and to the extent such freely disposable equity is available.
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(c) Each Swiss Loan Party shall take and cause to be taken all and any action, to the extent reasonably practical and possible, including, without limitation, (i) the passing of any shareholders resolutions to approve any payment or other performance under this Agreement or any other Loan Documents, (ii) the provision of an audited interim balance sheet, and (iii) the provision of a confirmation from the auditors of such Swiss Loan Party that a payment of such Swiss Loan Party under the Loan Documents in an amount corresponding to the Freely Disposable Amount is in compliance with the provisions of Swiss corporate law which are aimed at protecting the share capital and legal reserves, in order to allow payment of amounts owed by such Swiss Loan Party under the Loan Documents as well as the performance by such Swiss Loan Party of other obligations under the Loan Documents.
(d) If so required under applicable law (including tax treaties) at the time it is required to make a payment under a Guarantee Liability or, as applicable, the proceeds from the realization of a Swiss Charge are to be applied, a Swiss Loan Party:
(i) shall use its best efforts to ensure that such payments can be made without deduction of Swiss Withholding Tax, or with deduction of Swiss Withholding Tax at a reduced rate, by discharging the liability to such tax by notification pursuant to applicable law (including tax treaties) rather than payment of the tax;
(ii) shall deduct the Swiss Withholding Tax at such rate (being 35 percent on the date hereof) as in force from time to time if the notification procedure pursuant to sub-paragraph (a) above does not apply; or shall deduct the Swiss Withholding Tax at the reduced rate resulting after discharge of part of such tax by notification if the notification procedure pursuant to sub-paragraph (a) applies for a part of the Swiss Withholding Tax only; and shall pay within the time allowed any such taxes deducted to the Swiss Federal Tax Administration; and
(iii) shall promptly notify the Administrative Agent that such notification or, as the case may be, deduction has been made, and provide the Administrative Agent with evidence that such a notification of the Swiss Federal Tax Administration has been made or, as the case may be, such taxes deducted have been paid to the Swiss Federal Tax Administration.
(e) In the case of a deduction of Swiss Withholding Tax, a Swiss Loan Party shall ensure that any person that is entitled to a full or partial refund of the Swiss Withholding Tax deducted from such payment under this Agreement or any other Loan Document, will, as soon as possible after such deduction:
(i) request a refund of the Swiss Withholding Tax under applicable law (including tax treaties), and
(ii) pay to the Administrative Agent upon receipt any amount so refunded.
The Administrative Agent shall co-operate with the applicable Swiss Loan Party to secure such refund.
192
(f) If the fulfilment of a Guarantee Liability or the application of the proceeds from the realization of any Swiss Charge is subject to the Swiss Limitation, then the applicable Swiss Loan Party shall, upon request of the Administrative Agent, to the extent permitted by applicable law, revalue upward or, if the respective assets are not necessary for such Swiss Loan Partys business (nicht betriebsnotwendig), realize any of its assets that are shown in its balance sheet with a book value that is significantly lower than the market value of such assets.
Section 10.16 No Foreign Guarantee of Domestic Obligations. Notwithstanding anything herein to the contrary, no Foreign Loan Party (or any Subsidiary thereof) shall, or shall be deemed to, guarantee any Secured Obligations of the U.S. Loan Parties, and no assets (other than certain Equity Interests) of any Foreign Loan Party (or any Subsidiary thereof) shall be given as security for any Secured Obligations of the U.S. Loan Parties. This provision is meant to prevent any adverse tax consequences pursuant to Section 956 of the Code.
ARTICLE XI
The Borrower Representative
Section 11.01 Appointment; Nature of Relationship. The U.S. Borrower is hereby appointed by each of the Borrowers as its contractual representative (herein referred to as the Borrower Representative) hereunder and under each other Loan Document, and each of the Borrowers irrevocably authorizes the Borrower Representative to act as the contractual representative of such Borrower with the rights and duties expressly set forth herein and in the other Loan Documents. The Borrower Representative agrees to act as such contractual representative upon the express conditions contained in this Article XI. Additionally, the Borrowers hereby appoint the Borrower Representative as their agent to receive all of the proceeds of the Loans in the Funding Account(s), at which time the Borrower Representative shall promptly disburse such Loans to the appropriate Borrower(s). The Administrative Agent and the Lenders, and their respective officers, directors, agents or employees, shall not be liable to the Borrower Representative or any Borrower for any action taken or omitted to be taken by the Borrower Representative or the Borrowers pursuant to this Section 11.01.
Section 11.02 Powers. The Borrower Representative shall have and may exercise such powers under the Loan Documents as are specifically delegated to the Borrower Representative by the terms of each thereof, together with such powers as are reasonably incidental thereto. The Borrower Representative shall have no implied duties to the Borrowers, or any obligation to the Lenders to take any action thereunder except any action specifically provided by the Loan Documents to be taken by the Borrower Representative.
Section 11.03 Employment of Agents. The Borrower Representative may execute any of its duties as the Borrower Representative hereunder and under any other Loan Document by or through authorized officers.
Section 11.04 Notices. Each Borrower shall immediately notify the Borrower Representative of the occurrence of any Default hereunder referring to this Agreement describing such Default and stating that such notice is a notice of default. In the event that the Borrower Representative receives such a notice, the Borrower Representative shall give prompt notice thereof to the Administrative Agent and the Lenders. Any notice provided to the Borrower Representative hereunder shall constitute notice to each Borrower on the date received by the Borrower Representative.
193
Section 11.05 Successor Borrower Representative. Upon the prior written consent of the Administrative Agent, the Borrower Representative may resign at any time, such resignation to be effective upon the appointment of a successor Borrower Representative. The Administrative Agent shall give prompt written notice of such resignation to the Lenders.
Section 11.06 Execution of Loan Documents; Borrowing Base Certificate. The Borrowers hereby empower and authorize the Borrower Representative, on behalf of the Borrowers, to execute and deliver to the Administrative Agent and the Lenders the Loan Documents and all related agreements, certificates, documents, or instruments as shall be necessary or appropriate to effect the purposes of the Loan Documents, including without limitation, the Borrowing Base Certificates and the Compliance Certificates. Each Borrower agrees that any action taken by the Borrower Representative or the Borrowers in accordance with the terms of this Agreement or the other Loan Documents, and the exercise by the Borrower Representative of its powers set forth therein or herein, together with such other powers that are reasonably incidental thereto, shall be binding upon all of the Borrowers.
Section 11.07 Reporting. Each Borrower hereby agrees that such Borrower shall furnish promptly after each fiscal month to the Borrower Representative a copy of its Borrowing Base Certificate and any other certificate or report required hereunder or requested by the Borrower Representative on which the Borrower Representative shall rely to prepare the Borrowing Base Certificates and Compliance Certificate required pursuant to the provisions of this Agreement.
ARTICLE XII
Subordination of Intercompany Indebtedness.
Section 12.01 Subordination of Intercompany Indebtedness. Each Loan Party agrees that any and all claims of such Loan Party against any Loan Party (each an Obligor) with respect to any Intercompany Indebtedness (as hereinafter defined), any endorser, obligor or any other guarantor of all or any part of the Guaranteed Obligations, or against any of its properties shall be subordinate and subject in right of payment to the prior payment, in full and in cash, of all Guaranteed Obligations; provided that, as long as no Event of Default has occurred and is continuing, such Loan Party may receive payments of principal and interest from any Obligor with respect to Intercompany Indebtedness. Notwithstanding any right of any Loan Party to ask, demand, sue for, take or receive any payment from any Obligor, all rights, liens and security interests of such Loan Party, whether now or hereafter arising and howsoever existing, in any assets of any other Obligor shall be and are subordinated to the rights of the Secured Parties in those assets. No Loan Party shall have any right to possession of any such asset or to foreclose upon any such asset, whether by judicial action or otherwise, unless and until all of the Guaranteed Obligations shall have been fully paid and satisfied (in cash) and all financing arrangements pursuant to any Loan Document or any Bank Products have been terminated. If all or any part of the assets of any Obligor, or the proceeds thereof, are subject to any distribution, division or application to the creditors of such Obligor, whether partial or complete, voluntary or
194
involuntary, and whether by reason of liquidation, bankruptcy, administration, arrangement, receivership, assignment for the benefit of creditors or any other action or proceeding, or if the business of any such Obligor is dissolved or if substantially all of the assets of any such Obligor are sold pursuant to any such proceeding, then, and in any such event (such events being herein referred to as an Insolvency Event), any payment or distribution of any kind or character, either in cash, securities or other property, which shall be payable or deliverable upon or with respect to any indebtedness of any Obligor to any Loan Party (Intercompany Indebtedness) shall be paid or delivered directly to the Administrative Agent for application on any of the Guaranteed Obligations, due or to become due, until such Guaranteed Obligations shall have first been fully paid and satisfied (in cash). Should any payment, distribution, security or instrument or proceeds thereof be received by the applicable Loan Party upon or with respect to the Intercompany Indebtedness after any Insolvency Event and prior to the satisfaction of all of the Guaranteed Obligations and the termination of all financing arrangements pursuant to any Loan Document among the Secured Parties, such Loan Party shall receive and hold the same in trust, as trustee, for the benefit of the Secured Parties and shall forthwith deliver the same to the Administrative Agent, for the benefit of the Secured Parties, in precisely the form received (except for the endorsement or assignment of the Loan Party where necessary), for application to any of the Guaranteed Obligations, due or not due, and, until so delivered, the same shall be held in trust by the Loan Party as the property of the Secured Parties. If any such Loan Party fails to make any such endorsement or assignment to the Administrative Agent, the Administrative Agent or any of its officers or employees is irrevocably authorized to make the same.
(Signature Pages Follow)
195
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their respective authorized officers as of the day and year first above written.
BORROWERS: | ||
ELIZABETH ARDEN, INC., as U.S. Borrower and Borrower Representative | ||
By: | /s/ Marcey Becker | |
Name: | Marcey Becker | |
Title: | Senior Vice President, Finance & Corporate | |
Development |
[SIGNATURE PAGE TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENT ELIZABETH ARDEN, INC.]
ELIZABETH ARDEN (CANADA) LIMITED, as Canadian Borrower | ||
By: | /s/ Marcey Becker | |
Name: | Marcey Becker | |
Title: | Vice President, Finance |
[SIGNATURE PAGE TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENT ELIZABETH ARDEN, INC.]
ELIZABETH ARDEN INTERNATIONAL SÀRL, as Swiss Borrower | ||
By: | /s/ Dirk Ulrich Henseling | |
Name: | Dirk Ulrich Henseling | |
Title: | Managing Director |
[SIGNATURE PAGE TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENT ELIZABETH ARDEN, INC.]
ELIZABETH ARDEN (UK) LTD., as U.K. Borrower | ||
By: | /s/ Palle Pedersen | |
Name: | Palle Pedersen | |
Title: | Director |
[SIGNATURE PAGE TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENT ELIZABETH ARDEN, INC.]
OTHER LOAN PARTIES: | ||
FD MANAGEMENT, INC. | ||
By: | /s/ Marcey Becker | |
Name: | Marcey Becker | |
Title: | Vice President & Assistant Treasurer | |
DF ENTERPRISES, INC. | ||
By: | /s/ Marcey Becker | |
Name: | Marcey Becker | |
Title: | Vice President & Assistant Treasurer | |
RDEN MANAGEMENT, INC. | ||
By: | /s/ Marcey Becker | |
Name: | Marcey Becker | |
Title: | Vice President & Assistant Treasurer | |
ELIZABETH ARDEN (FINANCING), INC. | ||
By: | /s/ Marcey Becker | |
Name: | Marcey Becker | |
Title: | Vice President & Assistant Treasurer | |
ELIZABETH ARDEN TRAVEL RETAIL, INC. | ||
By: | /s/ Marcey Becker | |
Name: | Marcey Becker | |
Title: | Vice President & Assistant Treasurer | |
ELIZABETH ARDEN INTERNATIONAL HOLDING, INC. (formerly FFI International, Inc.) | ||
By: | /s/ Marcey Becker | |
Name: | Marcey Becker | |
Title: | Vice President & Assistant Treasurer |
[SIGNATURE PAGE TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENT ELIZABETH ARDEN, INC.]
ELIZABETH ARDEN (NETHERLANDS) HOLDING B.V. | ||
By: | /s/ Aaltje Wietske Hoogervorst van Drunen | |
Name: | Aaltje Wietske Hoogervorst van Drunen | |
Title: | Managing Director |
[SIGNATURE PAGE TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENT ELIZABETH ARDEN, INC.]
ELIZABETH ARDEN (SWITZERLAND) HOLDING SÀRL | ||
By: | /s/ Dirk Ulrich Henseling | |
Name: | Dirk Ulrich Henseling | |
Title: | Managing Director |
[SIGNATURE PAGE TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENT ELIZABETH ARDEN, INC.]
JPMORGAN CHASE BANK, N.A., individually, and as Administrative Agent, Issuing Bank, Swingline Lender and a U.S. Lender | ||
By: | /s/ Christy L. West | |
Name: |
Christy L. West | |
Title: |
Authorized Officer | |
JPMORGAN CHASE BANK, N.A., TORONTO BRANCH, as a Canadian Lender | ||
By: | /s/ Deborah Booth | |
Name: |
Deborah Booth | |
Title: |
Authorized Officer | |
JPMORGAN CHASE BANK, N.A., LONDON BRANCH, as a European Lender | ||
By: | /s/ Timothy I. Jacob | |
Name: |
Timothy I. Jacob | |
Title: |
Authorized Officer |
[SIGNATURE PAGE TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENT ELIZABETH ARDEN, INC.]
BANK OF AMERICA, N.A., as U.S. Collateral Agent and a U.S. Lender | ||
By: | /s/ Seth Tyminski | |
Name: |
Seth Tyminski | |
Title: |
Vice President | |
BANK OF AMERICA, N.A. (acting through its Canada branch), as a Canadian Lender | ||
By: | /s/ Medina Sales de Andrade | |
Name: |
Medina Sales De Andrade | |
Title: |
Vice President | |
BANK OF AMERICA, N.A. (acting through its London branch), as a European Lender | ||
By: | /s/ Seth Tyminski | |
Name: |
Seth Tyminski | |
Title: |
Vice President |
[SIGNATURE PAGE TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENT ELIZABETH ARDEN, INC.]
WELLS FARGO BANK, NATIONAL ASSOCIATION, as a U.S. Lender | ||
By: | /s/ Mark Bradford | |
Name: |
Mark Bradford | |
Title: |
VP, Authorized Signatory | |
WELLS FARGO CAPITAL FINANCE CORPORATION CANADA, as a Canadian Lender | ||
By: | /s/ David G. Phillips | |
Name: |
David G. Phillips | |
Title: |
Senior Vice President | |
WELLS FARGO BANK, N.A. LONDON, as a European Lender | ||
By: | /s/ NB Hogg | |
Name: |
NB Hogg | |
Title: |
Authorised Signatory |
[SIGNATURE PAGE TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENT ELIZABETH ARDEN, INC.]
GOLDMAN SACHS BANK USA, as a U.S. Lender, a Canadian Lender and a European Lender | ||
By: | /s/ Mehmet Barlas | |
Name: |
Mehmet Barlas | |
Title: |
Authorized Signatory |
[SIGNATURE PAGE TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENT ELIZABETH ARDEN, INC.]
HSBC BANK USA, N.A, as a U.S. Lender, a Canadian Lender and a European Lender | ||
By: | /s/ Brian Gingue | |
Name: |
Brian Gingue | |
Title: |
Senior Vice President | |
HSBC BANK PLC, as a U.S. Lender, a Canadian Lender and a European Lender | ||
By: | /s/ Simon Addis | |
Name: |
Simon Addis | |
Title: |
Director, ISB |
[SIGNATURE PAGE TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENT ELIZABETH ARDEN, INC.]
COMMITMENT SCHEDULE
Lender |
Aggregate Commitment |
U.S. Commitment |
Canadian Commitment |
European Commitment |
HMRC DT Treaty Passport scheme number and jurisdiction of tax residence (if applicable) |
|||||||||||||||
JPMorgan Chase Bank, N.A. |
$ | 75,000,000.00 | $ | 75,000,000.00 | $ | 0.00 | $ | 0.00 | ||||||||||||
JPMorgan Chase Bank, N.A., Toronto Branch |
$ | 0.00 | $ | 0.00 | $ | 3,750,000.00 | $ | 0.00 | ||||||||||||
JPMorgan Chase Bank, N.A., London Branch |
$ | 0.00 | $ | 0.00 | $ | 0.00 | $ | 25,000,000.00 | 13/M/0268710/DTTP | |||||||||||
Bank of America, N.A. |
$ | 75,000,000.00 | $ | 75,000,000.00 | $ | 0.00 | $ | 0.00 | ||||||||||||
Bank of America, N.A. (acting through its Canada Branch) |
$ | 0.00 | $ | 0.00 | $ | 3,750,000.00 | $ | 0.00 | ||||||||||||
Bank of America, N.A. (acting through its London Branch) |
$ | 0.00 | $ | 0.00 | $ | 0.00 | $ | 25,000,000.00 | ||||||||||||
Wells Fargo Bank, National Association |
$ | 75,000,000.00 | $ | 75,000,000.00 | $ | 0.00 | $ | 0.00 | ||||||||||||
Wells Fargo Capital Finance Corporation Canada |
$ | 0.00 | $ | 0.00 | $ | 3,750,000.00 | $ | 0.00 | ||||||||||||
Wells Fargo Bank, N.A. London |
$ | 0.00 | $ | 0.00 | $ | 0.00 | $ | 25,000,000.00 | ||||||||||||
Goldman Sachs Bank USA |
$ | 25,000,000.00 | $ | 25,000,000.00 | $ | 1,250,000.00 | $ | 8,333,333.33 | ||||||||||||
HSBC Bank USA, N.A. |
$ | 33,000,000.00 | $ | 33,000,000.00 | $ | 1,650,000.00 | $ | 11,000,000.00 | 13/H/314375/DTTP | |||||||||||
HSBC Bank Plc |
$ | 17,000,000.00 | $ | 17,000,000.00 | $ | 850,000.00 | $ | 5,666,666.67 | ||||||||||||
Total |
$ | 300,000,000.00 | $ | 300,000,000.00 | $ | 15,000,000.00 | $ | 100,000,000.00 |
Commitment Schedule
Schedule 1.01
to
Elizabeth Arden, Inc.
Fourth Amended and Restated Credit Agreement
Existing Letters of Credit
(As of July 19, 2016)
Beneficiary |
Letter of Credit No. |
Expiry Date |
Original Date |
LC Exposure Amount |
||||||||||||
HSBC Bank PLC, London |
CTCS-246155 | November 30, 2016 | November 27, 2012 | $ | 250,174.23 | |||||||||||
HSBC Bank PLC, London |
CTCS-246157 | November 30, 2016 | November 27, 2012 | 324,542.57 | ||||||||||||
200 Park South Associates LLC |
CTCS-311218 | December 19, 2016 | December 21, 2012 | 131,915.00 | ||||||||||||
HSBC Bank PLC, London |
CTCS-361207 | January 10, 2017 | January 08, 2013 | 288,015.00 | ||||||||||||
ESRT First Stamford Place SPE LLC |
CTCS-758830 | January 20, 2017 | September 25, 2013 | 543,917.50 | ||||||||||||
Duke Realty Limited Partnership |
CTCS-770340 | November 01, 2016 | November 30, 2015 | 206,030.00 | ||||||||||||
Florida Self-Insurance Guaranty Association |
T-237306 | April 30,2017 | May 12, 2003 | 100,000.00 | ||||||||||||
200 Park South Associates LLC C/O Murray Hill Properties LLC |
T-621401 | October 31, 2017 | March 03, 2005 | 328,085.34 | ||||||||||||
Credit Suisse, Swiss Corporation |
T-623912 | March 23,2017 | March 24, 2005 | 1,022,181.33 | ||||||||||||
|
|
|||||||||||||||
TOTAL |
$ | 3,194,860.97 | ||||||||||||||
|
|
Schedule 3.05
to
Elizabeth Arden, Inc.
Fourth Amended and Restated Credit Agreement
Litigation
Mary Rutledge Tinley and Roger Tinley v. Elizabeth Arden, Inc., Colgate Palmolive Company, Unilever, et al
Summary: In June 2016, the U.S. Borrower was served with a summons and complaint notifying it that it was being added as a defendant in this ongoing lawsuit alleging that exposure to asbestos-containing consumer products from several companies had resulted in plaintiff being diagnosed with mesothelioma in March 2016.
The alleged product that resulted in the U.S. Borrower being added to the lawsuit was a White Diamonds body powder. The U.S. Borrower was added after the initial lawsuit included Unilever and Eli Lilly. The U.S. Borrower is investigating the underlying facts relating to the product, including sourcing and formulation, and will notify its insurance carriers to determine if there is coverage.
Given that the U.S. Borrower has been recently notified of this matter and is currently investigating the underlying facts, it has not reached a conclusion regarding the impact the claim may have on the business, operations or financial condition of the U.S. Borrower and its Subsidiaries, considered as a whole.
Michael R. Parker v. Elizabeth Arden, Inc. et al., Case No. CACE-16-011781
On June 24, 2016, a putative shareholder class action lawsuit (the Parker Complaint) was filed in the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida against the U.S. Borrower, the members of the Board of Directors of the U.S. Borrower (the Board), Revlon, Revlon Consumer Products Corporation, and RR Transaction Corp. (collectively, Revlon). In general, the Parker Complaint alleges that: (i) the members of the Board breached their fiduciary duties to the shareholders of the U.S. Borrower by, among other things, approving a proposed merger (the Merger) between the U.S. Borrower and Revlon pursuant to an unfair process and at an inadequate and unfair price; and (ii) U.S. Borrower and Revlon aided and abetted the breaches of fiduciary duty by the members of the Board. The plaintiff seeks, among other things, injunctive relief prohibiting consummation of the Merger, compensatory damages, rescissory damages in the event the Merger is consummated, and an award of attorneys fees and expenses.
Christiansen v. Rhône Capital L.L.C. et al., Case No. CACE-16-011746
On June 29, 2016, a putative shareholder class action and derivative lawsuit (the Christiansen Complaint) was filed in the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida against Rhône Capital L.L.C., Nightingale Onshore, Nightingale Offshore (collectively, the Rhône Entities), the members of the Board of the U.S. Borrower and Revlon. In general, the Christiansen Complaint alleges that: (i) the members of the Board breached their fiduciary duties to the holders of the U.S. Borrowers common stock and to the U.S. Borrower by, among other things, approving the proposed Merger transaction pursuant to a flawed process that placed the interests of the holders of the U.S. Borrowers preferred stock ahead of the interests of the holders of the U.S. Borrowers common stock; (ii) the Rhône Entities, an alleged controlling shareholder of the U.S. Borrower, breached fiduciary duties to the holders of the U.S. Borrowers common stock and to the U.S. Borrower by forcing the U.S. Borrower to agree to the unfair terms of the merger; and (iii) Revlon, aided and abetted the breaches of fiduciary duty by the members of the Board to the holders of the U.S. Borrowers common stock and to the U.S. Borrower. The plaintiff seeks, among other things, injunctive relief prohibiting consummation of the Merger, a declaration that the merger agreement was entered into in breach of the fiduciary duties owed to the U.S. Borrower and holders of the U.S. Borrowers common stock by the members of the Board, and the Rhône Entities, and an award of attorneys fees and expenses.
On July 14, 2016, after reviewing the U.S. Borrowers preliminary proxy statement (the Preliminary Proxy Statement) filed with the U.S. Securities and Exchange Commission, the plaintiffs filed an amended complaint also alleging that the Preliminary Proxy Statement fails to disclose information that would be material to the shareholders of the U.S. Borrower. The U.S. Borrower has yet to be served with the amended complaint and is in the process of submitting it to its insurance carriers.
Alexis Ross v. Elizabeth Arden, Inc. et al, Case No. CACE 16-013220
On July 19, 2016, a putative shareholder class action complaint (the Ross Complaint) was filed in the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida against the U.S. Borrower, the members of the Board of the U.S. Borrower (the Board), Revlon, Revlon Consumer Products Corporation, and RR Transaction Corp. (collectively, Revlon), alleging that: (i) the members of the Board breached their fiduciary duties to the U.S. Borrowers public shareholders by, among other things, approving the proposed Merger pursuant to an unfair process and at an inadequate and unfair price; and (ii) the U.S. Borrower and Revlon aided and abetted the breaches of fiduciary duty by the Board. The complaint also alleges that the preliminary proxy statement that the U.S. Borrower filed on July 11, 2016 in connection with the proposed Merger is missing certain disclosures that would be material to the shareholders of the U.S. Borrower. The plaintiff seeks, among other things, injunctive relief prohibiting consummation of the proposed Merger, compensatory and rescissory damages in the event the proposed Merger is consummated, and an award of attorneys fees and expenses.
The U.S. Borrower has selected Weil Gotshal to represent it in all shareholders lawsuits, assisted by local Florida counsel.
Schedule 3.06
to
Elizabeth Arden, Inc.
Fourth Amended and Restated Credit Agreement
UK pension schemes
None
Schedule 3.09
to
Elizabeth Arden, Inc.
Fourth Amended and Restated Credit Agreement
Subsidiaries
Domestic Subsidiaries (Wholly-Owned)
DF Enterprises, Inc.
FD Management, Inc.
RDEN Management, Inc.
Elizabeth Arden International Holding, Inc.
Elizabeth Arden (Financing), Inc.
Elizabeth Arden Travel Retail, Inc.
Elizabeth Arden Investments, LLC
Elizabeth Arden NM, LLC
Elizabeth Arden USC, LLC
Foreign Subsidiaries (Wholly-Owned)
Elizabeth Arden (Australia) Pty Ltd.
Elizabeth Arden Cosmeticos Do Brazil, LTDA.(*)
Elizabeth Arden (Canada) Limited
Elizabeth Arden (Shanghai) Cosmetics & Fragrances Trading, Ltd.
Elizabeth Arden (Denmark) ApS
Elizabeth Arden (France) S.A.
Elizabeth Arden GmbH
Elizabeth Arden Korea Yuhan Hoesa
Elizabeth Arden (Netherlands) Holding B. V.
Elizabeth Arden Trading B. V.
Elizabeth Arden (New Zealand) Limited
Elizabeth Arden (Norway) AS
Elizabeth Arden (Export), Inc.
Elizabeth Arden (Singapore) PTE Ltd.
Elizabeth Arden (South Africa)(Pty) Ltd.
Elizabeth Arden España, S.L.U.
Elizabeth Arden (Sweden) AB
Elizabeth Arden (Switzerland) Holding Sàrl
Elizabeth Arden International Sàrl
Elizabeth Arden (UK) Ltd.
(*) In liquidation
Joint Ventures
Elizabeth Arden SEA PTE Ltd. (Singapore)
Elizabeth Arden Middle East FZCO (UAEDubai)
Elizabeth Arden SEA (HK) Ltd. (Hong Kong)
Schedule 3.14
to
Elizabeth Arden, Inc.
Fourth Amended and Restated Credit Agreement
Locations
Schedule 3.14(i)
to
Elizabeth Arden, Inc.
Fourth Amended and Restated Credit Agreement
U.S. and The Netherlands Inventory Locations(*)
(As of June 30, 2016)
Borrower Distribution Center
1751 Blue Hills Drive
Roanoke, Virginia 24012
Borrower Warehouse
115-131 Brand Avenue
Salem, Virginia 24153
CEI-Roanoke
4411 Plantation Road
Roanoke, Virginia 24012
Priority Fulfillment Services, Inc.
4638 E. Shelby Drive
Memphis, TN 38118
Sonoco Display and Packaging
3928 Westpoint Boulevard
Winston-Salem, North Carolina 27103
ID Logistics - Tilburg
Hermesstraat 1
Tilburg
The Netherlands 5047 TS
(*) | Additional inventory locations with small dollar amounts of inventory are not included as permitted by Section 3.14(i). |
Schedule 3.14(ii)
to
Elizabeth Arden, Inc.
Fourth Amended and Restated Credit Agreement
Location of Offices (Other Than Sales Offices and Retail Stores) or
Place of Business of Borrower and Material Subsidiaries
880 SW 145 Avenue Pembroke Pines, Florida 33027 |
(A) | Elizabeth Arden, Inc. | ||
200 Park Avenue South New York, New York 10003 |
(A) | Elizabeth Arden, Inc. | ||
200 First Stamford Place Stamford, Connecticut 06902 |
(A)(C) | Elizabeth Arden, Inc. DF Enterprises, Inc. FD Management, Inc. Elizabeth Arden International Holding, Inc. RDEN Management, Inc. Elizabeth Arden (Financing), Inc. Elizabeth Arden Travel Retail, Inc. | ||
1751 Blue Hills Drive Roanoke, Virginia 11482 |
(A) | Elizabeth Arden, Inc. | ||
115-131 Brand Avenue Salem, Virginia 24153 |
(A) | Elizabeth Arden, Inc. | ||
28 Chemin de Joinville 1216 Geneva Switzerland |
(A)(B) (D) |
Elizabeth Arden International Sàrl Elizabeth Arden (Switzerland) Holding Sàrl | ||
87-91 Newman Street London W1T 3EY United Kingdom |
(A)(B) | Elizabeth Arden (UK) Ltd. | ||
505 Apple Creek Boulevard, Unit #2 Markham Ontario L3R 5B1 Canada |
(A)(B) | Elizabeth Arden (Canada) Limited | ||
Herengracht 483 1017 BT Amsterdam The Netherlands |
(D) | Elizabeth Arden (Netherlands) Holding B.V. | ||
(A) U.S. Borrower (B) Foreign Borrower (C) U.S. Subsidiary Guarantor (D) Foreign Guarantor |
Schedule 3.14(iii)
to
Elizabeth Arden, Inc.
Fourth Amended and Restated Credit Agreement
Owned Real Property
None.
Schedule 3.14(iv)
to
Elizabeth Arden, Inc.
Fourth Amended and Restated Credit Agreement
Leased Real Property
Property Address |
Record Owner (*) | |
Office 880 S.W. 145 Avenue Pembroke Pines, Florida 33027 |
Duke Realty Limited Partnership c/o Duke Realty Corporation 2500 North Commerce Parkway, Suite 405 Weston, FL 33326 | |
Office and Retail Store/Salon 200 Park Avenue South New York, New York 10003 |
200 Park South Associates, LLC 1140 Avenue of the Americas NY, NY 10036 | |
200 First Stamford Place Stamford, Connecticut 06902 |
First Stamford Place SPE LLC and Merrifield First Stamford SPE LLC Metro Station, One Station Place Stamford, CT 06902 | |
Distribution Center 1751 Blue Hills Drive Roanoke, Virginia 11482 |
SIR Roanoke LLC and The RMR Group LLC (Property Manager) 3928 Pender Drive, Suite 230 Fairfax, VA 22030 | |
Warehouse 115-131 Brand Avenue Salem, Virginia |
Valley Properties LLC and L&M Properties LLC 3330 Hollins Road East Roanoke, VA 24012 | |
Office 28 Chemin de Joinville 1216 Geneva Switzerland |
S.I. Quadrilatere Case Postale 54 1216 Cointrin Switzerland | |
Office 87-91 Newman Street London W1T 3EY United Kingdom |
Lazari GP Limited and Lazari Rental Estate Limited Accurist House 44 Baker Street London, W1U 7BR United Kingdom | |
Office 505 Apple Creek Boulevard, Unit #2 Markham Ontario L3R 5B1 Canada |
Apple Creek Properties Limited c/o Madison Properties 369 Rimrock Road Toronto, ON M3J 3G2 Canada | |
Store Unit No. 123 Dolphin Mall Shopping Mall Miami, Florida |
Dolphin Mall Associates Limited Partnership & Dolphin Mall Associates, LLC 200 East Long Lake Road P.O. Box 200 Bloomfield Hills, Michigan 48303 | |
Store Unit No. 0214 Woodbury Common Premium Outlets New York |
CPG Partners, L.P. c/o Simon Property Group, Inc. 60 Columbia Road, Bldg B Morristown, New Jersey 07960 |
(*) | Based on Lessors representations in lease documents. |
Schedule 3.14(iv) to Elizabeth Arden, Inc. Fourth Amended and Restated Credit Agreement
Leased Real Property - Continued
| ||
Property Address |
Record Owner (*) | |
Store Unit No. 1167 Orlando Premium Outlets Orlando, Florida |
Chelsea Orlando Development Limited Partnership c/o Simon Property Group 60 Columbia Road, Blvd B Morristown, New Jersey 07960 | |
Store No. 1102 Sawgrass Mills Mall 12801 West Sunrise Boulevard Sunrise, Florida 33323 |
Sawgrass Mills Phase III Limited Partnership M.S. Management Associates, Inc. 225 West Washington Street Indianapolis, Indiana 46204 | |
Store No. 1402 Riverhead Tanger Outlets 1770 West Main Street Riverhead, New York 11901 |
Tanger Properties Limited Partnership 3200 Northline Avenue, Suite 360 Greensboro, North Carolina 27408 | |
Store No. 1004 Houston Premium Outlets 29300 Hempstead Road Cypress, Texas 77433 |
CPG Houston Holdings, L.P. c/o Simon Property Group 60 Columbia Road, Blvd B Morristown, New Jersey 07960 | |
Store No. 1004 Houston Premium Outlets 29300 Hempstead Road Cypress, Texas 77433 |
CPG Houston Holdings, L.P. c/o Simon Property Group 60 Columbia Road, Blvd B Morristown, New Jersey 07960 | |
Store No. 1A04 Orlando Premium Outlets - International Drive 4955 International Drive Orlando, Florida 32819 |
Orlando Outlet Owner LLC c/o Simon Property Group 60 Columbia Road, Blvd B Morristown, New Jersey 07960 | |
Store No. 505 San Marcos Premium Outlets 3939 IH-35 South San Marcos, Texas 78666 |
San Marcos Factory Shops, Ltd. c/o Simon Property Group 105 Eisenhower Parkway, 1st Flr. Roseland, New Jersey 07068 | |
Store No. 242C Las Vegas Premium Outlets - South 7400 Las Vegas Boulevard South Las Vegas, Nevada 89123 |
Chelsea Las Vegas Holdings, LLC c/o Simon Property Group 105 Eisenhower Parkway, 1st Flr. Roseland, New Jersey 07068 | |
Store No. 788 Texas City Tanger Outlets 5885 Gulf Freeway Texas City, Texas 77591 |
Galveston Outlets, LLC 3200 Northline Avenue, Suite 360 Greensboro, North Carolina 27408 | |
Store No. A012 Williamsburg Premium Outlets 5699-36 Richmond Road Williamsburg, Virginia 23188 |
CPG Partners, L.P. c/o Simon Property Group 105 Eisenhower Parkway, 1st Flr. Roseland, New Jersey 07068 |
(*) | Based on Lessors representations in lease documents. |
Schedule 3.14(iv) to Elizabeth Arden, Inc. Fourth Amended and Restated Credit Agreement
Leased Real Property - Continued
| ||
Property Address |
Record Owner (*) | |
Store No. 580 Ellenton Premium Outlets 5383 Factory Shops Boulevard Ellenton, Texas 32444 |
Gulf Coast Factory Shops Limited Partnership c/o Simon Property Group 105 Eisenhower Parkway, 1st Flr. Roseland, New Jersey 07068 | |
Store No. 307 Lancaster Tanger Outlets 307 Stanley K. Tanger Boulevard Lancaster, Pennsylvania 17602 |
Tanger Properties Limited Partnership 3200 Northline Avenue, Suite 360 Greensboro, North Carolina 27408 | |
Store No. 1504 Las Vegas Premium Outlets - North 855 South Grand Central Parkway Las Vegas, Nevada 89106 |
Simon/Chelsea Las Vegas Development LLC c/o Simon Property Group 105 Eisenhower Parkway, 1st Flr. Roseland, New Jersey 07068 | |
Store No. 525 Wrentham Village Premium Outlets One Premium Outlets Boulevard Wrentham, Maine 02093 |
CPG Partners, L.P. c/o Simon Property Group 105 Eisenhower Parkway, 1st Flr. Roseland, New Jersey 07068 | |
Store No. 643 Philadelphia Mills Mall 1580 Franklin Mills Circle Philadelphia, Pennsylvania 19154 |
Franklin Mills Associates Ltd. c/o M.S. Management Associates, Inc. 225 West Washington Street Indianapolis, Indiana 46204-3438 |
(*) | Based on Lessors representations in lease documents. |
Schedule 3.14(v)
to
Elizabeth Arden, Inc.
Fourth Amended and Restated Credit Agreement
Jurisdictions Qualified to do Business
Arizona
Arkansas
California
Connecticut
Florida(*)
Georgia
Maine
Massachusetts
Minnesota
Missouri
Nevada
New Jersey
New York
North Carolina
Ohio
Pennsylvania
Tennessee
Texas
Virginia
Washington
(*) | Borrower is incorporated in Florida. |
Schedule 3.15
to
Elizabeth Arden, Inc.
Fourth Amended and Restated Credit Agreement
Licenses, Trademarks and Distribution Agreements
Schedule 3.15(a)(i)
to
Elizabeth Arden, Inc.
Fourth Amended and Restated Credit Agreement
License Agreements
1. | License Agreement dated as of February 14, 1986, as amended February 9, 1987, January 26, 1989, March 20, 1990, June 28, 1990, August 3, 1999, October 26, 2000, February 1, 2001, July 26, 2001, March 31, 2003, February 8, 2006, and January 30, 2015 between The Elizabeth Taylor Cosmetics Company (as Licensor), Conopco, Inc., d/b/a Parfums International Ltd. and Elizabeth Arden, Inc. (f/k/a/ French Fragrances, Inc.) (as Licensee). |
Subject Matter: Grant of exclusive license to Licensee for the use of the mark Elizabeth Taylor worldwide in connection with the manufacture and distribution worldwide of womens fragrance products and skin care products, and mens fragrance products.
Termination Date/Renewal Options: The term of this Agreement expires on October 1, 2022 and may thereafter be extended by Licensee, at its sole option, for unlimited 20-year periods. Such extensions shall be automatic unless Licensee serves written notice of cancellation within 6 months of the expiration of any such 20-year period.
2. | License Agreement and Additional Terms and Conditions dated as of January 1, 2010 , as extended by letter dated December 2, 2014, and Term Sheet and Additional Terms and Conditions dated as of February 3, 2004, as extended by letters dated December 8, 2009 and December 2, 2014, between Britney Brands, Inc. (as Licensor) and Elizabeth Arden, Inc. (as Licensee). |
Subject Matter: Grants exclusive license to Licensee to manufacture, distribute, market, advertise and sell fragrance, cosmetic and skin care products worldwide under the marks BRITNEY SPEARS.
Termination Date/Renewal Option: The term of this Agreement expires on December 31, 2019. There are no renewal options.
3. | License Agreement dated as of May 28, 2008, as amended August 10, 2011, by and among Liz Claiborne, Inc., Juicy Couture, Inc., Lucky Brand Dungarees, Inc. (collectively, as Licensor) and Elizabeth Arden, Inc. (as Licensee). |
Subject Matter: Grants Licensee exclusive rights to manufacture, distribute, market, advertise and sell fragrance, cosmetic and scented ancillary products worldwide under certain marks, including LIZ CLAIBORNE, JUICY COUTURE, and LUCKY.
Termination Date/Renewal Option: The term of this Agreement expires December 31, 2017. There are two renewal options through December 31, 2027 if certain net sales targets and other conditions are met.
The License as to the Juicy Licensed Products can be renewed from 2028 through 2032 if certain net sales targets of Juicy and Lucky Brand Licensed Products and other conditions are met.
Schedule 3.15(a)(ii)
to
Elizabeth Arden, Inc.
Fourth Amended and Restated Credit Agreement
Patent and Trademark List for Borrower and Guarantors
Patents:
See attached Arden Patent Summary.
Trademarks:
See attached Trademarks List.
Friday, July 29, 2016 | Patent List by Case Number | Page 1 |
Case Number Country |
SubCase | Case Type | Application Filing Date |
Publication Publication Date |
Patent Number Issue Date |
Status Expiration Date |
||||||||||||
ARDEN 0007-PRO |
PRO | 60/579,093 | Expired | |||||||||||||||
United States of America |
12-Jun-2004 | 12-Jun-2005 | ||||||||||||||||
Title: Topical Composition for Treating Inflammation |
||||||||||||||||||
ARDEN 0008-PRO |
PRO | 60/652,921 | Expired | |||||||||||||||
United States of America |
14-Feb-2005 | 14-Feb-2006 | ||||||||||||||||
Title: Topical Skin Care Composition |
||||||||||||||||||
ARDEN 0009-AU |
PCT | 2005254035 | 2005254035 | Granted | ||||||||||||||
Australia |
13-Jun-2005 | 07-Jul-2011 | 13-Jun-2025 | |||||||||||||||
Title: Topical Compositions and Methods for Epithelial-Related Conditions |
||||||||||||||||||
ARDEN 0009-CA |
PCT | 2579605 | 2579605 | 2,579,605 | Granted | |||||||||||||
Canada |
13-Jun-2005 | 29-Dec-2005 | 01-Oct-2013 | 13-Jun-2025 | ||||||||||||||
Title: Topical Compositions and Methods for Epithelial-Related Conditions |
||||||||||||||||||
ARDEN 0009-CN |
PCT | 200580027469.3 | 101039689 | 101039689 | Granted | |||||||||||||
China (Peoples Republic) |
13-Jun-2005 | 19-Sep-2007 | 30-Jan-2013 | 13-Jun-2025 | ||||||||||||||
Title: Topical Compositions and Methods for Epithelial-Related Conditions |
||||||||||||||||||
ARDEN 0009-EP |
EPP | 2005757465 | 1765376 | 605585 | Granted | |||||||||||||
Austria |
13-Jun-2005 | 28-Mar-2007 | 10-Apr-2013 | 13-Jun-2025 | ||||||||||||||
Title: Topical Compositions and Methods for Epithelial-Related Conditions |
||||||||||||||||||
ARDEN 0009-EP |
EPP | 2005757465 | 1765376 | EP1765376 | Granted | |||||||||||||
Belgium |
13-Jun-2005 | 28-Mar-2007 | 10-Apr-2013 | 13-Jun-2025 | ||||||||||||||
Title: Topical Compositions and Methods for Epithelial-Related Conditions |
||||||||||||||||||
ARDEN 0009-EP |
EPP | 2005757465 | 1765376 | EP1765376 | Granted | |||||||||||||
Denmark |
13-Jun-2005 | 28-Mar-2007 | 10-Apr-2013 | 13-Jun-2025 | ||||||||||||||
Title: Topical Compositions and Methods for Epithelial-Related Conditions |
||||||||||||||||||
ARDEN 0009-EP |
PCT | 05757465 | 1765376 | EP1765376 | Granted | |||||||||||||
European Patent Convention |
13-Jun-2005 | 28-Mar-2007 | 10-Apr-2013 | 13-Jun-2025 | ||||||||||||||
Title: Topical Compositions and Methods for Epithelial-Related Conditions |
||||||||||||||||||
ARDEN 0009-EP |
EPP | 2005757465 | 1765376 | EP1765376 | Granted | |||||||||||||
France |
13-Jun-2005 | 28-Mar-2007 | 10-Apr-2013 | 13-Jun-2025 | ||||||||||||||
Title: Topical Compositions and Methods for Epithelial-Related Conditions |
||||||||||||||||||
ARDEN 0009-EP |
EPP | 2005757465 | 1765376 | EP1765376 | Granted | |||||||||||||
Germany |
13-Jun-2005 | 28-Mar-2007 | 10-Apr-2013 | 13-Jun-2025 | ||||||||||||||
Title: Topical Compositions and Methods for Epithelial-Related Conditions |
Friday, July 29, 2016 | Patent List by Case Number | Page 2 |
Case Number Country |
SubCase | Case Type | Application Filing Date |
Publication Publication Date |
Patent Number Issue Date |
Status Expiration Date | ||||||||
ARDEN 0009-EP |
EPP | 2005757465 | 1765376 | EP1765376 | Granted | |||||||||
Ireland |
13-Jun-2005 | 28-Mar-2007 | 10-Apr-2013 | 13-Jun-2025 | ||||||||||
Title: Topical Compositions and Methods for Epithelial-Related Conditions |
||||||||||||||
ARDEN 0009-EP |
EPP | 2005757465 | 1765376 | EP1765376 | Granted | |||||||||
Italy |
13-Jun-2005 | 28-Mar-2007 | 10-Apr-2013 | 13-Jun-2025 | ||||||||||
Title: Topical Compositions and Methods for Epithelial-Related Conditions |
||||||||||||||
ARDEN 0009-EP |
EPP | 2005757465 | 1765376 | EP1765376 | Granted | |||||||||
Netherlands |
13-Jun-2005 | 28-Mar-2007 | 10-Apr-2013 | 13-Jun-2025 | ||||||||||
Title: Topical Compositions and Methods for Epithelial-Related Conditions |
||||||||||||||
ARDEN 0009-EP |
EPP | 05757465 | 1765376 | EP1765376 | Granted | |||||||||
Portugal |
13-Jun-2005 | 28-Mar-2007 | 10-Apr-2013 | 13-Jun-2025 | ||||||||||
Title: Topical Compositions and Methods for Epithelial-Related Conditions |
||||||||||||||
ARDEN 0009-EP |
EPP | 2005757465 | 1765376 | EP1765376 | Granted | |||||||||
Spain |
13-Jun-2005 | 28-Mar-2007 | 10-Apr-2013 | 13-Jun-2025 | ||||||||||
Title: Topical Compositions and Methods for Epithelial-Related Conditions |
||||||||||||||
ARDEN 0009-EP |
EPP | 05757465 | 1765376 | EP1765376 | Granted | |||||||||
Sweden |
13-Jun-2005 | 28-Mar-2007 | 10-Apr-2013 | 13-Jun-2025 | ||||||||||
Title: Topical Compositions and Methods for Epithelial-Related Conditions |
||||||||||||||
ARDEN 0009-EP |
EPP | 2005757465 | 1765376 | EP1765376 | Granted | |||||||||
Switzerland |
13-Jun-2005 | 28-Mar-2007 | 10-Apr-2013 | 13-Jun-2025 | ||||||||||
Title: Topical Compositions and Methods for Epithelial-Related Conditions |
||||||||||||||
ARDEN 0009-EP |
EPP | 2005757465 | 1765376 | EP1765376 | Granted | |||||||||
United Kingdom |
13-Jun-2005 | 28-Mar-2007 | 10-Apr-2013 | 13-Jun-2025 | ||||||||||
Title: Topical Compositions and Methods for Epithelial-Related Conditions |
||||||||||||||
ARDEN 0009-JP |
PCT | 2007-527776 | 4987715 | Granted | ||||||||||
Japan |
13-Jun-2005 | 11-May-2012 | 13-Jun-2025 | |||||||||||
Title: Topical Compositions and Methods for Epithelial-Related Conditions |
||||||||||||||
ARDEN 0009-PCT |
ORD | PCT/US05/20555 | WO/2005/123103 | Published | ||||||||||
Patent Cooperation Treaty |
13-Jun-2005 | 29-Dec-2005 | ||||||||||||
Title: Topical Compositions and Methods for Epithelial-Related Conditions |
||||||||||||||
ARDEN 0009-SG |
PCT | 20006086185 | 136163 | Granted | ||||||||||
Singapore |
13-Jun-2005 | 15-Nov-2011 | 13-Jun-2025 | |||||||||||
Title: Topical Compositions and Methods for Epithelial-Related Conditions |
Friday, July 29, 2016 | Patent List by Case Number | Page 3 |
Case Number Country |
SubCase | Case Type | Application Filing Date |
Publication Publication Date |
Patent Number Issue Date |
Status Expiration Date | ||||||||
ARDEN 0009-US |
ORD | 11/151,174 | US-2005-0277694 | 8,338,648 | Granted | |||||||||
United States of America |
13-Jun-2005 | 15-Dec-2005 | 25-Dec-2012 | 13-Jun-2025 | ||||||||||
Title: Topical Compositions and Methods for Epithelial-Related Conditions |
||||||||||||||
ARDEN 0009-USD |
DIV | 12/968,800 | US-2011-0117187 | 8,334,413 | Granted | |||||||||
United States of America |
15-Dec-2010 | 19-May-2011 | 18-Dec-2012 | 13-Jun-2025 | ||||||||||
Title: Topical Compositions and Methods for Epithelial-Related Conditions |
||||||||||||||
ARDEN 0013-AU |
ORD | 57398/98 | 730197 | Granted | ||||||||||
Australia |
06-Mar-1998 | 01-Mar-2001 | 14-Jun-2001 | 06-Mar-2018 | ||||||||||
Title: Anhydrous Cosmetic Composition with Ceramides for Firming Skin |
||||||||||||||
ARDEN 0013-CA |
ORD | 2231121 | 2231121 | 2231121 | Granted | |||||||||
Canada |
04-Mar-1998 | 14-Oct-1998 | 15-May-2007 | 04-Mar-2018 | ||||||||||
Title: Anhydrous Cosmetic Composition with Ceramides for Firming Skin |
||||||||||||||
ARDEN 0013-DE |
EPC | 98302809.3 | 0879593 | 69816521.7 | Granted | |||||||||
Germany |
09-Apr-1998 | 26-Jul-2000 | 23-Jul-2003 | 09-Apr-2018 | ||||||||||
Title: Anhydrous Cosmetic Composition with Ceramides for Firming Skin |
||||||||||||||
ARDEN 0013-EP |
ORD | 98302809.3 | 0879593 | 0879593 | Granted | |||||||||
European Patent Convention |
09-Apr-1998 | 26-Jul-2000 | 23-Jul-2003 | 09-Apr-2018 | ||||||||||
Title: Anhydrous Cosmetic Composition with Ceramides for Firming Skin |
||||||||||||||
ARDEN 0013-ES |
EPC | 98302809.3 | 0879593 | 0879593 | Granted | |||||||||
Spain |
09-Apr-1998 | 26-Jul-2000 | 23-Jul-2003 | 09-Apr-2018 | ||||||||||
Title: Anhydrous Cosmetic Composition with Ceramides for Firming Skin |
||||||||||||||
ARDEN 0013-FR |
EPC | 98302809.3 | 0879593 | 0879593 | Granted | |||||||||
France |
09-Apr-1998 | 26-Jul-2000 | 23-Jul-2003 | 09-Apr-2018 | ||||||||||
Title: Anhydrous Cosmetic Composition with Ceramides for Firming Skin |
||||||||||||||
ARDEN 0013-GB |
EPC | 98302809.3 | 0879593 | 0879593 | Granted | |||||||||
United Kingdom |
09-Apr-1998 | 26-Jul-2000 | 23-Jul-2003 | 09-Apr-2018 | ||||||||||
Title: Anhydrous Cosmetic Composition with Ceramides for Firming Skin |
||||||||||||||
ARDEN 0013-NZ |
ORD | 329902 | 329902 | Granted | ||||||||||
New Zealand |
04-Mar-1998 | 09-Oct-1998 | 04-Mar-2018 | |||||||||||
Title: Anhydrous Cosmetic Composition with Ceramides for Firming Skin |
||||||||||||||
ARDEN 0013-PRO |
PRO | 60/042,006 | Expired | |||||||||||
United States of America |
17-Apr-1997 | 17-Apr-1998 | ||||||||||||
Title: Anhydrous Cosmetic Composition with Ceramides for Firming Skin |
Friday, July 29, 2016 | Patent List by Case Number | Page 4 |
Case Number Country |
SubCase | Case Type | Application Filing Date |
Publication Publication Date |
Patent Number Issue Date |
Status Expiration Date | ||||||||
ARDEN 0013-US |
ORD | 08/978,407 | 6,063,387 | Granted | ||||||||||
United States of America |
25-Nov-1997 | 16-May-2000 | 25-Nov-2017 | |||||||||||
Title: Anhydrous Cosmetic Composition with Ceramides for Firming Skin |
||||||||||||||
ARDEN 0014-PRO |
PRO | 60/130,742 | Expired | |||||||||||
United States of America |
23-Apr-1999 | 23-Apr-2000 | ||||||||||||
Title: Apparatus and Method for Customizing Cosmetic Products |
||||||||||||||
ARDEN 0014-US |
ORD | 09/496,602 | 6,510,366 | Granted | ||||||||||
United States of America |
02-Feb-2000 | 21-Jan-2003 | 02-Feb-2020 | |||||||||||
Title: Apparatus and Method for Customizing Cosmetic Products |
||||||||||||||
ARDEN 0015-AU |
DES | 3508/96 | 131172 | Expired | ||||||||||
Australia |
10-Oct-1996 | 12-Sep-1997 | 10-Oct-2012 | |||||||||||
Title: Bottle Stopper |
||||||||||||||
ARDEN 0015-ES |
DES | 138347 | 138347 | Granted | ||||||||||
Spain |
24-Sep-1996 | 08-Apr-1997 | 08-Apr-2017 | |||||||||||
Title: Bottle Stopper |
||||||||||||||
ARDEN 0015-IB |
DES | DM/037,640 | DM/037,640 | Granted | ||||||||||
International Design - Hague Agreement |
25-Sep-1996 | 25-Sep-1996 | 25-Sep-2046 | |||||||||||
Title: Bottle Stopper |
||||||||||||||
ARDEN 0016-ES |
DES | 141552 | 141552 | Inactive | ||||||||||
Spain |
26-Nov-1997 | 15-Jul-1998 | 15-Jul-2023 | |||||||||||
Title: Combined Container & Closure |
||||||||||||||
ARDEN 0016-GB |
DES | 2070643 | 2070643 | Granted | ||||||||||
United Kingdom |
20-Nov-1997 | 17-Mar-1998 | 20-Nov-2022 | |||||||||||
Title: Combined Container & Closure |
||||||||||||||
ARDEN 0017-US |
PRI | 08/815,822 | 5,882,661 | Granted | ||||||||||
United States of America |
12-Mar-1997 | 16-Mar-1999 | 12-Mar-2017 | |||||||||||
Title: Composition and Method for Topical Application to Skin, Hair and Nails |
||||||||||||||
ARDEN 0018-GB |
DES | 2031250 | 2031250 | Granted | ||||||||||
United Kingdom |
24-May-1993 | 02-Jun-1994 | 24-May-2018 | |||||||||||
Title: Container Cosmetic Sampler |
||||||||||||||
ARDEN 0019-IB |
DES | DM/017936 | DM/017936 | Expired | ||||||||||
International Design - Hague Agreement |
25-Oct-1990 | 25-Oct-1990 | 25-Oct-2015 | |||||||||||
Title: Cosmetic Capsule Design |
Friday, July 29, 2016 | Patent List by Case Number | Page 5 |
Case Number Country |
SubCase | Case Type | Application Filing Date |
Publication Publication Date |
Patent Number Issue Date |
Status Expiration Date | ||||||||||
ARDEN 0020-PCT |
ORD | PCT/2001/019200 | WO/2001/095728 | Published | ||||||||||||
Patent Cooperation Treaty |
13-Jun-2001 | 20-Dec-2001 | ||||||||||||||
Title: Cosmetic Composition for Stressed Skin Under Extreme Conditions |
||||||||||||||||
ARDEN 0020-PRO |
PRO | 60/211,290 | Expired | |||||||||||||
United States of America |
13-Jun-2000 | 13-Jun-2001 | ||||||||||||||
Title: Cosmetic Composition for Stressed Skin Under Extreme Conditions |
||||||||||||||||
ARDEN 0020-US |
ORD | 09/880,245 | 20020012640 | 6,649,178 | Granted | |||||||||||
United States of America |
13-Jun-2001 | 31-Jan-2002 | 18-Nov-2003 | 13-Jun-2021 | ||||||||||||
Title: Cosmetic Composition for Stressed Skin Under Extreme Conditions |
||||||||||||||||
ARDEN 0021-US |
PRI | 09/879,520 | 6,603,550 | Granted | ||||||||||||
United States of America |
12-Jun-2001 | 05-Aug-2003 | 12-Jun-2021 | |||||||||||||
Title: Device, Kit and Method for Selecting Personalized Color Cosmetics |
||||||||||||||||
ARDEN 0022-DE |
EPC | 97301532.4 | 0797976 | 69726327.4 | Granted | |||||||||||
Germany |
07-Mar-1997 | 17-Dec-1997 | 26-Nov-2003 | 07-Mar-2017 | ||||||||||||
Title: Long Wearing Lipstick |
||||||||||||||||
ARDEN 0022-EP |
ORD | 97301532.4 | 0797976 | 0797976 | Granted | |||||||||||
European Patent Convention |
07-Mar-1997 | 17-Dec-1997 | 26-Nov-2003 | 07-Mar-2017 | ||||||||||||
Title: Long Wearing Lipstick |
||||||||||||||||
ARDEN 0022-ES |
EPC | 97301532.4 | 0797976 | 0797976 | Granted | |||||||||||
Spain |
07-Mar-1997 | 17-Dec-1997 | 26-Nov-2003 | 07-Mar-2017 | ||||||||||||
Title: Long Wearing Lipstick |
||||||||||||||||
ARDEN 0022-FR |
EPC | 97301532.4 | 0797976 | 0797976 | Granted | |||||||||||
France |
07-Mar-1997 | 17-Dec-1997 | 26-Nov-2003 | 07-Mar-2017 | ||||||||||||
Title: Long Wearing Lipstick |
||||||||||||||||
ARDEN 0022-GB |
EPC | 97301532.4 | 0797976 | 0797976 | Granted | |||||||||||
United Kingdom |
07-Mar-1997 | 17-Dec-1997 | 26-Nov-2003 | 07-Mar-2017 | ||||||||||||
Title: Long Wearing Lipstick |
||||||||||||||||
ARDEN 0022-US |
PRI | 08/622,503 | 5,667,770 | Expired | ||||||||||||
United States of America |
25-Mar-1996 | 16-Sep-1997 | 25-Mar-2016 | |||||||||||||
Title: Long Wearing Lipstick |
||||||||||||||||
ARDEN 0023-IB |
DES | DM/027,481 | DM/027,481 | Granted | ||||||||||||
International Design - Hague Agreement |
|
19-May-1993 | 19-May-1993 | 19-May-2018 | ||||||||||||
Title: Container Cosmetic Sampler |
Friday, July 29, 2016 | Patent List by Case Number | Page 6 |
Case Number Country |
SubCase | Case Type | Application Filing Date |
Publication Publication Date |
Patent Number Issue Date |
Status Expiration Date |
||||||||||
ARDEN 0024-PRO |
PRO | 60/017,559 | Expired | |||||||||||||
United States of America |
13-May-1996 | 13-May-1997 | ||||||||||||||
Title: Linoleate for Increasing Skin Radiance, Treating Lines/Wrinkles (Cosmetic Comp with Retinyl/Fatty Acid Ester) |
| |||||||||||||||
ARDEN 0024-PRO1 |
PRO | 60/025,803 | Expired | |||||||||||||
United States of America |
28-Aug-1996 | 28-Aug-1997 | ||||||||||||||
Title: Linoleate for Increasing Skin Radiance, Treating Lines/Wrinkles (Cosmetic Comp with Retinyl/Fatty Acid Ester) |
| |||||||||||||||
ARDEN 0024-US |
ORD | 08/834,885 | 5,885,595 | Granted | ||||||||||||
United States of America |
07-Apr-1997 | 23-Mar-1999 | 07-Apr-2017 | |||||||||||||
Title: Linoleate for Increasing Skin Radiance, Treating Lines/Wrinkles (Cosmetic Comp with Retinyl/Fatty Acid Ester) |
| |||||||||||||||
ARDEN 0025-US |
PRI | 07/720,112 | 5,197,814 | Expired | ||||||||||||
United States of America |
24-Jun-1991 | 30-Mar-1993 | 24-Jun-2011 | |||||||||||||
Title: Lipstick Article |
||||||||||||||||
ARDEN 0025-USD |
DIV | 07/887,215 | 5,342,134 | Expired | ||||||||||||
United States of America |
21-May-1992 | 30-Aug-1994 | 30-Aug-2011 | |||||||||||||
Title: Lipstick Article |
||||||||||||||||
ARDEN 0026-US |
PRI | 08/110,273 | 5,903,465 | Expired | ||||||||||||
United States of America |
23-Aug-1993 | 11-May-1999 | 11-May-2016 | |||||||||||||
Title: Method and Apparatus for Customizing Cosmetic Products |
||||||||||||||||
ARDEN 0027-US |
PRI | 08/820,516 | 5,785,960 | Granted | ||||||||||||
United States of America |
19-Mar-1997 | 28-Jul-1998 | 19-Mar-2017 | |||||||||||||
Title: Method And System For Customizing Dermatological Foundation Products |
||||||||||||||||
ARDEN 0027-US1 |
CIP | 09/033,176 | 5,945,112 | Granted | ||||||||||||
United States of America |
02-Mar-1998 | 31-Aug-1999 | 19-Mar-2017 | |||||||||||||
Title: Method And System For Customizing Dermatological Foundation Products |
||||||||||||||||
ARDEN 0028-ES |
DES | 138346 | 138346 | Granted | ||||||||||||
Spain |
24-Sep-1996 | 15-Jul-1997 | 15-Jul-2017 | |||||||||||||
Title: Ornamental Design for a Bottle |
||||||||||||||||
ARDEN 0028-IB |
DES | DM/037641 | DM/037641 | Granted | ||||||||||||
International Design - Hague Agreement |
25-Sep-1996 | 25-Sep-1996 | 25-Sep-2046 | |||||||||||||
Title: Ornamental Design for a Bottle |
||||||||||||||||
ARDEN 0029-AU |
ORD | 65346/99 | 770443 | Granted | ||||||||||||
Australia |
20-Dec-1999 | 03-Jun-2004 | 20-Dec-2019 | |||||||||||||
Title: Packaged Cosmetic Product |
Friday, July 29, 2016 | Patent List by Case Number | Page 7 |
Case Number Country |
SubCase | Case Type | Application Filing Date |
Publication Publication Date |
Patent Number Issue Date |
Status Expiration Date |
||||||||||
ARDEN 0029-CA |
ORD | 2292225 | 2292225 | 2292225 | Granted | |||||||||||
Canada |
14-Dec-1999 | 14-Mar-2001 | 25-Nov-2008 | 14-Dec-2019 | ||||||||||||
Title: Packaged Cosmetic Product |
||||||||||||||||
ARDEN 0029-US |
PRI | 09/395,951 | 6,062,391 | Granted | ||||||||||||
United States of America |
14-Sep-1999 | 16-May-2000 | 14-Sep-2019 | |||||||||||||
Title: Packaged Cosmetic Product |
||||||||||||||||
ARDEN 0030-GB |
DES | 2018230 | 2018230 | Granted | ||||||||||||
United Kingdom |
11-Oct-1991 | 21-Oct-1992 | 11-Oct-2016 | |||||||||||||
Title: Perfume Bottle with Cap (Bow Top/Rhinestones & Bow) |
||||||||||||||||
ARDEN 0030-IB |
DES | DM/020129 | DM/020129 | Inactive | ||||||||||||
International Design - Hague Agreement |
12-Jul-1991 | 31-Dec-1991 | 12-Jul-2016 | |||||||||||||
Title: Perfume Bottle with Cap (Bow Top/Rhinestones & Bow) |
||||||||||||||||
ARDEN 0031-AU |
PCT | 15965/97 | 722604 | Granted | ||||||||||||
Australia |
23-Jan-1997 | 10-Aug-2000 | 23-Nov-2000 | 23-Jan-2017 | ||||||||||||
Title: Skin Treatment With Salicylic Acid Esters And Retinoids |
||||||||||||||||
ARDEN 0031-CA |
PCT | 2233222 | 2233222 | 2233222 | Granted | |||||||||||
Canada |
23-Jan-1997 | 28-Aug-1997 | 08-Jul-2003 | 23-Jan-2017 | ||||||||||||
Title: Skin Treatment With Salicylic Acid Esters And Retinoids |
||||||||||||||||
ARDEN 0031-CN |
PCT | 97191306-4 | 1204958 | Abandoned | ||||||||||||
China (Peoples Republic) |
23-Jan-1997 | 13-Jan-1999 | 23-Jan-2017 | |||||||||||||
Title: Skin Treatment With Salicylic Acid Esters And Retinoids |
||||||||||||||||
ARDEN 0031-DE |
EPP | 97902254.8 | 0881896 | 69712322.7 | Granted | |||||||||||
Germany |
23-Jan-1997 | 09-Dec-1998 | 02-May-2002 | 23-Jan-2017 | ||||||||||||
Title: Skin Treatment With Salicylic Acid Esters And Retinoids |
||||||||||||||||
ARDEN 0031-EP |
PCT | 97902254.8 | 0881896 | 0881896 | Granted | |||||||||||
European Patent Convention |
23-Jan-1997 | 09-Dec-1998 | 02-May-2002 | 23-Jan-2017 | ||||||||||||
Title: Skin Treatment With Salicylic Acid Esters And Retinoids |
||||||||||||||||
ARDEN 0031-ES |
EPP | 97902254.8 | 0881896 | 0881896 | Granted | |||||||||||
Spain |
23-Jan-1997 | 09-Dec-1998 | 02-May-2002 | 23-Jan-2017 | ||||||||||||
Title: Skin Treatment With Salicylic Acid Esters And Retinoids |
||||||||||||||||
ARDEN 0031-FR |
EPP | 97902254.8 | 0881896 | 0881896 | Granted | |||||||||||
France |
23-Jan-1997 | 09-Dec-1998 | 02-May-2002 | 23-Jan-2017 | ||||||||||||
Title: Skin Treatment With Salicylic Acid Esters And Retinoids |
Friday, July 29, 2016 | Patent List by Case Number | Page 8 |
Case Number Country |
SubCase | Case Type | Application Filing Date |
Publication Publication Date |
Patent Number Issue Date |
Status Expiration Date |
||||||||||
ARDEN 0031-PCT |
ORD | PCT/EP97/00387 | WO/1997/030691 | Published | ||||||||||||
Patent Cooperation Treaty |
23-Jan-1997 | 28-Aug-1997 | 23-Jan-2017 | |||||||||||||
Title: Skin Treatment With Salicylic Acid Esters And Retinoids |
||||||||||||||||
ARDEN 0031-PRO |
PRO | 60/012,217 | Expired | |||||||||||||
United States of America |
23-Feb-1996 | 23-Feb-1997 | ||||||||||||||
Title: Skin Treatment With Salicylic Acid Esters And Retinoids |
||||||||||||||||
ARDEN 0031-US |
ORD | 08/757,784 | 5,728,732 | Granted | ||||||||||||
United States of America |
27-Nov-1996 | 17-Mar-1998 | 27-Nov-2016 | |||||||||||||
Title: Skin Treatment With Salicylic Acid Esters And Retinoids |
||||||||||||||||
ARDEN 0032-PRO |
PRO | 60/145,128 | Expired | |||||||||||||
United States of America |
22-Jul-1999 | 22-Jul-2000 | ||||||||||||||
Title: Silicone Elastomer Emulsions Stabilized with Pentylene Glycol |
||||||||||||||||
ARDEN 0032-US |
ORD | 09/533,876 | 6,548,074 | Granted | ||||||||||||
United States of America |
22-Mar-2000 | 15-Apr-2003 | 22-Mar-2020 | |||||||||||||
Title: Silicone Elastomer Emulsions Stabilized with Pentylene Glycol |
||||||||||||||||
ARDEN 0035-US |
PRI | 08/670,390 | 5,741,497 | Expired | ||||||||||||
United States of America |
25-Jun-1996 | 21-Apr-1998 | 25-Jun-2016 | |||||||||||||
Title: Skin Treatment with Salicylic Acid Esters |
||||||||||||||||
ARDEN 0035-US1 |
CIP | 08/852,716 | 5,891,451 | Expired | ||||||||||||
United States of America |
07-May-1997 | 06-Apr-1999 | 25-Jun-2016 | |||||||||||||
Title: Skin Treatment with Salicylic Acid Esters |
||||||||||||||||
ARDEN 0036-AT |
EPP | 00945551.0 | 1194115 | E279902 | Granted | |||||||||||
Austria |
19-May-2000 | 10-Apr-2002 | 20-Oct-2004 | 19-May-2020 | ||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effect |
||||||||||||||||
ARDEN 0036-ATD |
EDV | 04010332.7 | 1449511 | E341306 | Granted | |||||||||||
Austria |
19-May-2000 | 25-Aug-2004 | 04-Oct-2006 | 19-May-2020 | ||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effect |
||||||||||||||||
ARDEN 0036-AU |
PCT | 59624/00 | 767909 | Granted | ||||||||||||
Australia |
19-May-2000 | 11-Mar-2004 | 19-May-2020 | |||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effect |
||||||||||||||||
ARDEN 0036-BE |
EPP | 00945551.0 | 1194115 | 1194115 | Granted | |||||||||||
Belgium |
19-May-2000 | 10-Apr-2002 | 20-Oct-2004 | 19-May-2020 | ||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effect |
Friday, July 29, 2016 | Patent List by Case Number | Page 9 |
Case Number Country |
SubCase | Case Type | Application Filing Date |
Publication Publication Date |
Patent Number Issue Date |
Status Expiration Date |
||||||||||
ARDEN 0036-BED |
EDV | 04010332.7 | 1449511 | 1449511 | Granted | |||||||||||
Belgium |
19-May-2000 | 25-Aug-2004 | 04-Oct-2006 | 19-May-2020 | ||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effect |
||||||||||||||||
ARDEN 0036-BR |
PCT | PI0011958-0 | PI0011958-0 | Granted | ||||||||||||
Brazil |
19-May-2000 | 12-Mar-2002 | 27-Aug-2013 | 27-Aug-2023 | ||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effect |
||||||||||||||||
ARDEN 0036-BR1 |
PCT | PI0017582-0 | PI 0017582-0 | Published | ||||||||||||
Brazil |
14-Jun-2010 | 02-Dec-2014 | 02-Dec-2024 | |||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effect |
||||||||||||||||
ARDEN 0036-CA |
PCT | 2375537 | 2375537 | 2375537 | Granted | |||||||||||
Canada |
19-May-2000 | 18-Jan-2001 | 13-Jul-2004 | 19-May-2020 | ||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effect |
||||||||||||||||
ARDEN 0036-CH |
EPP | 00945551.0 | 1194115 | 1194115 | Granted | |||||||||||
Switzerland |
19-May-2000 | 10-Apr-2002 | 20-Oct-2004 | 19-May-2020 | ||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effect |
||||||||||||||||
ARDEN 0036-CHD |
EDV | 04010332.7 | 1449511 | 1449511 | Granted | |||||||||||
Switzerland |
19-May-2000 | 25-Aug-2004 | 04-Oct-2006 | 19-May-2020 | ||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effect |
||||||||||||||||
ARDEN 0036-CN |
PCT | 00809884.0 | 1359285 | 1212826 | Granted | |||||||||||
China (Peoples Republic) |
19-May-2000 | 17-Jul-2002 | 03-Aug-2005 | 19-May-2020 | ||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effect |
||||||||||||||||
ARDEN 0036-CY |
EPP | 00945551.0 | 1194115 | 1194115 | Abandoned | |||||||||||
Cyprus, Republic of |
19-May-2000 | 10-Apr-2002 | 20-Oct-2004 | 19-May-2020 | ||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effect |
||||||||||||||||
ARDEN 0036-CYD |
EDV | 04010332.7 | 1449511 | 1449511 | Abandoned | |||||||||||
Cyprus, Republic of |
19-May-2000 | 25-Aug-2004 | 04-Oct-2006 | 19-May-2020 | ||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effect |
||||||||||||||||
ARDEN 0036-DE |
PRI | 19932197.3 | Inactive | |||||||||||||
Germany |
09-Jul-1999 | |||||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effect |
||||||||||||||||
ARDEN 0036-DE1 |
EPP | 00945551.0 | 1194115 | 50008337.1 | Granted | |||||||||||
Germany |
19-May-2000 | 10-Apr-2002 | 20-Oct-2004 | 19-May-2020 | ||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effect |
Friday, July 29, 2016 | Patent List by Case Number | Page 10 |
Case Number Country |
SubCase | Case Type | Application Filing Date |
Publication Publication Date |
Patent Number Issue Date |
Status Expiration Date |
||||||||||
ARDEN 0036-DED |
EDV | 04010332.7 | 1449511 | 50013579.7 | Granted | |||||||||||
Germany |
19-May-2000 | 25-Aug-2004 | 04-Oct-2006 | 19-May-2020 | ||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effect |
||||||||||||||||
ARDEN 0036-DK |
EPP | 00945551.0 | 1194115 | 1194115 | Granted | |||||||||||
Denmark |
19-May-2000 | 10-Apr-2002 | 20-Oct-2004 | 19-May-2020 | ||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effect |
||||||||||||||||
ARDEN 0036-DKD |
EDV | 04010332.7 | 1449511 | 1449511 | Granted | |||||||||||
Denmark |
19-May-2000 | 25-Aug-2004 | 04-Oct-2006 | 19-May-2020 | ||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effect |
||||||||||||||||
ARDEN 0036-EP |
PCT | 00945551.0 | 1194115 | 1194115 | Granted | |||||||||||
European Patent Convention |
19-May-2000 | 10-Apr-2002 | 20-Oct-2004 | 19-May-2020 | ||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effect |
||||||||||||||||
ARDEN 0036-EPD |
DIV | 04010332.7 | 1449511 | 1449511 | Granted | |||||||||||
European Patent Convention |
19-May-2000 | 25-Aug-2004 | 04-Oct-2006 | 19-May-2020 | ||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effect |
||||||||||||||||
ARDEN 0036-ES |
EPP | 00945551.0 | 1194115 | 1194115 | Granted | |||||||||||
Spain |
19-May-2000 | 10-Apr-2002 | 20-Oct-2004 | 19-May-2020 | ||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effect |
||||||||||||||||
ARDEN 0036-ESD |
EDV | 04010332.7 | 1449511 | 1449511 | Granted | |||||||||||
Spain |
19-May-2000 | 25-Aug-2004 | 04-Oct-2006 | 19-May-2020 | ||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effect |
||||||||||||||||
ARDEN 0036-FR |
EPP | 00945551.0 | 1194115 | 1194115 | Granted | |||||||||||
France |
19-May-2000 | 10-Apr-2002 | 20-Oct-2004 | 19-May-2020 | ||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effect |
||||||||||||||||
ARDEN 0036-FRD |
EDV | 04010332.7 | 1449511 | 1449511 | Granted | |||||||||||
France |
19-May-2000 | 25-Aug-2004 | 04-Oct-2006 | 19-May-2020 | ||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effect |
||||||||||||||||
ARDEN 0036-GB |
EPP | 00945551.0 | 1194115 | 1194115 | Granted | |||||||||||
United Kingdom |
19-May-2000 | 10-Apr-2002 | 20-Oct-2004 | 19-May-2020 | ||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effect |
||||||||||||||||
ARDEN 0036-GBD |
EDV | 04010332.7 | 1449511 | 1449511 | Granted | |||||||||||
United Kingdom |
19-May-2000 | 25-Aug-2004 | 04-Oct-2006 | 19-May-2020 | ||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effect |
Friday, July 29, 2016 | Patent List by Case Number | Page 11 |
Case Number Country |
SubCase | Case Type | Application Filing Date |
Publication Publication Date |
Patent Number Issue Date |
Status Expiration Date |
||||||||||
ARDEN 0036-GR |
EPP | 00945551.0 | 1194115 | 1194115 | Abandoned | |||||||||||
Greece |
19-May-2000 | 10-Apr-2002 | 20-Oct-2004 | 19-May-2020 | ||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effect |
||||||||||||||||
ARDEN 0036-GRD |
EDV | 04010332.7 | 1449511 | 1449511 | Abandoned | |||||||||||
Greece |
19-May-2000 | 25-Aug-2004 | 04-Oct-2006 | 19-May-2020 | ||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effect |
||||||||||||||||
ARDEN 0036-HK |
PCX | 05101647.0 | 1071507 | 1071507 | Granted | |||||||||||
Hong Kong |
19-May-2000 | 22-Jul-2005 | 14-Sep-2007 | 19-May-2020 | ||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effect |
||||||||||||||||
ARDEN 0036-IE |
EPP | 00945551.0 | 1194115 | 1194115 | Granted | |||||||||||
Ireland |
19-May-2000 | 10-Apr-2002 | 20-Oct-2004 | 19-May-2020 | ||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effect |
||||||||||||||||
ARDEN 0036-IED |
EDV | 04010332.7 | 1449511 | 1449511 | Granted | |||||||||||
Ireland |
19-May-2000 | 25-Aug-2004 | 04-Oct-2006 | 19-May-2020 | ||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effect |
||||||||||||||||
ARDEN 0036-IT |
EPP | 00945551.0 | 1194115 | 1194115 | Granted | |||||||||||
Italy |
19-May-2000 | 10-Apr-2002 | 20-Oct-2004 | 19-May-2020 | ||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effect |
||||||||||||||||
ARDEN 0036-ITD |
EDV | 04010332.7 | 1449511 | 1449511 | Granted | |||||||||||
Italy |
19-May-2000 | 25-Aug-2004 | 04-Oct-2006 | 19-May-2020 | ||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effect |
||||||||||||||||
ARDEN 0036-LU |
EPP | 00945551.0 | 1194115 | 1194115 | Granted | |||||||||||
Luxembourg |
19-May-2000 | 10-Apr-2002 | 20-Oct-2004 | 19-May-2020 | ||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effect |
||||||||||||||||
ARDEN 0036-LUD |
EDV | 04010332.7 | 1449511 | 1449511 | Granted | |||||||||||
Luxembourg |
19-May-2000 | 25-Aug-2004 | 04-Oct-2006 | 19-May-2020 | ||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effect |
||||||||||||||||
ARDEN 0036-MC |
EPP | 00945551.0 | 1194115 | 1194115 | Abandoned | |||||||||||
Monaco |
19-May-2000 | 10-Apr-2002 | 20-Oct-2004 | 19-May-2020 | ||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effect |
||||||||||||||||
ARDEN 0036-MCD |
EDV | 04010332.7 | 1449511 | 1449511 | Abandoned | |||||||||||
Monaco |
19-May-2000 | 25-Aug-2004 | 04-Oct-2006 | 19-May-2020 | ||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effect |
Friday, July 29, 2016 | Patent List by Case Number | Page 12 |
Case Number Country |
SubCase | Case Type | Application Filing Date |
Publication Publication Date |
Patent Number Issue Date |
Status Expiration Date |
||||||||||
ARDEN 0036-NL |
EPP | 00945551.0 | 1194115 | 1194115 | Granted | |||||||||||
Netherlands |
19-May-2000 | 10-Apr-2002 | 20-Oct-2004 | 19-May-2020 | ||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effect |
||||||||||||||||
ARDEN 0036-NLD |
EDV | 04010332.7 | 1449511 | 1449511 | Granted | |||||||||||
Netherlands |
19-May-2000 | 25-Aug-2004 | 04-Oct-2006 | 19-May-2020 | ||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effect |
||||||||||||||||
ARDEN 0036-NO |
EPP | 20020071 | 325136 | 325136 | Granted | |||||||||||
Norway |
19-May-2000 | 04-Feb-2008 | 04-Feb-2008 | 19-May-2020 | ||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effect |
||||||||||||||||
ARDEN 0036-NOD |
EDV | 20052446 | 0334695 | Granted | ||||||||||||
Norway |
19-May-2000 | 12-May-2014 | 19-May-2020 | |||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effect |
||||||||||||||||
ARDEN 0036-PCT |
ORD | PCT/DE00/01636 | Expired | |||||||||||||
Patent Cooperation Treaty |
19-May-2000 | |||||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effects. |
||||||||||||||||
ARDEN 0036-PT |
EPP | 00945551.0 | 1194115 | 1194115 | Granted | |||||||||||
Portugal |
19-May-2000 | 10-Apr-2002 | 20-Oct-2004 | 19-May-2020 | ||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effect |
||||||||||||||||
ARDEN 0036-PTD |
EDV | 04010332.7 | 1449511 | 1449511 | Granted | |||||||||||
Portugal |
19-May-2000 | 25-Aug-2004 | 04-Oct-2006 | 19-May-2020 | ||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effect |
||||||||||||||||
ARDEN 0036-SE |
EPP | 00945551.0 | 1194115 | 1194115 | Granted | |||||||||||
Sweden |
19-May-2000 | 10-Apr-2002 | 20-Oct-2004 | 19-May-2020 | ||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effect |
||||||||||||||||
ARDEN 0036-SED |
EDV | 04010332.7 | 1449511 | 1449511 | Granted | |||||||||||
Sweden |
19-May-2000 | 25-Aug-2004 | 04-Oct-2006 | 19-May-2020 | ||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effect |
||||||||||||||||
ARDEN 0036-US |
PCT | 10/030,842 | US 6,756,045 B1 | Granted | ||||||||||||
United States of America |
09-Jan-2002 | 29-Jun-2004 | 19-May-2020 | |||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effect |
||||||||||||||||
ARDEN 0036-ZA |
PCT | 2002/0053 | 2002/0053 | Granted | ||||||||||||
South Africa |
19-May-2000 | 26-Mar-2003 | 19-May-2020 | |||||||||||||
Title: Topically Applied Idebenone-Containing Agent with Protective and Regenerative Effect |
Friday, July 29, 2016 | Patent List by Case Number | Page 13 |
Case Number Country |
SubCase | Case Type | Application Filing Date |
Publication Publication Date |
Patent Number Issue Date |
Status Expiration Date | ||||||||
ARDEN 0037-AU |
PCT | 2009309056 | 2009309056 | Granted | ||||||||||
Australia |
06-Oct-2009 | 06-Mar-2014 | 06-Oct-2029 | |||||||||||
Title: Skin Treatments Containing Carboxylic Acid-Substituted Idebenone Derivatives and Methods of Preparation and Use Thereof | ||||||||||||||
ARDEN 0037-BR |
PCT | PI0920020-7 | Pending | |||||||||||
Brazil |
06-Oct-2009 | 06-Oct-2029 | ||||||||||||
Title: Skin Treatments Containing Carboxylic Acid-Substituted Idebenone Derivatives and Methods of Preparation and Use Thereof | ||||||||||||||
ARDEN 0037-CA |
PCT | 2,739,974 | 2739974 | Published | ||||||||||
Canada |
06-Oct-2009 | 06-May-2010 | 06-Oct-2029 | |||||||||||
Title: Skin Treatments Containing Carboxylic Acid-Substituted Idebenone Derivatives and Methods of Preparation and Use Thereof | ||||||||||||||
ARDEN 0037-CN |
PCT | 200980139639.5 | 102231996 | 102231996 | Granted | |||||||||
China (Peoples Republic) |
06-Oct-2009 | 02-Nov-2011 | 26-Nov-2014 | 06-Oct-2029 | ||||||||||
Title: Skin Treatments Containing Carboxylic Acid-Substituted Idebenone Derivatives and Methods of Preparation and Use Thereof | ||||||||||||||
ARDEN 0037-EP |
PCT | 09807729.0 | 2344256 | Published | ||||||||||
European Patent Convention |
06-Oct-2009 | 20-Jul-2011 | 06-Oct-2029 | |||||||||||
Title: Skin Treatments Containing Carboxylic Acid-Substituted Idebenone Derivatives and Methods of Preparation and Use Thereof | ||||||||||||||
ARDEN 0037-HK |
PCX | 12103450.3 | 1162996A | ZL200980139639.5 Granted | ||||||||||
Hong Kong |
06-Oct-2009 | 26-Apr-2013 | 26-Nov-2014 | 06-Oct-2029 | ||||||||||
Title: Skin Treatments Containing Carboxylic Acid-Substituted Idebenone Derivatives and Methods of Preparation and Use Thereof | ||||||||||||||
ARDEN 0037-IL |
PCT | 211844 | 211844 | Granted | ||||||||||
Israel |
06-Oct-2009 | 31-Aug-2014 | 01-Dec-2014 | 06-Oct-2029 | ||||||||||
Title: Skin Treatments Containing Carboxylic Acid-Substituted Idebenone Derivatives and Methods of Preparation and Use Thereof | ||||||||||||||
ARDEN 0037-IN |
PCT | 2114/DELNP/2011 | Pending | |||||||||||
India |
06-Oct-2009 | 06-Oct-2029 | ||||||||||||
Title: Skin Treatments Containing Carboxylic Acid-Substituted Idebenone Derivatives and Methods of Preparation and Use Thereof | ||||||||||||||
ARDEN 0037-JP |
PCT | 2011-530300 | 5739335 | 5739335 | Granted | |||||||||
Japan |
06-Oct-2009 | 01-May-2015 | 01-May-2015 | 06-Oct-2029 | ||||||||||
Title: Skin Treatments Containing Carboxylic Acid-Substituted Idebenone Derivatives and Methods of Preparation and Use Thereof |
Friday, July 29, 2016 | Patent List by Case Number | Page 14 |
Case Number Country |
SubCase | Case Type | Application Filing Date |
Publication Publication Date |
Patent Number Issue Date |
Status Expiration Date | ||||||||
ARDEN 0037-KR |
PCT | 10-2011-7010489 | 1630240 | Granted | ||||||||||
Korea, Republic of |
06-Oct-2009 | 06-Oct-2029 | ||||||||||||
Title: Skin Treatments Containing Carboxylic Acid-Substituted Idebenone Derivatives and Methods of Preparation and Use Thereof | ||||||||||||||
ARDEN 0037-MX |
PCT | MX/a/2011/003361 | 317974 | Granted | ||||||||||
Mexico |
06-Oct-2009 | 12-Feb-2014 | 06-Oct-2029 | |||||||||||
Title: Skin Treatments Containing Carboxylic Acid-Substituted Idebenone Derivatives and Methods of Preparation and Use Thereof | ||||||||||||||
ARDEN 0037-NZ |
PCT | 592663 | 592663 | Granted | ||||||||||
New Zealand |
06-Oct-2009 | 11-Dec-2012 | 06-Oct-2029 | |||||||||||
Title: Skin Treatments Containing Carboxylic Acid-Substituted Idebenone Derivatives and Methods of Preparation and Use Thereof | ||||||||||||||
ARDEN 0037-PCT |
PRI | PCT/US2009/059673WO 2010/051138 |
Expired | |||||||||||
Patent Cooperation Treaty |
06-Oct-2009 | 06-May-2010 | ||||||||||||
Title: Skin Treatments Containing Carboxylic Acid-Substituted Idebenone Derivatives and Methods of Preparation and Use Thereof | ||||||||||||||
ARDEN 0037-RU |
PCT | 2011112707 | 2537299 | Granted | ||||||||||
Russian Federation |
06-Oct-2009 | 20-Nov-2012 | 27-Dec-2014 | 06-Oct-2029 | ||||||||||
Title: Skin Treatments Containing Carboxylic Acid-Substituted Idebenone Derivatives and Methods of Preparation and Use Thereof | ||||||||||||||
ARDEN 0037-SG |
PCT | 201102435-3 | Abandoned | |||||||||||
Singapore |
06-Apr-2011 | 06-Oct-2029 | ||||||||||||
Title: Skin Treatments Containing Carboxylic Acid-Substituted Idebenone Derivatives and Methods of Preparation and Use Thereof | ||||||||||||||
ARDEN 0037-SGD |
DIV | 201307455-4 | 0194410 | Published | ||||||||||
Singapore |
06-Oct-2009 | 29-Nov-2013 | 06-Oct-2029 | |||||||||||
Title: Skin Treatments Containing Carboxylic Acid-Substituted Idebenone Derivatives and Methods of Preparation and Use Thereof | ||||||||||||||
ARDEN 0037-US |
ORD | 12/574,135 | US 2010-0086494 | 8,173,703 | Granted | |||||||||
United States of America |
06-Oct-2009 | 08-Apr-2010 | 08-May-2012 | 06-Oct-2029 | ||||||||||
Title: Skin Treatments With Carboxylic Acid-Substituted Idebenone Derivatives | ||||||||||||||
ARDEN 0037-US1 |
DIV | 13/349,651 | US 2012-0130098 | 8,354,550 | Granted | |||||||||
United States of America |
13-Jan-2012 | 24-May-2012 | 15-Jan-2013 | 06-Oct-2029 | ||||||||||
Title: Skin Treatments Containing Carboxylic Acid-Substituted Idebenone Derivatives and Methods of Preparation and Use Thereof |
Friday, July 29, 2016 | Patent List by Case Number | Page 15 |
Case Number Country |
SubCase | Case Type | Application Filing Date |
Publication Publication Date |
Patent Number Issue Date |
Status Expiration Date |
||||||||||||
ARDEN 0037-US2 |
DIV | 13/714,136 | US 2013-0101534 | 9,290,436 | Granted | |||||||||||||
United States of America |
13-Dec-2012 | 25-Apr-2013 | 22-Mar-2016 | 06-Oct-2029 | ||||||||||||||
Title: Compositions Containing Carboxylic Acid-Substituted Derivatives |
||||||||||||||||||
ARDEN 0037-US3 |
CON | 15,018,259 | 20160151260 | Published | ||||||||||||||
United States of America |
08-Feb-2016 | 02-Jun-2016 | 06-Oct-2029 | |||||||||||||||
Title: Skin Treatments Containing Carboxylic Acid-Substituted Idebenone Derivatives and Methods of Preparation and Use Thereof |
||||||||||||||||||
ARDEN 0037-ZA |
PCT | 2011/01965 | 2011/01965 | Granted | ||||||||||||||
South Africa |
06-Oct-2009 | 26-Sep-2012 | 06-Oct-2029 | |||||||||||||||
Title: Skin Treatments Containing Carboxylic Acid-Substituted Idebenone Derivatives and Methods of Preparation and Use Thereof |
||||||||||||||||||
ARDEN 0040-CA |
DES | 146,761 | 146,761 | Granted | ||||||||||||||
Canada |
03-Aug-2012 | 15-May-2013 | 15-May-2023 | |||||||||||||||
Title: Perfume Bottle |
||||||||||||||||||
ARDEN 0040-EP1 |
DES | 001341150-0001 | 001341150-0001 | Granted | ||||||||||||||
European Patent Convention |
21-Aug-2012 | 19-Oct-2012 | 21-Aug-2037 | |||||||||||||||
Title: Perfume Bottle |
||||||||||||||||||
ARDEN 0040-EP2 |
DES | 001341150-0002 | 001341150-0002 | Granted | ||||||||||||||
European Patent Convention |
21-Aug-2012 | 19-Oct-2012 | 21-Aug-2037 | |||||||||||||||
Title: Perfume Bottle |
||||||||||||||||||
ARDEN 0040-EP3 |
DES | 001341150-0003 | 001341150-0003 | Granted | ||||||||||||||
European Patent Convention |
21-Aug-2012 | 19-Oct-2012 | 21-Aug-2037 | |||||||||||||||
Title: Perfume Bottle |
||||||||||||||||||
ARDEN 0040-US |
DES | 29/414,481 | D721,971 | Granted | ||||||||||||||
United States of America |
29-Feb-2012 | 03-Feb-2015 | 03-Feb-2029 | |||||||||||||||
Title: Perfume Bottle |
||||||||||||||||||
ARDEN 0040-USD |
DES | 29/511,771 | D763100 | Granted | ||||||||||||||
United States of America |
12-Dec-2014 | 09-Aug-2016 | 09-Aug-2030 | |||||||||||||||
Title: Perfume Bottle |
||||||||||||||||||
ARDEN 0041-AU |
PCT | 2013315557 | Pending | |||||||||||||||
Australia |
11-Sep-2013 | |||||||||||||||||
Title: Formulations Comprising Idebenone, N-Acetyl-S-Farnesyl-L-Cysteine and
Ergothioneine and Uses |
| |||||||||||||||||
ARDEN 0041-BR |
PCT | BR 11 2015 005789 | Pending | |||||||||||||||
Brazil |
11-Sep-2013 | |||||||||||||||||
Title: Formulations Comprising Idebenone, N-Acetyl-S-Farnesyl-L-Cysteine and Ergothioneine and Uses Thereof |
|
Friday, July 29, 2016 | Patent List by Case Number | Page 16 |
Case Number Country |
SubCase | Case Type | Application Filing Date |
Publication Publication Date |
Patent Number Issue Date |
Status Expiration Date |
||||||||||||
ARDEN 0041-CA |
PCT | 2,884,115 | 2,884,115 | Published | ||||||||||||||
Canada |
11-Sep-2013 | 20-Mar-2014 | ||||||||||||||||
Title: Formulations Comprising Idebenone, N-Acetyl-S-Farnesyl-L-Cysteine and Ergothioneine and Uses Thereof |
| |||||||||||||||||
ARDEN 0041-CN |
PCT | 201380055596.9 | CN 104853753 A | Published | ||||||||||||||
China (Peoples Republic) |
11-Sep-2013 | 19-Aug-2015 | ||||||||||||||||
Title: Formulations Comprising Idebenone, N-Acetyl-S-Farnesyl-L-Cysteine and Ergothioneine and Uses Thereof |
| |||||||||||||||||
ARDEN 0041-EP |
PCT | 13836558.0 | 2895159 | Published | ||||||||||||||
European Patent Convention |
11-Sep-2013 | 22-Jul-2015 | ||||||||||||||||
Title: Formulations Comprising Idebenone, N-Acetyl-S-Farnesyl-L-Cysteine and Ergothioneine and Uses Thereof |
| |||||||||||||||||
ARDEN 0041-HK |
PCX | 15107270.9 | 1206621A | Published | ||||||||||||||
Hong Kong |
11-Sep-2013 | 15-Jan-2016 | ||||||||||||||||
Title: Formulations Comprising Idebenone, N-Acetyl-S-Farnesyl-L-Cysteine and Ergothioneine and Uses Thereof |
| |||||||||||||||||
ARDEN 0041-IL |
PCT | 237693 | Pending | |||||||||||||||
Israel |
11-Sep-2013 | |||||||||||||||||
Title: Formulations Comprising Idebenone, N-Acetyl-S-Farnesyl-L-Cysteine and Ergothioneine and Uses Thereof |
| |||||||||||||||||
ARDEN 0041-IN |
PCT | 2270/DELNP/2015 | Pending | |||||||||||||||
India |
11-Sep-2013 | |||||||||||||||||
Title: Formulations Comprising Idebenone, N-Acetyl-S-Farnesyl-L-Cysteine and Ergothioneine and Uses Thereof |
| |||||||||||||||||
ARDEN 0041-JP |
PCT | 2015-532021 | 2015-528499 | Published | ||||||||||||||
Japan |
11-Sep-2013 | 28-Sep-2015 | ||||||||||||||||
Title: Formulations Comprising Idebenone, N-Acetyl-S-Farnesyl-L-Cysteine and Ergothioneine and Uses Thereof |
| |||||||||||||||||
ARDEN 0041-KR |
PCT | 10-2015-7009426 | Pending | |||||||||||||||
Korea, Republic of |
11-Sep-2013 | |||||||||||||||||
Title: Formulations Comprising Idebenone, N-Acetyl-S-Farnesyl-L-Cysteine and Ergothioneine and Uses Thereof |
| |||||||||||||||||
ARDEN 0041-MX |
PCT | MX/a/ 2015/003074 |
Pending | |||||||||||||||
Mexico |
11-Sep-2013 | |||||||||||||||||
Title: Formulations Comprising Idebenone, N-Acetyl-S-Farnesyl-L-Cysteine and Ergothioneine and Uses Thereof |
| |||||||||||||||||
ARDEN 0041-NZ |
PCT | 705776 | Pending | |||||||||||||||
New Zealand |
11-Sep-2013 | |||||||||||||||||
Title: Formulations Comprising Idebenone, N-Acetyl-S-Farnesyl-L-Cysteine and Ergothioneine and Uses Thereof |
| |||||||||||||||||
ARDEN 0041-PCT |
ORD | PCT/US13/59257 | WO2014043230 | Published | ||||||||||||||
Patent Cooperation Treaty |
11-Sep-2013 | 20-Mar-2014 | ||||||||||||||||
Title: Formulations Comprising Idebenone, N-Acetyl-S-Farnesyl-L-Cysteine and Ergothioneine and Uses Thereof |
|
Friday, July 29, 2016 | Patent List by Case Number | Page 17 |
Case Number Country |
SubCase | Case Type | Application Filing Date |
Publication Publication Date |
Patent Number Issue Date |
Status Expiration Date |
||||||||||||||||
ARDEN 0041-PRO |
PRO | 61/701,098 | Expired | |||||||||||||||||||
United States of America |
14-Sep-2012 | 14-Sep-2013 | ||||||||||||||||||||
Title: Formulations Comprising Idebenone, N-Acetyl-S-Farnesyl-L-Cysteine and Ergothioneine and Uses Thereof |
| |||||||||||||||||||||
ARDEN 0041-PRO1 |
PRO | 61/815,771 | Expired | |||||||||||||||||||
United States of America |
25-Apr-2013 | 25-Apr-2014 | ||||||||||||||||||||
Title: Formulations Comprising Idebenone, N-Acetyl-S-Farnesyl-L-Cysteine and Ergothioneine and Uses Thereof |
| |||||||||||||||||||||
ARDEN 0041-RU |
PCT | 2015112839 | Pending | |||||||||||||||||||
Russian Federation |
11-Sep-2013 | |||||||||||||||||||||
Title: Formulations Comprising Idebenone, N-Acetyl-S-Farnesyl-L-Cysteine and Ergothioneine and Uses Thereof |
| |||||||||||||||||||||
ARDEN 0041-SG |
PCT | 11201501892S | 11201501892S | Granted | ||||||||||||||||||
Singapore |
11-Sep-2013 | 26-May-2016 | 11-Sep-2033 | |||||||||||||||||||
Title: Formulations Comprising Idebenone, N-Acetyl-S-Farnesyl-L-Cysteine and Ergothioneine and Uses Thereof |
| |||||||||||||||||||||
ARDEN 0041-US |
PCT | 14/426,777 | Pending | |||||||||||||||||||
United States of America |
09-Mar-2015 | |||||||||||||||||||||
Title: Formulations Comprising Idebenone, N-Acetyl-S-Farnesyl-L-Cysteine and Ergothioneine and Uses Thereof |
| |||||||||||||||||||||
ARDEN 0041-ZA |
PCT | 2015/01857 | Pending | |||||||||||||||||||
South Africa |
11-Sep-2013 | |||||||||||||||||||||
Title: Formulations Comprising Idebenone, N-Acetyl-S-Farnesyl-L-Cysteine and Ergothioneine and Uses Thereof |
| |||||||||||||||||||||
ARDEN 0043-US |
DES | 29/393,304 | D683,222 | Granted | ||||||||||||||||||
United States of America |
02-Jun-2011 | 28-May-2013 | 28-May-2028 | |||||||||||||||||||
Title: Perfume Bottle |
||||||||||||||||||||||
ARDEN 0045-US |
TMK | Inactive | ||||||||||||||||||||
United States of America |
||||||||||||||||||||||
Title: ARAZINE |
||||||||||||||||||||||
ARDEN 0046-US |
TMK | 86/137,152 | 4,583,480 | Inactive | ||||||||||||||||||
United States of America |
06-Dec-2013 | 27-May-2014 | 12-Aug-2014 | |||||||||||||||||||
Title: ARAZINE mark |
||||||||||||||||||||||
ARDEN 0050-US |
TMK | 86/234,455 | Inactive | |||||||||||||||||||
United States of America |
27-Mar-2014 | |||||||||||||||||||||
Title: SKIN OPTIMIZING PLATFORM |
||||||||||||||||||||||
ARDEN 0060-US |
TMK | 86/311,640 | Inactive | |||||||||||||||||||
United States of America |
17-Jun-2014 | 31-Mar-2015 | ||||||||||||||||||||
Title: ADVANCED MIx CONCENTRATE mark |
|
Friday, July 29, 2016 | Patent List by Case Number | Page 18 |
Case Number Country |
SubCase | Case Type | Application Filing Date |
Publication Publication Date |
Patent Number Issue Date |
Status Expiration Date |
||||||||||||||
ARDEN 0062-CA |
ORD | 2238790 | 2238790 | 2238790 | Granted | |||||||||||||||
Canada |
27-May-1998 | 04-Dec-1998 | 16-Aug-2005 | 27-May-2018 | ||||||||||||||||
Title: Stabilized Cleansing Composition with Opacifier |
||||||||||||||||||||
ARDEN 0062-DE |
EPC | 98303604.7 | 0887071 | 69831369.0 | Granted | |||||||||||||||
Germany |
08-May-1998 | 30-Dec-1998 | 31-Aug-2005 | 08-May-2018 | ||||||||||||||||
Title: Stabilized Cleansing Composition with Opacifier |
||||||||||||||||||||
ARDEN 0062-EP |
ORD | 98303604.7 | 0887071 | 0887071 | Granted | |||||||||||||||
European Patent Convention |
08-May-1998 | 30-Dec-1998 | 31-Aug-2005 | 08-May-2018 | ||||||||||||||||
Title: Stabilized Cleansing Composition with Opacifier |
||||||||||||||||||||
ARDEN 0062-ES |
EPC | 98303604.7 | 0887071 | 0887071 | Granted | |||||||||||||||
Spain |
08-May-1998 | 30-Dec-1998 | 31-Aug-2005 | 08-May-2018 | ||||||||||||||||
Title: Stabilized Cleansing Composition with Opacifier |
||||||||||||||||||||
ARDEN 0062-FR |
EPC | 98303604.7 | 0887071 | 0887071 | Granted | |||||||||||||||
France |
08-May-1998 | 30-Dec-1998 | 31-Aug-2005 | 08-May-2018 | ||||||||||||||||
Title: Stabilized Cleansing Composition with Opacifier |
||||||||||||||||||||
ARDEN 0062-GB |
EPC | 98303604.7 | 0887071 | 0887071 | Granted | |||||||||||||||
United Kingdom |
08-May-1998 | 30-Dec-1998 | 31-Aug-2005 | 08-May-2018 | ||||||||||||||||
Title: Stabilized Cleansing Composition with Opacifier |
||||||||||||||||||||
ARDEN 0062-US |
PRI | 08/869,128 | 5,851,541 | Granted | ||||||||||||||||
United States of America |
04-Jun-1997 | 22-Dec-1998 | 04-Jun-2017 | |||||||||||||||||
Title: Stabilized Cleansing Composition with Opacifier |
||||||||||||||||||||
ARDEN 0063-PRO |
PRO | 60/142,600 | Expired | |||||||||||||||||
United States of America |
07-Jul-1999 | 07-Jul-2000 | ||||||||||||||||||
Title: System for Assisting Customers in Selecting an Optimum Color Cosmetic Product |
|
|||||||||||||||||||
ARDEN 0063-US |
ORD | 09/543,711 | 6,437,866 | Granted | ||||||||||||||||
United States of America |
05-Apr-2000 | 20-Aug-2002 | 05-Apr-2020 | |||||||||||||||||
Title: System for Assisting Customers in Selecting an Optimum Color Cosmetic Product |
|
|||||||||||||||||||
ARDEN 0069-PRO |
PRO | 62/250,114 | Pending | |||||||||||||||||
United States of America |
03-Nov-2015 | 03-Nov-2016 | ||||||||||||||||||
Title: Formulations for Protection of Skin Against Environmental Stressors |
|
|||||||||||||||||||
ARDEN 0081-DE |
DES | 40203108.3 | 40203108.3 | Granted | ||||||||||||||||
Germany |
04-Apr-2002 | 23-Sep-2002 | 04-Apr-2027 | |||||||||||||||||
Title: Giorgio So You |
|
Friday, July 29, 2016 | Patent List by Case Number | Page 19 |
Case Number Country |
SubCase | Case Type | Application Filing Date |
Publication Publication Date |
Patent Number Issue Date |
Status Expiration Date |
||||||||||||
ARDEN 0081-ES |
DES | 156118 | 156118 | Granted | ||||||||||||||
Spain |
31-Jan-2003 | 02-Sep-2003 | 02-Sep-2023 | |||||||||||||||
Title: Giorgio So You |
||||||||||||||||||
ARDEN 0081-ES1 |
DES | 156121 | 156121 | Granted | ||||||||||||||
Spain |
31-Jan-2003 | 02-Sep-2003 | 02-Sep-2023 | |||||||||||||||
Title: Giorgio So You |
||||||||||||||||||
ARDEN 0081-FR |
DES | 02/2208 | 22208 | Granted | ||||||||||||||
France |
04-Apr-2002 | 05-Jul-2002 | 04-Apr-2027 | |||||||||||||||
Title: Giorgio So You |
||||||||||||||||||
ARDEN 0081-GB |
DES | 2105449 | 2105449 | Granted | ||||||||||||||
United Kingdom |
09-Oct-2001 | 18-Jun-2002 | 09-Oct-2026 | |||||||||||||||
Title: Giorgio So You |
||||||||||||||||||
ARDEN 0081-US |
DES | 29/158670 | D470751 | Granted | ||||||||||||||
United States of America |
08-Apr-2002 | 25-Feb-2003 | 25-Feb-2017 | |||||||||||||||
Title: Giorgio So You |
DF ENTERPRISES, INC.
CountryName | TrademarkName | TrademarkStatus | Class | FilDate | AppNumber | RegNumber | RegDate | |||||||||||||
Aruba |
BLACK PEARLS | Registered | 3 | 28-Feb-1995 | 95,022,812 | 17274 | 28-Feb-1995 | |||||||||||||
Bahamas |
BLACK PEARLS | Registered | 48 | 07-Mar-1995 | 17183 | 07-Mar-1995 | ||||||||||||||
Benelux |
BLACK PEARLS | Registered | 3 | 28-Aug-1996 | 877565 | 595205 | 28-Aug-1996 | |||||||||||||
Bermuda |
BLACK PEARLS | Registered | 3 | 26750 | 11-Mar-1995 | |||||||||||||||
Brazil |
BLACK PEARLS | Registered | 3 | 02-Mar-1995 | 818264586 | 818264586 | 11-Jun-2002 | |||||||||||||
Chile |
BLACK PEARLS | Registered | 3 | 20-Jul-2005 | 300329 | 734856 | 30-Sep-2005 | |||||||||||||
Colombia |
BLACK PEARLS | Registered | 3 | 95/007838 | 209526 | 29-May-1996 | ||||||||||||||
Costa Rica |
BLACK PEARLS | Registered | 3 | 97183 | 10-Sep-1996 | |||||||||||||||
Curacao |
BLACK PEARLS | Registered | 03 | 21-Feb-2005 | D-8312 | 07432 | 28-Feb-2005 | |||||||||||||
Ecuador |
BLACK PEARLS | Registered | 3 | 24-Feb-1995 | 54615 | 6338 | 25-Oct-1996 | |||||||||||||
El Salvador |
BLACK PEARLS | Registered | 3 | 1304/95 | 129/97 | 30-Sep-1999 | ||||||||||||||
Guatemala |
BLACK PEARLS | Registered | 3 | 1741-95 | 79722 | 28-May-1996 | ||||||||||||||
Honduras |
BLACK PEARLS | Registered | 3 | 2581/95 | 63512 | 07-Nov-1995 | ||||||||||||||
Panama |
BLACK PEARLS | Registered | 3 | 06-Nov-1996 | 83803 | 83803 | 06-Nov-1996 | |||||||||||||
Paraguay |
BLACK PEARLS | Registered | 3 | 06-Mar-1995 | 4,163 | 273484 | 17-Nov-2004 | |||||||||||||
Peru |
BLACK PEARLS | Registered | 3 | 263,210 | 16642 | 21-Jun-1995 | ||||||||||||||
Saudi Arabia |
BLACK PEARLS | Registered | 3 | 29-Sep-1996 | 35786 | 499/96 | 14-Oct-1999 | |||||||||||||
St. Maarten |
BLACK PEARLS | Pending | 21-Feb-2005 | D-8312 | 06209 | |||||||||||||||
Trinidad and Tobago |
BLACK PEARLS | Registered | 3 | 01-Mar-1995 | 23,613 | 23,613 | 05-Sep-1996 | |||||||||||||
United Kingdom |
BODY RADIANCE | Registered | 3 | 23-Nov-1991 | 1,483,327 | 23-Nov-1991 |
DF ENTERPRISES, INC.
CountryName | TrademarkName | TrademarkStatus | Class | FilDate | AppNumber | RegNumber | RegDate | |||||||||||||
United States of America |
BRILLIANT WHITE DIAMONDS | Registered | 3 | 16-May-2000 | 76/049809 | 2636441 | 15-Oct-2002 | |||||||||||||
Benelux |
DIAMONDS AND EMERALDS | Registered | 3 | 19-Feb-1993 | 793479 | 526378 | 19-Feb-1993 | |||||||||||||
Brazil |
DIAMONDS AND EMERALDS | Registered | 3 | 817361200 | 01-Jul-1997 | |||||||||||||||
Chile |
DIAMONDS AND EMERALDS | Registered | 3 | 24-Jun-1993 | 244362 | 1140163 | 27-Oct-1994 | |||||||||||||
Colombia |
DIAMONDS AND EMERALDS | Registered | 3 | 395,316 | 157661 | 28-Mar-1994 | ||||||||||||||
Germany |
DIAMONDS AND EMERALDS | Registered | 3 | 09-Jul-1993 | U 9000/3WZ | 2071569 | 15-Jul-1994 | |||||||||||||
Indonesia |
DIAMONDS AND EMERALDS | Registered | 3 | 08-Sep-1993 | IDM000009353 | 16-Dec-1994 | ||||||||||||||
Italy |
DIAMONDS AND EMERALDS | Registered | 3 | 30-Jun-1993 | MI2013C001600 | 0001533738 | 30-Jun-1993 | |||||||||||||
Korea, Republic of |
DIAMONDS AND EMERALDS | Registered | 12 | 93-22219 | 40295869 | 12-Aug-1994 | ||||||||||||||
Korea, Republic of |
DIAMONDS AND EMERALDS | Registered | 13 | 93-22218 | 297814 | 07-Sep-1994 | ||||||||||||||
Mexico |
DIAMONDS AND EMERALDS | Registered | 3 | 26-Jan-2004 | 639021 | 844336 | 26-Jul-2004 | |||||||||||||
Peru |
DIAMONDS AND EMERALDS | Registered | 3 | 256,497 | 15519 | 11-May-1995 | ||||||||||||||
Saudi Arabia |
DIAMONDS AND EMERALDS | Registered | 3 | 07-Jul-1993 | 21,575 | 308/64 | 01-Jun-1994 | |||||||||||||
Singapore |
DIAMONDS AND EMERALDS | Registered | 3 | 25-Jun-1993 | T9304777E | 25-Jun-1993 | ||||||||||||||
South Africa |
DIAMONDS AND EMERALDS | Registered | 3 | 23-Jun-1993 | 93/5255 | 23-Jun-1993 | ||||||||||||||
Taiwan |
DIAMONDS AND EMERALDS | Registered | 5 | 82032487 | 631768 | 16-Feb-1994 | ||||||||||||||
Taiwan |
DIAMONDS AND EMERALDS | Registered | 6 | 82,032,488 | 627428 | 16-Jan-1994 | ||||||||||||||
Taiwan |
DIAMONDS AND EMERALDS | Registered | 7 | 82,032,476 | 631938 | 16-Feb-1994 | ||||||||||||||
Thailand |
DIAMONDS AND EMERALDS | Registered | 3 | 05-Jul-1993 | 247,614 | KOR18576 | 05-Jul-1993 | |||||||||||||
United States of America |
DIAMONDS AND EMERALDS | Registered | 3 | 02-Feb-1993 | 74/355298 | 1842243 | 28-Jun-1994 |
DF ENTERPRISES, INC.
CountryName | TrademarkName | TrademarkStatus | Class | FilDate | AppNumber | RegNumber | RegDate | |||||||||||||
United States of America |
DIAMONDS AND EMERALDS | Registered | 03 | 05-Aug-1994 | 74/560,194 | 1914449 | 29-Aug-1995 | |||||||||||||
Benelux |
DIAMONDS AND RUBIES | Registered | 3 | 04-May-1993 | 797077 | 530528 | 04-May-1993 | |||||||||||||
Brazil |
DIAMONDS AND RUBIES | Registered | 3 | 817361219 | 01-Jul-1997 | |||||||||||||||
Chile |
DIAMONDS AND RUBIES | Registered | 3 | 24-Jun-1993 | 244363 | 1140161 | 27-Oct-1994 | |||||||||||||
Colombia |
DIAMONDS AND RUBIES | Registered | 3 | 395,317 | 157660 | 28-Mar-1994 | ||||||||||||||
Germany |
DIAMONDS AND RUBIES | Registered | 3 | 09-Jul-1993 | U 9001/3WZ | 2068337 | 17-Jun-1994 | |||||||||||||
Indonesia |
DIAMONDS AND RUBIES | Registered | 3 | 08-Sep-1993 | IDM000009352 | 12-Dec-1994 | ||||||||||||||
Italy |
DIAMONDS AND RUBIES | Registered | 3 | 30-Jun-1993 | MI2013C001603 | 0001533740 | 30-Jun-1993 | |||||||||||||
Korea, Republic of |
DIAMONDS AND RUBIES | Registered | 12 | 93-22217 | 40295870 | 12-Aug-1994 | ||||||||||||||
Korea, Republic of |
DIAMONDS AND RUBIES | Registered | 13 | 93-22221 | 40297813 | 07-Sep-1994 | ||||||||||||||
Mexico |
DIAMONDS AND RUBIES | Registered | 3 | 26-Jan-2004 | 639020 | 844335 | 26-Jul-2004 | |||||||||||||
Peru |
DIAMONDS AND RUBIES | Registered | 3 | 260,434 | 16202 | 14-Jun-1995 | ||||||||||||||
Saudi Arabia |
DIAMONDS AND RUBIES | Registered | 3 | 07-Jul-1993 | 21,576 | 308/65 | 31-May-1994 | |||||||||||||
Singapore |
DIAMONDS AND RUBIES | Registered | 3 | 25-Jun-1993 | T9304778C | 25-Jun-1993 | ||||||||||||||
South Africa |
DIAMONDS AND RUBIES | Registered | 3 | 23-Jun-1993 | 93/5256 | 23-Jun-1993 | ||||||||||||||
Taiwan |
DIAMONDS AND RUBIES | Registered | 5 | 82032480 | 631767 | 16-Feb-1994 | ||||||||||||||
Taiwan |
DIAMONDS AND RUBIES | Registered | 6 | 82,032,481 | 627427 | 16-Jan-1994 | ||||||||||||||
Taiwan |
DIAMONDS AND RUBIES | Registered | 7 | 82,032,482 | 631939 | 16-Feb-1994 | ||||||||||||||
Thailand |
DIAMONDS AND RUBIES | Registered | 3 | 05-Jul-1993 | 247,616 | KOR18014 | 05-Jul-1993 | |||||||||||||
United States of America |
DIAMONDS AND RUBIES | Registered | 3 | 25-May-1993 | 74/394,846 | 1,931,953 | 31-Oct-1995 |
DF ENTERPRISES, INC.
CountryName | TrademarkName | TrademarkStatus | Class | FilDate | AppNumber | RegNumber | RegDate | |||||||||||||
Benelux |
DIAMONDS AND SAPPHIRES | Registered | 3 | 04-May-1993 | 797078 | 530724 | 04-May-1993 | |||||||||||||
Brazil |
DIAMONDS AND SAPPHIRES | Registered | 3.20 | 818928808 | 26-Jan-1999 | |||||||||||||||
Chile |
DIAMONDS AND SAPPHIRES | Registered | 3 | 244364 | 1140159 | 27-Oct-1994 | ||||||||||||||
China (Peoples Republic) |
DIAMONDS AND SAPPHIRES | Registered | 3 | 94,084,367 | 880335 | 14-Oct-1996 | ||||||||||||||
Colombia |
DIAMONDS AND SAPPHIRES | Registered | 3 | 395,315 | 157659 | 28-Mar-1994 | ||||||||||||||
Germany |
DIAMONDS AND SAPPHIRES | Registered | 3 | 09-Jul-1993 | U 9002/3WZ | 2071570 | 15-Jul-1994 | |||||||||||||
Indonesia |
DIAMONDS AND SAPPHIRES | Registered | 3 | 08-Sep-1993 | D93 9065 | IDM000009354 | 15-Dec-1994 | |||||||||||||
Italy |
DIAMONDS AND SAPPHIRES | Registered | 30-Jun-1993 | MI93C/04811 | 00670550 | 30-Jun-1993 | ||||||||||||||
Korea, Republic of |
DIAMONDS AND SAPPHIRES | Registered | 12 | 93-22220 | 40295871 | 12-Aug-1994 | ||||||||||||||
Korea, Republic of |
DIAMONDS AND SAPPHIRES | Registered | 13 | 93-22222 | 40297812 | 07-Sep-1994 | ||||||||||||||
Mexico |
DIAMONDS AND SAPPHIRES | Registered | 26-Jan-2004 | 639019 | 844334 | 26-Jul-2004 | ||||||||||||||
Peru |
DIAMONDS AND SAPPHIRES | Registered | 3 | 260,435 | 15818 | 05-Jun-1995 | ||||||||||||||
Saudi Arabia |
DIAMONDS AND SAPPHIRES | Registered | 3 | 07-Jul-1993 | 21,577 | 308/66 | 31-May-1994 | |||||||||||||
Singapore |
DIAMONDS AND SAPPHIRES | Registered | 3 | 25-Jun-1993 | T9304776G | 25-Jun-1993 | ||||||||||||||
South Africa |
DIAMONDS AND SAPPHIRES | Registered | 3 | 23-Jun-1993 | 93/5257 | 23-Jun-1993 | ||||||||||||||
Taiwan |
DIAMONDS AND SAPPHIRES | Registered | 5 | 631747 | 16-Feb-1994 | |||||||||||||||
Taiwan |
DIAMONDS AND SAPPHIRES | Registered | 6 | 82,031,098 | 625808 | 01-Jan-1994 | ||||||||||||||
Taiwan |
DIAMONDS AND SAPPHIRES | Registered | 7 | 82,031,099 | 622270 | 01-Dec-1993 | ||||||||||||||
Thailand |
DIAMONDS AND SAPPHIRES | Registered | 3 | 05-Jul-1993 | 247,617 | KOR17523 | 05-Jul-1993 | |||||||||||||
United States of America |
DIAMONDS AND SAPPHIRES | Registered | 3 | 25-May-1993 | 74/394,824 | 1873077 | 10-Jan-1995 |
DF ENTERPRISES, INC.
CountryName | TrademarkName | TrademarkStatus | Class | FilDate | AppNumber | RegNumber | RegDate | |||||||||||||
Australia |
FOREVER ELIZABETH | Registered | 3 | 07-May-2002 | 911907 | 911907 | 07-May-2002 | |||||||||||||
Brazil |
FOREVER ELIZABETH | Published | 3 | 13-Jun-2002 | 824578066 | |||||||||||||||
Canada |
FOREVER ELIZABETH | Registered | 3 | 06-May-2002 | 1,139,896 | 599104 | 12-Jan-2004 | |||||||||||||
Chile |
FOREVER ELIZABETH | Registered | 3 | 26-Jun-2002 | 571977 | 996946 | 30-Dec-2002 | |||||||||||||
Colombia |
FOREVER ELIZABETH | Published | 3 | 07-May-2002 | 02/039,065 | |||||||||||||||
European Community |
FOREVER ELIZABETH | Registered | 3 | 07-May-2002 | 2686517 | 2686517 | 04-Jul-2003 | |||||||||||||
Hong Kong |
FOREVER ELIZABETH | Registered | 3 | 23-Aug-2002 | 2002/13169 | 200304078 | 23-Aug-2002 | |||||||||||||
India |
FOREVER ELIZABETH | Registered | 3 | 01-Nov-2002 | 1150627 | 1150627 | 01-Nov-2002 | |||||||||||||
Mexico |
FOREVER ELIZABETH | Registered | 3 | 07-May-2002 | 545,974 | 754890 | 07-May-2002 | |||||||||||||
New Zealand |
FOREVER ELIZABETH | Registered | 3 | 07-May-2002 | 656753 | 656753 | 07-May-2002 | |||||||||||||
Philippines |
FOREVER ELIZABETH | Registered | 3 | 25-Oct-2002 | 4-2002-009337 | 4-2002-009337 | 02-Apr-2007 | |||||||||||||
Singapore |
FOREVER ELIZABETH | Registered | 3 | 22-Aug-2002 | T02/12698G | T02/12698G | 02-May-2002 | |||||||||||||
South Africa |
FOREVER ELIZABETH | Registered | 3 | 07-May-2002 | 2002/06276 | 2002/06276 | 07-Nov-2006 | |||||||||||||
Taiwan |
FOREVER ELIZABETH | Registered | 3 | 01-Nov-2002 | 91,046,059 | 01060249 | 16-Oct-2003 | |||||||||||||
United States of America |
FOREVER ELIZABETH | Registered | 3 | 02-May-2002 | 76/402,949 | 2795771 | 16-Dec-2003 | |||||||||||||
Germany |
PASSION | Registered | 3 | 26-Jun-1925 | E 1793 W37/Z | 347382 | 02-Feb-1926 | |||||||||||||
China (Peoples Republic) |
REALIZE | Registered | 3 | 18-Dec-2001 | 3,043,545 | 3043545 | 21-Mar-2004 | |||||||||||||
Canada |
SPARKLING WHITE DIAMONDS | Registered | 3 | 05-Aug-1999 | 1,024,773 | 585494 | 17-Jul-2003 | |||||||||||||
South Africa |
WHITE DIAMOND | Registered | 3 | 18-Aug-1988 | 88/7175 | 18-Aug-1988 | ||||||||||||||
United Kingdom |
WHITE DIAMOND | Registered | 3 | 16-Apr-1987 | 1,307,511 | 16-Apr-1987 |
DF ENTERPRISES, INC.
CountryName | TrademarkName | TrademarkStatus | Class | FilDate | AppNumber | RegNumber | RegDate | |||||||||||||
Algeria |
WHITE DIAMONDS | Registered | 3 | 11-Mar-1992 | 262 | 88340 | 11-Mar-1992 | |||||||||||||
Australia |
WHITE DIAMONDS | Registered | 3 | 25-Jun-1991 | 558359 | 25-Jun-1991 | ||||||||||||||
Bahamas |
WHITE DIAMONDS | Registered | 48 | 23-Mar-1992 | 15189 | 23-Mar-1992 | ||||||||||||||
Benelux |
WHITE DIAMONDS | Registered | 3 | 11-Sep-1991 | 769002 | 0499935 | 11-Sep-1991 | |||||||||||||
Bermuda |
WHITE DIAMONDS | Registered | 3 | 05-May-1992 | 21728 | 21728 | 12-May-1993 | |||||||||||||
Bolivia |
WHITE DIAMONDS | Registered | 3 | 55771 | 10-Feb-1994 | |||||||||||||||
Brazil |
WHITE DIAMONDS | Registered | 3 | 04-Nov-1997 | 820331465 | 820331465 | 18-Mar-2008 | |||||||||||||
Canada |
WHITE DIAMONDS | Registered | 3 | 20-Dec-1990 | 673,569 | 398764 | 29-May-1992 | |||||||||||||
China (Peoples Republic) |
WHITE DIAMONDS | Registered | 3 | 9,700,125,055 | 1250149 | 28-Feb-1999 | ||||||||||||||
Colombia |
WHITE DIAMONDS | Registered | 3 | 356,673 | 184108 | 28-Sep-1995 | ||||||||||||||
Costa Rica |
WHITE DIAMONDS | Registered | 3 | 78,404 | 36,180 | 09-Sep-1992 | ||||||||||||||
Dominican Republic |
WHITE DIAMONDS | Registered | 50 | 58863 | 15-Sep-1993 | |||||||||||||||
Ecuador |
WHITE DIAMONDS | Registered | 3 | 27-Mar-1992 | 31056 | 3059 | 16-Mar-1993 | |||||||||||||
Egypt |
WHITE DIAMONDS | Registered | 3 | 07-Mar-1992 | 82559 | 07-Apr-1994 | ||||||||||||||
El Salvador |
WHITE DIAMONDS | Registered | 3 | 180 BOOK 18 FOL 361 | 28-Jul-2003 | |||||||||||||||
Georgia |
WHITE DIAMONDS | Registered | 3 | 3372/03-93 | 2283 | 10-Jun-1996 | ||||||||||||||
Greece |
WHITE DIAMONDS | Registered | 3 | 16-Jan-2007 | 152163 | 152163 | 18-Jun-2008 | |||||||||||||
Guatemala |
WHITE DIAMONDS | Registered | 3 | 27-Mar-1992 | 02060-92 | 108647 | 30-Jan-2001 | |||||||||||||
Honduras |
WHITE DIAMONDS | Registered | 3 | 23-Dec-2003 | 32930/2003 | 94834 | 23-Aug-2005 | |||||||||||||
Hong Kong |
WHITE DIAMONDS | Registered | 3 | 03-Mar-1992 | 8514/92 | 199811481 | 03-Mar-1992 |
DF ENTERPRISES, INC.
CountryName | TrademarkName | TrademarkStatus | Class | FilDate | AppNumber | RegNumber | RegDate | |||||||||||||
Indonesia |
WHITE DIAMONDS | Registered | 3 | 459433 | 11-Oct-2001 | |||||||||||||||
Iran (Islamic Republic of) |
WHITE DIAMONDS | Registered | 3 | 31-Mar-1992 | 103366 | 68975 | 08-Sep-1992 | |||||||||||||
Ireland |
WHITE DIAMONDS | Registered | 3 | 20-Oct-2008 | 2008/02199 | 240483 | 20-Oct-2008 | |||||||||||||
Jamaica |
WHITE DIAMONDS | Registered | 3 | 20-Mar-1992 | B 3/2839 | 25819 | 20-Mar-1992 | |||||||||||||
Japan |
WHITE DIAMONDS | Registered | 3 | 23-Apr-1992 | 107028/92 | 4194009 | 02-Oct-1998 | |||||||||||||
Latvia |
WHITE DIAMONDS | Registered | 3 | 11-Jun-1993 | M-93-5483 | M18949 | 11-Jun-1993 | |||||||||||||
Morocco |
WHITE DIAMONDS | Registered | 3 | 443 | 48709 | 04-May-1992 | ||||||||||||||
Namibia |
WHITE DIAMONDS | Registered | 3 | 11-Jan-1996 | 96/0046 | 96/0046 | 11-Jan-1996 | |||||||||||||
New Zealand |
WHITE DIAMONDS | Registered | 3 | 04-Mar-1992 | 216680 | 216680 | 24-Jan-1997 | |||||||||||||
Nicaragua |
WHITE DIAMONDS | Registered | 3 | 22030 | 09-Sep-1992 | |||||||||||||||
Oman |
WHITE DIAMONDS | Registered | 3 | 04-May-1992 | 6896 | 6896 | 04-May-1992 | |||||||||||||
Panama |
WHITE DIAMONDS | Registered | 3 | 68194 | 05-Apr-1995 | |||||||||||||||
Paraguay |
WHITE DIAMONDS | Registered | 3 | 28849 | 376988 | 13-Dec-2002 | ||||||||||||||
Puerto Rico |
WHITE DIAMONDS | Registered | 3 | 19-Feb-2008 | 75509 | 19-Feb-2008 | ||||||||||||||
Saudi Arabia |
WHITE DIAMONDS | Registered | 3 | 05-Apr-1994 | 16742 | 303/67 | 05-Apr-1994 | |||||||||||||
Singapore |
WHITE DIAMONDS | Registered | 3 | 12-Nov-1991 | 10119/91 | 11-Dec-2001 | ||||||||||||||
South Africa |
WHITE DIAMONDS | Registered | 3 | 22-Aug-1991 | 91/6952 | 22-Aug-1991 | ||||||||||||||
Taiwan |
WHITE DIAMONDS | Registered | 5 | 81-22450 | 589905 | 16-Mar-1993 | ||||||||||||||
Taiwan |
WHITE DIAMONDS | Registered | 6 | 81-22451 | 585882 | 16-Feb-1993 | ||||||||||||||
Taiwan |
WHITE DIAMONDS | Registered | 7 | 81-22452 | 597722 | 16-May-1993 |
DF ENTERPRISES, INC.
CountryName | TrademarkName | TrademarkStatus | Class | FilDate | AppNumber | RegNumber | RegDate | |||||||||||||
Thailand |
WHITE DIAMONDS | Registered | 3 | 20-Oct-1992 | 235771 | KOR61691 | 20-Oct-1992 | |||||||||||||
Trinidad and Tobago |
WHITE DIAMONDS | Registered | 48 | 14-May-1992 | 20,711 | 14-May-1992 | ||||||||||||||
Tunisia |
WHITE DIAMONDS | Registered | 3 | EE92/0203 | 10-Mar-1992 | |||||||||||||||
Turkey |
WHITE DIAMONDS | Registered | 3, 5 | 136832 | 04-May-1992 | |||||||||||||||
United Kingdom |
WHITE DIAMONDS | Registered | 3 | 15-Jun-1991 | 1,467,569 | 15-Jun-1991 | ||||||||||||||
United States of America |
WHITE DIAMONDS | Registered | 3 | 21-Dec-1990 | 74/125,475 | 1853981 | 13-Sep-1994 | |||||||||||||
Uruguay |
WHITE DIAMONDS | Registered | 3 | 252955 | 19-Mar-1997 | |||||||||||||||
Venezuela |
WHITE DIAMONDS | Registered | 6 | 23-Mar-1992 | 5470/92 | F173480 | 07-Oct-1994 | |||||||||||||
Canada |
WHITE DIAMONDS (STYLIZED) | Registered | 3 | 20-Aug-1991 | 688,051 | 404109 | 23-Oct-1992 | |||||||||||||
United States of America |
WHITE DIAMONDS (STYLIZED) | Registered | 3 | 08-Mar-1991 | 74/148,825 | 1817316 | 18-Jan-1994 | |||||||||||||
Korea, Republic of |
WHITE DIAMONDS (WORDS IN PARTICULAR STYLE) | Registered | 12 | 95-23540 | 346329 | 03-Sep-1996 | ||||||||||||||
Korea, Republic of |
WHITE DIAMONDS (WORDS IN PARTICULAR STYLE) | Registered | 13 | 95-23541 | 346489 | 06-Sep-1996 | ||||||||||||||
Peru |
WHITE DIAMONDS (WORDS IN PARTICULAR STYLE) | Registered | 3 | 263,537 | 16650 | 26-Jun-1995 | ||||||||||||||
Qatar |
WHITE DIAMONDS (WORDS(LATIN/LOCAL SCRIPT)) | Registered | 3 | 06-May-1992 | 9672 | 9672 | 09-Oct-2000 | |||||||||||||
United States of America |
WHITE DIAMONDS BOTTLE DESIGN | Registered | 3 | 27-Mar-1991 | 74/151897 | 1823953 | 22-Feb-1994 | |||||||||||||
United States of America |
WHITE DIAMONDS BOTTLE DESIGN PERFUME (MISC DESIGN) | Registered | 3 | 27-Mar-1991 | 74/151,720 | 1814316 | 28-Dec-1993 |
ELIZABETH ARDEN INTERNATIONAL, SARL
CountryName | TrademarkName | TrademarkStatus | Class | FilDate | AppNumber | RegNumber | RegDate | |||||||||||||
WIPO |
ARDEN FOR MEN (STYLIZED) I | Registered | 3, 5 | 200601 | 18-May-1997 | |||||||||||||||
WIPO |
BLACK PEARLS | Registered | 3 | 670999 | 05-Mar-1997 | |||||||||||||||
WIPO |
BLUE GRASS PERFUME MIST | Registered | 3 | 186966 | 16-Aug-1995 | |||||||||||||||
WIPO |
CLEAR THE WAY | Registered | 3 | 730853 | 23-Feb-2000 | |||||||||||||||
France |
DIAMONDS AND EMERALDS | Registered | 3 | 608613 | 15-Sep-1993 | |||||||||||||||
Germany |
DIAMONDS AND EMERALDS | Registered | 3 | 608613 | 15-Sep-1993 | |||||||||||||||
WIPO |
DIAMONDS AND EMERALDS | Registered | 3 | 608613 | 15-Sep-1993 | |||||||||||||||
Italy |
DIAMONDS AND EMERALDS | Registered | 3 | 608613 | 15-Sep-1993 | |||||||||||||||
Monaco |
DIAMONDS AND EMERALDS | Registered | 3 | 608613 | 15-Sep-1993 | |||||||||||||||
WIPO |
DIAMONDS AND RUBIES | Registered | 3 | 607430 | 25-Aug-1993 | |||||||||||||||
WIPO |
DIAMONDS AND SAPPHIRES | Registered | 3 | 607431 | 25-Aug-1993 | |||||||||||||||
WIPO |
EA (STYLIZED) I | Registered | 3 | 638937 | 08-Jun-1995 | |||||||||||||||
WIPO |
ELIZABETH ARDEN | Registered | 9 | 699031 | 07-Aug-1998 | |||||||||||||||
WIPO |
ELIZABETH ARDEN | Registered | 3, 21 | 189944 | 12-Jan-1956 | |||||||||||||||
WIPO |
ELIZABETH ARDEN (STYLIZED) II | Registered | 3 | 02-Feb-1953 | 166823 | 02-Feb-1953 | ||||||||||||||
WIPO |
ELIZABETH ARDEN (STYLIZED) IV | Registered | 3 | 593876 | 29-Oct-1992 | |||||||||||||||
WIPO |
ELIZABETH ARDEN 5TH AVENUE | Registered | 3 | 658032 | 27-Jun-1996 | |||||||||||||||
Armenia |
ELIZABETH ARDEN CERAMIDE TIME COMPLEX | Registered | 3 | 574804 | 08-Aug-1991 | |||||||||||||||
WIPO |
ELIZABETH ARDEN CERAMIDE TIME COMPLEX | Registered | 3 | 574804 | 08-Aug-1991 |
ELIZABETH ARDEN INTERNATIONAL, SARL
CountryName | TrademarkName | TrademarkStatus | Class | FilDate | AppNumber | RegNumber | RegDate | |||||||||||||
WIPO |
ELIZABETH ARDEN SPLENDOR | Registered | 3 | 691687 | 02-Apr-1998 | |||||||||||||||
WIPO |
FLAWLESS FINISH | Registered | 3 | 632491 | 10-Feb-1995 | |||||||||||||||
WIPO |
GOOD NIGHTS SLEEP | Registered | 3 | 635676 | 13-Apr-1995 | |||||||||||||||
WIPO |
MILLENIUM ENERGIST | Registered | 3 | 735754 | 735754 | 03-May-2000 | ||||||||||||||
Aruba |
PREVAGE | Registered | 22-Nov-2013 | 31624 | 31624 | 07-Jan-2014 | ||||||||||||||
Aruba |
PREVAGE | Pending | 22-Nov-2013 | IM13112223 | ||||||||||||||||
Bahrain |
PREVAGE | Pending | 13-Apr-2014 | 103055 | ||||||||||||||||
Bangladesh |
PREVAGE | Registered | 5 | 72877 | 25-Oct-2001 | |||||||||||||||
Belarus |
PREVAGE | Registered | 5 | 18480 | 15-Jan-2004 | |||||||||||||||
Brazil |
PREVAGE | Registered | 5 | 17-Oct-2001 | 824110005 | 824110005 | 17-Apr-2007 | |||||||||||||
Brazil |
PREVAGE | Registered | 3 | 21-Jan-2003 | 825251311 | 825251311 | 02-May-2007 | |||||||||||||
Brazil |
PREVAGE | Registered | 5 | 21-Jan-2003 | 825251320 | 825251320 | 29-Jun-2010 | |||||||||||||
Colombia |
PREVAGE | Registered | 5 | 30-Oct-2001 | 1093207 | 249551 | 10-May-2002 | |||||||||||||
Ecuador |
PREVAGE | Registered | 03 Int. | 18-Apr-2013 | IEPIUIOPISD201338737 | 36714 | 16-Dec-2013 | |||||||||||||
Ecuador |
PREVAGE | Registered | 05 Int. | 18-Apr-2013 | IEPIUIOPISD201338739 | 36814 | 16-Dec-2013 | |||||||||||||
Egypt |
PREVAGE | Registered | 146386 | 09-Nov-2009 | ||||||||||||||||
Egypt |
PREVAGE | Pending | 14-Nov-2013 | 294972 | ||||||||||||||||
European Community |
PREVAGE | Registered | 3 | 21-Jan-2003 | 3016672 | 3016672 | 20-Dec-2004 | |||||||||||||
Gaza District |
PREVAGE | Registered | 08-Sep-2013 | 17958 | 17958 | 18-Mar-2015 | ||||||||||||||
Iraq |
PREVAGE | Registered | 5 | 05-Jun-2003 | 44025 | 44025 | 25-Jun-2008 |
ELIZABETH ARDEN INTERNATIONAL, SARL
CountryName | TrademarkName | TrademarkStatus | Class | FilDate | AppNumber | RegNumber | RegDate | |||||||||||||
Italy |
PREVAGE | Registered | 5 | 17-Jun-2011 | MI2011C006547 | 1460505 | 22-Sep-2011 | |||||||||||||
Italy |
PREVAGE | Pending | 5 | 06-Nov-2001 | FI2001C001147 | 0000950411 | ||||||||||||||
Jordan |
PREVAGE | Published | 03 Int. | 09-Jul-2013 | 132232 | |||||||||||||||
Lebanon |
PREVAGE | Registered | 153125 | 09-Sep-2013 | ||||||||||||||||
Monaco |
PREVAGE | Registered | 3 | 12-May-2013 | 32001 | 14.30244 | 01-Sep-2014 | |||||||||||||
Morocco |
PREVAGE | Registered | 5 | 79109 | 22-Oct-2001 | |||||||||||||||
Pakistan |
PREVAGE | Pending | 03 | 12-Mar-2015 | 174662 | |||||||||||||||
Peru |
PREVAGE | Registered | 5 | 19-Oct-2001 | 2001136715 | 77598 | 14-Jan-2002 | |||||||||||||
Saudi Arabia |
PREVAGE | Registered | 3 | 03-Nov-2012 | 187662 | 143313182 | 03-Jun-2014 | |||||||||||||
Saudi Arabia |
PREVAGE | Pending | 03 Int. | 17-Nov-2013 | 1435000695 | |||||||||||||||
South Africa |
PREVAGE | Registered | 5 | 19-Oct-2001 | 200118154 | 200118154 | 19-Oct-2001 | |||||||||||||
Spain |
PREVAGE | Registered | 5 | 24-Oct-2001 | 2432740 | 2432740 | 05-Apr-2002 | |||||||||||||
Sri Lanka |
PREVAGE | Pending | 11-May-2001 | 105518 | ||||||||||||||||
Switzerland |
PREVAGE | Registered | 3 | 03-Mar-2005 | 51712/2005 | 532848 | 06-May-2005 | |||||||||||||
Switzerland |
PREVAGE | Registered | 3 | 05-Dec-2013 | 64614 2013 | 655396 | 05-Dec-2013 | |||||||||||||
Tangier |
PREVAGE | Registered | 5 | 20597 | 22-Oct-2001 | |||||||||||||||
Thailand |
PREVAGE | Registered | 3 | 30-Apr-2012 | 844768 | KOR391634 | 30-Jan-2015 | |||||||||||||
Thailand |
PREVAGE | Registered | 05 Int. | 30-Apr-2012 | 844769 | KOR392116 | 10-Feb-2015 | |||||||||||||
Tunisia |
PREVAGE | Registered | 5 | 19-Oct-2001 | TNE20011945 | 06-Apr-2003 | ||||||||||||||
Turkey |
PREVAGE | Registered | 5 | 22-Oct-2001 | 200121523 | 200121523 | 22-Oct-2001 |
ELIZABETH ARDEN INTERNATIONAL, SARL
CountryName | TrademarkName | TrademarkStatus | Class | FilDate | AppNumber | RegNumber | RegDate | |||||||||||||
United Kingdom |
PREVAGE | Registered | 5 | 18-Oct-2001 | 2283445 | 2283445 | 15-Mar-2002 | |||||||||||||
Japan |
PREVAGE JAPANESE CHARACTERS | Registered | 5 | 25-Oct-2001 | 2001095717 | 0004608635 | 27-Sep-2002 | |||||||||||||
WIPO |
RED DOOR DEVICE (COLOR) | Registered | 3 | 690206 | 13-Feb-1998 | |||||||||||||||
WIPO |
SUNFLOWERS | Registered | 3 | 611229 | 12-Nov-1993 | |||||||||||||||
Armenia |
TRUE LOVE | Registered | 3 | 617785 | 25-Mar-1994 | |||||||||||||||
WIPO |
TRUE LOVE | Registered | 3 | 617785 | 25-Mar-1994 | |||||||||||||||
WIPO |
WHITE DIAMONDS | Registered | 3 | 581519 | 09-Jan-1992 |
ELIZABETH ARDEN, INC.
Country | Trademark | Class | Status | FilDate | AppNumber | RegDate | RegNumber | |||||||||||
Australia |
ADVANCED MIX CONCENTRATE design | 01 Int., 03 Int. | Registered | 18-Jun-2014 | 1629184 | 04-Mar-2015 | 1629184 | |||||||||||
China (Peoples Republic) |
ADVANCED MIX CONCENTRATE design | 03 Int. | Published | 25-Jul-2014 | 14911727 | |||||||||||||
Australia |
ARAZINE | 3 | Registered | 30-Mar-2012 | 1483282 | 30-Mar-2012 | 1483282 | |||||||||||
Canada |
ARAZINE | 3 | Registered | 29-Mar-2012 | 1571015 | 12-Mar-2015 | TMA898652 | |||||||||||
China (Peoples Republic) |
ARAZINE | 3 | Registered | 30-Mar-2012 | 10703206 | 28-May-2013 | 10703206 | |||||||||||
European Community |
ARAZINE | 3 | Registered | 29-Mar-2012 | 10771533 | 30-Aug-2012 | 10771533 | |||||||||||
Hong Kong |
ARAZINE | 3 | Registered | 30-Mar-2012 | 302208203 | 30-Mar-2012 | 302208203 | |||||||||||
Japan |
ARAZINE | 01 Int. | Registered | 27-Jun-2014 | 2014053781 | 24-Oct-2014 | 5713075 | |||||||||||
Mexico |
ARAZINE | 3 | Registered | 30-Apr-2012 | 1270062 | 24-Sep-2012 | 1312933 | |||||||||||
New Zealand |
ARAZINE | 3 | Registered | 30-Mar-2012 | 956543 | 30-Mar-2012 | 956543 | |||||||||||
Norway |
ARAZINE | 3 | Registered | 30-Mar-2012 | 201203413 | 12-Jul-2012 | 266353 | |||||||||||
South Africa |
ARAZINE | 3 | Registered | 02-Apr-2012 | 201208309 | 06-Jan-2014 | 2012/08309 | |||||||||||
Taiwan |
ARAZINE | 3 | Registered | 30-Mar-2012 | 101017272 | 16-Oct-2012 | 1541304 | |||||||||||
United States of America |
ARAZINE | Registered | 06-Dec-2013 | 86/137152 | 12-Aug-2014 | 4583480 | ||||||||||||
United States of America |
BATH & BODY LUXURIES (STYLIZED) | 3 | Registered | 18-Feb-1992 | 74/246,973 | 27-Apr-1993 | 1767119 | |||||||||||
China (Peoples Republic) |
BEAUTY SLEEP | 3 | Registered | 01-Jul-2008 | 6816224 | 21-Apr-2010 | 6816224 | |||||||||||
European Community |
BEAUTY SLEEP | 3 | Registered | 30-Apr-2003 | 3,150,083 | 23-Aug-2004 | 3150083 | |||||||||||
Hong Kong |
BEAUTY SLEEP | 3 | Registered | 26-Jun-2008 | 301148238 | 26-Jun-2008 | 301148238 | |||||||||||
Mexico |
BEAUTY SLEEP | 3 | Registered | 25-Apr-2003 | 598382 | 27-Feb-2004 | 822973 |
ELIZABETH ARDEN, INC.
Country | Trademark | Class | Status | FilDate | AppNumber | RegDate | RegNumber | |||||||||||
Singapore |
BEAUTY SLEEP | 3 | Registered | 27-Jun-2008 | T0808562Z | 27-Jun-2008 | T0808562Z | |||||||||||
European Community |
BODY BY DESIGN | 3 | Registered | 01-Apr-1996 | 76992 | 30-Mar-1998 | 76992 | |||||||||||
Australia |
BORA BORA | 03 Int. | Registered | 21-Apr-2015 | 1688580 | 21-Apr-2015 | 1688580 | |||||||||||
Brazil |
BORA BORA | 3 | Registered | 06-Jul-2001 | 824083202 | 17-Apr-2007 | 824083202 | |||||||||||
Canada |
BORA BORA | Registered | 08-Jun-2001 | 1105792 | 02-Sep-2003 | 588638 | ||||||||||||
Chile |
BORA BORA | Registered | 01-Oct-1988 | 839974 | 01-Oct-1988 | 845945 | ||||||||||||
China (Peoples Republic) |
BORA BORA | 03 Int. | Published | 16-Sep-2014 | 15355489 | |||||||||||||
European Community |
BORA BORA | 03 Int. | Registered | 10-May-2011 | 9953886 | 22-Sep-2011 | 009953886 | |||||||||||
European Community |
BORA BORA | Registered | 28-Aug-2014 | 13207709 | 08-Jan-2015 | 13207709 | ||||||||||||
Indonesia |
BORA BORA | 03 Int. | Pending | 15-Sep-2014 | D002014041896 | |||||||||||||
Israel |
BORA BORA | Pending | 22-Apr-2015 | 273990 | ||||||||||||||
Japan |
BORA BORA | 03 Int. | Registered | 21-Apr-2015 | 2015038768 | 02-Oct-2015 | 5795249 | |||||||||||
Lebanon |
BORA BORA | Registered | 02-Sep-2014 | 23155 | 18-Sep-2014 | 160308 | ||||||||||||
Malaysia |
BORA BORA | 3 | Pending | 05-Jun-2015 | 2015058701 | |||||||||||||
Mexico |
BORA BORA | Registered | 11-Jun-2001 | 489850 | 30-Jul-2001 | 709345 | ||||||||||||
Panama |
BORA BORA | 03 Int. | Registered | 30-Oct-2014 | 236166 | 26-Jun-2015 | 236166 | |||||||||||
Paraguay |
BORA BORA | 03 Int. | Pending | 21-Oct-2014 | 452822014 | |||||||||||||
Philippines |
BORA BORA | 03 Int. | Registered | 29-Aug-2014 | 42014503873 | 27-Nov-2014 | 4201400503873 | |||||||||||
Singapore |
BORA BORA | 03 Int. | Registered | 23-Apr-2015 | 40201506733T | 07-Oct-2015 | 40201506733T | |||||||||||
Spain |
BORA BORA | Registered | 09-Sep-1974 | 764519 | 16-Jun-1976 | 764519 |
ELIZABETH ARDEN, INC.
Country | Trademark | Class | Status | FilDate | AppNumber | RegDate | RegNumber | |||||||||||
United Arab Emirates |
BORA BORA | 03 Int. | Published | 11-Mar-2015 | 228811 | |||||||||||||
United States of America |
BORA BORA | 03 Int. | Registered | 05-Jun-2001 | 76/266911 | 29-Jul-2003 | 2743659 | |||||||||||
Uruguay |
BORA BORA | 03 Int. | Published | 09-Oct-2014 | 459166 | |||||||||||||
United States of America |
BORA BORA MENS BOTTLE DESIGN | Registered | 24-Jun-2002 | 76/425314 | 17-Feb-2004 | 2815578 | ||||||||||||
United States of America |
BORA BORA WOMENS BOTTLE DESIGN | 03 Int. | Registered | 24-Jun-2002 | 76/424239 | 23-Dec-2003 | 2798927 | |||||||||||
Canada |
BOWLING GREEN | Registered | 02-Mar-1988 | 601940 | 02-Feb-1990 | 364773 | ||||||||||||
United States of America |
BOWLING GREEN (DEMO) | 3 | Registered | 04-Aug-1986 | 73/612,916 | 07-Apr-1987 | 1,435,236 | |||||||||||
Benelux |
CATALYST | 3 | Registered | 03-Nov-1992 | 788188 | 03-Nov-1992 | 520239 | |||||||||||
Denmark |
CATALYST | 3 | Registered | 15-Oct-1992 | VA7334/92 | 24-Dec-1993 | VR8758/93 | |||||||||||
Saudi Arabia |
CATALYST | 3 | Registered | 07-Apr-1993 | 20,660 | 07-Apr-1993 | 3106 | |||||||||||
Spain |
CATALYST | 3 | Registered | 12-Nov-1992 | 1729738 | 05-Jul-1995 | 1729738 | |||||||||||
United States of America |
CATALYST | 3 | Registered | 12-Apr-2006 | 78/860226 | 12-Dec-2006 | 3183911 | |||||||||||
European Community |
CHILL | 3 | Registered | 01-Apr-1996 | 77024 | 30-Mar-1998 | 77024 | |||||||||||
United States of America |
CHILL | 3 | Registered | 13-Feb-1987 | 73/644,470 | 08-Sep-1987 | 1,456,034 | |||||||||||
Australia |
CURIOUS | 3 | Registered | 14-May-2004 | 1002046 | 14-May-2004 | 1002046 | |||||||||||
Brazil |
CURIOUS | 3 | Registered | 14-May-2004 | 826360904 | 04-Dec-2007 | 826360904 | |||||||||||
Chile |
CURIOUS | 3 | Registered | 17-May-2004 | 647288 | 08-Oct-2004 | 1126093 | |||||||||||
China (Peoples Republic) |
CURIOUS | 3 | Registered | 23-Mar-2005 | 4558018 | 14-Jul-2008 | 4558018 | |||||||||||
Colombia |
CURIOUS | 3 | Registered | 17-May-2004 | 2004045233 | 29-Nov-2004 | 292108 | |||||||||||
European Community |
CURIOUS | 3 | Registered | 14-May-2004 | 3810991 | 02-May-2006 | 3810991 |
ELIZABETH ARDEN, INC.
Country | Trademark | Class | Status | FilDate | AppNumber | RegDate | RegNumber | |||||||||||
Hong Kong |
CURIOUS | 3 | Registered | 14-May-2004 | 300214703 | 14-May-2004 | 300214703 | |||||||||||
India |
CURIOUS | 3 | Registered | 18-May-2004 | 01284661 | 18-May-2004 | 1284661 | |||||||||||
Japan |
CURIOUS | 3 | Registered | 26-Nov-2004 | 2004108088 | 15-Jul-2005 | 4880290 | |||||||||||
Korea, Republic of |
CURIOUS | 3 | Registered | 02-Mar-2005 | 40-2005-8519 | 15-Sep-2006 | 678535 | |||||||||||
Mexico |
CURIOUS | 3 | Registered | 14-May-2004 | 656328 | 18-Jun-2004 | 838795 | |||||||||||
New Zealand |
CURIOUS | Registered | 14-May-2004 | 712342 | 14-May-2004 | 712342 | ||||||||||||
Norway |
CURIOUS | 3 | Registered | 21-May-2004 | 200405419 | 04-Jul-2005 | 227386 | |||||||||||
Russian Federation |
CURIOUS | 3 | Registered | 09-Nov-2006 | 2006732514 | 13-Feb-2008 | 343898 | |||||||||||
Singapore |
CURIOUS | 3 | Registered | 18-May-2004 | T04/07951Z | 18-May-2004 | T0407951Z | |||||||||||
South Africa |
CURIOUS | 3 | Registered | 14-May-2004 | 200407681 | 14-May-2004 | 200407681 | |||||||||||
Switzerland |
CURIOUS | 3 | Registered | 14-May-2004 | 53198/2004 | 14-May-2004 | 522978 | |||||||||||
Taiwan |
CURIOUS | 3 | Registered | 14-May-2004 | 093022166 | 16-Mar-2005 | 1143352 | |||||||||||
United States of America |
CURIOUS | 3 | Registered | 13-May-2004 | 78/418384 | 06-Sep-2005 | 2993382 | |||||||||||
Argentina |
CURVE | Registered | 20-Jul-1995 | 2795189 | 13-Apr-2009 | 2281592 | ||||||||||||
Aruba |
CURVE | Registered | 18-Sep-2007 | 17494IM200709192 | 23-Oct-2007 | 26769 | ||||||||||||
Australia |
CURVE | Registered | 20-Jul-1995 | 667149 | 14-Oct-1996 | 667149 | ||||||||||||
Bahrain |
CURVE | Registered | 25-Mar-1997 | 41697 | 15-Oct-2000 | 21811 | ||||||||||||
Benelux |
CURVE | Registered | 18-Jul-1995 | 852132 | 18-Jul-1995 | 0577380 | ||||||||||||
Bermuda |
CURVE | 03 | Registered | 09-Nov-1995 | 27316 | 09-Nov-1995 | 27316 | |||||||||||
Bolivia |
CURVE | Registered | 17-Mar-1998 | 65565 | 17-Mar-1998 | 70224 |
ELIZABETH ARDEN, INC.
Country | Trademark | Class | Status | FilDate | AppNumber | RegDate | RegNumber | |||||||||||
Brazil |
CURVE | 3 | Registered | 31-Jul-1995 | 818649429 | 07-Oct-1997 | 818649429 | |||||||||||
Canada |
CURVE | 3 | Registered | 01-May-1995 | 781778 | 07-Oct-1997 | TMA483689 | |||||||||||
Caribbean Netherlands(Bonaire, St Eustatius, Saba) |
CURVE | 03 | Registered | 07-Jul-2011 | 1371 | 07-Jul-2015 | 1371 | |||||||||||
Caribbean Netherlands(Bonaire, St Eustatius, Saba) |
CURVE | 03 | Registered | 07-Jul-2011 | 1371 | 07-Jul-2015 | 1371 | |||||||||||
Chile |
CURVE | 03 | Registered | 18-Aug-1995 | 743474 | 23-Aug-1996 | 777061 | |||||||||||
Colombia |
CURVE | Registered | 30-Oct-1995 | 95051177 | 18-Sep-2001 | 264635 | ||||||||||||
Dominican Republic |
CURVE | Registered | 15-Oct-1995 | 15-Oct-1995 | 80311 | |||||||||||||
Ecuador |
CURVE | Registered | 07-Aug-1995 | 59839 | 26-Mar-1997 | 59839 | ||||||||||||
European Community |
CURVE | 03 Int. | Registered | 05-May-1997 | 528836 | 10-Feb-1999 | 528836 | |||||||||||
European Community |
CURVE | 3, 9, 14, 18, 25, 35, 42 | Registered | 29-Aug-2003 | 3331626 | 29-Mar-2005 | 3331626 | |||||||||||
France |
CURVE | 03 | Registered | 26-Jul-1995 | 95582180 | 26-Jul-1995 | 95582180 | |||||||||||
Germany |
CURVE | 03 | Registered | 18-Jul-1995 | 395294622 | 16-Apr-1996 | 39529462 | |||||||||||
Ireland |
CURVE | 3 | Registered | 10-Aug-1995 | 168048 | 10-Aug-1995 | 168048 | |||||||||||
Israel |
CURVE | 3 | Registered | 21-Jul-1995 | 99725 | 21-Jan-1997 | 99725 | |||||||||||
Jamaica |
CURVE | 3 | Registered | 14-Oct-2003 | 44444 | 14-Oct-2003 | 44444 | |||||||||||
Lebanon |
CURVE | 3 | Registered | 28-Oct-1995 | 804401852 | 28-Oct-1995 | 130647 | |||||||||||
Malaysia |
CURVE | 3 | Registered | 23-Aug-1995 | 95008661 | 23-Aug-1995 | 95008661 | |||||||||||
Mexico |
CURVE | 3 | Registered | 08-May-1995 | 231182 | 15-Jun-1995 | 494716 | |||||||||||
New Zealand |
CURVE | 3 | Registered | 07-Aug-1995 | 252018 | 07-Aug-1995 | 252018 | |||||||||||
Oman |
CURVE | 3 | Registered | 11-Nov-1995 | 12521 | 08-Oct-2001 | 12521 |
ELIZABETH ARDEN, INC.
Country | Trademark | Class | Status | FilDate | AppNumber | RegDate | RegNumber | |||||||||||
Qatar |
CURVE | 3 | Registered | 22-Jul-1995 | 13721 | 25-Sep-2002 | 13721 | |||||||||||
Russian Federation |
CURVE | 3 | Pending | 17-Dec-2015 | 2015741625 | |||||||||||||
Singapore |
CURVE | 3 | Registered | 28-Jul-1995 | T9506897D | 28-Jul-1995 | T9506897D | |||||||||||
St. Maarten |
CURVE | Registered | 07-Jul-2011 | 6011 | 07-Jul-2015 | 6011 | ||||||||||||
Switzerland |
CURVE | Registered | 09-Aug-1995 | 96531995 | 16-Aug-1996 | P429458 | ||||||||||||
Taiwan |
CURVE | Registered | 24-Jul-1995 | 84036946 | 16-May-2000 | 891635 | ||||||||||||
Trinidad and Tobago |
CURVE | Registered | 23-Oct-2003 | 34375 | 06-Oct-2005 | 34375 | ||||||||||||
Turkey |
CURVE | 03 Int. | Registered | 30-Jun-2005 | 200527098 | 30-Jun-2005 | 200527098 | |||||||||||
United Kingdom |
CURVE | Registered | 01-May-1995 | 2019439 | 16-Feb-1996 | 2019439 | ||||||||||||
United States of America |
CURVE | Registered | 08-May-1995 | 74670680 | 31-Dec-1996 | 2027829 | ||||||||||||
Uruguay |
CURVE | 3 | Registered | 24-Feb-1999 | 404487 | 19-Oct-1999 | 404487 | |||||||||||
European Community |
CURVE APPEAL | 03 | Registered | 21-Oct-2010 | 9463845 | 01-Mar-2011 | 9463845 | |||||||||||
United States of America |
CURVE APPEAL | 3 | Registered | 20-Oct-2010 | 85157271 | 24-Jul-2012 | 4180104 | |||||||||||
Argentina |
CURVE CRUSH | Registered | 28-Jan-2004 | 2491427 | 07-Dec-2005 | 2056368 | ||||||||||||
Aruba |
CURVE CRUSH | Registered | 02-Mar-2005 | IM05030415 | 23-Mar-2005 | 23404 | ||||||||||||
Bermuda |
CURVE CRUSH | 03 | Registered | 29-Jan-2004 | 40844 | 29-Jan-2004 | 40844 | |||||||||||
Canada |
CURVE CRUSH | Registered | 30-Oct-2003 | 1194698 | 27-Nov-2007 | 701856 | ||||||||||||
European Community |
CURVE CRUSH | 03 | Registered | 30-Oct-2003 | 3483261 | 08-Feb-2005 | 3483261 | |||||||||||
Mexico |
CURVE CRUSH | 3 | Registered | 31-Oct-2003 | 627576 | 24-Nov-2003 | 813921 | |||||||||||
Trinidad and Tobago |
CURVE CRUSH | Registered | 02-Feb-2004 | 34683 | 02-Mar-2014 | 34683 |
ELIZABETH ARDEN, INC.
Country | Trademark | Class | Status | FilDate | AppNumber | RegDate | RegNumber | |||||||||||
United States of America |
CURVE CRUSH | 03 | Registered | 02-Sep-2003 | 78294759 | 19-Jul-2005 | 2973691 | |||||||||||
Uruguay |
CURVE CRUSH | 3 | Registered | 05-Feb-2004 | 352733 | 02-Aug-2004 | 352733 | |||||||||||
Venezuela |
CURVE CRUSH | 3 | Registered | 28-Jan-2004 | 2004001061 | 01-Nov-2004 | p256855 | |||||||||||
United States of America |
CURVE KICKS | 3 | Registered | 11-Sep-2006 | 78971107 | 09-Oct-2007 | 3310027 | |||||||||||
Canada |
CURVE STYLIZED | Registered | 07-Aug-1997 | 852997 | 30-Jul-1998 | TMA498109 | ||||||||||||
European Community |
CURVE STYLIZED | |
3, 9, 14, 18, 25, 35, 42 |
|
Registered | 07-May-1998 | 819524 | 06-Feb-2001 | 819524 | |||||||||
United Kingdom |
CURVE STYLIZED | Registered | 07-May-1998 | 2165944A | 25-Jun-1999 | 2165944A | ||||||||||||
United States of America |
CURVE STYLIZED | Registered | 04-Aug-1997 | 75335788 | 26-May-1998 | 2160698 | ||||||||||||
Mexico |
CURVE WAVE | 3 | Registered | 15-Sep-2004 | 677223 | 26-Oct-2004 | 856726 | |||||||||||
United States of America |
CURVE WAVE | Registered | 13-Sep-2004 | 78482365 | 14-Mar-2006 | 3069386 | ||||||||||||
United States of America |
CURVE. SEE WHERE IT TAKES YOU. | 3 | Registered | 27-May-1997 | 75298339 | 27-Jan-1998 | 2132886 | |||||||||||
Canada |
DELICIOUSLY WHIPPED! | 3 | Registered | 02-Jul-2004 | 1222353 | 29-Nov-2005 | 653846 | |||||||||||
European Community |
DELICIOUSLY WHIPPED! | 3 | Registered | 01-Jul-2004 | 3907128 | 15-Sep-2005 | 3907128 | |||||||||||
United States of America |
DELICIOUSLY WHIPPED! | 3 | Registered | 29-Jun-2004 | 78442885 | 03-Jan-2006 | 3038457 | |||||||||||
Canada |
DES PREUVES ET NON DES PROMESSES | 3 | Registered | 19-Oct-2005 | 1276244 | 28-Sep-2006 | 673681 | |||||||||||
France |
DES PREUVES ET NON DES PROMESSES | 3 | Registered | 31-Aug-2011 | 113855582 | 31-Aug-2011 | 113855582 | |||||||||||
Antigua and Barbuda |
DESIGN | 3 | Registered | 13-Sep-1990 | 13-Sep-1990 | 3181 | ||||||||||||
Bahamas |
DESIGN | 3 | Registered | 10-Aug-1990 | 10-Aug-1990 | 14165 | ||||||||||||
Barbados |
DESIGN | 3 | Registered | 05-Sep-1997 | 81/7010 | |||||||||||||
Bermuda |
DESIGN | Registered | 20-Sep-1990 | 21,072 | 28-Aug-1992 | 21,072 |
ELIZABETH ARDEN, INC.
Country | Trademark | Class | Status | FilDate | AppNumber | RegDate | RegNumber | |||||||||||
Canada |
DESIGN | 3 | Registered | 17-Nov-1995 | 797630 | 22-Nov-2013 | TMA504431 | |||||||||||
Canada |
DESIGN | 3 | Registered | 09-Dec-1987 | 596,981 | 23-Dec-1988 | 349443 | |||||||||||
Costa Rica |
DESIGN | 3 | Registered | 03-Aug-1990 | 14-Apr-1992 | 79237 | ||||||||||||
Curacao |
DESIGN | 3 | Pending | 20-Oct-2004 | D-400592 | 10975 | ||||||||||||
Ecuador |
DESIGN | int 3 | Registered | 20-Nov-1991 | 28,847 | 28-Jul-1992 | 2643/02 | |||||||||||
El Salvador |
DESIGN | 3 | Registered | 05-Oct-1992 | 81 VOL. 13 | |||||||||||||
European Community |
DESIGN | 3 | Registered | 01-Apr-1996 | 128025 | 09-Jul-1998 | 128025 | |||||||||||
Mexico |
DESIGN | 3 | Registered | 07-Dec-1995 | 249762 | 07-Dec-1995 | 517756 | |||||||||||
Netherlands Antilles |
DESIGN | Registered | 20-Oct-2004 | D400592 | 20-Oct-2004 | 10975 | ||||||||||||
Panama |
DESIGN | Registered | 18-Sep-1991 | 054231 | ||||||||||||||
Saudi Arabia |
DESIGN | 3 | Registered | 21-Jan-1990 | 10,687 | 22-Jul-1990 | 221/83 | |||||||||||
St. Maarten |
DESIGN | Registered | 17-Oct-2014 | D400592 | 20-Oct-2004 | 09511 | ||||||||||||
Trinidad and Tobago |
DESIGN | 3 | Registered | 24-Jul-1990 | 19146 | |||||||||||||
United States of America |
DESIGN | 3 | Registered | 12-Jun-1985 | 73/542,581 | 28-Jan-1986 | 1379973 | |||||||||||
United States of America |
DESIGN | 3 | Registered | 19-Jul-1996 | 75/136,500 | 03-Jun-1997 | 2067253 | |||||||||||
Australia |
DO YOU DARE? | 3 | Registered | 16-Jun-2004 | 1006823 | 07-Feb-2005 | 1006823 | |||||||||||
Canada |
DO YOU DARE? | Registered | 16-Jun-2004 | 1220671 | 26-Aug-2005 | 646750 | ||||||||||||
European Community |
DO YOU DARE? | 3, 5, 35 | Registered | 23-Jul-2004 | 3949419 | 21-Sep-2005 | 3949419 | |||||||||||
Japan |
DO YOU DARE? | 3 | Registered | 16-Jun-2004 | 2004056676 | 28-Jan-2005 | 4835916 | |||||||||||
Mexico |
DO YOU DARE? | 3 | Registered | 16-Jun-2004 | 661969 | 08-Jul-2004 | 840955 |
ELIZABETH ARDEN, INC.
Country | Trademark | Class | Status | FilDate | AppNumber | RegDate | RegNumber | |||||||||||
New Zealand |
DO YOU DARE? | 3 | Registered | 16-Jun-2004 | 713922 | 16-Jun-2004 | 713922 | |||||||||||
Singapore |
DO YOU DARE? | 3 | Registered | 17-Jun-2004 | T04/09704F | 17-Jun-2004 | T04/09704F | |||||||||||
St. Maarten |
ELIZABETH ARDEN | 03 Int. | Registered | 24-Apr-2014 | 14094 | 27-Jun-2014 | 14507 | |||||||||||
Turkey |
ELIZABETH ARDEN ALWAYS RED | Registered | 02-Mar-2015 | 201517779 | 21-Jan-2016 | 201517779 | ||||||||||||
Argentina |
ELIZABETH ARDEN CERAMIDE MOISTURE NETWORK | 3 | Registered | 24-May-2004 | 2516189 | 12-Jan-2006 | 2062342 | |||||||||||
Mexico |
END OF THE LINE | 3 | Registered | 11-Nov-2004 | 687422 | 16-Dec-2004 | 864604 | |||||||||||
Australia |
EVERYBODY HAS ONE | 3 | Registered | 05-Sep-2005 | 1073735 | 08-May-2006 | 1073735 | |||||||||||
Canada |
EVERYBODY HAS ONE | 3 | Registered | 26-Aug-2005 | 1270181 | 11-Sep-2006 | 672228 | |||||||||||
European Community |
EVERYBODY HAS ONE | 3, 5, 44 | Registered | 30-Aug-2005 | 4609954 | 20-Oct-2006 | 4609954 | |||||||||||
New Zealand |
EVERYBODY HAS ONE | 3 | Registered | 05-Sep-2005 | 735126 | 11-May-2006 | 735126 | |||||||||||
South Africa |
EVERYBODY HAS ONE | 3 | Registered | 31-Aug-2005 | 2005117994 | 31-Aug-2005 | 2005/17994 | |||||||||||
United States of America |
EVERYBODY HAS ONE | 3 | Registered | 29-Aug-2005 | 78702246 | 14-Nov-2006 | 3172571 | |||||||||||
Australia |
FANTASY | Registered | 02-Nov-2009 | 1329202 | 17-Jun-2013 | 1329202 | ||||||||||||
Benelux |
FANTASY | 3 | Registered | 30-Jan-1991 | 0759055 | 30-Jan-1991 | 490396 | |||||||||||
Australia |
FANTASY (Stylized) | Registered | 02-Nov-2009 | 1329205 | 17-Jun-2013 | 1329205 | ||||||||||||
Australia |
FANTASY TWIST | 3 | Registered | 13-Apr-2012 | 1485570 | 13-Apr-2012 | 1485570 | |||||||||||
Brazil |
FANTASY TWIST | 3 | Registered | 11-Jun-2012 | 840157533 | 09-Jun-2015 | 840157533 | |||||||||||
Chile |
FANTASY TWIST | 3 | Registered | 08-Jun-2012 | 1011123 | 27-Nov-2014 | 1142961 | |||||||||||
Colombia |
FANTASY TWIST | 3 | Published | 07-Jun-2012 | 2012096683 | |||||||||||||
Egypt |
FANTASY TWIST | 3 | Pending | 17-Feb-2013 | 285329 |
ELIZABETH ARDEN, INC.
Country | Trademark | Class | Status | FilDate | AppNumber | RegDate | RegNumber | |||||||||||
European Community |
FANTASY TWIST | 3 | Registered | 17-Apr-2012 | 010815173 | 15-Sep-2012 | 010815173 | |||||||||||
Iceland |
FANTASY TWIST | 3 | Registered | 05-Jun-2012 | 15622012 | 03-Aug-2012 | 8332012 | |||||||||||
Japan |
FANTASY TWIST | 3 | Registered | 13-Apr-2012 | 2012029958 | 21-Sep-2012 | 5523044 | |||||||||||
Kuwait |
FANTASY TWIST | 3 | Registered | 14-Jun-2012 | 131062 | 07-Jul-2013 | 109319 | |||||||||||
Lebanon |
FANTASY TWIST | 3 | Registered | 13-Aug-2012 | 06-Aug-2012 | 144647 | ||||||||||||
Malaysia |
FANTASY TWIST | 3 | Registered | 06-Jul-2012 | 2012011598 | 06-Jul-2012 | 2012011598 | |||||||||||
Mexico |
FANTASY TWIST | 3 | Registered | 30-Apr-2012 | 1270061 | 05-Sep-2012 | 1309565 | |||||||||||
New Zealand |
FANTASY TWIST | 3 | Registered | 13-Apr-2012 | 957208 | 13-Apr-2012 | 957208 | |||||||||||
Norway |
FANTASY TWIST | 3 | Registered | 13-Apr-2012 | 201203910 | 07-Mar-2013 | 269771 | |||||||||||
Oman |
FANTASY TWIST | 3 | Registered | 09-Jun-2012 | 74711 | 31-Oct-2013 | 74711 | |||||||||||
Panama |
FANTASY TWIST | 3 | Registered | 29-Jan-2013 | 220217 01 | 29-Jan-2013 | 220217 | |||||||||||
Paraguay |
FANTASY TWIST | 3 | Registered | 05-Jun-2012 | 264372012 | 12-Jul-2013 | 382797 | |||||||||||
Peru |
FANTASY TWIST | 3 | Registered | 10-Jul-2012 | 500116 | 09-Feb-2015 | 224760 | |||||||||||
Singapore |
FANTASY TWIST | 03 Int. | Registered | 16-Apr-2012 | T1205427Z | 16-Apr-2012 | T1205427Z | |||||||||||
South Africa |
FANTASY TWIST | 3 | Registered | 13-Apr-2012 | 201209385 | 06-Jan-2014 | 201209385 | |||||||||||
Taiwan |
FANTASY TWIST | 3 | Registered | 13-Apr-2012 | 101020111 | 01-Nov-2012 | 1543642 | |||||||||||
United Arab Emirates |
FANTASY TWIST | 3 | Registered | 21-Jun-2012 | 175532 | 24-Mar-2014 | 175532 | |||||||||||
Italy |
FATTI NON PROMESSE | 3 | Registered | 29-Aug-2011 | MI2011C008688 | 17-Apr-2012 | 0001485292 | |||||||||||
Austria |
FLAWLESS FINISH | 3 | Registered | 10-Feb-1995 | 632491 | |||||||||||||
Japan |
FLAWLESS START | 03 Int. | Registered | 14-Oct-2014 | 201408612 | 30-Jan-2015 | 5737832 |
ELIZABETH ARDEN, INC.
Country | Trademark | Class | Status | FilDate | AppNumber | RegDate | RegNumber | |||||||||||
Saudi Arabia |
FLAWLESS START | 03 Int. | Pending | 15-Oct-2014 | 1435022551 | |||||||||||||
Australia |
FLEURS DE NUIT | 3 | Registered | 02-Nov-2007 | 1208197 | 02-Nov-2007 | 1208197 | |||||||||||
European Community |
FLEURS DE NUIT | 3 | Registered | 19-Jun-2007 | 6015358 | 02-Dec-2010 | 6015358 | |||||||||||
Mexico |
FLEURS DE NUIT | 3 | Registered | 07-Nov-2007 | 89431 | 30-Jun-2008 | 1047951 | |||||||||||
New Zealand |
FLEURS DE NUIT | 3 | Registered | 02-Nov-2007 | 778887 | 02-Nov-2007 | 778887 | |||||||||||
South Africa |
FLEURS DE NUIT | 3 | Registered | 02-Nov-2007 | 2007/25322 | 15-Dec-2010 | 200725322 | |||||||||||
United Arab Emirates |
FLEURS DE NUIT | 3 | Registered | 13-Nov-2007 | 102586 | 28-Jun-2010 | 105004 | |||||||||||
European Community |
FLOWER LOGO | 3 | Registered | 01-Apr-1996 | 77032 | 30-Mar-1998 | 77032 | |||||||||||
United States of America |
FLOWER LOGO | 3 | Registered | 03-Apr-1995 | 74/655,242 | 20-Feb-1996 | 1,957,908 | |||||||||||
Malaysia |
GRAND ENTRANCE | 03 Int. | Pending | 15-Apr-2015 | 2015055752 | |||||||||||||
United States of America |
GRAPHITE BLUE BY REALITIES | Registered | 31-Aug-2006 | 78965250 | 05-Aug-2008 | 3482553 | ||||||||||||
Antigua and Barbuda |
GREY FLANNEL | 48 | Registered | 15-Apr-1981 | 2383 | |||||||||||||
Armenia |
GREY FLANNEL | 3 | Registered | 17-Aug-2012 | 20121116 | 02-May-2013 | 19787 | |||||||||||
Australia |
GREY FLANNEL | 3 | Registered | 06-Jan-1985 | 06-Jan-1978 | 314502 | ||||||||||||
Australia |
GREY FLANNEL | 5 | Registered | 23-May-1983 | 23-May-1990 | 391692 | ||||||||||||
Azerbaijan |
GREY FLANNEL | 3 | Registered | 09-Aug-2012 | 20121169 | 23-Dec-2013 | 2013 1703 | |||||||||||
Bahamas |
GREY FLANNEL | 48 | Registered | 13-Apr-1981 | 10234 | 13-Apr-1981 | 10234 | |||||||||||
Benelux |
GREY FLANNEL | 3 | Registered | 31-Mar-1978 | 623,850 | 31-Mar-1978 | 352,885 | |||||||||||
Bermuda |
GREY FLANNEL | 3 | Registered | 15-May-1981 | 9439 | 15-May-1988 | 9439 | |||||||||||
Bermuda |
GREY FLANNEL | 5 | Registered | 15-May-1981 | 9440 | 15-May-1988 | 9440 |
ELIZABETH ARDEN, INC.
Country | Trademark | Class | Status | FilDate | AppNumber | RegDate | RegNumber | |||||||||||
Brazil |
GREY FLANNEL | 3 | Registered | 09-Oct-2012 | 840293577 | 11-Aug-2015 | 840293577 | |||||||||||
Canada |
GREY FLANNEL | Registered | 18-Aug-1977 | 414449 | 26-Oct-1979 | 236873 | ||||||||||||
Chile |
GREY FLANNEL | 3, 5 | Registered | 1.079.333 | 29-Apr-1993 | 1065689 | ||||||||||||
Colombia |
GREY FLANNEL | 3 | Registered | 09-Jun-1981 | 202,415 | 30-Aug-2005 | 304650 | |||||||||||
Costa Rica |
GREY FLANNEL | 3 | Registered | 01-Nov-1992 | 38321 | |||||||||||||
Cyprus, Republic of |
GREY FLANNEL | 3 | Registered | 11-Apr-1981 | 21,486 | 11-Apr-1982 | 21,486 | |||||||||||
Cyprus, Republic of |
GREY FLANNEL | 5 | Registered | 11-Apr-1988 | 21,487 | 11-Apr-1988 | 21,487 | |||||||||||
Denmark |
GREY FLANNEL | 3, 5 | Registered | 10-Apr-1981 | 1608 | 04-Dec-1981 | 198103912 | |||||||||||
Ecuador |
GREY FLANNEL | 3 | Registered | 07-Oct-1981 | 1848 | |||||||||||||
Estonia |
GREY FLANNEL | 3 | Registered | 18-May-1993 | 93/04761 | 09-Aug-1994 | 12115 | |||||||||||
Finland |
GREY FLANNEL | 3 | Registered | 15-Sep-1978 | R1166/91 | 22-Jun-1981 | 77932 | |||||||||||
France |
GREY FLANNEL | 3 | Registered | 12-May-1987 | 855,407 | 12-May-1997 | 1,407,983 | |||||||||||
Germany |
GREY FLANNEL | 3 | Registered | 10-Apr-1978 | 860327/3WZ | 10-Apr-1978 | 1059952 | |||||||||||
Guatemala |
GREY FLANNEL | 3 | Registered | 06-May-1982 | 43213 | |||||||||||||
Guyana |
GREY FLANNEL | 3 and 5 | Registered | 28-Dec-1988 | 11604A | 28-Dec-1988 | 11604A | |||||||||||
Honduras |
GREY FLANNEL | 3 | Registered | 15-Jun-1982 | 40066 | |||||||||||||
Hong Kong |
GREY FLANNEL | 3 | Registered | 22-Jul-1981 | 2029/81 | 22-Jul-1981 | 2032/82 | |||||||||||
Iceland |
GREY FLANNEL | 3, 5 | Registered | 23-Jul-1982 | 188/1982 | 23-Jul-1992 | 188/1982 | |||||||||||
India |
GREY FLANNEL | 3 | Registered | 30-Dec-1981 | NONE | 30-Dec-1981 | 384728 | |||||||||||
India |
GREY FLANNEL | 5 | Registered | 30-Dec-1981 | NONE | 30-Dec-1981 | 384729 |
ELIZABETH ARDEN, INC.
Country | Trademark | Class | Status | FilDate | AppNumber | RegDate | RegNumber | |||||||||||
Indonesia |
GREY FLANNEL | 3 | Registered | 28-Apr-1981 | 2351/C | 21-Aug-1982 | IDM000388669 | |||||||||||
Israel |
GREY FLANNEL | 3 | Registered | 11-Dec-1981 | 53392 | 11-Dec-1988 | 53392 | |||||||||||
Italy |
GREY FLANNEL | 3 | Registered | 20-Jan-1976 | 32830C/76 | 20-Jan-1976 | 00762057 | |||||||||||
Kazakhstan |
GREY FLANNEL | 3 | Registered | 02-Aug-2012 | 59048 | 26-Dec-2013 | 42582 | |||||||||||
Kenya |
GREY FLANNEL | 3 | Registered | 24-Dec-1988 | NONE | 24-Dec-1988 | 29438 | |||||||||||
Lebanon |
GREY FLANNEL | 04 Int., 03 Int. | Registered | 27-Jun-2013 | 150964 | 27-Jun-2013 | 150964 | |||||||||||
Lithuania |
GREY FLANNEL | 3 | Registered | 30-Sep-1993 | RL13552 | 03-Feb-1997 | 13687 | |||||||||||
Malaysia |
GREY FLANNEL | 3 | Registered | 22-Mar-1991 | 84/01331 | 22-Mar-1991 | 84001331 | |||||||||||
Mexico |
GREY FLANNEL | 3 | Registered | 25-Nov-1990 | 317695 | |||||||||||||
Mexico |
GREY FLANNEL | 3 | Registered | 9533/95 | 26-Aug-1995 | 314713 | ||||||||||||
New Zealand |
GREY FLANNEL | 3 | Registered | 15-Apr-1981 | 136804 | 15-Apr-1981 | 136804 | |||||||||||
New Zealand |
GREY FLANNEL | 5 | Registered | 15-May-1981 | 137170 | 15-May-1981 | 137170 | |||||||||||
Nicaragua |
GREY FLANNEL | 3 | Registered | 22-Jul-1982 | 14,261 C.C. | |||||||||||||
Norway |
GREY FLANNEL | 3 | Registered | 02-Jan-1990 | 104,304 | 07-Feb-1990 | 104304 | |||||||||||
Pakistan |
GREY FLANNEL | 3 | Registered | 11-Mar-1982 | 76386 | 11-Mar-1989 | 76386 | |||||||||||
Panama |
GREY FLANNEL | 03 Int. | Registered | 23-Jan-2014 | 22906001 | 23-Jan-2014 | 22906001 | |||||||||||
Paraguay |
GREY FLANNEL | 3 | Registered | 10-Sep-1991 | 12433 | 18-Apr-2002 | 245978 | |||||||||||
Peru |
GREY FLANNEL | 3 | Registered | 23-Jun-1992 | 498072 | 28-Sep-1992 | 68635 | |||||||||||
Philippines |
GREY FLANNEL | 3 | Registered | 05-Feb-1999 | 4199900834 | 05-Dec-2004 | 4199900834 | |||||||||||
Portugal |
GREY FLANNEL | 3 | Registered | 07-Oct-1981 | 213386 | 23-Aug-1988 | 213386 |
ELIZABETH ARDEN, INC.
Country | Trademark | Class | Status | FilDate | AppNumber | RegDate | RegNumber | |||||||||||
Portugal |
GREY FLANNEL | 3 | Registered | 07-Oct-1981 | 213387 | 10-Mar-1988 | 213387 | |||||||||||
Qatar |
GREY FLANNEL | 3 | Registered | 28-Jun-1981 | 1782 | 28-Jun-1981 | 1782 | |||||||||||
Russian Federation |
GREY FLANNEL | 3 | Registered | 10-Jan-1984 | 98624 | 10-Jan-1984 | 75546 | |||||||||||
Saudi Arabia |
GREY FLANNEL | 3 | Registered | 15-Dec-2012 | 189523 | 17-Dec-2013 | 143401306 | |||||||||||
South Africa |
GREY FLANNEL | 3 | Registered | 13-Apr-1981 | NONE | 13-Apr-1981 | 81/2358 | |||||||||||
Sweden |
GREY FLANNEL | 3 | Registered | 16-Jan-1989 | 89/0312 | 19-Jan-1979 | 166167 | |||||||||||
Switzerland |
GREY FLANNEL | 3 | Registered | 29-Mar-1978 | NONE | 29-Mar-1998 | 294197 | |||||||||||
Taiwan |
GREY FLANNEL | Registered | 04-Nov-2003 | 92064114 | 16-Jun-2004 | 1105465 | ||||||||||||
Turkey |
GREY FLANNEL | 3 | Registered | 04-Feb-1985 | 6762 | 04-Feb-1985 | 85883 | |||||||||||
Ukraine |
GREY FLANNEL | Registered | 10-Jan-1984 | 5936 | 30-Jun-1994 | 5936 | ||||||||||||
United Arab Emirates |
GREY FLANNEL | 3 | Registered | 20-Aug-1996 | 17,964 | 23-Aug-1998 | 17,702 | |||||||||||
United States of America |
GREY FLANNEL | 3 | Registered | 10-Jun-1975 | 73/054,688 | 18-May-1976 | 1039495 | |||||||||||
United States of America |
GREY FLANNEL | 3 | Registered | 01-Jun-1981 | 73/312,823 | 07-Oct-1986 | 1411923 | |||||||||||
Uruguay |
GREY FLANNEL | 3 | Registered | 04-Dec-1991 | 345,921 | 04-Sep-1992 | 345.921 | |||||||||||
Venezuela |
GREY FLANNEL | 3 | Registered | 03-Nov-1980 | 8223 | 24-Nov-1983 | 105513F | |||||||||||
Vietnam |
GREY FLANNEL | 3 | Registered | 22-Aug-2012 | 4201218544 | 11-Dec-2013 | 216316 | |||||||||||
Japan |
GREY FLANNEL WITH KATAKANA | 3 | Registered | 25-Jul-1974 | S49,100,398 | 09-May-1977 | 1267773 | |||||||||||
Argentina |
HALSTON | 3 | Registered | 14-Dec-1979 | 1018963 | 30-Apr-1993 | 1946784 | |||||||||||
Armenia |
HALSTON | 3 | Registered | 03-Aug-2012 | 20121042 | 11-Mar-2013 | 19623 | |||||||||||
Australia |
HALSTON | 3 | Registered | 27-Dec-1973 | 274978 | 27-Dec-1973 | 274978 |
ELIZABETH ARDEN, INC.
Country | Trademark | Class | Status | FilDate | AppNumber | RegDate | RegNumber | |||||||||||
Austria |
HALSTON | 3 | Registered | 11-Dec-1973 | AM 3168/73 | 09-May-1974 | 77283B | |||||||||||
Azerbaijan |
HALSTON | 3 | Registered | 09-Aug-2012 | 20121168 | 23-Dec-2013 | 20131702 | |||||||||||
Bahamas |
HALSTON | 48 | Registered | 08-Jan-1981 | 10,135 | 08-Jan-1981 | 10135 | |||||||||||
Benelux |
HALSTON | 3 | Registered | 323,189 | 07-Jan-1974 | 0323189 | ||||||||||||
Brazil |
HALSTON | 3 | Published | 11-Sep-2008 | 829862641 | |||||||||||||
Canada |
HALSTON | 3 | Registered | 29-May-1979 | 440262 | 11-Apr-1980 | TMA242945 | |||||||||||
Chile |
HALSTON | 3 | Registered | 13-Jun-1974 | 285,091 | 13-Jun-1974 | 1119795 | |||||||||||
China (Peoples Republic) |
HALSTON | 03 Int. | Pending | 14-May-2015 | 16944398 | |||||||||||||
Costa Rica |
HALSTON | 3 | Registered | 22-Dec-1977 | 53,947 | 17-May-1978 | 53,947 | |||||||||||
Curacao |
HALSTON | Registered | 31-Dec-2001 | D-8315 | 27-Apr-1978 | 09318 | ||||||||||||
Denmark |
HALSTON | 3 | Registered | 10-Dec-1973 | 5672/1973 | 11-Oct-1994 | 32121974 | |||||||||||
Dominican Republic |
HALSTON | 50 | Registered | 11-Nov-1977 | 27,109 | 22-Nov-1977 | 27109 | |||||||||||
Ecuador |
HALSTON | 3 | Registered | 21-Mar-1977 | 1319/20 | 11-May-1977 | 194193 | |||||||||||
Egypt |
HALSTON | 3 | Registered | 30-Dec-1973 | 49,168 | 28-Dec-1974 | 49168 | |||||||||||
El Salvador |
HALSTON | 85, 127 | Registered | 26-Oct-1977 | 92/94 | 24-Jun-1982 | 92/94 | |||||||||||
European Community |
HALSTON | 3, 5, 44 | Registered | 13-Jun-2008 | 6986574 | 13-Jun-2008 | 6986574 | |||||||||||
Finland |
HALSTON | 3 | Registered | 10-Dec-1973 | 7140/73 | 05-Jul-1979 | 69739 | |||||||||||
France |
HALSTON | 3 | Registered | 13-Dec-1973 | 890,812 | 13-Nov-1973 | 1251041 | |||||||||||
Germany |
HALSTON | 3 | Registered | 08-Dec-1973 | H38949/3WZ | 31-Dec-1993 | 971428 | |||||||||||
Guatemala |
HALSTON | 3 | Registered | 28-Dec-1977 | 35,122 | 03-Aug-1978 | 35122 |
ELIZABETH ARDEN, INC.
Country | Trademark | Class | Status | FilDate | AppNumber | RegDate | RegNumber | |||||||||||
Honduras |
HALSTON | 3 | Registered | 21-Feb-1979 | 670/99 | 21-Feb-1989 | 25,884 | |||||||||||
Hong Kong |
HALSTON | 3 | Registered | 12-Dec-1973 | 471/1974 | 12-Dec-1973 | 19740471 | |||||||||||
India |
HALSTON | 3 | Registered | 10-Sep-2004 | 1307910 | 10-Sep-2004 | 1307910 | |||||||||||
Ireland |
HALSTON | 3 | Registered | 16-Jan-1987 | 82/87 | 16-Jan-1994 | 122,959 | |||||||||||
Ireland |
HALSTON | 5 | Registered | 16-Jan-1987 | 83/87 | 16-Jan-1994 | 122960 | |||||||||||
Israel |
HALSTON | 3 | Registered | 13-Dec-1973 | 38545 | 13-Dec-1973 | 38545 | |||||||||||
Italy |
HALSTON | 3 | Registered | 20-Dec-1973 | 35,789C/73 | 20-Dec-1973 | 1085208 | |||||||||||
Japan |
HALSTON | 3 | Registered | 26-Aug-1996 | 95401/1996 | 05-Jun-1998 | 4152297 | |||||||||||
Kazakhstan |
HALSTON | 3 | Registered | 02-Aug-2012 | 59049 | 26-Dec-2013 | 42583 | |||||||||||
Korea, Republic of |
HALSTON | 12 | Registered | 13-Dec-1973 | 7642/1973 | 08-Jun-1974 | 4037436 | |||||||||||
Malaysia |
HALSTON | 3 | Registered | 30-Apr-1987 | 87/01721 | 30-Apr-1994 | 8701721 | |||||||||||
Malaysia |
HALSTON | 5 | Registered | 30-Apr-1987 | 87/10723 | 30-Apr-1994 | 8710723 | |||||||||||
Mexico |
HALSTON | 52 | Registered | 16-Feb-1979 | 135,822 | 16-Feb-1979 | 231798 | |||||||||||
New Zealand |
HALSTON | 3 | Registered | 13-Nov-1987 | 175956 | 13-Nov-1987 | 175956 | |||||||||||
Nicaragua |
HALSTON | 3 | Registered | 01-Mar-1978 | 8,807CC | 17-Aug-1998 | 8,807CC | |||||||||||
Norway |
HALSTON | 3 | Registered | 12-Dec-1973 | 117,189 | 29-Jan-1976 | 95824 | |||||||||||
Panama |
HALSTON | 3 | Registered | 30-Dec-1977 | 22629 | 31-Aug-1998 | 22629 | |||||||||||
Paraguay |
HALSTON | 3 | Registered | 07-Mar-1979 | 1,019 | 11-May-1993 | 381240 | |||||||||||
Puerto Rico |
HALSTON | 3 | Registered | 08-May-1980 | 23,086 | 08-Sep-2000 | 23,086 | |||||||||||
Qatar |
HALSTON | 3 | Registered | 13-Feb-1983 | 3349 | 13-Feb-1983 | 3349 |
ELIZABETH ARDEN, INC.
Country | Trademark | Class | Status | FilDate | AppNumber | RegDate | RegNumber | |||||||||||
Singapore |
HALSTON | 3 | Registered | 10-Mar-1987 | 1062/87 | 10-Mar-1987 | T8701062H | |||||||||||
Singapore |
HALSTON | 5 | Registered | 10-Mar-1987 | 1063/87 | 10-Mar-1994 | T8701063F | |||||||||||
South Africa |
HALSTON | 3 | Registered | 11-Jul-1983 | 83/4672 | 11-Jul-1983 | 1983/04672 | |||||||||||
South Africa |
HALSTON | 3 | Registered | 12-Dec-1973 | 1973/06380 | 12-Dec-1973 | 1973/06380 | |||||||||||
Spain |
HALSTON | 3 | Registered | 19-Dec-1973 | 736,562 | 19-Dec-1979 | 736562 | |||||||||||
Sweden |
HALSTON | 3 | Registered | 21-Jun-1983 | 83/4060 | 29-Nov-1985 | 198787 | |||||||||||
Switzerland |
HALSTON | 3 | Registered | 23-Feb-1989 | 370763 | 26-Jun-1989 | 370763 | |||||||||||
Taiwan |
HALSTON | 3 | Registered | 16-Apr-2003 | 092018318 | 16-Jan-2004 | 1081792 | |||||||||||
Thailand |
HALSTON | 3 | Registered | 14-Dec-2007 | 682036 | 14-Dec-2007 | 288303 | |||||||||||
United Arab Emirates |
HALSTON | 3 | Registered | 11-May-1998 | 26456 | 11-May-1998 | 21418 | |||||||||||
United Kingdom |
HALSTON | 3 | Registered | 10-Dec-1973 | 1021964 | 10-Dec-1973 | 1021964 | |||||||||||
United States of America |
HALSTON | 3 | Registered | 05-Feb-1998 | 75/429,416 | 31-Aug-1999 | 2,273,790 | |||||||||||
United States of America |
HALSTON | 3 | Registered | 18-Jan-1974 | 73/011,266 | 27-Aug-1974 | 0991685 | |||||||||||
Uruguay |
HALSTON | 10 | Registered | 19-Jul-1979 | 316556 | |||||||||||||
Vietnam |
HALSTON | 3 | Pending | 14-Aug-2012 | 4201217911 | |||||||||||||
Australia |
HALSTON CATALYST | 3 | Registered | 05-Nov-1992 | 589,894 | 12-Jul-1996 | 589894 | |||||||||||
Peru |
HALSTON DEVICE | 3 | Registered | 30-Nov-1977 | 8081/77 | 21-Mar-1988 | 12439 | |||||||||||
Japan |
HALSTON IN KATAKANA | 4 | Registered | 12-Aug-1986 | 85318/86 | 28-Apr-1999 | 2129206 | |||||||||||
Canada |
HALSTON LIMITED | 3 | Registered | 23-Jun-1987 | 586611 | 21-Apr-1989 | TMA354876 | |||||||||||
Mexico |
HALSTON MENS BOTTLE DESIGN | 1 | Registered | 12-Jan-1981 | 178486 | 12-Jan-1981 | 258319 |
ELIZABETH ARDEN, INC.
Country | Trademark | Class | Status | FilDate | AppNumber | RegDate | RegNumber | |||||||||||
India |
HALSTON UNBOUND | 3 | Registered | 09-Sep-2004 | 1307911 | 26-Nov-2005 | 1307911 | |||||||||||
Mexico |
HALSTON WOMENS BOTTLE DESIGN | 1 | Registered | 12-Jan-1981 | 178488 | 12-Jan-2001 | 268302 | |||||||||||
Mexico |
HALSTON WOMENS BOTTLE DESIGN | 3 | Registered | 21-Oct-1980 | 95/2002 | 21-Oct-1980 | 262275 | |||||||||||
European Community |
HALSTON Z | 3 | Registered | 03-Feb-1998 | 738229 | 17-Sep-1999 | 738229 | |||||||||||
United States of America |
HALSTON Z | 3 | Registered | 14-Jan-1998 | 75/417855 | 28-Sep-1999 | 2282129 | |||||||||||
Denmark |
HALSTON Z-14 | 3 | Registered | 28-Sep-1982 | |
VA 04.357 1982 |
|
10-Jun-1983 | VR 01800 1983 | |||||||||
Finland |
HALSTON Z-14 | 3 | Registered | 17-Dec-1982 | 7,083/82 | 20-Sep-1984 | 90285 | |||||||||||
Norway |
HALSTON Z-14 | 3 | Registered | 07-Sep-1982 | 82/2648 | 05-Jun-1996 | 125352 | |||||||||||
Sweden |
HALSTON Z-14 | 3 | Registered | 08-Sep-1982 | 82/5276 | 29-Nov-1985 | 198777 | |||||||||||
United Kingdom |
HALSTON Z-14 | 3 | Registered | 29-Sep-1983 | 1204286 | 29-Sep-1983 | 1204286 | |||||||||||
Chile |
HIDDEN FANTASY BRITNEY SPEARS | Pending | 08-Oct-2014 | 1126398 | ||||||||||||||
United States of America |
IN CONTROL AND ZIPPER DESIGN | 3 | Registered | 06-Feb-2006 | 78/808203 | 09-Oct-2007 | 3309464 | |||||||||||
European Community |
IN CONTROL CURIOUS AND ZIPPER DESIGN | 3, 35, 44 | Registered | 03-Mar-2006 | 4938494 | 30-Mar-2007 | 4938494 | |||||||||||
China (Peoples Republic) |
LITTLE WHITE LIES | 3 | Registered | 22-May-2006 | 5367867 | 14-Aug-2009 | 5367867 | |||||||||||
Korea, Republic of |
LITTLE WHITE LIES | 3 | Registered | 02-Jun-2006 | 40-2006-29499 | 14-Feb-2007 | 698296 | |||||||||||
Taiwan |
LITTLE WHITE LIES | 3 | Registered | 26-May-2006 | 95024787 | 16-Feb-2007 | 1250142 | |||||||||||
Argentina |
LUMIFLECT | 03 Int. | Registered | 27-Mar-2015 | 3397172 | 14-Jan-2016 | 2781168 | |||||||||||
Argentina |
MAMBO | 3 | Registered | 21-Oct-2003 | 303140 | 14-Jan-2004 | 1967063 | |||||||||||
Benelux |
MAMBO | 03 Int. | Registered | 21-Apr-2015 | 1308968 | 03-Jul-2015 | 973944 | |||||||||||
Bolivia |
MAMBO | 03 Int. | Registered | 15-Oct-2014 | 055372014 | 13-May-2015 | 159066-C |
ELIZABETH ARDEN, INC.
Country | Trademark | Class | Status | FilDate | AppNumber | RegDate | RegNumber | |||||||||||
Brazil |
MAMBO | 03 Int. | Published | 09-Oct-2014 | 908420013 | |||||||||||||
Canada |
MAMBO | 3 | Registered | 11-Jul-2000 | 1066575 | 05-Dec-2002 | tma571841 | |||||||||||
Chile |
MAMBO | Published | 08-Sep-2014 | 1122262 | ||||||||||||||
China (Peoples Republic) |
MAMBO | 3 | Registered | 16-Sep-2014 | 15355424 | 07-Jan-2016 | 15355424 | |||||||||||
Colombia |
MAMBO | 03 Int. | Registered | 09-Oct-2014 | 14224573 | 15-Oct-2015 | 525228 | |||||||||||
Costa Rica |
MAMBO | 03 | Registered | 13-Oct-2014 | 2014-008824 | 22-Jul-2015 | 244947 | |||||||||||
Ecuador |
MAMBO | Published | 21-Oct-2014 | IEPI201423748 | ||||||||||||||
European Community |
MAMBO | Registered | 28-Aug-2014 | 13207981 | 08-Jan-2015 | 13207981 | ||||||||||||
Indonesia |
MAMBO | 03 Int. | Pending | 15-Sep-2014 | D002014041894 | |||||||||||||
Israel |
MAMBO | 03 | Pending | 22-Apr-2015 | 273991 | |||||||||||||
Japan |
MAMBO | 03 Int. | Registered | 21-Apr-2015 | 2015038769 | 02-Oct-2015 | 5795250 | |||||||||||
Lebanon |
MAMBO | Registered | 02-Sep-2014 | 23154 | 19-Sep-2014 | 160348 | ||||||||||||
Mexico |
MAMBO | 03 Int. | Registered | 09-Oct-2014 | 1536069 | 19-Nov-2015 | 1590913 | |||||||||||
Norway |
MAMBO | 03 Int. | Registered | 21-Apr-2015 | 201504864 | 09-Nov-2015 | 284373 | |||||||||||
Panama |
MAMBO | 03 Int. | Registered | 30-Oct-2014 | 236167 | 26-Jun-2015 | 236167-1 | |||||||||||
Paraguay |
MAMBO | 03 Int. | Pending | 10-Oct-2014 | 452812014 | |||||||||||||
Peru |
MAMBO | Registered | 16-Oct-2014 | 5931842014 | 07-Oct-2015 | 232844 | ||||||||||||
Philippines |
MAMBO | 03 Int. | Registered | 29-Aug-2014 | 42014503874 | 27-Nov-2014 | 4201400503874 | |||||||||||
Singapore |
MAMBO | 03 Int. | Registered | 23-Apr-2015 | 40201506737U | 23-Apr-2015 | 40201506737U | |||||||||||
United States of America |
MAMBO | 3, 03 Int. | Registered | 10-Jul-2000 | 76085725 | 08-Feb-2005 | 2925530 |
ELIZABETH ARDEN, INC.
Country | Trademark | Class | Status | FilDate | AppNumber | RegDate | RegNumber | |||||||||||
Uruguay |
MAMBO | 03 Int. | Published | 09-Nov-2014 | 459165 | |||||||||||||
Venezuela |
MAMBO | 03 Int. | Published | 10-Oct-2014 | 2014/015463 | |||||||||||||
United States of America |
MAMBO bottle design | 3 | Registered | 14-May-2001 | 76255658 | 13-Jul-2004 | 2863147 | |||||||||||
Philippines |
MEDITERRANEAN | 3 | Registered | 27-Jul-2012 | 42012501949 | 13-Dec-2012 | 42012501949 | |||||||||||
Philippines |
MILLENIUM | 3 | Registered | 20-Feb-1980 | 40,718 | 08-Aug-1991 | 51111 | |||||||||||
Colombia |
PINK FRIDAY | 3 | Registered | 21-Aug-2012 | 2012141490 | 30-Jan-2013 | 465827 | |||||||||||
Canada |
POOF! | Registered | 28-Apr-2003 | 1176326 | 29-Apr-2005 | 638743 | ||||||||||||
South Africa |
Pretty Hot Elizabeth Arden | 3 | Published | 04-Mar-2010 | 201004593 | |||||||||||||
Argentina |
PREVAGE | 03 | Published | 23-Sep-2015 | 3443232 | |||||||||||||
Australia |
PREVAGE | 3,5 | Registered | 20-Jan-2003 | 940586 | 20-Jan-2003 | 940586 | |||||||||||
Australia |
PREVAGE | 5 | Registered | 17-Oct-2001 | 892341 | 17-Oct-2001 | 892341 | |||||||||||
Canada |
PREVAGE | Registered | 21-Jan-2003 | 1165438 | 12-Oct-2005 | TMA650253 | ||||||||||||
China (Peoples Republic) |
PREVAGE | 5 | Registered | 11-Apr-2005 | 07-Sep-2008 | 4593799 | ||||||||||||
China (Peoples Republic) |
PREVAGE | 3 | Registered | 11-Apr-2005 | 07-Sep-2008 | 4593800 | ||||||||||||
China (Peoples Republic) |
PREVAGE | 5 | Registered | 17-Oct-2001 | 07-Dec-2002 | 1976657 | ||||||||||||
China (Peoples Republic) |
PREVAGE | 3 | Registered | 11-Apr-2005 | 4593800 | 07-Sep-2005 | 4593800 | |||||||||||
Czech Republic |
PREVAGE | Registered | 18-Oct-2001 | 172670 | 18-Oct-2001 | 247410 | ||||||||||||
Ecuador |
PREVAGE | 5 | Registered | 26-Oct-2001 | 118550 | 27-Mar-2003 | 20406 | |||||||||||
European Community |
PREVAGE | 5 | Registered | 18-Oct-2001 | 2415024 | 07-Mar-2003 | 2415024 | |||||||||||
France |
PREVAGE | 5 | Registered | 19-Oct-2001 | 3126959 | 29-Mar-2002 | 013126959 |
ELIZABETH ARDEN, INC.
Country | Trademark | Class | Status | FilDate | AppNumber | RegDate | RegNumber | |||||||||||
Germany |
PREVAGE | 5 | Registered | 18-Oct-2001 | 301607362 | 22-Jan-2002 | 30160736 | |||||||||||
Hong Kong |
PREVAGE | 3,5 | Registered | 17-Jan-2003 | 200307665 | 17-Jan-2003 | 200307665 | |||||||||||
Hong Kong |
PREVAGE | 5 | Registered | 18-Oct-2001 | 170162001 | 18-Oct-2001 | 200206357 | |||||||||||
Hong Kong |
PREVAGE | 5 | Registered | 17-Jan-2003 | 200307666 | 17-Jan-2003 | 200307666 | |||||||||||
Hungary |
PREVAGE | 5 | Registered | 19-Oct-2001 | M0105538 | 11-Jul-2002 | 171562 | |||||||||||
India |
PREVAGE | 5 | Pending | 31-Oct-2001 | 1055546 | |||||||||||||
Indonesia |
PREVAGE | 3 | Registered | 10-Aug-2012 | D002012039189 | 01-Dec-2014 | IDM000442408 | |||||||||||
Indonesia |
PREVAGE | 5 | Registered | 02-Aug-2012 | D002012039190 | 05-Dec-2014 | IDM000442381 | |||||||||||
Korea, Republic of |
PREVAGE | 5 | Registered | 18-Oct-2001 | 200145599 | 26-Feb-2003 | 40542049 | |||||||||||
Mexico |
PREVAGE | 3 | Registered | 20-Jan-2003 | 584308 | 26-Feb-2003 | 780662 | |||||||||||
Mexico |
PREVAGE | 5 | Registered | 20-Jan-2003 | 584307 | 27-Apr-2005 | 878573 | |||||||||||
Mexico |
PREVAGE | 3 | Registered | 01-Feb-2006 | 763672 | 29-Jun-2006 | 941346 | |||||||||||
New Zealand |
PREVAGE | 5 | Registered | 16-Jan-2003 | 671633 | 17-Jul-2003 | 671633 | |||||||||||
New Zealand |
PREVAGE | 3 | Registered | 16-Jan-2003 | 671632 | 17-Jul-2003 | 671632 | |||||||||||
New Zealand |
PREVAGE | 5 | Registered | 18-Oct-2001 | 647259 | 03-Mar-2003 | 647259 | |||||||||||
Norway |
PREVAGE | 3, 5 | Registered | 07-Mar-2005 | 200501922 | 05-Dec-2005 | 229918 | |||||||||||
Norway |
PREVAGE | 5 | Registered | 19-Oct-2001 | 200112591 | 29-Aug-2002 | 215576 | |||||||||||
Philippines |
PREVAGE | 3 | Published | 03-Aug-2012 | 42012502001 | |||||||||||||
Poland |
PREVAGE | 5 | Registered | 19-Oct-2001 | 29-Mar-2005 | 161981 | ||||||||||||
Russian Federation |
PREVAGE | 5 | Registered | 17-Oct-2001 | 2001731400 | 20-Mar-2003 | 240826 |
ELIZABETH ARDEN, INC.
Country | Trademark | Class | Status | FilDate | AppNumber | RegDate | RegNumber | |||||||||||
Singapore |
PREVAGE | 3 | Registered | T0300389G | 16-Jan-2003 | T0300389G | ||||||||||||
Singapore |
PREVAGE | 5 | Registered | T0300390J | 16-Jan-2003 | T0300390J | ||||||||||||
Singapore |
PREVAGE | 5 | Registered | 17-Oct-2001 | T0116240H | 23-Jun-2005 | T0116240H | |||||||||||
South Africa |
PREVAGE | 03 Int. | Registered | 19-Feb-2008 | 200504284 | 17-Feb-2010 | 200504284 | |||||||||||
South Africa |
PREVAGE | 05 Int. | Registered | 07-Mar-2005 | 200504285 | 17-Feb-2010 | 200504285 | |||||||||||
Switzerland |
PREVAGE | 3,5 | Registered | 04-Mar-2005 | 517732005 | 03-Nov-2005 | 539471 | |||||||||||
Taiwan |
PREVAGE | 5 | Registered | 23-Oct-2001 | 090043573 | 01-Nov-2002 | 1020197 | |||||||||||
Taiwan |
PREVAGE | 3,5 | Registered | 10-Mar-2005 | 094010591 | 16-Feb-2006 | 01197328 | |||||||||||
Ukraine |
PREVAGE | 5 | Registered | 17-Oct-2001 | 2001106453 | 17-Oct-2001 | 40328 | |||||||||||
United States of America |
PREVAGE | 3 | Registered | 15-Jan-2003 | 78/203654 | 23-Oct-2007 | 3319345 | |||||||||||
United States of America |
PREVAGE | 3 | Registered | 15-Jan-2003 | 78/976266 | 01-Nov-2005 | 3012294 | |||||||||||
Venezuela |
PREVAGE | 5 | Registered | 22-Oct-2001 | 2001019018 | 22-Aug-2003 | P245958 | |||||||||||
China (Peoples Republic) |
PREVAGE IN CHINESE CHARACTERS | 5 | Registered | 29-Nov-2001 | 3027092 | 28-Dec-2002 | 3027092 | |||||||||||
China (Peoples Republic) |
PREVAGE IN CHINESE CHARACTERS | 3 | Registered | 12-Apr-2005 | 4598069 | 21-Aug-2008 | 4598069 | |||||||||||
China (Peoples Republic) |
PREVAGE IN CHINESE CHARACTERS | 3 | Registered | 05-May-2005 | 4598070 | 21-Aug-2008 | 4598070 | |||||||||||
Hong Kong |
PREVAGE IN CHINESE CHARACTERS | 3 | Registered | 20-Jan-2003 | 20-Jan-2003 | 15143 | ||||||||||||
Taiwan |
PREVAGE IN CHINESE CHARACTERS | 5 | Pending | 21-Nov-2001 | 090047517 | 01010719 | ||||||||||||
Taiwan |
PREVAGE IN CHINESE CHARACTERS | 3, 5 | Registered | 11-Mar-2005 | 094010839 | 16-Feb-2006 | 01197331 | |||||||||||
Korea, Republic of |
PREVAGE IN KOREAN CHARACTERS | 3, 5 | Registered | 18-Oct-2001 | 40200258434 | 14-Apr-2004 | 0580269 | |||||||||||
United States of America |
PRIVATE SHOW | 3 | Pending | 08-Mar-2016 | 86932904 |
ELIZABETH ARDEN, INC.
Country | Trademark | Class | Status | FilDate | AppNumber | RegDate | RegNumber | |||||||||||
Australia |
PROOF NOT PROMISES | 3 | Registered | 02-Sep-2005 | 1073499 | 08-May-2006 | 1073499 | |||||||||||
Canada |
PROOF NOT PROMISES | 3 | Registered | 02-Sep-2005 | 1270966 | 25-Aug-2006 | 671226 | |||||||||||
Japan |
PROOF NOT PROMISES | 3 | Registered | 07-Sep-2005 | 2005083745 | 28-Apr-2006 | 4949137 | |||||||||||
Korea, Republic of |
PROOF NOT PROMISES | 3 | Registered | 26-Aug-2011 | 40-2011-46754 | 12-Feb-2013 | 40-953073 | |||||||||||
Mexico |
PROOF NOT PROMISES | 3 | Registered | 05-Sep-2005 | 737751 | 30-Sep-2005 | 903171 | |||||||||||
New Zealand |
PROOF NOT PROMISES | 3 | Registered | 02-Sep-2005 | 735092 | 11-May-2006 | 735092 | |||||||||||
Norway |
PROOF NOT PROMISES | 3 | Registered | 06-Sep-2005 | 200508899 | 11-May-2006 | 232563 | |||||||||||
Singapore |
PROOF NOT PROMISES | 3 | Registered | 05-Sep-2005 | T05/16286J | 05-Sep-2005 | T05/16286J | |||||||||||
South Africa |
PROOF NOT PROMISES | 3 | Registered | 02-Sep-2005 | 200518379 | 23-Feb-2010 | 200518379 | |||||||||||
United States of America |
PROOF NOT PROMISES | 3 | Registered | 31-Aug-2005 | 78704177 | 14-Aug-2007 | 3280690 | |||||||||||
El Salvador |
PROVOCATIVE | 3 | Registered | 23-Feb-1998 | 30/70 | |||||||||||||
Antigua and Barbuda |
PS | 3 | Registered | 08-Aug-1990 | 13-Sep-1990 | 3180 | ||||||||||||
Bahamas |
PS | 3 | Registered | 10-Aug-1990 | 10-Aug-1990 | 14170 | ||||||||||||
Barbados |
PS | Registered | 21-Aug-1990 | 07-Feb-1997 | 81/5719 | |||||||||||||
Costa Rica |
PS | 3 | Registered | 03-Aug-1990 | 25-Jan-1991 | 74237 | ||||||||||||
Curacao |
PS | 3 | Pending | 20-Oct-2004 | D-400591 | 10963 | ||||||||||||
Ecuador |
PS | 3 | Registered | 28-Jul-1992 | 2644/02 | |||||||||||||
European Community |
PS | 3 | Registered | 04-Mar-2004 | 3680923 | 15-Jun-2005 | 3680923 | |||||||||||
Guatemala |
PS | 3 | Registered | 05-Oct-1990 | 4357-90 | 01-Aug-1991 | 65369 | |||||||||||
Honduras |
PS | Registered | 07-Jul-1993 | 58009 |
ELIZABETH ARDEN, INC.
Country | Trademark | Class | Status | FilDate | AppNumber | RegDate | RegNumber | |||||||||||
Kuwait |
PS | 3 | Registered | 10-Jul-1990 | 24,603 | 10-Jul-1990 | 22822 | |||||||||||
Mexico |
PS | 3 | Registered | 30-Jul-1990 | 92,529 | 30-Jul-1995 | 388462 | |||||||||||
Netherlands Antilles |
PS | 3 | Registered | 20-Oct-2004 | D400591 | 20-Oct-2004 | 10963 | |||||||||||
Nicaragua |
PS | 3 | Registered | 15-Oct-1990 | 20,327 | 24-Sep-1991 | 20,327 | |||||||||||
Panama |
PS | 3 | Registered | 16-Aug-1990 | 18-Sep-1991 | 054235 | ||||||||||||
Saudi Arabia |
PS | 3 | Registered | 21-Jan-1990 | 10684 | 22-Jul-1990 | 221/80 | |||||||||||
St. Lucia |
PS | 3 | Registered | 19-Dec-1990 | 1990129 | |||||||||||||
St. Maarten |
PS | 3 | Registered | 17-Oct-2014 | D400591 | 20-Oct-2004 | 09499 | |||||||||||
United States of America |
PS | 3 | Registered | 26-May-1989 | 73/802,673 | 27-Feb-1990 | 1,584,255 | |||||||||||
Bahrain |
PS (SPECIAL FORM) | 3 | Registered | 26-May-1989 | 802,673 | 15-Jul-1990 | 13128 | |||||||||||
St. Lucia |
PS DESIGN | Registered | 19-Dec-1990 | 19-Dec-1990 | 1990131 | |||||||||||||
Antigua and Barbuda |
PS DESIGNS (LOGO) | 3 | Registered | 13-Sep-1990 | 13-Sep-1990 | 3173 | ||||||||||||
Barbados |
PS DESIGNS (LOGO) | Registered | 21-Aug-1990 | 27-Jun-1997 | 81/6034 | |||||||||||||
Bermuda |
PS DESIGNS (LOGO) | 03 | Registered | 20-Sep-1990 | 21,074 | 20-Sep-1990 | 21,074 | |||||||||||
Canada |
PS DESIGNS (LOGO) | 3 | Registered | 09-Dec-1987 | 596,983 | 24-Aug-1990 | 372244 | |||||||||||
Honduras |
PS DESIGNS (LOGO) | 3 | Registered | 47613 | 05-Jan-1993 | 56737 | ||||||||||||
Hong Kong |
PS DESIGNS (LOGO) | 3 | Registered | 20-Apr-1993 | 037321993 | 20-Apr-1993 | 1998B06421 | |||||||||||
St. Lucia |
PS DESIGNS (LOGO) | 3 | Registered | 19-Dec-1990 | 138/90 | |||||||||||||
Taiwan |
PS DESIGNS (LOGO) | 3 | Registered | 82,019,778 | 16-May-1994 | 643035 | ||||||||||||
Trinidad and Tobago |
PS DESIGNS (LOGO) | 48 | Registered | 13-Aug-1990 | 19168 |
ELIZABETH ARDEN, INC.
Country | Trademark | Class | Status | FilDate | AppNumber | RegDate | RegNumber | |||||||||||
Bermuda |
PS LOGO | 03 | Registered | 20-Sep-1990 | 21,073 | 16-Jul-1993 | 21,073 | |||||||||||
European Community |
PS LOGO | 3 | Registered | 01-Apr-1996 | 128256 | 07-Jul-1998 | 128256 | |||||||||||
Uruguay |
PS LOGO | 3 | Registered | 05-Nov-1992 | 258,361 | 16-May-1995 | 258361 | |||||||||||
Canada |
PS LOGO I | 3 | Registered | 09-Dec-1987 | 596,984 | 23-Dec-1988 | 349592 | |||||||||||
Guatemala |
PS LOGO I | 3 | Registered | 10-Oct-1991 | 65143 | |||||||||||||
United States of America |
PS LOGO I | 3 | Registered | 13-Aug-1986 | 73/614,556 | 04-Aug-1987 | 1450275 | |||||||||||
Antigua and Barbuda |
PS LOGO II | 3 | Registered | 13-Sep-1990 | 3179 | 13-Sep-1990 | 3179 | |||||||||||
Bahamas |
PS LOGO II | 3 | Registered | 10-Aug-1990 | 14166 | |||||||||||||
Costa Rica |
PS LOGO II | 3 | Registered | 03-Aug-1990 | 31-Jan-1991 | 74265 | ||||||||||||
Ecuador |
PS LOGO II | 3 | Registered | 28-Jul-1992 | 2642/02 | |||||||||||||
Kuwait |
PS LOGO II | 3 | Registered | 18-Feb-1990 | 24,044 | 18-Feb-1990 | 22347 | |||||||||||
Mexico |
PS LOGO II | 3 | Registered | 30-Jul-1990 | 92,533 | 28-Dec-1990 | 388897 | |||||||||||
Saudi Arabia |
PS LOGO II | 3 | Registered | 21-Jan-1990 | 10,686 | 22-Jul-1990 | 221/82 | |||||||||||
St. Lucia |
PS LOGO II | 3 | Registered | 29-Aug-1990 | 130/1990 | 19-Dec-1990 | 19900001030 | |||||||||||
Trinidad and Tobago |
PS LOGO II | Registered | 24-Jul-1990 | 19138 | ||||||||||||||
El Salvador |
PS LOGO III | 3 | Registered | 17-Sep-1990 | 1,203,906 | 14-Oct-1993 | 75 Book 20 | |||||||||||
Honduras |
PS LOGO III | 3 | Registered | 30-Jan-1991 | 53390 | |||||||||||||
Barbados |
PS LOGO IV | 3 | Registered | 07-Feb-1990 | 81/5720 | 07-Feb-1997 | 81/5720 | |||||||||||
Argentina |
REALITIES | Registered | 14-Aug-1991 | 2487094 | 17-May-2004 | 2688366 | ||||||||||||
Australia |
REALITIES | 03 Int. | Registered | 03-Dec-1993 | 617733 | 17-May-1995 | 617733 |
ELIZABETH ARDEN, INC.
Country | Trademark | Class | Status | FilDate | AppNumber | RegDate | RegNumber | |||||||||||
Bahrain |
REALITIES | 3 | Renewed | 30-Sep-1992 | 15541 | 30-Sep-1992 | 15541 | |||||||||||
Benelux |
REALITIES | 03 | Registered | 03-Dec-1993 | 00807428 | 01-Aug-1994 | 0541096 | |||||||||||
Brazil |
REALITIES | 3 | Registered | 13-Apr-1992 | 816663653 | 05-Oct-1993 | 816663653 | |||||||||||
Bulgaria |
REALITIES | 03 | Registered | 20-Jan-1994 | 94026048 | 27-Jul-1994 | 00024231 | |||||||||||
Canada |
REALITIES | Registered | 28-Mar-1990 | 0654406 | 11-Dec-1992 | TMA406019 | ||||||||||||
Colombia |
REALITIES | Registered | 200095 | 29-May-1997 | 92362528 | |||||||||||||
Colombia |
REALITIES | Registered | 14-Sep-1995 | 92968 | 14-Sep-1995 | 92362528 | ||||||||||||
Costa Rica |
REALITIES | 03 | Registered | 23-Nov-1994 | 7657-94 | 14-Sep-1995 | 92968 | |||||||||||
Dominican Republic |
REALITIES | 3 | Registered | 15-Feb-1994 | 70562 | 15-Feb-1994 | 70562 | |||||||||||
European Community |
REALITIES | 03, 09, 14, 18 | Registered | 31-Oct-2003 | 3512001 | 12-Sep-2007 | 3512001 | |||||||||||
Germany |
REALITIES | 03 | Registered | 19-Feb-1990 | C40143 | 21-Jun-1991 | 1178148 | |||||||||||
Greece |
REALITIES | 03 Int. | Registered | 10-Jan-1994 | 18830/2003 | 10-Jan-1994 | 117,380 | |||||||||||
Guatemala |
REALITIES | 03 Int. | Registered | 31-Aug-1994 | 71083/430/153 | 31-Aug-1994 | 71083/430/153 | |||||||||||
Hungary |
REALITIES | 03 Int. | Registered | 09-Nov-1995 | M9502267 | 22-Oct-1997 | 147314 | |||||||||||
India |
REALITIES | 03 Int. | Registered | 14-Feb-1995 | 655409 | 14-Feb-2005 | 655409 | |||||||||||
Ireland |
REALITIES | 03 | Registered | 29-Nov-1993 | 1993/05860 | 29-Nov-1993 | 160504 | |||||||||||
Kuwait |
REALITIES | Registered | 27-Jan-1993 | 27-Jan-1993 | 24439 | |||||||||||||
Kuwait |
REALITIES | Registered | 27-Jan-1993 | 24344 | ||||||||||||||
Malaysia |
REALITIES | Registered | 05-Sep-1991 | 91/05390 | 05-Sep-1991 | 91005390 | ||||||||||||
Mexico |
REALITIES | 03 | Registered | 01-Oct-1990 | 97709 | 15-Apr-1994 | 457300 |
ELIZABETH ARDEN, INC.
Country | Trademark | Class | Status | FilDate | AppNumber | RegDate | RegNumber | |||||||||||
New Zealand |
REALITIES | 03 | Registered | 02-Dec-1993 | 232511 | 28-May-1996 | 232511 | |||||||||||
Qatar |
REALITIES | 3 | Registered | 29-Oct-1991 | 9213 | 23-May-1999 | 9213 | |||||||||||
Spain |
REALITIES | 03 | Registered | 14-Feb-1997 | 2074425 | 05-Aug-1997 | 2074425 | |||||||||||
Switzerland |
REALITIES | 03 | Registered | 15-Aug-1995 | 06983/1995 | 02-May-1997 | P-440507 | |||||||||||
Taiwan |
REALITIES | Registered | 02-Sep-1992 | 81027143 | 01-Mar-1993 | 587868 | ||||||||||||
United Kingdom |
REALITIES | 03 Int. | Registered | 07-Mar-1990 | 1416811 | 09-Aug-1991 | 1416811 | |||||||||||
United Kingdom |
REALITIES | 03 | Registered | 11-Mar-1990 | M416811 | 09-Aug-1991 | U416811 | |||||||||||
United States of America |
REALITIES | Registered | 26-Feb-1990 | 74033123 | 05-Nov-1991 | 1663741 | ||||||||||||
Uruguay |
REALITIES | Registered | 30-May-2003 | 30-May-2003 | 347848 | |||||||||||||
Anguilla |
REALITIES bottle design | Registered | 12-Aug-1991 | 1473074 | ||||||||||||||
United States of America |
REALITIES bottle design | Registered | 19-Apr-1990 | 74051323 | 08-Oct-1991 | 1660255 | ||||||||||||
Mexico |
REALIZE | 3 | Renewed | 07-Jan-2002 | 526387 | 26-Mar-2002 | 740388 | |||||||||||
Spain |
RESULTADOS NO PROMESAS | 3 | Published | 31-Aug-2011 | 2996146 | |||||||||||||
Argentina |
ROCKER FEMME FANTASY | 03 Int. | Registered | 15-Apr-2014 | 3321317 | 24-Apr-2015 | 2720771 | |||||||||||
Aruba |
ROCKER FEMME FANTASY | 03 Int. | Registered | 24-Apr-2014 | IM14042413 | 25-Jun-2014 | 31901 | |||||||||||
Australia |
ROCKER FEMME FANTASY | 03 Int. | Registered | 09-Feb-2015 | 1673422 | 02-Oct-2015 | 1673422 | |||||||||||
Benelux |
ROCKER FEMME FANTASY | Registered | 09-Feb-2015 | 1304266 | 28-Apr-2015 | 970353 | ||||||||||||
Bolivia |
ROCKER FEMME FANTASY | 03 Int. | Registered | 17-Apr-2014 | 22792014 | 18-Dec-2014 | 156204 | |||||||||||
Brazil |
ROCKER FEMME FANTASY | 03 Int. | Published | 16-Apr-2014 | 907582893 | |||||||||||||
Canada |
ROCKER FEMME FANTASY | Registered | 17-Feb-2015 | 1715540 | 07-Apr-2016 | 934118 |
ELIZABETH ARDEN, INC.
Country | Trademark | Class | Status | FilDate | AppNumber | RegDate | RegNumber | |||||||||||
Chile |
ROCKER FEMME FANTASY | 03 Int. | Registered | 16-Apr-2014 | 1103241 | 21-Oct-2014 | 1135993 | |||||||||||
China (Peoples Republic) |
ROCKER FEMME FANTASY | 03 | Published | 25-Feb-2015 | 16411924 | |||||||||||||
Colombia |
ROCKER FEMME FANTASY | 03 Int. | Registered | 15-Oct-2014 | 2014228686 | 17-Sep-2015 | 523960 | |||||||||||
Costa Rica |
ROCKER FEMME FANTASY | 03 Int. | Registered | 22-Apr-2014 | 2014-000342 | 06-Nov-2014 | 239566 | |||||||||||
Curacao |
ROCKER FEMME FANTASY | 03 Int. | Registered | 17-Apr-2014 | 140183 | 06-Aug-2014 | 16970 | |||||||||||
Dominican Republic |
ROCKER FEMME FANTASY | 03 Int. | Registered | 25-Apr-2014 | 2014-12030 | 17-Jul-2014 | 213038 | |||||||||||
Ecuador |
ROCKER FEMME FANTASY | Registered | 29-Apr-2014 | 201459234RE | 27-Nov-2024 | 2235 | ||||||||||||
Egypt |
ROCKER FEMME FANTASY | 03 Int. | Pending | 22-Feb-2015 | 314187 | |||||||||||||
El Salvador |
ROCKER FEMME FANTASY | Registered | 24-Apr-2014 | 20140200342 | 28-Nov-2014 | 230 Book 243 | ||||||||||||
European Community |
ROCKER FEMME FANTASY | 03 Int. | Registered | 06-Feb-2015 | 13718127 | 21-May-2015 | 13718127 | |||||||||||
Guatemala |
ROCKER FEMME FANTASY | 03 Int. | Registered | 25-Apr-2014 | 2014003907 | 19-Oct-2015 | 209982 | |||||||||||
Honduras |
ROCKER FEMME FANTASY | 03 Int. | Registered | 21-Apr-2014 | 135812014 | 20-Nov-2014 | 130902 | |||||||||||
Hong Kong |
ROCKER FEMME FANTASY | 03 Int. | Registered | 09-Feb-2015 | 303297213 | 09-Feb-2015 | 303297213 | |||||||||||
Israel |
ROCKER FEMME FANTASY | Pending | 08-Feb-2015 | 272075 | ||||||||||||||
Japan |
ROCKER FEMME FANTASY | 03 | Registered | 09-Feb-2015 | 2015011489 | 19-Jun-2015 | 5772180 | |||||||||||
Korea, Republic of |
ROCKER FEMME FANTASY | 03 | Registered | 09-Feb-2015 | 40201510027 | 22-Sep-2015 | 40-1131699 | |||||||||||
Lebanon |
ROCKER FEMME FANTASY | 03 Int. | Registered | 12-Feb-2015 | 29853 | 18-Feb-2015 | 164445 | |||||||||||
Mexico |
ROCKER FEMME FANTASY | 03 Int. | Registered | 24-Apr-2014 | 1479705 | 19-Jan-2016 | 1604785 | |||||||||||
Morocco |
ROCKER FEMME FANTASY | 03 Int. | Pending | 19-Feb-2015 | 165399 | |||||||||||||
New Zealand |
ROCKER FEMME FANTASY | 03 Int. | Registered | 09-Feb-2015 | 1013695 | 11-Aug-2015 | 1013695 |
ELIZABETH ARDEN, INC.
Country | Trademark | Class | Status | FilDate | AppNumber | RegDate | RegNumber | |||||||||||
Norway |
ROCKER FEMME FANTASY | 03 | Registered | 09-Feb-2015 | 201501618 | 15-May-2015 | 281842 | |||||||||||
Panama |
ROCKER FEMME FANTASY | 03 Int. | Published | 24-Feb-2015 | 238562 | |||||||||||||
Paraguay |
ROCKER FEMME FANTASY | 03 Int. | Pending | 23-Feb-2015 | 4892/2015 | |||||||||||||
Philippines |
ROCKER FEMME FANTASY | 03 Int. | Published | 09-Feb-2015 | 42015500669 | |||||||||||||
Russian Federation |
ROCKER FEMME FANTASY | 03 Int. | Registered | 10-Feb-2015 | 2015703307 | 28-Mar-2016 | 569428 | |||||||||||
Saudi Arabia |
ROCKER FEMME FANTASY | 03 Int. | Pending | 02-Mar-2015 | 1436010141 | |||||||||||||
Singapore |
ROCKER FEMME FANTASY | 03 Int. | Registered | 12-Feb-2015 | 40201502480T | 25-Aug-2015 | 40201502480T | |||||||||||
South Africa |
ROCKER FEMME FANTASY | Pending | 09-Feb-2015 | 201503231 | ||||||||||||||
Switzerland |
ROCKER FEMME FANTASY | Pending | 09-Feb-2015 | 515092015 | ||||||||||||||
Taiwan |
ROCKER FEMME FANTASY | 03 Int. | Registered | 10-Feb-2015 | 104008186 | 01-Dec-2015 | 1740362 | |||||||||||
Thailand |
ROCKER FEMME FANTASY | 03 Int. | Pending | 13-Feb-2015 | 973948 | |||||||||||||
Turkey |
ROCKER FEMME FANTASY | 03 Int. | Registered | 11-Feb-2015 | 201511174 | 11-Feb-2015 | 201511174 | |||||||||||
United Arab Emirates |
ROCKER FEMME FANTASY | 03 Int. | Published | 11-Feb-2015 | 226895 | |||||||||||||
United States of America |
ROCKER FEMME FANTASY | 03 Int. | Registered | 07-Apr-2014 | 86/244802 | 02-Jun-2015 | 4749326 | |||||||||||
Venezuela |
ROCKER FEMME FANTASY | 03 Int. | Pending | 23-Feb-2015 | 2015002216 | |||||||||||||
Vietnam |
ROCKER FEMME FANTASY | 03 Int. | Published | 25-Feb-2015 | 4201504326 | |||||||||||||
European Community |
SHEER HALSTON | 3 | Registered | 03-Feb-1998 | 738146 | 20-May-1999 | 738146 | |||||||||||
United States of America |
SHEER HALSTON | 3 | Registered | 14-Jan-1998 | 75/417,854 | 12-Oct-1999 | 2,286,526 | |||||||||||
Australia |
SKIN OPTIMIZING PLATFORM | 21 Int. | Registered | 11-Jul-2014 | 1633821 | 02-Apr-2015 | 1633821 | |||||||||||
Benelux |
SKIN OPTIMIZING PLATFORM | 21 Int. | Registered | 10-Jul-2014 | 1292572 | 17-Oct-2014 | 960977 |
ELIZABETH ARDEN, INC.
Country | Trademark | Class | Status | FilDate | AppNumber | RegDate | RegNumber | |||||||||||
Canada |
SKIN OPTIMIZING PLATFORM | 21 Int. | Published | 11-Jul-2014 | 1684841 | |||||||||||||
Egypt |
SKIN OPTIMIZING PLATFORM | 21 Int. | Pending | 24-Sep-2014 | 307515 | |||||||||||||
European Community |
SKIN OPTIMIZING PLATFORM | 21 Int. | Registered | 10-Jul-2014 | 013073556 | 04-Dec-2014 | 13073556 | |||||||||||
Hong Kong |
SKIN OPTIMIZING PLATFORM | 21 Int. | Registered | 11-Jul-2014 | 303064112 | 24-Jun-2015 | 303064112 | |||||||||||
India |
SKIN OPTIMIZING PLATFORM | 21 Int. | Pending | 25-Jul-2014 | 2780636 | |||||||||||||
Indonesia |
SKIN OPTIMIZING PLATFORM | 21 Int. | Pending | 08-Aug-2014 | |
D00 2014 035566 |
|
|||||||||||
Japan |
SKIN OPTIMIZING PLATFORM | 21 Int. | Registered | 10-Jul-2014 | 2014057831 | 13-Feb-2015 | 5741508 | |||||||||||
Korea, Republic of |
SKIN OPTIMIZING PLATFORM | 21 Int. | Registered | 11-Jul-2014 | 40201446872 | 01-Jul-2015 | 40-1115024 | |||||||||||
Lebanon |
SKIN OPTIMIZING PLATFORM | 21 Int. | Registered | 14-Jul-2014 | 21685 | 12-Aug-2014 | 159714 | |||||||||||
Morocco |
SKIN OPTIMIZING PLATFORM | |
03 Int., 21 Int. |
|
Registered | 04-Sep-2014 | 161823 | 04-Sep-2014 | 161823 | |||||||||
Norway |
SKIN OPTIMIZING PLATFORM | 21 Int. | Registered | 16-Jul-2014 | 201408358 | 12-Jan-2015 | 279760 | |||||||||||
Philippines |
SKIN OPTIMIZING PLATFORM | 21 Int. | Published | 25-Jul-2014 | 42014503251 | |||||||||||||
Russian Federation |
SKIN OPTIMIZING PLATFORM | 21 Int. | Registered | 25-Jul-2014 | 2014724935 | 12-Oct-2015 | 554278 | |||||||||||
Saudi Arabia |
SKIN OPTIMIZING PLATFORM | 21 Int. | Published | 06-Nov-2014 | 1436001007 | |||||||||||||
Singapore |
SKIN OPTIMIZING PLATFORM | 11 Int. | Registered | 17-Jul-2014 | T1411303F | 17-Jul-2014 | T1411303F | |||||||||||
South Africa |
SKIN OPTIMIZING PLATFORM | 21 Int. | Pending | 14-Jul-2014 | 201418129 | |||||||||||||
Switzerland |
SKIN OPTIMIZING PLATFORM | 21 Int. | Pending | 10-Jul-2014 | 580512014 | |||||||||||||
Taiwan |
SKIN OPTIMIZING PLATFORM | 10 Int. | Registered | 11-Jul-2014 | 103039923 | 01-Jul-2015 | 1714606 | |||||||||||
United Arab Emirates |
SKIN OPTIMIZING PLATFORM | 21 Int. | Pending | 29-Sep-2014 | 218776 | |||||||||||||
Vietnam |
SKIN OPTIMIZING PLATFORM | 21 Int. | Published | 15-Jul-2014 | 4201416143 |
ELIZABETH ARDEN, INC.
Country | Trademark | Class | Status | FilDate | AppNumber | RegDate | RegNumber | |||||||||||
Canada |
SKINSIMPLE | Registered | 07-Mar-2003 | 1170502 | 05-Oct-2005 | 649828 | ||||||||||||
African Intellectual Property Organization (OAPI) |
SOMEDAY | 3 | Registered | 04-Feb-2011 | 3201100246 | 29-Jul-2011 | 66934 | |||||||||||
Algeria |
SOMEDAY | 3 | Registered | 10-Feb-2013 | DZT2013000492 | 07-Jul-2014 | 86246 | |||||||||||
Argentina |
SOMEDAY | 3 | Published | 13-Feb-2013 | 3226199 | |||||||||||||
Australia |
SOMEDAY | 3 | Registered | 16-Nov-2010 | 08-Jul-2011 | 1394581 | ||||||||||||
Bahrain |
SOMEDAY | 3 | Registered | 14-Feb-2013 | 96293 | 20-Sep-2015 | 96293 | |||||||||||
Belize |
SOMEDAY | 3 | Registered | 02-Feb-2012 | 8482.12 | |||||||||||||
Bolivia |
SOMEDAY | 3 | Registered | 09-Jan-2012 | 1072012 | 01-Oct-2012 | 139782C | |||||||||||
Brazil |
SOMEDAY | 3 | Registered | 24-Nov-2010 | 830789146 | 16-Feb-2016 | 830789146 | |||||||||||
Brazil |
SOMEDAY | 3 | Registered | 12-Sep-2012 | 840263090 | 31-May-2016 | 840263090 | |||||||||||
Canada |
SOMEDAY | 3 | Registered | 11-May-2012 | 1577319 | 24-May-2013 | TMA851553 | |||||||||||
China (Peoples Republic) |
SOMEDAY | 3 | Registered | 03-Dec-2010 | 8882060 | |||||||||||||
Colombia |
SOMEDAY | 3 | Registered | 10-Jan-2012 | 2012002898 | 21-Jun-2012 | 453588 | |||||||||||
Dominican Republic |
SOMEDAY | 3 | Registered | 11-Feb-2013 | 20134175 | 30-Apr-2013 | 202999 | |||||||||||
Egypt |
SOMEDAY | 3 | Pending | 11-Feb-2013 | 285224 | |||||||||||||
El Salvador |
SOMEDAY | 3 | Registered | 06-Jan-2012 | 2012115143 | 09-Oct-2012 | 26179 | |||||||||||
European Community |
SOMEDAY | 3, 5, 41 | Registered | 03-Dec-2010 | 9574062 | 13-May-2011 | 9574062 | |||||||||||
France |
SOMEDAY | 3 | Registered | 22-Dec-2009 | 3700576 | 28-May-2010 | 93700576 | |||||||||||
Georgia |
SOMEDAY | Registered | 20-Jan-2012 | 20-Jan-2012 | 1105898 | |||||||||||||
Guatemala |
SOMEDAY | 3 | Pending | 18-Jan-2012 | 2012-00415 |
ELIZABETH ARDEN, INC.
Country | Trademark | Class | Status | FilDate | AppNumber | RegDate | RegNumber | |||||||||||
Honduras |
SOMEDAY | 3 | Registered | 08-Feb-2013 | 58352013 | 11-Sep-2013 | 125821 | |||||||||||
Hong Kong |
SOMEDAY | 3 | Registered | 16-Nov-2010 | 16-Nov-2010 | 301764856 | ||||||||||||
Indonesia |
SOMEDAY | 3 | Pending | 04-Mar-2013 | D002013009783 | |||||||||||||
Intl RegistrationMadrid Agreement / Protocol |
SOMEDAY | 3 | Registered | 20-Jan-2012 | 20-Jan-2012 | 1105898 | ||||||||||||
Iraq |
SOMEDAY | 3 | Pending | 17-Mar-2013 | 64172 | |||||||||||||
Israel |
SOMEDAY | 3 | Registered | 11-Sep-2012 | 249299 | 29-May-2014 | 249299 | |||||||||||
Japan |
SOMEDAY | 3 | Registered | 16-Nov-2010 | 2010089042 | 09-Dec-2011 | 5456839 | |||||||||||
Jordan |
SOMEDAY | 3 | Registered | 02-Apr-2013 | 128147 | 02-Apr-2013 | 128147 | |||||||||||
Kazakhstan |
SOMEDAY | Registered | 20-Jan-2012 | 20-Jan-2012 | 1105898 | |||||||||||||
Kuwait |
SOMEDAY | 3 | Registered | 13-Sep-2012 | 133370 | 25-Apr-2013 | 109341 | |||||||||||
Kyrgyz Republic |
SOMEDAY | 3 | Registered | 20-Jan-2012 | 20-Jan-2012 | 1105898 | ||||||||||||
Lebanon |
SOMEDAY | 3 | Registered | 07-Jan-2013 | 147353 | 07-Jan-2013 | 147353 | |||||||||||
Malaysia |
SOMEDAY | 3 | Registered | 18-Sep-2012 | 2012015805 | 18-Sep-2012 | 2012015805 | |||||||||||
Morocco |
SOMEDAY | 3 | Pending | 27-Feb-2013 | 150164 | |||||||||||||
New Zealand |
SOMEDAY | 3 | Registered | 16-Nov-2010 | 833310 | 16-May-2011 | 833310 | |||||||||||
Nicaragua |
SOMEDAY | 3 | Registered | 08-Feb-2013 | 2013000496 | 08-Jul-2015 | 2015110110LM | |||||||||||
Norway |
SOMEDAY | 3 | Registered | 08-Aug-2012 | 201207933 | 29-Oct-2012 | 267913 | |||||||||||
Oman |
SOMEDAY | 3 | Registered | 10-Feb-2013 | 78949 | 04-Mar-2014 | 78949 | |||||||||||
Panama |
SOMEDAY | 3 | Registered | 03-Feb-2012 | 208776 | 03-Feb-2012 | 20877601 | |||||||||||
Paraguay |
SOMEDAY | 3 | Registered | 12-Jan-2012 | 02170 | 17-Oct-2012 | 370336 |
ELIZABETH ARDEN, INC.
Country | Trademark | Class | Status | FilDate | AppNumber | RegDate | RegNumber | |||||||||||
Peru |
SOMEDAY | Pending | 10-Jan-2012 | 00186742 | ||||||||||||||
Qatar |
SOMEDAY | 3 | Registered | 10-Feb-2013 | 79507 | 08-Jun-2015 | 79507 | |||||||||||
Russian Federation |
SOMEDAY | 3 | Registered | 20-Jan-2012 | 20-Jan-2012 | 1105898 | ||||||||||||
Singapore |
SOMEDAY | 3 | Registered | 08-Feb-2013 | T1302340H | 08-Feb-2013 | T1302340H | |||||||||||
South Africa |
SOMEDAY | 3 | Registered | 08-Feb-2013 | 201303296 | 29-Aug-2014 | 201303296 | |||||||||||
Suriname |
SOMEDAY | 3 | Pending | 31-Jan-2012 | 23653 | |||||||||||||
Taiwan |
SOMEDAY | 3 | Registered | 08-Feb-2013 | 102008214 | 01-Oct-2013 | 1600952 | |||||||||||
Thailand |
SOMEDAY | 3 | Published | 04-Oct-2012 | 865304 | |||||||||||||
Tunisia |
SOMEDAY | 3 | Pending | 11-Feb-2013 | TNE201300263 | |||||||||||||
Turkey |
SOMEDAY | 3 | Registered | 08-Feb-2013 | 201311887 | 06-Mar-2015 | 201311887 | |||||||||||
United Arab Emirates |
SOMEDAY | 3 | Published | 13-Sep-2012 | 179316 | |||||||||||||
United Kingdom |
SOMEDAY | 3 | Registered | 22-Nov-2010 | 2565006 | |||||||||||||
United States of America |
SOMEDAY | 3 | Registered | 12-Nov-2010 | 85175703 | 27-Dec-2011 | 4077988 | |||||||||||
Uruguay |
SOMEDAY | 3 | Pending | 12-Jan-2012 | 431212 | |||||||||||||
Venezuela |
SOMEDAY | 3 | Pending | 03-Feb-2012 | 19362012 | |||||||||||||
Vietnam |
SOMEDAY | 3 | Registered | 04-Mar-2013 | 4201303875 | 11-Jul-2014 | 227829 | |||||||||||
Aruba |
SOUL BY CURVE | Registered | 08-Aug-2005 | 508082 | 15-Mar-2006 | 25511 | ||||||||||||
Oman |
SOUL BY CURVE | 3 | Registered | 08-Aug-2005 | 37235 | 30-Jul-2009 | 37235 | |||||||||||
Colombia |
SOUL BY CURVE STYLIZED | Registered | 11-Aug-2005 | 5079847 | 27-Feb-2007 | 329804 | ||||||||||||
Mexico |
SOUL BY CURVE STYLIZED | 3 | Registered | 05-Aug-2005 | 732415 | 28-Nov-2006 | 963974 |
ELIZABETH ARDEN, INC.
Country | Trademark | Class | Status | FilDate | AppNumber | RegDate | RegNumber | |||||||||||
Panama |
SOUL BY CURVE STYLIZED | Registered | 17-Aug-2005 | 14442801 | 17-Aug-2005 | 14442801 | ||||||||||||
Qatar |
SOUL BY CURVE STYLIZED | 3 | Registered | 15-Aug-2005 | 36593 | 30-Jul-2009 | 36593 | |||||||||||
Canada |
STAY ON HER MIND | Published | 02-Oct-2008 | 1413049 | ||||||||||||||
European Community |
STAY ON HER MIND | 3, 5, 44 | Registered | 01-Oct-2008 | 7280522 | 12-Jun-2009 | 7280522 | |||||||||||
United States of America |
STAY ON HER MIND | 3 | Registered | 29-Sep-2008 | 77581509 | 28-Jul-2009 | 3660322 | |||||||||||
St. Maarten |
SUNFLOWERS | Registered | 17-Apr-2014 | 14226 | 21-Oct-1993 | 08175 | ||||||||||||
Canada |
TIME MACHINE | Registered | 28-Apr-2003 | 1176325 | 29-Apr-2005 | 638744 | ||||||||||||
European Community |
TIME MACHINE | 03 | Registered | 30-Apr-2003 | 3150471 | 23-Aug-2004 | 003150471 | |||||||||||
Mexico |
TIME MACHINE | 3 | Registered | 25-Apr-2003 | 598384 | 13-Oct-2003 | 809556 | |||||||||||
Canada |
TIME WONT TELL | Registered | 12-Nov-2004 | 1237038 | 17-Aug-2006 | 670319 | ||||||||||||
Bangladesh |
TO BE BEAUTIFUL IS THE BIRTHRIGHT OF EVERY WOMAN | 03 | Pending | 30-Oct-2011 | 148243 | |||||||||||||
Canada |
TOTALLY TICKLISH! | 3 | Registered | 29-Dec-2004 | 1242201 | 24-Oct-2005 | 651239 | |||||||||||
European Community |
TOTALLY TICKLISH! | 3 | Registered | 30-Dec-2004 | 4175527 | 20-Jan-2006 | 4175527 | |||||||||||
Mexico |
TOTALLY TICKLISH! | 3 | Registered | 10-Jan-2005 | 696023 | 28-Feb-2005 | 871336 | |||||||||||
United States of America |
TOTALLY TICKLISH! | 3 | Registered | 29-Dec-2004 | 78539508 | 16-Sep-2008 | 3502977 | |||||||||||
Canada |
TOUT LE MONDE EN A UNE | 3 | Registered | 26-Aug-2005 | 1270182 | 25-Aug-2006 | 671257 | |||||||||||
Argentina |
UNBOUND | 3 | Registered | 25-Apr-2001 | 2336093 | 11-Oct-2002 | 1890167 | |||||||||||
Bahamas |
UNBOUND | 48 | Registered | 14-Aug-2001 | 24120 | 09-May-2005 | 24120 | |||||||||||
Brazil |
UNBOUND | 3 | Registered | 01-Jun-2001 | 823312259 | 13-Feb-2007 | 823312259 | |||||||||||
Canada |
UNBOUND | Registered | 29-Jan-2001 | 1,090,717 | 12-May-2003 | 581373 |
ELIZABETH ARDEN, INC.
Country | Trademark | Class | Status | FilDate | AppNumber | RegDate | RegNumber | |||||||||||
Hong Kong |
UNBOUND | 03 | Registered | 10-Aug-2002 | 2002/12492 | 10-Aug-2002 | 2003B12755 | |||||||||||
Mexico |
UNBOUND | 3 | Registered | 04-Jun-2001 | 488815 | 04-Jun-2001 | 488815 | |||||||||||
New Zealand |
UNBOUND | 3 | Registered | 19-Nov-2001 | 648780 | 19-Nov-2001 | 648780 | |||||||||||
Puerto Rico |
UNBOUND | 3 | Registered | 30-Apr-2001 | NONE | 30-Apr-2001 | 52,925 | |||||||||||
United States of America |
UNBOUND | 3 | Registered | 30-Jan-2001 | 76/201828 | 30-Jul-2002 | 2602632 | |||||||||||
Bahrain |
VIVID | 3 | Registered | 18-Feb-1995 | 18484 | 18-Feb-1995 | 18484 | |||||||||||
Bolivia |
VIVID | Registered | 30-Nov-1995 | 59730 | 30-Nov-1995 | 59730 | ||||||||||||
Ecuador |
VIVID | 3 | Registered | 31-Jan-1994 | 44898 | 09-Nov-1995 | 3020-95 | |||||||||||
Ireland |
VIVID | 3 | Registered | 29-Nov-1993 | 159119 | 29-Nov-1993 | 159119 | |||||||||||
United Kingdom |
VIVID | 3 | Registered | 20-May-1993 | 1536003 | 09-May-1997 | 1536003 | |||||||||||
United States of America |
VIVID | 3 | Registered | 11-Jan-1993 | 74347506 | 25-Oct-1994 | 1860231 | |||||||||||
Australia |
WINGS | 3 | Registered | 03-Dec-2002 | 936369 | 03-Dec-2002 | 936369 | |||||||||||
Austria |
WINGS | Registered | 27-Mar-1992 | AM1532/92 | 13-Aug-1992 | 143404 | ||||||||||||
Belarus |
WINGS | 3 | Registered | 29-Sep-1993 | 1040 | 02-Apr-1996 | 4054 | |||||||||||
Brazil |
WINGS | 3 | Registered | 23-Jun-1992 | 8167468842 | 03-Sep-1996 | 816746842 | |||||||||||
Brunei Darussalam |
WINGS | 03 Int. | Registered | 11-May-1992 | 21747 | 11-May-1992 | 18126 | |||||||||||
Canada |
WINGS | Registered | 04-Mar-1992 | 700270 | 04-Mar-1994 | 424132 | ||||||||||||
Denmark |
WINGS | 3, 35, 36, 39, 40, 42 | Registered | 21-Dec-1992 | 8842/92 | 01-Oct-1993 | 693493 | |||||||||||
Estonia |
WINGS | Registered | 22-Jun-1993 | 5460 | 26-Jan-1995 | 14671 | ||||||||||||
European Community |
WINGS | 3 | Registered | 17-Apr-1996 | 230128 | 15-Apr-1998 | 230128 |
ELIZABETH ARDEN, INC.
Country | Trademark | Class | Status | FilDate | AppNumber | RegDate | RegNumber | |||||||||||
Finland |
WINGS | Registered | 25-Feb-1992 | 913/92 | 22-Feb-1993 | 125265 | ||||||||||||
France |
WINGS | Registered | 22-Apr-1992 | 92416018 | 22-Apr-1992 | 92416018 | ||||||||||||
Gaza District |
WINGS | Registered | 31-Jan-1995 | 2570 | 18-Sep-1995 | 2570 | ||||||||||||
Germany |
WINGS | 3 | Registered | 19-Nov-1993 | G43707/3WZ | 02-Mar-1999 | 2105597 | |||||||||||
Hong Kong |
WINGS | Registered | 28-Feb-1992 | 1553/92 | 28-Feb-1992 | 5742/94 | ||||||||||||
Iceland |
WINGS | 3 | Registered | 24-Feb-1992 | 12251992 | 29-Jul-1992 | 7061992 | |||||||||||
Ireland |
WINGS | 3 | Registered | 24-Feb-1992 | 0979/92 | 24-Feb-1992 | 147226 | |||||||||||
Italy |
WINGS | 3 | Registered | 02-Mar-1992 | RM92C000855 | 19-Dec-1994 | 637519 | |||||||||||
Kazakhstan |
WINGS | Registered | 18-Oct-1993 | 2838 | 02-Sep-1996 | 4090 | ||||||||||||
Kuwait |
WINGS | Registered | 30-Sep-2002 | 23810 | ||||||||||||||
Latvia |
WINGS | Registered | 08-Jun-1993 | M93-5273 | 20-Jun-1996 | M32924 | ||||||||||||
Lithuania |
WINGS | 3 | Registered | 16-Jul-1993 | ZP9650 | 16-Jul-1996 | 23203 | |||||||||||
Malaysia |
WINGS | Registered | 02-May-1992 | 1992/2850 | 02-May-1992 | 9202850 | ||||||||||||
Mexico |
WINGS | 3 | Registered | 15-Jan-2003 | 583632 | 25-May-2004 | 832468 | |||||||||||
New Zealand |
WINGS | 03 Int. | Registered | 24-Feb-1992 | 216433 | 24-Feb-1992 | 216433 | |||||||||||
Norway |
WINGS | Registered | 30-Apr-1992 | 922288 | 25-Nov-1993 | 160258 | ||||||||||||
Oman |
WINGS | Registered | 22-Sep-1992 | 7464 | 29-Jul-2002 | 7464 | ||||||||||||
Panama |
WINGS | 3 | Registered | 18-Apr-1994 | 62019 | |||||||||||||
Peru |
WINGS | Registered | 12-Mar-1992 | 592866 | 20-Jan-1995 | 13543 | ||||||||||||
Portugal |
WINGS | Registered | 03-Dec-1997 | 282985 |
ELIZABETH ARDEN, INC.
Country | Trademark | Class | Status | FilDate | AppNumber | RegDate | RegNumber | |||||||||||
Puerto Rico |
WINGS | 3 | Registered | 02-Dec-2002 | 55654 | 23-Dec-2002 | 55654 | |||||||||||
Romania |
WINGS | Registered | 04-May-1992 | 26809 | 04-May-1992 | 22667 | ||||||||||||
Sweden |
WINGS | 03 | Registered | 25-Feb-1992 | 92-01730 | 13-Aug-1993 | 250727 | |||||||||||
Taiwan |
WINGS | Registered | 25-Feb-1992 | (81 | ) 8141 | 01-Oct-1992 | 571683 | |||||||||||
Turkmenistan |
WINGS | 3 | Registered | 26-Dec-1995 | 13463 | 06-Jan-1999 | 3923 | |||||||||||
Ukraine |
WINGS | 3 | Registered | 19-Nov-1993 | 93115537/ | 30-Apr-1998 | 9696 | |||||||||||
United Kingdom |
WINGS | Registered | 24-Feb-1992 | 1492015 | 07-May-1993 | B1492015 | ||||||||||||
United States of America |
WINGS | 3 | Registered | 14-Jan-1983 | 409,346 | 01-May-1984 | 1275710 | |||||||||||
United States of America |
WINGS | 3 | Registered | 14-Feb-1992 | 74/246,464 | 20-Sep-1994 | 1855055 | |||||||||||
Uruguay |
WINGS | Registered | 28-Feb-1992 | 215744 | 30-Dec-1993 | 350493 | ||||||||||||
Uzbekistan |
WINGS | Registered | 27-Dec-1993 | 9301000.3 | 01-Apr-1996 | 3976 | ||||||||||||
West Bank |
WINGS | Registered | 23-Feb-1995 | 23-Mar-2000 | 3313 | |||||||||||||
United States of America |
WINGS (BOTTLE DEVICE) | 03 Int. | Registered | 16-Nov-1990 | 74/115,835 | 14-Dec-1993 | 1811374 | |||||||||||
United States of America |
WINGS (BOTTLE DEVICE) | Registered | 16-Nov-1990 | 74/115836 | 21-Dec-1993 | 1812638 | ||||||||||||
United Kingdom |
WINGS (LARGE BOTTLE DESIGN) | Registered | 31-Oct-1994 | 1549122 | 31-Oct-1994 | 1549122 | ||||||||||||
United Kingdom |
WINGS (SMALL BOTTLE DEVICE) | Registered | 31-Oct-1994 | 1549214 | 31-Oct-1994 | 1549214 | ||||||||||||
Australia |
WONDERSTRUCK | 3 | Registered | 24-Feb-2011 | 1410950 | 24-Feb-2011 | 1410950 | |||||||||||
Canada |
WONDERSTRUCK | 3 | Registered | 23-Feb-2011 | 1516530 | 05-Oct-2012 | 833809 | |||||||||||
China (Peoples Republic) |
WONDERSTRUCK | 3 | Registered | 14-Jun-2012 | 9155940 | |||||||||||||
European Community |
WONDERSTRUCK | 3 | Registered | 28-Feb-2011 | 9772492 | 09-Aug-2011 | 9772492 |
ELIZABETH ARDEN, INC.
Country | Trademark | Class | Status | FilDate | AppNumber | RegDate | RegNumber | |||||||||||
Hong Kong |
WONDERSTRUCK | 3 | Registered | 17-Feb-2011 | 301841490 | 24-Feb-2011 | 301841490 | |||||||||||
Japan |
WONDERSTRUCK | 3 | Registered | 28-Feb-2011 | 2011012979 | 14-Oct-2011 | 5444152 | |||||||||||
Korea, Republic of |
WONDERSTRUCK | 3 | Registered | 24-Feb-2011 | 4020119407 | 26-Mar-2012 | 40912198 | |||||||||||
Mexico |
WONDERSTRUCK | 3 | Registered | 07-Mar-2011 | 1160532 | 06-Jun-2011 | 1221037 | |||||||||||
New Zealand |
WONDERSTRUCK | 3 | Registered | 24-Feb-2011 | 837686 | 24-Aug-2011 | 837686 | |||||||||||
Norway |
WONDERSTRUCK | 3 | Registered | 24-Feb-2011 | 201102244 | 23-Aug-2011 | 261112 | |||||||||||
Singapore |
WONDERSTRUCK | 3 | Registered | 25-Feb-2011 | T1102384B | 09-Jun-2011 | T1102384B | |||||||||||
South Africa |
WONDERSTRUCK | 3 | Registered | 24-Feb-2011 | 201104106 | 02-Aug-2012 | 201104106 | |||||||||||
Switzerland |
WONDERSTRUCK | 3 | Registered | 24-Feb-2011 | 617413 | 25-Jul-2011 | 617413 | |||||||||||
Taiwan |
WONDERSTRUCK | 03 Int. | Registered | 01-Mar-2011 | 100009475 | 16-Nov-2011 | 1483674 | |||||||||||
United Kingdom |
WONDERSTRUCK | 3 | Registered | 17-Feb-2011 | 2573541 | 03-Jun-2011 | 2573541 | |||||||||||
United States of America |
WONDERSTRUCK | 3 | Registered | 17-Feb-2011 | 85/975809 | 13-Dec-2011 | 4072067 | |||||||||||
Australia |
WONDERSTRUCK ENCHANTED | 3 | Registered | 27-Jun-2012 | 1498618 | 27-Jun-2012 | 1498618 | |||||||||||
Canada |
WONDERSTRUCK ENCHANTED | 3 | Registered | 26-Jun-2012 | 1583724 | 01-Jan-2016 | TMA924965 | |||||||||||
China (Peoples Republic) |
WONDERSTRUCK ENCHANTED | 3 | Registered | 27-Jun-2013 | 11128002 | 14-Nov-2013 | 11128002 | |||||||||||
European Community |
WONDERSTRUCK ENCHANTED | 3 | Registered | 26-Jun-2012 | 010994689 | 21-Nov-2012 | 010994689 | |||||||||||
Hong Kong |
WONDERSTRUCK ENCHANTED | 3 | Registered | 27-Jun-2012 | 302296675 | 27-Jun-2012 | 302296675 | |||||||||||
Japan |
WONDERSTRUCK ENCHANTED | 3, 03 Int. | Registered | 28-Jun-2013 | 2012-052125 | 01-Mar-2013 | 5561664 | |||||||||||
Korea, Republic of |
WONDERSTRUCK ENCHANTED | 3 | Registered | 27-Jun-2012 | 40201241023 | 26-Jun-2013 | 40977475 | |||||||||||
Mexico |
WONDERSTRUCK ENCHANTED | Registered | 29-Jun-2012 | 1287558 | 30-Oct-2012 | 1324992 |
ELIZABETH ARDEN, INC.
Country | Trademark | Class | Status | FilDate | AppNumber | RegDate | RegNumber | |||||||||||
New Zealand |
WONDERSTRUCK ENCHANTED | Registered | 27-Jun-2012 | 961132 | 30-Jul-2013 | 961132 | ||||||||||||
Norway |
WONDERSTRUCK ENCHANTED | 3 | Registered | 27-Jun-2012 | 201206404 | 04-Oct-2012 | 267512 | |||||||||||
Singapore |
WONDERSTRUCK ENCHANTED | Registered | 29-Jun-2012 | T1209401H | ||||||||||||||
South Africa |
WONDERSTRUCK ENCHANTED | 3 | Published | 28-Jun-2012 | 201217544 | |||||||||||||
Switzerland |
WONDERSTRUCK ENCHANTED | 3 | Registered | 27-Jun-2012 | 57852/2012 | 22-Oct-2012 | 635386 | |||||||||||
Taiwan |
WONDERSTRUCK ENCHANTED | 3 | Registered | 27-Jun-2012 | 101036186 | 01-Mar-2013 | 1567939 | |||||||||||
United Kingdom |
WONDERSTRUCK ENCHANTED | Registered | 27-Jun-2012 | 2626134 | 27-Jun-2012 | 2626134 | ||||||||||||
United States of America |
WONDERSTRUCK ENCHANTED | 3 | Registered | 26-Jun-2012 | 85/661799 | 15-Oct-2013 | 4419525 | |||||||||||
Brazil |
WRITE ON! | 3 | Registered | 21-Jun-2004 | 826444741 | 04-Dec-2007 | 826444741 | |||||||||||
China (Peoples Republic) |
WRITE ON! | 3 | Registered | 10-Dec-2005 | 4408517 | 21-Apr-2008 | 4408517 | |||||||||||
Brazil |
Z-14 | 3 | Registered | 13-Apr-1993 | 817204539 | 22-Nov-1994 | 817204539 | |||||||||||
Canada |
Z-14 | 3 | Registered | 17-Dec-1985 | 554,389 | 13-Mar-1987 | 324760 | |||||||||||
Colombia |
Z-14 | 3 | Registered | 21-Jun-1983 | 223,330 | 26-Feb-1987 | 115908 | |||||||||||
France |
Z-14 | 3 | Registered | 26-Sep-1979 | 528,863 | 28-Aug-1999 | 1548220 | |||||||||||
Israel |
Z-14 | 3 | Registered | 05-Apr-1983 | 56,068 | 05-Apr-1983 | 56068 | |||||||||||
Portugal |
Z-14 | 3 | Registered | 22-Apr-1980 | 206,607 | 01-Sep-1997 | 206607 | |||||||||||
United States of America |
Z-14 | 3 | Registered | 28-May-2004 | 78/426993 | 12-Jul-2005 | 2967060 | |||||||||||
Uruguay |
Z-14 | 3 | Registered | 07-Jun-1985 | 277,033 | 07-Jun-1985 | 179,853 | |||||||||||
Spain |
ZEEFOURTEEN | 3 | Registered | 12-Feb-1982 | 997,285 | 20-Oct-1982 | 997285 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
United States of America |
212 MS ARDEN | Registered | 3838763 | 25-Mar-2009 | 77698729 | 24-Aug-2010 | 35, 44 | |||||||||||
Spain |
5TH AVENIDA | Registered | 148372 | 14-Dec-1943 | 07-Jun-1945 | 3 | ||||||||||||
Australia |
5TH AVENUE | Pending | 14-Aug-2015 | 1714517 | 03 | |||||||||||||
Lesotho |
5TH AVENUE | Registered | LS/M/97/00343 | 27-Jun-1997 | LS/M/97/00343 | 24-Jun-2002 | 3 | |||||||||||
New Zealand |
5TH AVENUE | Pending | 14-Aug-2015 | 1025765 | 03 | |||||||||||||
Swaziland |
5TH AVENUE | Registered | 842/96 | 19-Dec-1996 | 19-Dec-1996 | 3 | ||||||||||||
South Africa |
5TH AVENUE (WORDS IN LOCAL SCRIPT) | Registered | 96/4270 | 29-Mar-1996 | 29-Mar-1996 | 3 | ||||||||||||
Argentina |
5TH AVENUE AFTER FIVE | Registered | 2159885 | 12-Nov-2004 | 2554182 | 22-May-2007 | 3 | |||||||||||
Armenia |
5TH AVENUE AFTER FIVE | Registered | 20247 | 17-Aug-2012 | 20121109 | 02-Aug-2013 | 3 | |||||||||||
Australia |
5TH AVENUE AFTER FIVE | Registered | 1029397 | 11-Nov-2004 | 1029397 | 11-Nov-2004 | 3 | |||||||||||
Azerbaijan |
5TH AVENUE AFTER FIVE | Registered | 20140150 | 09-Aug-2012 | 20121170 | 23-Jan-2014 | 3 | |||||||||||
Canada |
5TH AVENUE AFTER FIVE | Registered | 649756 | 12-Nov-2004 | 1236961 | 05-Oct-2005 | 3 | |||||||||||
Chile |
5TH AVENUE AFTER FIVE | Registered | 1157827 | 22-Dec-2004 | 124437 | 06-Jun-2005 | 3 | |||||||||||
China (Peoples Republic) |
5TH AVENUE AFTER FIVE | Registered | 4363196 | 15-Nov-2004 | 4363196 | 14-Feb-2008 | 3 | |||||||||||
Colombia |
5TH AVENUE AFTER FIVE | Registered | 300269 | 11-Nov-2004 | 2004113972 | 16-Jun-2005 | 3 | |||||||||||
European Community |
5TH AVENUE AFTER FIVE | Registered | 4113007 | 11-Nov-2004 | 4113007 | 12-Jun-2006 | 3 | |||||||||||
Hong Kong |
5TH AVENUE AFTER FIVE | Registered | 300317655 | 11-Nov-2004 | 300317655 | 30-Mar-2005 | 3 | |||||||||||
India |
5TH AVENUE AFTER FIVE | Registered | 1322232 | 24-Nov-2004 | 1322232 | 24-Nov-2004 | 3 | |||||||||||
Japan |
5TH AVENUE AFTER FIVE | Registered | 4919190 | 11-Nov-2004 | 2004104225 | 06-Jan-2006 | 3 | |||||||||||
Kazakhstan |
5TH AVENUE AFTER FIVE | Registered | 44221 | 02-Aug-2012 | 59033 | 17-Apr-2014 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Korea, Republic of |
5TH AVENUE AFTER FIVE | Registered | 642031 | 11-Nov-2004 | 40200451063 | 06-Dec-2005 | 3 | |||||||||||
Mexico |
5TH AVENUE AFTER FIVE | Registered | 871658 | 11-Nov-2004 | 687423 | 08-Mar-2005 | 3 | |||||||||||
New Zealand |
5TH AVENUE AFTER FIVE | Registered | 721279 | 11-Nov-2004 | 721279 | 07-Jul-2005 | 3 | |||||||||||
Norway |
5TH AVENUE AFTER FIVE | Registered | 231179 | 12-Nov-2004 | 200411464 | 06-Mar-2006 | 3 | |||||||||||
Singapore |
5TH AVENUE AFTER FIVE | Registered | T0420027J | 18-Nov-2004 | T0420027J | 18-Nov-2004 | 3 | |||||||||||
South Africa |
5TH AVENUE AFTER FIVE | Registered | 2004/20521 | 11-Nov-2004 | 2004120521 | 03-Nov-2008 | 3 | |||||||||||
Switzerland |
5TH AVENUE AFTER FIVE | Registered | 530361 | 11-Nov-2004 | 57738/2004 | 17-Feb-2005 | 3 | |||||||||||
Taiwan |
5TH AVENUE AFTER FIVE | Registered | 1182917 | 11-Nov-2004 | 093052330 | 01-Dec-2005 | 3 | |||||||||||
United Kingdom |
5TH AVENUE AFTER FIVE | Registered | 2377924 | 12-Nov-2004 | 2377924 | 12-Nov-2004 | 3 | |||||||||||
United States of America |
5TH AVENUE AFTER FIVE | Registered | 3131019 | 12-Nov-2004 | 78515824 | 15-Aug-2006 | 3 | |||||||||||
Vietnam |
5TH AVENUE AFTER FIVE | Registered | 223239 | 13-Aug-2012 | 4201217783 | 21-Apr-2014 | 3 | |||||||||||
Taiwan |
5TH AVENUE IN CHINESE CHARACTERS | Registered | 953734 | 30-Mar-2000 | 89,017,197 | 16-Aug-2001 | 3 | |||||||||||
Taiwan |
5TH AVENUE IN CHINESE CHARACTERS | Registered | 953734 | 16-Aug-2001 | 3 | |||||||||||||
United States of America |
5TH AVENUE UPTOWN NYC | Pending | 03-May-2016 | 87023397 | 3 | |||||||||||||
Canada |
ADVANCED CERAMIDE CAPSULES | Pending | 07-Mar-2016 | 1,771,145 | ||||||||||||||
Canada |
ADVANCED ENERGIZING EXTRACT | Registered | 331524 | 14-Aug-1985 | 547,548 | 04-Sep-1987 | 3 | |||||||||||
Indonesia |
ADVANCED MIX CONCENTRATE | Pending | 08-Jul-2014 | 2014-032618 | ||||||||||||||
Indonesia |
ADVANCED MIX CONCENTRATE | Pending | 08-Jul-2014 | 2014-032617 | ||||||||||||||
Hong Kong |
ADVANCED MIX CONCENTRATE design | Registered | 303043485 | 23-Jun-2014 | 303043485 | 02-Mar-2015 | ||||||||||||
India |
ADVANCED MIX CONCENTRATE design | Pending | 25-Jun-2014 | 2762068 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Japan |
ADVANCED MIX CONCENTRATE design | Registered | 5713048 | 23-Jun-2014 | 512244037 | 24-Oct-2014 | 01 Int., 03 Int. | |||||||||||
Korea, Republic of |
ADVANCED MIX CONCENTRATE design | Registered | 401108323 | 18-Jun-2014 | 40201441007 | 28-May-2015 | 01, 03 | |||||||||||
Malaysia |
ADVANCED MIX CONCENTRATE design | Pending | 30-Jun-2014 | 2014059612 | 01 Int. | |||||||||||||
Malaysia |
ADVANCED MIX CONCENTRATE design | Pending | 30-Jun-2014 | 2014059616 | ||||||||||||||
New Zealand |
ADVANCED MIX CONCENTRATE design | Registered | 999812 | 18-Jun-2014 | 999812 | 18-Jun-2014 | 01 Int., 03 Int. | |||||||||||
Philippines |
ADVANCED MIX CONCENTRATE design | Pending | 23-Jun-2014 | 4-2014-007905 | 01 Int. | |||||||||||||
Singapore |
ADVANCED MIX CONCENTRATE design | Published | 18-Jun-2014 | T1409487B | 03 Int. | |||||||||||||
Thailand |
ADVANCED MIX CONCENTRATE design | Pending | 23-Jun-2014 | 942234 | 03 Int. | |||||||||||||
United States of America |
ADVANCED MIX CONCENTRATE design | Published | 17-Jun-2014 | 86311640 | 1, 3 | |||||||||||||
Curacao |
ALPHA CERAMIDE | Pending | 09614 | 31-Dec-2001 | D-8313 | |||||||||||||
Argentina |
ARDEN | Registered | 1880848 | 07-Aug-2002 | 07-Aug-2002 | 3 | ||||||||||||
Benelux |
ARDEN | Registered | 025405 | 07-Apr-1971 | 2173 | 07-Apr-1971 | 3, 15, 16, 21 | |||||||||||
Bolivia |
ARDEN | Registered | 27165-C | 30,867 | 15-Aug-1972 | 3 | ||||||||||||
Canada |
ARDEN | Registered | 24196 | 08-Oct-1946 | 192,718 | 08-Oct-1946 | ||||||||||||
Chile |
ARDEN | Registered | 570191 | 31-Mar-2000 | 480812 | 15-Jun-2000 | 1, 3, 5, 8, 10, 16, 21, 26, 29, 30 | |||||||||||
Chile |
ARDEN | Registered | 896192 | 31-Mar-2000 | 480.814 | 15-Jun-2000 | 1, 3, 5, 8, 10, 16, 21, 26, 26, 30 | |||||||||||
Chile |
ARDEN | Registered | 1146502 | 07-Jun-1995 | 309818 | 16-Aug-1995 | 3 | |||||||||||
Chile |
ARDEN | Registered | 570192 | 480813 | 15-Jun-2000 | 35 | ||||||||||||
China (Peoples Republic) |
ARDEN | Registered | 2020991 | 26-Aug-1999 | 2020991 | 07-Jul-2003 | 3 | |||||||||||
Colombia |
ARDEN | Registered | 28506 | 25-Jun-1951 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Denmark |
ARDEN | Registered | 194400654 | 25-Apr-1944 | 502/1944 | 12-Aug-1944 | 3 | |||||||||||
Dominican Republic |
ARDEN | Registered | 20315 | 21-Feb-1972 | 50 | |||||||||||||
Egypt |
ARDEN | Registered | 17951 | 05-May-1948 | 3 | |||||||||||||
El Salvador |
ARDEN | Registered | 1 Book 49 | 12-Jun-1973 | 127 | |||||||||||||
France |
ARDEN | Registered | 1476707 | 22-Feb-1968 | 39671 | 01-Feb-1968 | 3, 21, 41 and 42 | |||||||||||
Honduras |
ARDEN | Registered | 20483 | 17-Sep-1973 | 3 | |||||||||||||
Hong Kong |
ARDEN | Registered | 19761166 | 29-Feb-1972 | 244/72 | 29-Feb-1972 | 3 | |||||||||||
India |
ARDEN | Registered | 1257079 | 23-Dec-2003 | 01257079 | 23-Dec-2003 | 3 | |||||||||||
Indonesia |
ARDEN | Registered | 56330 | 20-Mar-1972 | |
D95 20066 |
|
24-Oct-1996 | 3 | |||||||||
Iran (Islamic Republic of) |
ARDEN | Registered | 6307 | 12-Nov-1949 | 3 | |||||||||||||
Israel |
ARDEN | Registered | 3933 | 13-Sep-1935 | 23-Mar-1937 | 3 | ||||||||||||
Japan |
ARDEN | Registered | 418315 | 03-Jul-1951 | 26-13691 | 11-Nov-1952 | 4 | |||||||||||
Japan |
ARDEN | Registered | 419793 | 03-Jul-1951 | 26-13692 | 17-Dec-1952 | 3 | |||||||||||
Japan |
ARDEN | Registered | 3044595 | 26-May-1992 | 117258/92 | 31-May-1995 | 3 | |||||||||||
Korea, Republic of |
ARDEN | Registered | 400287277 | 93-6419 | 24-Mar-1994 | 3, 14, 18, 21 | ||||||||||||
Korea, Republic of |
ARDEN | Registered | 40289245 | 93-6420 | 28-Apr-1994 | 13 | ||||||||||||
Lebanon |
ARDEN | Registered | 95189 | 10-Sep-1958 | 10-Sep-1958 | 3 | ||||||||||||
Malaysia |
ARDEN | Registered | M/2175 | 16-Dec-1950 | 16-Dec-1951 | 3 | ||||||||||||
Mexico |
ARDEN | Registered | 955285 | 23-Feb-2006 | 767815 | 27-Sep-2006 | 3 | |||||||||||
New Zealand |
ARDEN | Registered | 100087 | 27-Mar-1972 | 100087 | 27-Mar-1972 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Paraguay |
ARDEN | Registered | 407192 | 93/20057 | 03-Nov-1994 | 3 | ||||||||||||
Portugal |
ARDEN | Registered | 145536 | 64240 | 25-Nov-1947 | |||||||||||||
Spain |
ARDEN | Registered | 202536 | 21-May-1947 | 23-Apr-1948 | 3 | ||||||||||||
Spain |
ARDEN | Registered | 202535 | 21-May-1947 | 21-Jan-1948 | 3 | ||||||||||||
Sweden |
ARDEN | Registered | 50211 | 27-May-1938 | 1058 | 09-Jun-1938 | 3 | |||||||||||
Taiwan |
ARDEN | Registered | 61396 | 01-Nov-1992 | 3 | |||||||||||||
Taiwan |
ARDEN | Registered | 661455 | 83004296 | 16-Nov-1994 | 43 | ||||||||||||
United Kingdom |
ARDEN | Registered | 820611 | 10-May-1961 | 10-May-1961 | 3, 5 | ||||||||||||
United Kingdom |
ARDEN | Registered | 2,196,646 | 08-May-1999 | 08-May-1999 | 3, 42 | ||||||||||||
Uruguay |
ARDEN | Registered | 322732 | 22-May-1935 | 3 | |||||||||||||
Taiwan |
ARDEN (WORD IN LOCAL SCRIPT) | Registered | 660118 | 83004298 | 01-Nov-1994 | 43 | ||||||||||||
Switzerland |
ARDEN (WORD IN PARTICULAR STYLE) | Registered | 361392 | 15-Jan-1968 | 3, 18, 21 | |||||||||||||
Australia |
ARDEN ACTIVE SKINCARE | Registered | 1691762 | 06-May-2015 | 1691762 | 04-Feb-2016 | 41 Int., 42 Int. | |||||||||||
Australia |
ARDEN ACTIVE SKINCARE | Pending | 06-May-2015 | 1707017 | 03 Int. | |||||||||||||
Benelux |
ARDEN ACTIVE SKINCARE | Registered | 975413 | 06-May-2015 | 1309943 | 22-Jul-2015 | 03 Int., 41 Int., 42 Int. | |||||||||||
Canada |
ARDEN ACTIVE SKINCARE | Published | 05-May-2015 | 1726877 | ||||||||||||||
China (Peoples Republic) |
ARDEN ACTIVE SKINCARE | Pending | 11-Jun-2015 | 17176148 | 03 Int. | |||||||||||||
China (Peoples Republic) |
ARDEN ACTIVE SKINCARE | Published | 11-Jun-2015 | 17176147 | 41 | |||||||||||||
China (Peoples Republic) |
ARDEN ACTIVE SKINCARE | Published | 11-Jun-2015 | 17176146 | 42 | |||||||||||||
European Community |
ARDEN ACTIVE SKINCARE | Registered | 14032312 | 06-May-2015 | 14032312 | 09-Sep-2015 | 03 Int., 41 Int., 42 Int. |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Korea, Republic of |
ARDEN ACTIVE SKINCARE | Registered | 45-63368 | 06-May-2015 | 45-2015-4099 | 09-Mar-2016 | 3, 41, 42 | |||||||||||
Mexico |
ARDEN ACTIVE SKINCARE | Registered | 1543348 | 06-May-2015 | M1606648 | 02-Jun-2015 | 03 | |||||||||||
Mexico |
ARDEN ACTIVE SKINCARE | Pending | 06-May-2015 | M1606649 | 41 | |||||||||||||
Mexico |
ARDEN ACTIVE SKINCARE | Registered | 1543349 | 06-May-2015 | M1606650 | 02-Jun-2015 | 42 | |||||||||||
New Zealand |
ARDEN ACTIVE SKINCARE | Registered | 1018920 | 06-May-2015 | 1018920 | 06-May-2015 | 03 Int., 41 Int., 42 Int. | |||||||||||
Norway |
ARDEN ACTIVE SKINCARE | Registered | 283146 | 27-May-2015 | 201505643 | 26-Aug-2015 | 03 Int., 41 Int., 42 Int. | |||||||||||
Switzerland |
ARDEN ACTIVE SKINCARE | Registered | 675713 | 06-May-2015 | 553952015 | 17-Jul-2015 | 03 Int., 41 Int., 42 Int. | |||||||||||
United States of America |
ARDEN ACTIVE SKINCARE | Published | 05-May-2015 | 86619756 | 03 Int., 41 Int., 42 Int. | |||||||||||||
Australia |
ARDEN FOR MEN | Registered | 253039 | 22-Oct-1971 | 253039 | 22-Oct-1971 | 3 | |||||||||||
Barbados |
ARDEN FOR MEN | Registered | 81/005194 | 11-Jul-1975 | 11-Jul-1975 | 3 | ||||||||||||
Brazil |
ARDEN FOR MEN | Registered | 814061869 | 814061869 | 03-May-1994 | 3 | ||||||||||||
Cayman Islands |
ARDEN FOR MEN | Registered | 826976 | 01-Nov-1996 | 3, 5 | |||||||||||||
Colombia |
ARDEN FOR MEN | Registered | 124676 | 220,241 | 09-Dec-1988 | 3 | ||||||||||||
Colombia |
ARDEN FOR MEN | Registered | 134,262 | 220,535 | 18-Jul-1991 | 5 | ||||||||||||
Ecuador |
ARDEN FOR MEN | Registered | 1515-98 | 25-Oct-1996 | 72787 | 19-Mar-1998 | 3 | |||||||||||
Guatemala |
ARDEN FOR MEN | Registered | 32773 | 08-Aug-1977 | 3 | |||||||||||||
Guyana |
ARDEN FOR MEN | Registered | 12056A | 29-Mar-1984 | 29-Mar-1984 | 3 | ||||||||||||
Honduras |
ARDEN FOR MEN | Registered | 25605 | 27-Nov-1978 | 3 | |||||||||||||
Israel |
ARDEN FOR MEN | Registered | 20726 | 10-Apr-1962 | 21-Jun-1964 | 3 | ||||||||||||
Nicaragua |
ARDEN FOR MEN | Registered | 6814 C.C. | 20-Aug-1977 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Norway |
ARDEN FOR MEN | Registered | 51993 | 18-Jan-1967 | 3 | |||||||||||||
Paraguay |
ARDEN FOR MEN | Registered | 407191 | 200056 | 24-Oct-1994 | 3 | ||||||||||||
Trinidad and Tobago |
ARDEN FOR MEN | Registered | 9122 | 05-Aug-1975 | 9122 | 05-Aug-1975 | 48 | |||||||||||
Turkey |
ARDEN FOR MEN | Registered | 88720 | 16-Jan-1976 | ||||||||||||||
United Kingdom |
ARDEN FOR MEN | Registered | 826976 | 01-Nov-1961 | 01-Nov-1961 | 3, 5 | ||||||||||||
Aruba |
ARDEN FOR MEN (LABEL) | Registered | 17738 | 29-Dec-1995 | IM-951229.18 | 16-Feb-1996 | 3 | |||||||||||
Bahamas |
ARDEN FOR MEN (LABEL) | Registered | 18007 | 20-Oct-1994 | 27-Dec-1995 | 48 | ||||||||||||
Benelux |
ARDEN FOR MEN (LABEL) | Registered | 581734 | 19-Dec-1995 | 861605 | 19-Feb-2005 | 3 | |||||||||||
Bolivia |
ARDEN FOR MEN (LABEL) | Registered | 73170-C | 71686 | 24-Jun-1999 | 3 | ||||||||||||
Brazil |
ARDEN FOR MEN (LABEL) | Registered | 818924861 | 23-Jun-1998 | 3.20 | |||||||||||||
Chile |
ARDEN FOR MEN (LABEL) | Registered | 794189 | 18-Dec-1995 | 329123 | 20-Nov-1996 | 3 | |||||||||||
Ecuador |
ARDEN FOR MEN (LABEL) | Registered | 117 | 20-Dec-1995 | 64006 | 04-Sep-1997 | 3 | |||||||||||
El Salvador |
ARDEN FOR MEN (LABEL) | Registered | 236/64 | 630/96 | 05-Dec-1997 | 3 | ||||||||||||
Finland |
ARDEN FOR MEN (LABEL) | Registered | 32877 | 26-Sep-1958 | 3 | |||||||||||||
Honduras |
ARDEN FOR MEN (LABEL) | Registered | 65643 | 46/96 | 14-Aug-1996 | 3 | ||||||||||||
Jamaica |
ARDEN FOR MEN (LABEL) | Registered | 29042 | 12-Jan-1996 | 3/3384 | 12-Jan-1993 | 3 | |||||||||||
Nicaragua |
ARDEN FOR MEN (LABEL) | Registered | 32476 C.C. | 96-00241 | 14-Nov-1996 | 3 | ||||||||||||
Paraguay |
ARDEN FOR MEN (LABEL) | Registered | 303805 | 496 | 21-Apr-1997 | 3 | ||||||||||||
Peru |
ARDEN FOR MEN (LABEL) | Registered | 25096 | 287,491 | 12-Apr-1996 | 3 | ||||||||||||
Trinidad and Tobago |
ARDEN FOR MEN (LABEL) | Published | 16-Feb-1996 | 25117 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Uruguay |
ARDEN FOR MEN (LABEL) | Registered | 284159 | 30-Aug-1999 | 3 | |||||||||||||
Germany |
ARDEN FOR MEN (STYLIZED) II | Registered | 932456 | 01-Aug-1974 | |
A 26177/3 WZ |
|
27-Jun-1975 | 3 | |||||||||
Costa Rica |
ARDEN FOR MEN (WORD & DEVICE) | Registered | 45736 | 27-Feb-1973 | 3 | |||||||||||||
Uruguay |
ARDEN FOR MEN (WORD & DEVICE) | Registered | 378759 | 12-May-1969 | 3 | |||||||||||||
Germany |
ARDEN FOR MEN (WORDS IN PARTICULAR STYLE) | Registered | 706057 | 31-Dec-1956 | A 6464 | 04-Sep-1957 | 3 | |||||||||||
Spain |
ARDEN FOR MEN (WORDS IN PARTICULAR STYLE) | Registered | 329349 | 29-Jan-1958 | 329349 | 17-Nov-1978 | 3 | |||||||||||
Switzerland |
ARDEN FOR MEN (WORDS IN PARTICULAR STYLE) | Registered | 286582 | 06-Jan-1997 | 3, 8, 21 | |||||||||||||
Hong Kong |
ARDEN GARDEN | Registered | 200202176 | 03-Apr-2000 | 7193/2000 | 03-Apr-2000 | 3 | |||||||||||
China (Peoples Republic) |
ARDEN in Chinese Characters | Registered | 1536295 | 09-May-1997 | 970,046,545 | 14-Mar-2001 | 3 | |||||||||||
Japan |
ARDEN IN KATAKANA | Registered | 5555544 | 20-Sep-2012 | 2012076019 | 08-Feb-2013 | 3 | |||||||||||
United States of America |
ARDEN PRECISION MAKEUP | Published | 14-Jul-2015 | 86692164 | 03 | |||||||||||||
Argentina |
ARDENBEAUTY | Registered | 2036203 | 13-Mar-2002 | 2,368,767 | 26-Jul-2005 | 3 | |||||||||||
Armenia |
ARDENBEAUTY | Registered | 20246 | 17-Aug-2012 | 20121108 | 02-Aug-2013 | 3 | |||||||||||
Australia |
ARDENBEAUTY | Registered | 902553 | 06-Feb-2002 | 902,553 | 05-Feb-2002 | 3 | |||||||||||
Azerbaijan |
ARDENBEAUTY | Registered | 20120362 | 09-Aug-2012 | 20121171 | 12-Mar-2014 | 3 | |||||||||||
Brazil |
ARDENBEAUTY | Registered | 824331516 | 11-Mar-2002 | 824331516 | 24-Apr-2007 | 3 | |||||||||||
Canada |
ARDENBEAUTY | Registered | 617616 | 05-Feb-2002 | 1,130,265 | 25-Aug-2004 | 3 | |||||||||||
Chile |
ARDENBEAUTY | Registered | 1043814 | 30-May-2002 | 569,089 | 05-Mar-2003 | 3 | |||||||||||
China (Peoples Republic) |
ARDENBEAUTY | Registered | 3098372 | 19-Feb-2002 | 3098372 | 28-May-2003 | 3 | |||||||||||
Colombia |
ARDENBEAUTY | Registered | 265307 | 06-Mar-2002 | 2002020296 | 03-Apr-2003 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
European Community |
ARDENBEAUTY | Registered | 2564755 | 06-Feb-2002 | 2564755 | 08-Apr-2003 | 3 | |||||||||||
Finland |
ARDENBEAUTY | Registered | FI226135 | 06-Mar-2002 | |
FI T200200733 |
|
31-Dec-2002 | 3 | |||||||||
Hong Kong |
ARDENBEAUTY | Registered | 200403895 | 06-Feb-2002 | 2002/01743 | 18-Mar-2004 | 3 | |||||||||||
India |
ARDENBEAUTY | Registered | 594395 | 11-Mar-2002 | 1085998 | 23-Jan-2007 | 03 Int. | |||||||||||
Ireland |
ARDENBEAUTY | Registered | 226821 | 06-Mar-2002 | |
2002/00500 (226821 |
) |
06-Mar-2002 | 3 | |||||||||
Japan |
ARDENBEAUTY | Registered | 4642279 | 07-Feb-2002 | 2002-008867 | 31-Jan-2003 | 3 | |||||||||||
Kazakhstan |
ARDENBEAUTY | Registered | 41983 | 02-Aug-2012 | 59034 | 23-Oct-2013 | 3 | |||||||||||
Korea, Republic of |
ARDENBEAUTY | Registered | 400562980 | 09-Feb-2002 | 40-2002-7184 | 17-Oct-2003 | 3 | |||||||||||
Mexico |
ARDENBEAUTY | Registered | 745079 | 07-Feb-2002 | 531328 | 07-Feb-2002 | 3 | |||||||||||
New Zealand |
ARDENBEAUTY | Registered | 653500 | 06-Mar-2002 | 653500 | 06-Mar-2002 | 3 | |||||||||||
Norway |
ARDENBEAUTY | Registered | 218396 | 08-Mar-2002 | 200202142 | 10-Apr-2003 | 3 | |||||||||||
Philippines |
ARDENBEAUTY | Registered | 4201200501950 | 27-Jul-2012 | 42012501950 | 20-Jun-2013 | 3 | |||||||||||
Singapore |
ARDENBEAUTY | Registered | T02/01625A | 08-Feb-2002 | T02/01625A | 08-Feb-2002 | 3 | |||||||||||
South Africa |
ARDENBEAUTY | Registered | 2002/01550 | 06-Feb-2002 | 2002/01550 | 28-Jul-2006 | 3 | |||||||||||
Switzerland |
ARDENBEAUTY | Registered | 503453 | 17-Jun-2002 | 6280/2002 | 17-Jun-2002 | 3 | |||||||||||
Taiwan |
ARDENBEAUTY | Registered | 1068560 | 08-Feb-2002 | 91,005,765 | 01-Dec-2003 | 3 | |||||||||||
Vietnam |
ARDENBEAUTY | Registered | 235681 | 13-Aug-2012 | 4201217784 | 19-Nov-2014 | 3 | |||||||||||
Canada |
BARE PERFECTION | Registered | 593321 | 02-Nov-2000 | 1,081,644 | 28-Oct-2003 | 3 | |||||||||||
United States of America |
BARE PERFECTION | Registered | 2,532,968 | 19-Apr-2000 | 76/029,352 | 22-Jan-2002 | 3 | |||||||||||
United States of America |
BEACHSCAPE | Published | 03-Nov-2015 | 86808017 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Australia |
BEAUTY SLEEP | Registered | 380005 | 20-Aug-1982 | 09-Jan-1986 | 3 | ||||||||||||
Canada |
BEAUTY SLEEP | Registered | TMA155822 | 06-Jun-1967 | 305461 | 01-Mar-1968 | ||||||||||||
Chile |
BEAUTY SLEEP | Registered | 843756 | 843756 | 02-Jun-1978 | 3 | ||||||||||||
Chile |
BEAUTY SLEEP | Registered | 418684 | 522876 | 29-Sep-1998 | 3 | ||||||||||||
Denmark |
BEAUTY SLEEP | Registered | 1591/1968 | 4257/1967 | 21-Jun-1968 | 3 | ||||||||||||
France |
BEAUTY SLEEP | Registered | 1396312 | 18-Apr-1967 | 26629 | 27-Feb-1987 | 3 | |||||||||||
Guatemala |
BEAUTY SLEEP | Registered | 32770 | 08-Aug-1977 | 3 | |||||||||||||
New Zealand |
BEAUTY SLEEP | Registered | 143299 | 22-Jul-1982 | 143299 | 22-Jul-1982 | 3 | |||||||||||
United States of America |
BEAUTY SLEEP | Registered | 849,574 | 22-Mar-1967 | 72/267,325 | 21-May-1968 | 3 | |||||||||||
Switzerland |
BEAUTY SLEEP (WORDS IN PARTICULAR STYLE) | Registered | 361390 | 08-Jan-1968 | 3 | |||||||||||||
Armenia |
BLUE GRASS | Registered | 20250 | 17-Aug-2012 | 20121115 | 02-Aug-2013 | 3 | |||||||||||
Australia |
BLUE GRASS | Registered | 93647 | 08-Dec-1947 | 93,647 | 08-Dec-1947 | 3 | |||||||||||
Austria |
BLUE GRASS | Registered | 26463 | 24-Aug-1951 | |
AM 4201/51 |
|
23-Apr-1952 | 3 | |||||||||
Azerbaijan |
BLUE GRASS | Registered | 2014 0045 | 09-Aug-2012 | 20121179 | 14-Jan-2014 | 3 | |||||||||||
Brazil |
BLUE GRASS | Registered | 006482023 | 25-Nov-1976 | 3 | |||||||||||||
Canada |
BLUE GRASS | Registered | 05787 | 26-Dec-1935 | 167,437 | 26-Dec-1935 | ||||||||||||
Chile |
BLUE GRASS | Registered | 685436 | 13-Nov-2002 | 588,562 | 13-Nov-2004 | 3 | |||||||||||
Denmark |
BLUE GRASS | Registered | 184/1952 | 11-Sep-1951 | 1831/1951 | 02-Feb-1952 | 3 | |||||||||||
Dominican Republic |
BLUE GRASS | Registered | 20314 | 21-Feb-1972 | 50 | |||||||||||||
El Salvador |
BLUE GRASS | Registered | 20 Book 49 | 12-Jun-1973 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Finland |
BLUE GRASS | Renewed | 25954 | R200206744 | 23-Oct-1952 | 3 | ||||||||||||
France |
BLUE GRASS | Registered | 1482117 | 31-Oct-1963 | 516886 | 31-Oct-1963 | 3, 21 | |||||||||||
Honduras |
BLUE GRASS | Registered | 20482 | 17-Sep-1973 | 3 | |||||||||||||
Hong Kong |
BLUE GRASS | Registered | 19680489 | 15-Nov-1966 | 1124/66 | 15-Nov-1966 | 3 | |||||||||||
Hong Kong |
BLUE GRASS | Registered | 19680492 | 15-Nov-1966 | 1124/66 | 15-Nov-1966 | 5 | |||||||||||
Indonesia |
BLUE GRASS | Pending | 31-May-2015 | D00 2015 020194 | 03 | |||||||||||||
Ireland |
BLUE GRASS | Registered | 83897 | 31-Dec-1973 | 31-Dec-1973 | 3 | ||||||||||||
Israel |
BLUE GRASS | Registered | 20717 | 10-Apr-1962 | 23-May-1963 | 3 | ||||||||||||
Italy |
BLUE GRASS | Registered | 001269376 | 13-Nov-1997 | MI2007C001752 | 13-Nov-2007 | 3 | |||||||||||
Italy |
BLUE GRASS | Registered | 1210054 | 27-Jul-1956 | 06-Jun-1957 | 3 | ||||||||||||
Japan |
BLUE GRASS | Registered | 3055712 | 26-May-1992 | 117259/92 | 30-Jun-1995 | 3 | |||||||||||
Kazakhstan |
BLUE GRASS | Registered | 42580 | 02-Aug-2012 | 59042 | 26-Dec-2013 | 3 | |||||||||||
Korea, Republic of |
BLUE GRASS | Registered | 400287276 | 93-6417 | 24-Mar-1994 | 3, 18, 21 | ||||||||||||
Korea, Republic of |
BLUE GRASS | Registered | 40289244 | 93-6418 | 28-Apr-1994 | 13 | ||||||||||||
Lesotho |
BLUE GRASS | Registered | |
LS/M/ 97/00344 |
|
03-Jul-1997 | LS/M/97/00344 | 20-Sep-2000 | 3 | |||||||||
Monaco |
BLUE GRASS | Registered | 9819075 | 26-Jul-1957 | 19178 | 05-Jan-1998 | 3 | |||||||||||
New Zealand |
BLUE GRASS | Registered | 56303 | 04-Apr-1955 | 56303 | 04-Apr-1955 | 3 | |||||||||||
Norway |
BLUE GRASS | Registered | 42982 | 24-Jan-1992 | 1, 3, 5, 14, 18, 909 | |||||||||||||
Pakistan |
BLUE GRASS | Registered | 49781 | 23-Jul-1968 | 23-Jul-1968 | 3 | ||||||||||||
Panama |
BLUE GRASS | Registered | 108002 | 09-Jun-2000 | 108002 | 21-Sep-2001 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Paraguay |
BLUE GRASS | Registered | 407185 | 29-Dec-1994 | 3 | |||||||||||||
Peru |
BLUE GRASS | Registered | 42118 | 03-Aug-1976 | 3 | |||||||||||||
Singapore |
BLUE GRASS | Registered | 10739/95 | 08-Nov-1995 | 08-Nov-1995 | 3 | ||||||||||||
South Africa |
BLUE GRASS | Registered | 72/0948 | 08-Feb-1972 | 08-Feb-1972 | 3 | ||||||||||||
Swaziland |
BLUE GRASS | Registered | 840/96 | 19-Dec-1996 | 19-Dec-1996 | 3 | ||||||||||||
Sweden |
BLUE GRASS | Registered | 74931 | 74,931 | 23-Oct-1953 | 3 | ||||||||||||
Taiwan |
BLUE GRASS | Registered | 64094 | 01-Jul-1973 | 3 | |||||||||||||
Turkey |
BLUE GRASS | Registered | 087416 | 02-Oct-1975 | ||||||||||||||
United Kingdom |
BLUE GRASS | Registered | 1078244 | 09-May-1977 | 3, 5 | |||||||||||||
United States of America |
BLUE GRASS | Registered | 1625557 | 05-Mar-1990 | 74/035,165 | 04-Dec-1990 | 3 | |||||||||||
Vietnam |
BLUE GRASS | Registered | 244721 | 22-Aug-2012 | 4-2012-18545 | 11-May-2015 | 3 | |||||||||||
Denmark |
BLUE GRASS (CONTAINERS) | Registered | VR195400705 | 04-Feb-1954 | 329/1954 | 22-May-1954 | 3 | |||||||||||
Hong Kong |
BLUE GRASS (LAN CAO) IN CHINESE CHARACTERS | Registered | 2002B02546 | 27-Apr-2000 | 9223/2000 | 06-Mar-2002 | 3 | |||||||||||
China (Peoples Republic) |
BLUE GRASS (WORDS & DEVICE) | Registered | 608972 | 30-Aug-1992 | 3 | |||||||||||||
United Kingdom |
BLUE GRASS (WORDS & HORSE HEAD DEVICE) | Registered | 1364856 | 25-Nov-1988 | 1364856 | 25-Nov-1988 | 3 | |||||||||||
Benelux |
BLUE GRASS (WORDS IN PARTICULAR STYLE) | Registered | 568844 | 28-Apr-1995 | 847,269 | 28-Apr-1995 | 3 | |||||||||||
Costa Rica |
BLUE GRASS (WORDS IN PARTICULAR STYLE) | Registered | 38824 | 22-Oct-1968 | 3 | |||||||||||||
Uruguay |
BLUE GRASS (WORDS IN PARTICULAR STYLE) | Registered | 374809 | 17-Aug-1966 | 3 | |||||||||||||
Canada |
BLUE GRASS AND DESIGN | Registered | 368566 | 13-Dec-1988 | 621,207 | 11-May-1990 | ||||||||||||
Germany |
BLUE GRASS AND DESIGN | Registered | 1141606 | 24-Nov-1988 | |
A 45489/3 WZ |
|
21-Jun-1989 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Sweden |
BLUE GRASS FLOWER MIST (LABEL) | Registered | 110530 | 29-Nov-1963 | 6304441 | 31-Jul-1964 | 3 | |||||||||||
Sweden |
BLUE GRASS HORSE | Registered | 83933 | 17-Apr-1956 | 13-Dec-1957 | 3 | ||||||||||||
Finland |
BLUE GRASS HORSE WITH FLOWER WREATH (DEVICE) | Registered | 31169 | 24-Apr-1957 | 3 | |||||||||||||
China (Peoples Republic) |
BLUE GRASS IN CHINESE CHARACTERS I | Registered | 1580221 | 26-Apr-2000 | 2,000,055,777 | 07-Jun-2001 | 3 | |||||||||||
Taiwan |
BLUE GRASS IN CHINESE CHARACTERS I | Registered | 953753 | 02-May-2000 | 86,023,953 | 16-Aug-2001 | 3 | |||||||||||
Japan |
BLUE GRASS IN KATAKANA | Registered | 2622815 | 03-Mar-1989 | 23322/89 | 28-Feb-1994 | 4 | |||||||||||
Australia |
BLUE GRASS PERFUME MIST | Registered | 121974 | 08-Feb-1955 | 121974 | 13-Mar-1955 | 3 | |||||||||||
Switzerland |
BLUE GRASS PERFUME MIST | Registered | 276150 | 27-Mar-1955 | 3 | |||||||||||||
Trinidad and Tobago |
BLUE GRASS PERFUME MIST | Registered | 90/1955 | 05-May-1955 | 90/1955 | 05-May-1955 | 48 | |||||||||||
United Kingdom |
BLUE GRASS PERFUME MIST | Registered | 738273 | 18-Jan-1955 | 18-Jan-1955 | 3 | ||||||||||||
New Zealand |
BODY BASICS | Registered | 142785 | 17-Jun-1982 | 142785 | 17-Jun-1982 | 3 | |||||||||||
Costa Rica |
BYE LINES | Registered | 45734 | 27-Feb-1973 | 3 | |||||||||||||
Chile |
BYE-LINES | Registered | 802362 | 381665 | 22-Jun-1977 | 3 | ||||||||||||
Guatemala |
BYE-LINES | Registered | 32766 | 08-Aug-1977 | 3 | |||||||||||||
Nicaragua |
BYE-LINES | Registered | 6.805 C.C. | 19-Aug-1977 | 3 | |||||||||||||
Colombia |
CERAMIDE | Registered | 171362 | 94,041,351 | 24-Jan-1995 | 3 | ||||||||||||
Peru |
CERAMIDE | Registered | 11377 | 249,597 | 24-Nov-1994 | 3 | ||||||||||||
Taiwan |
CERAMIDE | Registered | 647845 | 82042835 | 16-Jul-1994 | 7 | ||||||||||||
Canada |
CERAMIDE ADVANCED TIME COMPLEX CAPSULES525243 | Registered | TMA525243 | 12-Mar-1997 | 839,154 | 17-Mar-2000 | ||||||||||||
Canada |
CERAMIDE EYES TIME COMPLEX CAPSULES | Registered | 412430 | 14-May-1993 | 699,368 | 14-May-1993 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Canada |
CERAMIDE LIFT | Registered | 489922 | 10-Mar-1997 | 838,800 | 13-Feb-1998 | ||||||||||||
Canada |
CERAMIDE NIGHT | Registered | 488232 | 24-Mar-1997 | 840,906 | 27-Jan-1998 | ||||||||||||
Japan |
CERAMIDE PLUMP PERFECT | Registered | 5224574 | 26-Jul-2008 | 2008064635 | 17-Apr-2009 | 3 | |||||||||||
Japan |
CERAMIDE PLUMP PERFECT | Published | 24-Nov-2008 | 2008095191 | ||||||||||||||
Russian Federation |
CERAMIDE PLUMP PERFECT | Registered | 398886 | 07-Aug-2008 | 2008725303 | 20-Jan-2010 | 3 | |||||||||||
Australia |
CERAMIDE PLUMP PERFECT | Registered | 1247530 | 20-Jun-2008 | 1247530 | 20-Jun-2008 | 3 | |||||||||||
Canada |
CERAMIDE PLUMP PERFECT | Registered | 655336 | 04-Feb-2005 | 1246177 | 16-Dec-2005 | ||||||||||||
European Community |
CERAMIDE PLUMP PERFECT | Registered | 004277455 | 07-Feb-2005 | 004277455 | 31-Mar-2006 | 3, 5 and 41 | |||||||||||
India |
CERAMIDE PLUMP PERFECT | Registered | 1703978 | 26-Jun-2008 | 1703978 | 26-Jun-2008 | 3 | |||||||||||
Korea, Republic of |
CERAMIDE PLUMP PERFECT | Registered | 803005 | 28-Jul-2008 | 40-2008-37159 | 08-Oct-2009 | 3 | |||||||||||
New Zealand |
CERAMIDE PLUMP PERFECT | Registered | 791537 | 20-Jun-2008 | 791537 | 20-Jun-2008 | 3 | |||||||||||
Singapore |
CERAMIDE PLUMP PERFECT | Registered | T0810851D | 12-Aug-2008 | T0810851D | 12-Aug-2008 | 3 | |||||||||||
South Africa |
CERAMIDE PLUMP PERFECT | Registered | 2008/17351 | 28-Jul-2008 | 2008/17351 | 31-Jan-2014 | 3 | |||||||||||
United Arab Emirates |
CERAMIDE PLUMP PERFECT | Registered | 134585 | 13-Oct-2008 | 120341 | 17-Mar-2011 | 3 | |||||||||||
United States of America |
CERAMIDE PLUMP PERFECT | Registered | 2841688 | 10-Sep-2002 | 78/162,524 | 11-May-2004 | Class 3 | |||||||||||
United States of America |
CERAMIDE PLUMP PERFECT | Registered | 3651045 | 05-Jan-2009 | 77643507 | 07-Jul-2009 | 3 | |||||||||||
Australia |
CERAMIDE TIME COMPLEX | Registered | 662375 | 30-May-1995 | 662375 | 30-May-1995 | 3 | |||||||||||
Brazil |
CERAMIDE TIME COMPLEX | Registered | 822012189 | 18-Feb-2000 | 822012189 | 20-Dec-2005 | 3 | |||||||||||
El Salvador |
CERAMIDE TIME COMPLEX | Registered | |
75 BOOK 19 |
|
27-Aug-1993 | 3 | |||||||||||
Canada |
CERAMIDE TIME COMPLEX CAPSULES | Registered | 396679 | 27-Jun-1990 | 667,649 | 03-Apr-1992 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Canada |
CERAMIDE TIME COMPLEX MOISTURE CREAM. | Registered | 446051 | 19-Jul-1994 | 759,768 | 11-Aug-1995 | 3 | |||||||||||
Argentina |
CITY SMART | Published | 07-Jul-2015 | 3.423.139 | 03 | |||||||||||||
Australia |
CITY SMART | Registered | 1705419 | 07-Jul-2015 | 1705419 | 03-Feb-2016 | 03 | |||||||||||
Australia |
CITY SMART | Pending | 07-Jul-2015 | 1705419 | 03 | |||||||||||||
Bahrain |
CITY SMART | Pending | 12-Jul-2015 | 110723 | 03 | |||||||||||||
Brazil |
CITY SMART | Published | 20-Jul-2015 | 909702039 | 03 | |||||||||||||
Canada |
CITY SMART | Published | 07-Jul-2015 | 1736059 | 03 | |||||||||||||
Chile |
CITY SMART | Published | 10-Jul-2015 | 1.162.006 | 03 | |||||||||||||
China (Peoples Republic) |
CITY SMART | Pending | 14-Jul-2015 | 17422387 | 3 | |||||||||||||
Colombia |
CITY SMART | Registered | 07-Jul-2015 | 15.156.121 | 22-Apr-2016 | 03 | ||||||||||||
Egypt |
CITY SMART | Pending | 13-Jul-2015 | 320872 | 03 | |||||||||||||
European Community |
CITY SMART | Registered | 14339873 | 07-Jul-2015 | 14339873 | 21-Oct-2015 | 3 | |||||||||||
Hong Kong |
CITY SMART | Registered | 303465577 | 07-Jul-2015 | 303465577 | 07-Jul-2015 | 3 | |||||||||||
India |
CITY SMART | Pending | 07-Jul-2015 | 3004342 | 03 | |||||||||||||
Indonesia |
CITY SMART | Pending | 15-Jul-2015 | |
D00 2015 030926 |
|
03 | |||||||||||
Israel |
CITY SMART | Pending | 07-Jul-2015 | 276,188 | 03 | |||||||||||||
Japan |
CITY SMART | Registered | 5814705 | 07-Jul-2015 | 2015-064299 | 18-Dec-2015 | 03 | |||||||||||
Jordan |
CITY SMART | Registered | 141302 | 09-Jul-2015 | 141302 | 09-Jul-2015 | 03 | |||||||||||
Korea, Republic of |
CITY SMART | Registered | 40-1156845 | 07-Jul-2015 | 40-2015-50468 | 25-Jan-2016 | 03 | |||||||||||
Kuwait |
CITY SMART | Pending | 16-Jul-2015 | 170465 | 03 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Lebanon |
CITY SMART | Registered | 166845 | 14-Jul-2015 | 36810 | 22-Jul-2015 | 03 | |||||||||||
Malaysia |
CITY SMART | Pending | 16-Jul-2015 | 2015061502 | 03 | |||||||||||||
Mexico |
CITY SMART | Registered | 1577045 | 07-Jul-2015 | 1630187 | 02-Oct-2015 | 03 | |||||||||||
Morocco |
CITY SMART | Registered | 168877 | 20-Jul-2015 | 168877 | 20-Jul-2015 | 03 | |||||||||||
New Zealand |
CITY SMART | Registered | 1022951 | 07-Jul-2015 | 1022951 | 12-Jun-2015 | 03 | |||||||||||
Norway |
CITY SMART | Registered | 284210 | 10-Jul-2015 | 201508585 | 25-Oct-2015 | 03 | |||||||||||
Oman |
CITY SMART | Pending | 26-Jul-2015 | 96591 | 03 | |||||||||||||
Panama |
CITY SMART | Pending | 09-Jul-2015 | 30303/2015 | 03 | |||||||||||||
Panama |
CITY SMART | Published | 14-Aug-2015 | 243343 | 3 | |||||||||||||
Paraguay |
CITY SMART | Pending | 09-Jul-2015 | 30303/2015 | 03 | |||||||||||||
Philippines |
CITY SMART | Pending | 07-Jul-2015 | 42015503696 | 03 | |||||||||||||
Qatar |
CITY SMART | Pending | 26-Jul-2015 | 98763 | 03 | |||||||||||||
Russian Federation |
CITY SMART | Published | 07-Jul-2015 | 2015720825 | 03 | |||||||||||||
Saudi Arabia |
CITY SMART | Published | 27-Jul-2015 | 1436021087 | 03 | |||||||||||||
Singapore |
CITY SMART | Registered | 40201513976Y | 12-Aug-2015 | 40201513976Y | 12-Aug-2015 | 03 | |||||||||||
South Africa |
CITY SMART | Pending | 07-Jul-2015 | 2015/18219 | 03 | |||||||||||||
Switzerland |
CITY SMART | Registered | 678749 | 08-Jul-2015 | 58127/2015 | 08-Jul-2015 | 03 | |||||||||||
Taiwan |
CITY SMART | Registered | 1746300 | 08-Jul-2015 | 104039569 | 01-Jan-2016 | 03 | |||||||||||
Thailand |
CITY SMART | Pending | 15-Jul-2015 | 994998 | 03 | |||||||||||||
Turkey |
CITY SMART | Published | 19-Jul-2015 | 2015/60270 | 03 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
United Arab Emirates |
CITY SMART | Registered | 273179 | 15-Jul-2015 | 273179 | 01-Feb-2016 | 03 | |||||||||||
United States of America |
CITY SMART | Published | 12-Jun-2015 | 86661230 | 03 Int. | |||||||||||||
Venezuela |
CITY SMART | Pending | 09-Jul-2015 | 2015/010097 | 03 | |||||||||||||
Vietnam |
CITY SMART | Published | 08-Jul-2015 | 4-2015-17903 | 03 | |||||||||||||
Benelux |
CLEAR THE WAY | Registered | 0,658,756 | 28-Sep-1999 | 946,973 | 28-Sep-1999 | 3 | |||||||||||
Canada |
CLEAR THE WAY | Registered | 593063 | 02-Nov-2000 | 1,081,645 | 24-Oct-2003 | ||||||||||||
Japan |
CLEAR THE WAY | Registered | 4406428 | 04-Oct-1999 | 89809/99 | 04-Aug-2000 | 3 | |||||||||||
United States of America |
CLEAR THE WAY | Registered | 2,456,314 | 02-Sep-1999 | 75/791,105 | 29-May-2001 | 3 | |||||||||||
United Arab Emirates |
COLOR INTRIGUE | Instructed | 134595 | 13-Oct-2008 | 120342 | 17-Mar-2011 | 3 | |||||||||||
Philippines |
CURVE | Published | 26-Aug-2015 | 42015504818 | 03 | |||||||||||||
United States of America |
DAUGHTERS OF BEAUTY | Registered | 3945912 | 11-Mar-2010 | 77956967 | 12-Apr-2011 | ||||||||||||
Brazil |
EA | Registered | 825996937 | 09-Dec-2003 | 825996937 | 23-Oct-2007 | 9 | |||||||||||
Canada |
EA | Registered | 451367 | 12-Jan-1995 | 774,012 | 01-Dec-1995 | 3 | |||||||||||
Paraguay |
EA | Registered | 407188 | 11-Nov-2003 | 29372 | 23-Jun-2004 | 9 | |||||||||||
United States of America |
EA | Registered | 1914462 | 25-Oct-1994 | 74/590,674 | 29-Aug-1995 | 3 | |||||||||||
Uruguay |
EA | Registered | 351310 | 19-Nov-2003 | 351310 | 21-Jun-2004 | 9 | |||||||||||
Colombia |
EA (LETTERSPARTICULAR STYLE) | Registered | 272425 | 22-Mar-1995 | 95,011,486 | 31-Jan-1997 | 3 | |||||||||||
Denmark |
EA (LETTERSPARTICULAR STYLE) | Registered | 2369/95 | 0891/95 | 07-Apr-1995 | 3 | ||||||||||||
Dominican Republic |
EA (LETTERSPARTICULAR STYLE) | Registered | 78019 | 11,031 | 15-Jun-1995 | 50 | ||||||||||||
El Salvador |
EA (LETTERSPARTICULAR STYLE) | Registered | 34/98 | 1373-95 | 14-Oct-1999 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Finland |
EA (LETTERSPARTICULAR STYLE) | Registered | 204397 | T199500699 | 14-Feb-1997 | 3 | ||||||||||||
Honduras |
EA (LETTERSPARTICULAR STYLE) | Registered | 63413 | 2456/95 | 07-Nov-1995 | 3 | ||||||||||||
Japan |
EA (LETTERSPARTICULAR STYLE) | Registered | 4001313 | 09-Feb-1995 | 11837/95 | 16-May-1997 | 3 | |||||||||||
Nicaragua |
EA (LETTERSPARTICULAR STYLE) | Registered | 29.219 C.C. | 95/00799 | 04-Sep-1995 | 3 | ||||||||||||
Saudi Arabia |
EA (LETTERSPARTICULAR STYLE) | Registered | 358/11 | 22-Feb-1995 | 28552 | 06-Nov-1995 | 3 | |||||||||||
South Africa |
EA (LETTERSPARTICULAR STYLE) | Registered | 199501596 | 07-Feb-1995 | 07-Feb-1995 | 3 | ||||||||||||
Spain |
EA (LETTERSPARTICULAR STYLE) | Registered | 929425 | 08-Jan-1981 | 20-Jan-1981 | 3 | ||||||||||||
Taiwan |
EA (LETTERSPARTICULAR STYLE) | Registered | 660026 | 83008745 | 01-Nov-1994 | 43 | ||||||||||||
Tanganyika |
EA (LETTERSPARTICULAR STYLE) | Registered | 23223 | 14-Feb-1995 | 14-Feb-1995 | 3 | ||||||||||||
United Kingdom |
EA (LETTERSPARTICULAR STYLE) | Registered | UK0002010869 | 13-Feb-1995 | 13-Feb-1995 | 3 | ||||||||||||
Uruguay |
EA (LETTERSPARTICULAR STYLE) | Registered | 377304 | 31-Jan-1997 | 3 | |||||||||||||
Bolivia |
EA (LETTERS -PARTICULAR STYLE) | Registered | 75393-C | SM-0627-95 | 19-Oct-1999 | 3 | ||||||||||||
Ireland |
EA (LETTERS -PARTICULAR STYLE) | Registered | 164057 | 03-Feb-1995 | 950,811 | 03-Feb-1995 | 3 | |||||||||||
Benelux |
EA (LETTERS-PARTICULAR STYLE) | Registered | 0563815 | 841,924 | 03-Feb-1995 | 3 | ||||||||||||
Iceland |
EA (LETTERS-PARTICULAR STYLE) | Registered | 657/1995 | 09-Feb-1995 | 189/1995 | 29-Jun-1995 | 3 | |||||||||||
Jordan |
EA (LETTERS-PARTICULAR STYLE) | Registered | 37977 | 07-Feb-1995 | 07-Feb-1995 | 3 | ||||||||||||
Kenya |
EA (LETTERS-PARTICULAR STYLE) | Registered | 42462 | 02-May-1995 | 42462 | 02-May-1995 | 3 | |||||||||||
United Arab Emirates |
EA (PARTICULAR STYLE) | Registered | 5969 | 13-Mar-1995 | 9554 | 13-Mar-1995 | 3 | |||||||||||
Canada |
EA (STYLIZED) I | Registered | 451649 | 30-Jan-1995 | 774014 | 08-Dec-1995 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Oman |
EA (STYLIZED) I | Registered | 11088 | 08-Feb-1995 | 11088 | 22-Jan-2002 | 3 | |||||||||||
Pakistan |
EA (STYLIZED) I | Registered | 129050 | 07-Mar-1995 | 129050 | 07-Mar-1995 | 3 | |||||||||||
Qatar |
EA (STYLIZED) I AND ARABIC | Registered | 12954 | 19-Feb-1995 | 12954 | 26-Feb-2002 | 3 | |||||||||||
Canada |
EA (STYLIZED) III | Registered | 228635 | 14-Feb-1977 | 407,214 | 23-Jun-1978 | ||||||||||||
Canada |
EA (STYLIZED) V | Registered | TMA161133 | 10-May-1968 | 313125 | 07-Feb-1969 | ||||||||||||
United States of America |
EA NY ELIZABETH ARDEN SPLENDOR (CONFIGURATION OF BOTTLE DESIGN) | Registered | 2453605 | 27-Aug-1998 | 75/543,611 | 22-May-2001 | 3 | |||||||||||
New Zealand |
EAU FRAICHE | Registered | 186982 | 06-Sep-1988 | 186982 | 06-Sep-1988 | 3 | |||||||||||
Argentina |
EIGHT HOUR | Registered | 2126221 | 1994502 | 09-Nov-2006 | 3 | ||||||||||||
Brazil |
EIGHT HOUR | Registered | 006312446 | 10-May-1976 | 3 | |||||||||||||
Canada |
EIGHT HOUR | Registered | TMA920848 | 14-Jul-2011 | 1535786 | 20-Nov-2015 | 3 | |||||||||||
Colombia |
EIGHT HOUR | Registered | 113385 | 04-Apr-1986 | 3 | |||||||||||||
Costa Rica |
EIGHT HOUR | Registered | 38821 | 22-Oct-1968 | 3 | |||||||||||||
El Salvador |
EIGHT HOUR | Registered | 86/120 | 08-Mar-1989 | 127 | |||||||||||||
European Community |
EIGHT HOUR | Registered | 010440618 | 18-Jun-2010 | 9185802 | 04-Nov-2012 | 3, 5, 44 | |||||||||||
European Community |
EIGHT HOUR | Published | 23-Nov-2011 | 010440618 | 3, 5, 44 | |||||||||||||
Italy |
EIGHT HOUR | Registered | 1043057 | 31-Oct-1963 | 11-Jan-1967 | 3 | ||||||||||||
Korea, Republic of |
EIGHT HOUR | Registered | 208716 | 89-17030 | 25-Jan-1991 | 3, 21 | ||||||||||||
Korea, Republic of |
EIGHT HOUR | Registered | 208715 | 89-17026 | 25-Jan-1991 | 3 | ||||||||||||
Mexico |
EIGHT HOUR | Registered | 184702 | 06-Feb-1974 | 06-Feb-1974 | 3 | ||||||||||||
Peru |
EIGHT HOUR | Registered | 55910 | 27-Dec-1984 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Philippines |
EIGHT HOUR | Registered | 42012501954 | 27-Jul-2012 | 42012501954 | 13-Dec-2012 | 3 | |||||||||||
Russian Federation |
EIGHT HOUR | Registered | 424837 | 15-Mar-2010 | 2010707810 | 06-Dec-2010 | 3 | |||||||||||
Serbia |
EIGHT HOUR | Registered | 59541 | 17-Feb-2009 | Z299/2009 | 16-Oct-2009 | 3 | |||||||||||
Singapore |
EIGHT HOUR | Registered | T1003455G | 23-Mar-2010 | T1003455G | 30-Dec-2014 | 3 | |||||||||||
South Africa |
EIGHT HOUR | Registered | 201005398 | 15-Mar-2010 | 201005398 | 15-Mar-2010 | 3 | |||||||||||
Spain |
EIGHT HOUR | Registered | 88897 | 03-Mar-1932 | 28-Jan-1933 | 3 | ||||||||||||
Taiwan |
EIGHT HOUR | Registered | 470853 | 78-24233 | 01-Jan-1990 | 6 | ||||||||||||
United Arab Emirates |
EIGHT HOUR | Registered | 134596 | 13-Oct-2008 | 120343 | 17-Mar-2011 | 3 | |||||||||||
United States of America |
EIGHT HOUR | Registered | 3861109 | 28-Apr-2010 | 85/025369 | 12-Oct-2010 | 3 | |||||||||||
Italy |
EIGHT HOUR (Stylized) | Registered | 0001568946 | 14-Oct-2013 | MI2013C009362 | 26-Nov-2013 | ||||||||||||
United States of America |
EIGHT HOUR (Stylized) | Registered | 539,292 | 23-Jun-1949 | 71/580,917 | 13-Mar-1951 | 3 | |||||||||||
Canada |
EIGHT HOUR CREAM | Registered | 348774 | 27-Mar-1987 | 580,900 | 09-Dec-1988 | 3 | |||||||||||
Denmark |
EIGHT HOUR CREAM | Registered | 1694/1946 | 1383/1946 | 02-Nov-1946 | 3, 5 | ||||||||||||
European Community |
EIGHT HOUR CREAM | Pending | 12-Jan-2016 | 14996508 | 3, 5 | |||||||||||||
Greece |
EIGHT HOUR CREAM | Registered | 28471 | 30-May-1962 | 28471 | 18-Apr-1963 | 3 | |||||||||||
France |
EIGHT-HOUR CREAM | Registered | 1338334 | 09-Mar-1961 | 13-Jan-1986 | 3 | ||||||||||||
African Intellectual Property Organization (OAPI) |
ELIZABETH ARDEN | Registered | 43,173 | 27-Oct-2000 | 32000 01541 | 27-Oct-2000 | 3 | |||||||||||
Andorra |
ELIZABETH ARDEN | Registered | 27045 | 13-Feb-2009 | 3 | |||||||||||||
Argentina |
ELIZABETH ARDEN | Registered | 1767431 | 2964697 | 09-Oct-1969 | 25 | ||||||||||||
Argentina |
ELIZABETH ARDEN | Registered | 3414975 | 14-Nov-2003 | 2475926 | 06-Jun-2005 | 9 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Armenia |
ELIZABETH ARDEN | Registered | 481 | 28-Dec-1995 | 0684 | 23-Dec-1996 | 3, 5, 10, 14, 15, 18 and 21 | |||||||||||
Armenia |
ELIZABETH ARDEN | Registered | 20244 | 03-Aug-2012 | 20121047 | 02-Aug-2013 | 3 | |||||||||||
Australia |
ELIZABETH ARDEN | Registered | 71654 | 30-Dec-1937 | 71654 | 30-Dec-1937 | 3 | |||||||||||
Australia |
ELIZABETH ARDEN | Registered | 201786 | 30-Dec-1937 | 201,786 | 30-Dec-1937 | 5 | |||||||||||
Australia |
ELIZABETH ARDEN | Registered | 201787 | 30-Dec-1937 | 201,787 | 30-Dec-1937 | 21 | |||||||||||
Australia |
ELIZABETH ARDEN | Registered | 366966 | 16-Oct-1981 | 366966 | 19-Jul-1984 | 42 | |||||||||||
Australia |
ELIZABETH ARDEN | Registered | 71654 | 30-Dec-1937 | 3 | |||||||||||||
Australia |
ELIZABETH ARDEN | Pending | 14-Apr-2016 | 1764841 | 35 | |||||||||||||
Austria |
ELIZABETH ARDEN | Registered | 25820 | 30-Sep-1947 | 3 | |||||||||||||
Azerbaijan |
ELIZABETH ARDEN | Registered | 971691 | 31-Aug-2000 | 3 | |||||||||||||
Azerbaijan |
ELIZABETH ARDEN | Registered | 20140152 | 09-Aug-2012 | 20121172 | 23-Jan-2014 | 3 | |||||||||||
Barbados |
ELIZABETH ARDEN | Registered | 81/5193 | 11-Jul-1975 | 11-Jul-1975 | 3 | ||||||||||||
Belize |
ELIZABETH ARDEN | Registered | 454107 | 03-Apr-2007 | 07004541 | 11-Sep-2007 | 3, 44 | |||||||||||
Benelux |
ELIZABETH ARDEN | Registered | 629,037 | 14-May-1998 | 915,980 | 09-Oct-1998 | 3, 5, 9 | |||||||||||
Benelux |
ELIZABETH ARDEN | Registered | 25407 | 07-Apr-1971 | 3, 5, 8, 14, 16, 21 | |||||||||||||
Bermuda |
ELIZABETH ARDEN | Registered | 10156 | 25-Jan-1984 | 25-Jan-1984 | 3 | ||||||||||||
Bolivia |
ELIZABETH ARDEN | Registered | 87607 | 24-Oct-1972 | 27500 | 24-Oct-1972 | 3 | |||||||||||
Botswana |
ELIZABETH ARDEN | Registered | |
BW/M/ 97/00140 |
|
29-May-1997 | |
BW/M/ 97/00140 |
|
29-May-1997 | 3 | |||||||
Brazil |
ELIZABETH ARDEN | Registered | 814301290 | 814301290 | 28-Aug-1990 | 3 | ||||||||||||
Brazil |
ELIZABETH ARDEN | Registered | 825996929 | 09-Dec-2003 | 825996929 | 20-May-2008 | 9 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Brunei Darussalam |
ELIZABETH ARDEN | Registered | 38472 | 27-Feb-2007 | 38472 | 27-Feb-2007 | 3, 42 | |||||||||||
Bulgaria |
ELIZABETH ARDEN | Registered | 14310 | 02-Sep-1983 | 1147 | 26-Apr-1984 | 3 | |||||||||||
Cambodia |
ELIZABETH ARDEN | Registered | 1976 | 09-Nov-1992 | 1978 | 04-Dec-1992 | 3 | |||||||||||
Canada |
ELIZABETH ARDEN | Registered | 43077 | 137,513 | 17-Dec-1927 | 3 | ||||||||||||
Canada |
ELIZABETH ARDEN | Registered | TMA48280 | 149701 | 20-Dec-1929 | |||||||||||||
Canada |
ELIZABETH ARDEN | Published | 24-May-2012 | 1579074 | ||||||||||||||
Canada |
ELIZABETH ARDEN | Registered | TMA881418 | 27-Jun-2011 | 1533510 | 08-Jul-2014 | 25 Int. | |||||||||||
Chile |
ELIZABETH ARDEN | Registered | 836292 | 411520 | 12-Apr-1927 | 3 | ||||||||||||
China (Peoples Republic) |
ELIZABETH ARDEN | Registered | 840164 | 92,080,300 | 21-May-1996 | 3 | ||||||||||||
China (Peoples Republic) |
ELIZABETH ARDEN | Registered | 1515785 | 9,900,119,713 | 28-Jan-2001 | 5 | ||||||||||||
China (Peoples Republic) |
ELIZABETH ARDEN | Registered | 1507575 | 10-Oct-1999 | 9,900,119,714 | 14-Jan-2001 | 18 | |||||||||||
China (Peoples Republic) |
ELIZABETH ARDEN | Registered | 1513026 | 9,900,119,715 | 28-Jan-2001 | 21 | ||||||||||||
China (Peoples Republic) |
ELIZABETH ARDEN | Registered | 1505318 | 9,900,119,716 | 14-Jan-2001 | 25 | ||||||||||||
China (Peoples Republic) |
ELIZABETH ARDEN | Registered | 1467571 | 25-Aug-1999 | 9,900,100,764 | 28-Oct-2000 | 42 | |||||||||||
China (Peoples Republic) |
ELIZABETH ARDEN | Pending | 23-Jul-2015 | 17494254 | 21 | |||||||||||||
China (Peoples Republic) |
ELIZABETH ARDEN | Pending | 18-Apr-2016 | 35 | ||||||||||||||
Colombia |
ELIZABETH ARDEN | Registered | 70958 | 92,318,469 | 25-Mar-1970 | 3 | ||||||||||||
Colombia |
ELIZABETH ARDEN | Registered | 113071 | 26-Feb-1986 | 5 | |||||||||||||
Colombia |
ELIZABETH ARDEN | Registered | 155362 | 304,981 | 30-Mar-1994 | 18 | ||||||||||||
Colombia |
ELIZABETH ARDEN | Registered | 180697 | 28-Jun-1989 | 92-304,982 | 17-Jul-1995 | 25 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Costa Rica |
ELIZABETH ARDEN | Registered | 50747 | 05-Jan-1942 | 3 | |||||||||||||
Cuba |
ELIZABETH ARDEN | Instructed | 15-Apr-2016 | 2016-0620 | 3 | |||||||||||||
Curacao |
ELIZABETH ARDEN | Registered | 16886 | 24-Apr-2014 | 140189 | 27-Jul-2014 | 03 Int. | |||||||||||
Cyprus, Republic of |
ELIZABETH ARDEN | Registered | 72527 | 30-May-2006 | 72527 | 30-May-2006 | 3 | |||||||||||
Denmark |
ELIZABETH ARDEN | Registered | 109/1944 | 07-Jan-1944 | 26/1944 | 12-Feb-1944 | 3 | |||||||||||
Dominican Republic |
ELIZABETH ARDEN | Registered | 2259 | 14-Feb-1929 | 50 | |||||||||||||
Ecuador |
ELIZABETH ARDEN | Registered | 407-82 | 28-Jan-1982 | 5 | |||||||||||||
Ecuador |
ELIZABETH ARDEN | Registered | 2036 | 05-Jan-1982 | 3 | |||||||||||||
El Salvador |
ELIZABETH ARDEN | Registered | |
2346 Book 08 |
|
11-Jul-1952 | 1505 | 19-Jul-1972 | 03 | |||||||||
Estonia |
ELIZABETH ARDEN | Registered | 29312 | 9800045 | 16-Aug-1999 | 3 | ||||||||||||
European Community |
ELIZABETH ARDEN | Registered | 9195108 | 22-Jun-2010 | 9195108 | 11-Oct-2011 | 3, 5, 9, 14, 18, 21, 24, 25, 35, 42, 44 | |||||||||||
European Community |
ELIZABETH ARDEN | Registered | 14032528 | 06-May-2015 | 14032528 | 27-Aug-2015 | 21 Int. | |||||||||||
Finland |
ELIZABETH ARDEN | Registered | 16511 | 25-May-1938 | 3 | |||||||||||||
Finland |
ELIZABETH ARDEN | Registered | 32045 | 03-Jan-1958 | 3, 5 | |||||||||||||
France |
ELIZABETH ARDEN | Registered | 1482116 | 31-Oct-1963 | 516882 | 31-Oct-1963 | 3, 21 | |||||||||||
France |
ELIZABETH ARDEN | Registered | 1476706 | 22-Feb-1968 | 39670 | 22-Feb-1968 | 3, 21, 41, 42 | |||||||||||
Georgia |
ELIZABETH ARDEN | Registered | 3963 | 8797/03 | 14-Nov-1996 | 3, 5, 10, 14, 16 and 18 | ||||||||||||
Germany |
ELIZABETH ARDEN | Registered | 440822 | 17-Sep-1931 | A 24 522 | 23-Dec-1931 | 3, 5, 8, 9, 10, | |||||||||||
Ghana |
ELIZABETH ARDEN | Pending | 15-Jul-2009 | 3 | ||||||||||||||
Greece |
ELIZABETH ARDEN | Published | 06-Apr-2016 | 236970 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Guatemala |
ELIZABETH ARDEN | Registered | 2726 | 11-May-2027 | 3 | |||||||||||||
Guyana |
ELIZABETH ARDEN | Registered | 9758A | 02-Aug-1975 | 02-Aug-1975 | 3 | ||||||||||||
Honduras |
ELIZABETH ARDEN | Registered | 20481 | 17-Sep-1973 | 3 | |||||||||||||
Hong Kong |
ELIZABETH ARDEN | Registered | 19710107 | 15-Nov-1966 | 1124/66 | 15-Nov-1966 | 3 | |||||||||||
Hong Kong |
ELIZABETH ARDEN | Registered | 19710110 | 15-Nov-1966 | 1124/66 | 15-Nov-1966 | 5 | |||||||||||
Hong Kong |
ELIZABETH ARDEN | Registered | 199601926 | 17-Jan-1994 | 562/94 | 17-Jan-1994 | 42 | |||||||||||
Hong Kong |
ELIZABETH ARDEN | Registered | 200100717aa | 13-Jul-1996 | ||||||||||||||
India |
ELIZABETH ARDEN | Registered | 85175 | 26-Aug-1943 | 26-Aug-1943 | 3 | ||||||||||||
India |
ELIZABETH ARDEN | Registered | 85179 | 26-Aug-1943 | 26-Aug-1943 | 3 | ||||||||||||
India |
ELIZABETH ARDEN | Registered | 1807656 | 16-Apr-2009 | 01807656 | 23-Feb-2011 | 3 | |||||||||||
India |
ELIZABETH ARDEN | Registered | 2031893 | 01-Oct-2010 | 35, 45 | |||||||||||||
Indonesia |
ELIZABETH ARDEN | Registered | IDM000040278 | 12-May-1995 | D95 8071 | 12-Sep-1996 | 3 | |||||||||||
Indonesia |
ELIZABETH ARDEN | Registered | IDM000180816 | 15-Oct-1998 | D98 17637 | 25-May-2000 | 9 | |||||||||||
Iran (Islamic Republic of) |
ELIZABETH ARDEN | Registered | 3104/4180 | 30-Dec-1947 | 3, 5 | |||||||||||||
Ireland |
ELIZABETH ARDEN | Registered | 36901 | 05-Mar-1930 | NONE | 05-Mar-1930 | 3, 5, 18, 21 | |||||||||||
Israel |
ELIZABETH ARDEN | Registered | 3926 | 13-Sep-1935 | 23-Mar-1937 | 3 | ||||||||||||
Israel |
ELIZABETH ARDEN | Registered | 3918 | 13-Sep-1935 | 03-Mar-1937 | 5 | ||||||||||||
Italy |
ELIZABETH ARDEN | Registered | 1043062 | 09-Oct-1963 | 05-Dec-1966 | 3 | ||||||||||||
Japan |
ELIZABETH ARDEN | Registered | 3107514 | 23-Aug-1993 | 86383/93 | 26-Dec-1995 | 1 | |||||||||||
Japan |
ELIZABETH ARDEN | Registered | 416591 | 03-Jul-1951 | 13694/51 | 26-Sep-1952 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Japan |
ELIZABETH ARDEN | Registered | 234908 | 15-Dec-1931 | 21572/31 | 30-May-1932 | 4 | |||||||||||
Japan |
ELIZABETH ARDEN | Registered | 3206593 | 20-Aug-1993 | 86384/93 | 31-Oct-1996 | 5 | |||||||||||
Japan |
ELIZABETH ARDEN | Registered | 423358 | 03-Jul-1951 | 13695/51 | 27-Mar-1953 | 3 | |||||||||||
Japan |
ELIZABETH ARDEN | Registered | 2715199 | 31-Mar-1992 | 46578/92 | 31-Jul-1996 | 19 | |||||||||||
Japan |
ELIZABETH ARDEN | Registered | 2720994 | 31-Mar-1992 | 46579/92 | 25-Apr-1997 | 14, 20 and 24 | |||||||||||
Japan |
ELIZABETH ARDEN | Registered | 2373881 | 12-Jul-1989 | 78508/89 | 31-Jan-1992 | 21, 24, 25 | |||||||||||
Japan |
ELIZABETH ARDEN | Registered | 1511409 | 01-Dec-1978 | 87378/78 | 30-Apr-1982 | 3, 6, 8, 10, 14, 18, 21, 25 & 26 | |||||||||||
Japan |
ELIZABETH ARDEN | Registered | 3182217 | 20-Aug-1993 | 86385/93 | 31-Jul-1996 | 21 | |||||||||||
Japan |
ELIZABETH ARDEN | Registered | 2388277 | 12-Jul-1989 | 78509/89 | 31-Mar-1992 | 22 | |||||||||||
Japan |
ELIZABETH ARDEN | Registered | 2459312 | 12-Jul-1989 | 78510/89 | 30-Sep-1992 | 9, 14 | |||||||||||
Japan |
ELIZABETH ARDEN | Registered | 2706395 | 30-Mar-1992 | 43172/92 | 28-Apr-1995 | 16 | |||||||||||
Japan |
ELIZABETH ARDEN | Registered | 2706396 | 30-Mar-1992 | 43173/92 | 28-Apr-1995 | 16 | |||||||||||
Japan |
ELIZABETH ARDEN | Registered | 3197293 | 20-Aug-1993 | 86386/93 | 30-Sep-1996 | 26 | |||||||||||
Japan |
ELIZABETH ARDEN | Registered | 3351312 | 23-Apr-1993 | 41768/93 | 09-Oct-1997 | 41 | |||||||||||
Japan |
ELIZABETH ARDEN | Registered | 4000114 | 23-Aug-1993 | 86387/93 | 02-May-1997 | 41 | |||||||||||
Japan |
ELIZABETH ARDEN | Registered | 3,324,958 | 20-Aug-1993 | 86388/93 | 20-Jun-1997 | 42 | |||||||||||
Japan |
ELIZABETH ARDEN | Registered | 5601712 | 20-Sep-2012 | 2012076020 | 26-Jul-2013 | ||||||||||||
Jordan |
ELIZABETH ARDEN | Registered | 21871 | 03-Sep-1983 | 21871 | 03-Sep-1983 | 3 | |||||||||||
Kazakhstan |
ELIZABETH ARDEN | Registered | 44222 | 02-Aug-2012 | 59035 | 17-Apr-2014 | 3 | |||||||||||
Kenya |
ELIZABETH ARDEN | Registered | 49263 | 29-Aug-1983 | 29-Aug-1983 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Korea, Republic of |
ELIZABETH ARDEN | Registered | 474865 | 40-1998-27487 | 08-Aug-2000 | 9 | ||||||||||||
Korea, Republic of |
ELIZABETH ARDEN | Registered | 4038312 | 30-Jul-1974 | 3, 8, 18, 21 | |||||||||||||
Korea, Republic of |
ELIZABETH ARDEN | Registered | 35516 | 1972-358 | 01-Feb-1974 | 13 | ||||||||||||
Kyrgyz Republic |
ELIZABETH ARDEN | Registered | 2,483 | 27,788 | 28-Mar-1995 | 3, 5, 10, 14, 36, 18 | ||||||||||||
Latvia |
ELIZABETH ARDEN | Registered | M19082 | 30-Jun-1993 | 3 | |||||||||||||
Lebanon |
ELIZABETH ARDEN | Registered | 95190 | 10-Sep-1958 | 8083 | 10-Sep-1958 | 3 | |||||||||||
Lesotho |
ELIZABETH ARDEN | Registered | |
LS/M/ 97/00337 |
|
27-Jun-1997 | |
LS/M/ 97/00337 |
|
13-Sep-2000 | 3 | |||||||
Liberia |
ELIZABETH ARDEN | Registered | 4199913 | 4199/913 | 04-Jan-1984 | 3 | ||||||||||||
Libya |
ELIZABETH ARDEN | Pending | 18-Jan-2009 | 16896 | 3 | |||||||||||||
Lithuania |
ELIZABETH ARDEN | Registered | 35,639 | 12-Jan-1998 | 98-0063 | 08-Nov-1999 | 3 | |||||||||||
Macau |
ELIZABETH ARDEN | Registered | N/080374 | 05-Nov-2013 | N/080374 | 13-May-2014 | 03 | |||||||||||
Malaysia |
ELIZABETH ARDEN | Registered | M/002651 | 06-Jan-1951 | M2651 | 15-Sep-1951 | 3 | |||||||||||
Malaysia |
ELIZABETH ARDEN | Registered | M/002178 | 16-Dec-1950 | 16-Dec-1951 | 3 | ||||||||||||
Malaysia |
ELIZABETH ARDEN | Registered | 9902484 | 23-Mar-1999 | 99/02484 | 23-Mar-1999 | 9 | |||||||||||
Mexico |
ELIZABETH ARDEN | Registered | 35395 | 10-Jun-1935 | 7925 | 10-Jun-1935 | 3 | |||||||||||
Mexico |
ELIZABETH ARDEN | Registered | 35511 | 10-Jun-1935 | 7926 | 10-Jun-1935 | 3 | |||||||||||
Mexico |
ELIZABETH ARDEN | Registered | 35911 | 19-Nov-1935 | 8619 | 19-Nov-1935 | 5, 6, 9, 15, 16, 18, 20, 21, 22 | |||||||||||
Mexico |
ELIZABETH ARDEN | Registered | 921788 | 25-Apr-2005 | 713998 | 27-Feb-2006 | 25 | |||||||||||
Moldova |
ELIZABETH ARDEN | Registered | 3551 | 30-Dec-1994 | 004316 | 20-Dec-1995 | ||||||||||||
Namibia |
ELIZABETH ARDEN | Registered | 96/0047 | 11-Jan-1996 | 96/0047 | 08-Feb-2000 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Namibia |
ELIZABETH ARDEN | Registered | 96/0651 | 03-Jun-1996 | 96/0651 | 20-Sep-2001 | 5 | |||||||||||
Netherlands Antilles |
ELIZABETH ARDEN | Registered | 2698 | 27-Sep-1983 | D-8311 | 31-Dec-2001 | ||||||||||||
New Zealand |
ELIZABETH ARDEN | Registered | 312033 | 02-Jul-1999 | 312033 | 05-Jan-2000 | 3 | |||||||||||
New Zealand |
ELIZABETH ARDEN | Registered | 36484 | 27-Jan-1938 | 36484 | 27-Jan-1938 | 3 | |||||||||||
New Zealand |
ELIZABETH ARDEN | Pending | 14-Apr-2016 | 1041045 | ||||||||||||||
Nicaragua |
ELIZABETH ARDEN | Registered | 8539 | 24-Sep-1956 | 3 | |||||||||||||
Pakistan |
ELIZABETH ARDEN | Registered | 5098 | 26-Aug-1943 | 26-Aug-1943 | 3 | ||||||||||||
Panama |
ELIZABETH ARDEN | Registered | 2009 | 25-Sep-1929 | 25-Sep-2029 | 3 | ||||||||||||
Papua New Guinea |
ELIZABETH ARDEN | Registered | A2429R | 16-Sep-1975 | 16-Sep-1975 | 3 | ||||||||||||
Paraguay |
ELIZABETH ARDEN | Registered | 301808 | 24-Jun-1997 | 25 | |||||||||||||
Paraguay |
ELIZABETH ARDEN | Registered | 301809 | 24-Jun-1997 | 3 | |||||||||||||
Paraguay |
ELIZABETH ARDEN | Registered | 407186 | 11-Nov-2003 | 29373 | 20-May-2004 | 9 | |||||||||||
Peru |
ELIZABETH ARDEN | Registered | 10902 | 491956 | 09-May-1972 | 3 | ||||||||||||
Peru |
ELIZABETH ARDEN | Registered | 9982 | 501673 | 11-Aug-1992 | 42 | ||||||||||||
Philippines |
ELIZABETH ARDEN | Registered | 42009500210 | 20-Apr-2009 | 4-2009-500210 | 18-Feb-2010 | 3 | |||||||||||
Poland |
ELIZABETH ARDEN | Registered | 28245 | 03-Nov-1936 | Z 40049 | 03-Jul-1937 | 3, 5 | |||||||||||
Poland |
ELIZABETH ARDEN | Registered | 230044 | 21-Apr-2009 | Z-354930 | 21-Jul-2010 | 3 | |||||||||||
Portugal |
ELIZABETH ARDEN | Registered | 137931 | 21-Oct-1926 | 3 | |||||||||||||
Portugal |
ELIZABETH ARDEN | Registered | 145526 | 64230 | 26-Nov-1997 | 3 | ||||||||||||
Portugal |
ELIZABETH ARDEN | Registered | 145527 | 64,231 | 26-Nov-1947 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Portugal |
ELIZABETH ARDEN | Registered | 145528 | 64,232 | 26-Nov-1947 | 3 | ||||||||||||
Portugal |
ELIZABETH ARDEN | Registered | 145529 | 64,233 | 26-Nov-1997 | 3 | ||||||||||||
Portugal |
ELIZABETH ARDEN | Registered | 145530 | 64,234 | 26-Nov-1997 | 3 | ||||||||||||
Puerto Rico |
ELIZABETH ARDEN | Registered | 2639 | 18-Nov-1927 | 18-Nov-1997 | 3 | ||||||||||||
Russian Federation |
ELIZABETH ARDEN | Registered | 21927 | 17-Jul-1990 | 27788 | 17-Jul-1990 | 3, 5, 10, 14, 16, 18 | |||||||||||
Saudi Arabia |
ELIZABETH ARDEN | Registered | 222/33 | 27-Jan-1990 | 10701 | 23-Jul-1990 | 3 | |||||||||||
Singapore |
ELIZABETH ARDEN | Registered | 2,178 | 16-Jun-1939 | 2,178 | 16-Jun-1939 | 3 | |||||||||||
Singapore |
ELIZABETH ARDEN | Registered | 2,651 | 06-Jul-1939 | 06-Jul-1939 | 3 | ||||||||||||
Singapore |
ELIZABETH ARDEN | Registered | 2,650 | 06-Jul-1939 | 06-Jul-1939 | 5 | ||||||||||||
South Africa |
ELIZABETH ARDEN | Registered | 38/825 | 23-Jun-1938 | 12-Sep-1939 | 5 | ||||||||||||
South Africa |
ELIZABETH ARDEN | Registered | 456/38/2 | 26-Mar-1938 | 26-Mar-1938 | 21 | ||||||||||||
South Africa |
ELIZABETH ARDEN | Registered | 38/456/1 | 26-Mar-1938 | 3 | |||||||||||||
Spain |
ELIZABETH ARDEN | Registered | 24075 | 10-Jan-1948 | 22-Apr-1988 | 3, 35 | ||||||||||||
Spain |
ELIZABETH ARDEN | Registered | 61561 | 10-Dec-1925 | 16-Oct-1926 | 3 | ||||||||||||
Spain |
ELIZABETH ARDEN | Registered | 885076 | 02-Aug-1978 | 20-Jul-1979 | 9 | ||||||||||||
Spain |
ELIZABETH ARDEN | Registered | 929429 | 05-Mar-1981 | 929429 | 08-Jan-2001 | 14 | |||||||||||
Spain |
ELIZABETH ARDEN | Registered | 916885 | 20-Aug-1979 | NONE | 05-Jul-1980 | 18 | |||||||||||
Swaziland |
ELIZABETH ARDEN | Registered | 841/96 | 19-Dec-1996 | 19-Dec-1996 | 3 | ||||||||||||
Sweden |
ELIZABETH ARDEN | Registered | 88172 | 02-Jun-1959 | 30-Oct-1959 | 3, 5 | ||||||||||||
Sweden |
ELIZABETH ARDEN | Registered | 180754 | 14-Oct-1981 | 81-5440 | 26-Mar-1982 | 42 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Switzerland |
ELIZABETH ARDEN | Registered | 344363 | 06-Jan-1926 | 3 | |||||||||||||
Taiwan |
ELIZABETH ARDEN | Registered | 539549 | 89062789 | 01-Nov-1991 | 6 | ||||||||||||
Taiwan |
ELIZABETH ARDEN | Registered | 527004 | 79-47805 | 01-Jul-1991 | 7 | ||||||||||||
Taiwan |
ELIZABETH ARDEN | Registered | 998141 | 19-Mar-1999 | 88011932 | 16-May-2002 | 9 | |||||||||||
Taiwan |
ELIZABETH ARDEN | Registered | 660021 | 83004297 | 01-Nov-1994 | 43 | ||||||||||||
Tajikistan |
ELIZABETH ARDEN | Registered | 2068 | 15-May-1995 | 95,003,053 | 15-May-1995 | 3, 5, 10, 14, 16, 18, 21 | |||||||||||
Thailand |
ELIZABETH ARDEN | Registered | KOR120745 | 01-Oct-1998 | 370,931 | 01-Oct-1998 | 9 | |||||||||||
Trinidad and Tobago |
ELIZABETH ARDEN | Registered | 9121 | 05-Aug-1975 | 9121 | 05-Aug-1975 | 48 | |||||||||||
Tunisia |
ELIZABETH ARDEN | Pending | 21-Sep-2007 | EE072366 | 3, 44 | |||||||||||||
Turkmenistan |
ELIZABETH ARDEN | Registered | 2545 | 17-Jul-1962 | 1 (1093 | ) | 31-Aug-1998 | |||||||||||
Turks and Caicos Islands |
ELIZABETH ARDEN | Registered | 13729 | 21-Oct-2004 | 13729 | 08-Mar-2005 | 3 | |||||||||||
Turks and Caicos Islands |
ELIZABETH ARDEN | Registered | 13730 | 21-Oct-2004 | 13730 | 08-Mar-2005 | 9 | |||||||||||
Uganda |
ELIZABETH ARDEN | Registered | 22375 | 05-May-1999 | 05-May-1999 | 3 | ||||||||||||
Ukraine |
ELIZABETH ARDEN | Registered | 3822 | 28-Feb-1994 | 3, 5, 10, 14, 16, 18 | |||||||||||||
United Arab Emirates |
ELIZABETH ARDEN | Registered | 30892 | 18-Apr-1999 | 30,892 | 18-Apr-1999 | 3 | |||||||||||
United Arab Emirates |
ELIZABETH ARDEN | Pending | 23-Dec-2014 | 223812 | 03 Int. | |||||||||||||
United Kingdom |
ELIZABETH ARDEN | Registered | 511125 | 13-Mar-1930 | 13-Mar-1930 | 3 | ||||||||||||
United Kingdom |
ELIZABETH ARDEN | Registered | 494,643 | 31-Aug-1928 | 31-Aug-1928 | 3 | ||||||||||||
United Kingdom |
ELIZABETH ARDEN | Registered | 505647 | 29-Aug-1929 | 29-Aug-1929 | 8, 14, 16, 18 and 21 | ||||||||||||
United Kingdom |
ELIZABETH ARDEN | Registered | 1,459,804 | 28-Mar-1991 | 28-Mar-1991 | 42 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
United States of America |
ELIZABETH ARDEN | Registered | 1579710 | 23-Jan-1989 | 73/776,361 | 30-Jan-1990 | 3 | |||||||||||
United States of America |
ELIZABETH ARDEN | Registered | 545592 | 12-Jan-1950 | 71/590,731 | 24-Jul-1951 | 3 | |||||||||||
United States of America |
ELIZABETH ARDEN | Registered | 545890 | 11-Jul-1949 | 71/581,848 | 31-Jul-1951 | 3 | |||||||||||
United States of America |
ELIZABETH ARDEN | Registered | 1073947 | 01-Nov-1976 | 73/104,951 | 27-Sep-1977 | 9 | |||||||||||
United States of America |
ELIZABETH ARDEN | Registered | 1656519 | 09-Jan-1990 | 74/017,600 | 10-Sep-1991 | 14, 18 | |||||||||||
United States of America |
ELIZABETH ARDEN | Registered | 1577216 | 26-Jan-1989 | 73/777,845 | 16-Jan-1990 | 3 | |||||||||||
United States of America |
ELIZABETH ARDEN | Registered | 557022 | 14-Jul-1949 | 71/581,927 | 01-Apr-1952 | 42 | |||||||||||
United States of America |
ELIZABETH ARDEN | Registered | 3069443 | 05-Mar-2004 | 78976610 | 14-Mar-2006 | 3 | |||||||||||
United States of America |
ELIZABETH ARDEN | Registered | 3651009 | 30-Dec-2008 | 77641564 | 07-Jul-2009 | 20, 24 | |||||||||||
United States of America |
ELIZABETH ARDEN | Registered | 3695951 | 07-May-2009 | 77/731894 | 13-Oct-2009 | 35 | |||||||||||
United States of America |
ELIZABETH ARDEN | Registered | 4023348 | 12-Nov-2009 | 77871020 | 06-Sep-2011 | 35 | |||||||||||
United States of America |
ELIZABETH ARDEN | Published | 05-May-2015 | 86619958 | 21 Int. | |||||||||||||
Uruguay |
ELIZABETH ARDEN | Registered | 457032 | 19-Nov-2003 | 351309 | 02-Aug-2004 | 9 | |||||||||||
Vietnam |
ELIZABETH ARDEN | Registered | 235682 | 13-Aug-2012 | 4201217785 | 19-Nov-2014 | 3 | |||||||||||
West Bank |
ELIZABETH ARDEN | Registered | 15815 | 28-Jan-2009 | 15815 | 13-Apr-2011 | 3 | |||||||||||
Yemen, Republic of |
ELIZABETH ARDEN | Registered | 11837 | 15-Jul-1999 | 14439 | 16-May-2000 | 3 | |||||||||||
Zanzibar |
ELIZABETH ARDEN | Registered | 361986 | 02-Nov-1983 | 02-Nov-1983 | 48 | ||||||||||||
Zimbabwe |
ELIZABETH ARDEN | Registered | 126/1937 | 18-Feb-1938 | 18-Feb-1938 | 3 and 48 | ||||||||||||
Ecuador |
ELIZABETH ARDEN (COMMERCIAL NAME) | Registered | 61/75 | 31-Jan-1975 | 16-Jul-1975 | |||||||||||||
Colombia |
ELIZABETH ARDEN (LABEL) | Registered | 141149 | 12-Dec-1992 | 237936 | 20-May-1993 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Colombia |
ELIZABETH ARDEN (LABEL) | Registered | 106153 | 03-Jul-1984 | 3 | |||||||||||||
Colombia |
ELIZABETH ARDEN (LABEL) | Registered | 168989 | 315796 | 21-Nov-1994 | 3 | ||||||||||||
Colombia |
ELIZABETH ARDEN (LABEL) | Registered | 113404 | 07-Apr-1986 | 5 | |||||||||||||
Argentina |
ELIZABETH ARDEN (STYLIZED) I | Registered | 3477917 | 07-Sep-1995 | 1951967 | 09-Jul-1995 | 3 | |||||||||||
Germany |
ELIZABETH ARDEN (STYLIZED) II | Registered | 643998 | 07-May-1953 | A 3101/3 | 14-Sep-1953 | 3, 5, 10, 21, 32 | |||||||||||
Canada |
ELIZABETH ARDEN (STYLIZED) IV | Registered | 460369 | 25-Nov-1992 | 717253 | 26-Jul-1996 | ||||||||||||
Japan |
ELIZABETH ARDEN (STYLIZED) IV | Registered | 4056253 | 23-Jan-1992 | 5805/92 | 12-Sep-1997 | 4 | |||||||||||
Canada |
ELIZABETH ARDEN (STYLIZED) V | Registered | 451648 | 30-Jan-1995 | 774013 | 08-Dec-1995 | ||||||||||||
China (Peoples Republic) |
ELIZABETH ARDEN (WORD) | Registered | 1479609 | 9,900,119,717 | 21-Nov-2000 | 42 | ||||||||||||
Austria |
ELIZABETH ARDEN (WORDS & DEVICE) | Registered | 45891 | 01-Mar-1961 | AM 472/61 | 06-Jul-1961 | 3 | |||||||||||
China (Peoples Republic) |
ELIZABETH ARDEN (WORDS IN LOCAL SCRIPT) | Registered | 852208 | 94,105,898 | 07-Jul-1996 | 3 | ||||||||||||
China (Peoples Republic) |
ELIZABETH ARDEN (WORDS IN LOCAL SCRIPT) | Registered | 1452595 | 16-Jun-1999 | 9,900,068,136 | 07-Oct-2000 | 5 | |||||||||||
Korea, Republic of |
ELIZABETH ARDEN (WORDS IN LOCAL SCRIPT) | Registered | 344005 | 95-16009 | 26-Jul-1996 | 12 | ||||||||||||
Korea, Republic of |
ELIZABETH ARDEN (WORDS IN LOCAL SCRIPT) | Registered | 344006 | 95-16010 | 26-Jul-1996 | 13 | ||||||||||||
Malaysia |
ELIZABETH ARDEN (WORDS IN LOCAL SCRIPT) | Registered | 95000489 | 16-Jan-1995 | 95/00489 | 16-Jan-1995 | 3 | |||||||||||
Taiwan |
ELIZABETH ARDEN (WORDS IN LOCAL SCRIPT) | Registered | 660022 | 83004299 | 01-Nov-1994 | 43 | ||||||||||||
Benelux |
ELIZABETH ARDEN (WORDS IN PARTICULAR STYLE) | Registered | 0514706 | 11-Jun-1992 | 781417 | 11-Jun-1992 | 3 | |||||||||||
Brazil |
ELIZABETH ARDEN (WORDS IN PARTICULAR STYLE) | Registered | 814301304 | 814301304 | 28-Aug-1990 | 3 | ||||||||||||
France |
ELIZABETH ARDEN (WORDS IN PARTICULAR STYLE) | Registered | 1421960 | 26-Sep-1967 | 32866 | 26-Sep-1967 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Malta |
ELIZABETH ARDEN (WORDS IN PARTICULAR STYLE) | Registered | 15972 | 17-Nov-1983 | 17-Nov-1983 | 3 | ||||||||||||
Monaco |
ELIZABETH ARDEN (WORDS IN PARTICULAR STYLE) | Registered | 9819074 | 26-Jul-1957 | 26-Jul-1957 | 3 | ||||||||||||
Norway |
ELIZABETH ARDEN (WORDS IN PARTICULAR STYLE) | Registered | 25329 | 29,938 | 30-Jun-1937 | |||||||||||||
Peru |
ELIZABETH ARDEN (WORDS IN PARTICULAR STYLE) | Registered | 89826 | 10,304 | 04-Mar-1991 | 3 | ||||||||||||
Switzerland |
ELIZABETH ARDEN (WORDS IN PARTICULAR STYLE) | Registered | 361389 | 08-Jan-1968 | 3, 18 and 21 | |||||||||||||
Taiwan |
ELIZABETH ARDEN (WORDS IN PARTICULAR STYLE) | Registered | 661456 | 83008746 | 16-Nov-1994 | 43 | ||||||||||||
United Kingdom |
ELIZABETH ARDEN (WORDS IN PARTICULAR STYLE) | Registered | 1,488,278 | 20-Jan-1992 | 20-Jan-1992 | 3 | ||||||||||||
United Kingdom |
ELIZABETH ARDEN (WORDS IN PARTICULAR STYLE) | Registered | 574,647 | 23-Jan-1937 | 23-Jan-1937 | 3 | ||||||||||||
Taiwan |
ELIZABETH ARDEN (WORDS(LATIN/LOCAL SCRIPT)) | Registered | 539578 | 78-12142 | 01-Nov-1991 | 6 | ||||||||||||
Taiwan |
ELIZABETH ARDEN (WORDS(LATIN/LOCAL SCRIPT)) | Registered | 527020 | 79-47808 | 01-Jul-1991 | 7 | ||||||||||||
Hong Kong |
ELIZABETH ARDEN (YI LI SHA BAI YA DUN) IN CHINESE CHARACTERS | Registered | 199605057 | 20-Sep-1994 | 11016/94 | 20-Sep-1994 | 3 | |||||||||||
Japan |
ELIZABETH ARDEN 2-IN-1 CLEANSER | Registered | 4979884 | 05-Apr-2005 | 2005029672 | 18-Aug-2006 | 3 | |||||||||||
Anguilla |
ELIZABETH ARDEN 5TH AVENUE | Registered | 2884 | 19-Jun-1997 | 3 | |||||||||||||
Antigua and Barbuda |
ELIZABETH ARDEN 5TH AVENUE | Registered | 5159 | 04-Jul-1998 | 48 | |||||||||||||
Argentina |
ELIZABETH ARDEN 5TH AVENUE | Registered | 2323930 | 2026595 | 26-Oct-2009 | 3 | ||||||||||||
Aruba |
ELIZABETH ARDEN 5TH AVENUE | Registered | 17992 | 30-May-1996 | 960530.13 | 30-May-1996 | 3 | |||||||||||
Australia |
ELIZABETH ARDEN 5TH AVENUE | Registered | 708773 | 17-May-1996 | 708,773 | 17-May-1996 | 3 | |||||||||||
Bahamas |
ELIZABETH ARDEN 5TH AVENUE | Registered | 18882 | 20-Aug-1996 | 48 | |||||||||||||
Bahrain |
ELIZABETH ARDEN 5TH AVENUE | Pending | 01-Apr-2013 | 97170 | 003 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Barbados |
ELIZABETH ARDEN 5TH AVENUE | Registered | 81/11112 | 20-May-1996 | 18882 | 06-Mar-2000 | 3 | |||||||||||
Benelux |
ELIZABETH ARDEN 5TH AVENUE | Registered | 583816 | 16-Feb-1996 | 865,497 | 16-Feb-1996 | 3 | |||||||||||
Bolivia |
ELIZABETH ARDEN 5TH AVENUE | Registered | 133314-C | 13-Mar-1996 | 9601055 | 03-Feb-2012 | 3 | |||||||||||
Brazil |
ELIZABETH ARDEN 5TH AVENUE | Registered | 819078239 | 22-Mar-1996 | 31-Oct-2000 | 3 | ||||||||||||
Canada |
ELIZABETH ARDEN 5TH AVENUE | Registered | 476496 | 15-Apr-1996 | 809807 | 16-Dec-1997 | ||||||||||||
Caribbean Netherlands(Bonaire, St Eustatius, Saba) |
ELIZABETH ARDEN 5TH AVENUE | Registered | 2697 | 16-Sep-2006 | 16-Sep-2006 | |||||||||||||
Cayman Islands |
ELIZABETH ARDEN 5TH AVENUE | Registered | 2069320 | 22-Apr-1996 | NONE | 22-Apr-1996 | 3 | |||||||||||
Chile |
ELIZABETH ARDEN 5TH AVENUE | Registered | 796307 | 25-Mar-1996 | 338195 | 03-Jun-1997 | 3 | |||||||||||
Colombia |
ELIZABETH ARDEN 5TH AVENUE | Registered | 209966 | 96,014,069 | 25-Feb-1998 | 30 | ||||||||||||
Costa Rica |
ELIZABETH ARDEN 5TH AVENUE | Registered | 50745 | 100948 | 07-Feb-1997 | 3 | ||||||||||||
Curacao |
ELIZABETH ARDEN 5TH AVENUE | Registered | 09612 | 22-Feb-2006 | D-8310 | 23-May-2016 | ||||||||||||
Cyprus, Republic of |
ELIZABETH ARDEN 5TH AVENUE | Registered | 73409 | 15-Jan-2007 | 73409 | 15-Jan-2007 | 3 | |||||||||||
Denmark |
ELIZABETH ARDEN 5TH AVENUE | Registered | 5209/1996 | 1899/1996 | 13-Sep-1996 | 3 | ||||||||||||
Dominican Republic |
ELIZABETH ARDEN 5TH AVENUE | Registered | 112233 | 15-Jun-2000 | 50 | |||||||||||||
Ecuador |
ELIZABETH ARDEN 5TH AVENUE | Registered | 1294-99 | 29-Mar-1996 | 67253 | 30-Jun-1999 | 3 | |||||||||||
El Salvador |
ELIZABETH ARDEN 5TH AVENUE | Registered | 58/106 | E-2655-96 | 12-Jun-2000 | 3 | ||||||||||||
Finland |
ELIZABETH ARDEN 5TH AVENUE | Registered | 205444 | T199602828 | 15-Apr-1997 | 3 | ||||||||||||
Guatemala |
ELIZABETH ARDEN 5TH AVENUE | Registered | 83886 | 96-4166 | 06-Feb-1997 | 3 | ||||||||||||
Honduras |
ELIZABETH ARDEN 5TH AVENUE | Registered | 71853 | 10.438/96 | 25-May-1998 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Hong Kong |
ELIZABETH ARDEN 5TH AVENUE | Registered | 199910304 | 22-Mar-1996 | 3459/96 | 22-Mar-1996 | 3 | |||||||||||
Iceland |
ELIZABETH ARDEN 5TH AVENUE | Registered | 1226/1996 | 11-Apr-1996 | 452/1996 | 25-Nov-1996 | 3 | |||||||||||
India |
ELIZABETH ARDEN 5TH AVENUE | Registered | 703035 | 05-Mar-1996 | 703,035 | 25-Mar-1996 | 3 | |||||||||||
Indonesia |
ELIZABETH ARDEN 5TH AVENUE | Registered | 52939 | 28-Mar-1996 | D96 5749 | 04-Jul-1997 | 3 | |||||||||||
Ireland |
ELIZABETH ARDEN 5TH AVENUE | Registered | 172150 | 02-May-1996 | 963,013 | 04-Jun-1997 | 3 | |||||||||||
Israel |
ELIZABETH ARDEN 5TH AVENUE | Registered | 104663 | 16-Apr-1996 | 05-Aug-1997 | 3 | ||||||||||||
Jamaica |
ELIZABETH ARDEN 5TH AVENUE | Registered | 30980 | 27-Jun-1996 | 3/3453 | 27-Jun-1996 | 3 | |||||||||||
Japan |
ELIZABETH ARDEN 5TH AVENUE | Registered | 4140125 | 22-Mar-1996 | 31004/96 | 24-Apr-1998 | 3 | |||||||||||
Jordan |
ELIZABETH ARDEN 5TH AVENUE | Registered | 77737 | 29-Sep-2004 | 77737 | 20-Sep-2004 | 3 | |||||||||||
Kenya |
ELIZABETH ARDEN 5TH AVENUE | Registered | 44275 | 10-May-1996 | 44,275 | 10-May-1996 | 3 | |||||||||||
Korea, Republic of |
ELIZABETH ARDEN 5TH AVENUE | Registered | 365828 | 96-11324 | 18-Jun-1997 | 12 | ||||||||||||
Lebanon |
ELIZABETH ARDEN 5TH AVENUE | Registered | 141139 | 23-Feb-2012 | 141139 | 23-Feb-2012 | 3 | |||||||||||
Malaysia |
ELIZABETH ARDEN 5TH AVENUE | Registered | 96003418 | 03-Apr-1996 | 96/03418 | 03-Apr-1996 | 3 | |||||||||||
Malta |
ELIZABETH ARDEN 5TH AVENUE | Registered | 25531 | 04-Apr-1996 | 04-Apr-1996 | 3 | ||||||||||||
Mexico |
ELIZABETH ARDEN 5TH AVENUE | Registered | 620697 | 06-Sep-1996 | 273203 | 06-Sep-2006 | 3 | |||||||||||
Namibia |
ELIZABETH ARDEN 5TH AVENUE | Registered | 97/0409 | 03-Apr-1997 | 97/0409 | 11-Sep-2001 | 3 | |||||||||||
New Zealand |
ELIZABETH ARDEN 5TH AVENUE | Registered | 260247 | 22-Mar-1996 | 260247 | 22-Mar-1996 | 3 | |||||||||||
Nicaragua |
ELIZABETH ARDEN 5TH AVENUE | Registered | |
32970 C.C. |
|
19-Dec-1996 | 3 | |||||||||||
Norway |
ELIZABETH ARDEN 5TH AVENUE | Registered | 182041 | 961,884 | 15-May-1997 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Oman |
ELIZABETH ARDEN 5TH AVENUE | Registered | 13175 | 20-Mar-1996 | 13175 | 09-Jun-2002 | 3 | |||||||||||
Pakistan |
ELIZABETH ARDEN 5TH AVENUE | Registered | 134935 | 25-Mar-1996 | 134,935 | 04-Oct-2005 | 3 | |||||||||||
Panama |
ELIZABETH ARDEN 5TH AVENUE | Registered | 82795 | 02-Sep-1996 | 82795 | 02-Sep-1996 | 3 | |||||||||||
Paraguay |
ELIZABETH ARDEN 5TH AVENUE | Registered | 302648 | 6294 | 08-Jul-1997 | 3 | ||||||||||||
Peru |
ELIZABETH ARDEN 5TH AVENUE | Registered | 26848 | 7,602 | 01-Jul-1996 | 3 | ||||||||||||
Philippines |
ELIZABETH ARDEN 5TH AVENUE | Registered | 42012500968 | 19-Apr-2012 | 42012500968 | 12-Jul-2012 | 3 | |||||||||||
Poland |
ELIZABETH ARDEN 5TH AVENUE | Registered | 658032A | 23-Jul-2001 | 3 | |||||||||||||
Russian Federation |
ELIZABETH ARDEN 5TH AVENUE | Registered | 209661 | 03-Feb-1999 | 99701179 | 18-Mar-2002 | 3 | |||||||||||
Saudi Arabia |
ELIZABETH ARDEN 5TH AVENUE | Published | 06-Apr-2016 | 1437014707 | 03 | |||||||||||||
Singapore |
ELIZABETH ARDEN 5TH AVENUE | Registered | T96/03069E | 28-Mar-1996 | 28-Mar-1996 | 3 | ||||||||||||
South Africa |
ELIZABETH ARDEN 5TH AVENUE | Registered | 96/4269 | 29-Mar-1996 | 29-Mar-1996 | 3 | ||||||||||||
St. Kitts and Nevis |
ELIZABETH ARDEN 5TH AVENUE | Registered | 4625 | 12-May-1996 | 3332 | 01-Jul-1997 | 48 | |||||||||||
St. Lucia |
ELIZABETH ARDEN 5TH AVENUE | Registered | 147/1996 | 31-May-1996 | 31-May-1996 | 3 | ||||||||||||
St. Maarten |
ELIZABETH ARDEN 5TH AVENUE | Registered | 8172 | 23-May-2006 | 23-May-2006 | |||||||||||||
Sweden |
ELIZABETH ARDEN 5TH AVENUE | Registered | 319005 | 18-Mar-1996 | 96-03111 | 01-Nov-1996 | 3 | |||||||||||
Taiwan |
ELIZABETH ARDEN 5TH AVENUE | Registered | 935165 | 08-Mar-1996 | 88040714 | 16-Mar-2001 | 3 | |||||||||||
Tanganyika |
ELIZABETH ARDEN 5TH AVENUE | Registered | 24,232 | 01-Apr-1996 | 24,232 | 01-Apr-1996 | 3 | |||||||||||
Trinidad and Tobago |
ELIZABETH ARDEN 5TH AVENUE | Registered | 25287 | 28-Mar-1996 | 25287 | 28-Mar-1996 | 3 | |||||||||||
Turks and Caicos Islands |
ELIZABETH ARDEN 5TH AVENUE | Registered | 11549 | 01-Oct-1997 | 01-Oct-1997 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Uganda |
ELIZABETH ARDEN 5TH AVENUE | Registered | 19,957 | 27-Mar-1996 | 27-Mar-1996 | 3 | ||||||||||||
United Arab Emirates |
ELIZABETH ARDEN 5TH AVENUE | Pending | 30-Oct-2007 | 101791 | 3 | |||||||||||||
United Kingdom |
ELIZABETH ARDEN 5TH AVENUE | Registered | 2,069,320 | 22-Apr-1996 | 22-Apr-1996 | 3 | ||||||||||||
United States of America |
ELIZABETH ARDEN 5TH AVENUE | Registered | 2162507 | 12-Mar-1996 | 75/071,416 | 02-Jun-1998 | 3 | |||||||||||
Uruguay |
ELIZABETH ARDEN 5TH AVENUE | Registered | 381749 | 14-Jul-1997 | 3 | |||||||||||||
Zimbabwe |
ELIZABETH ARDEN 5TH AVENUE | Registered | 667/96 | 28-Mar-1996 | 28-Mar-1996 | 3 | ||||||||||||
Qatar |
ELIZABETH ARDEN 5TH AVENUE (WORDS(LATIN/LOCAL SCRIPT)) | Registered | 14765 | 26-Mar-1996 | 14,765 | 02-Sep-2003 | 3 | |||||||||||
Hong Kong |
ELIZABETH ARDEN 5TH AVENUE (YI LI SHA BAI YA DUN DI WU | Registered | 200201713 | 25-Apr-2000 | 8880/2000 | 11-Feb-2002 | 3 | |||||||||||
China (Peoples Republic) |
ELIZABETH ARDEN 5TH AVENUE IN CHINESE CHARACTERS | Registered | 1573729 | 20-Apr-2000 | 2,000,051,984 | 21-May-2001 | 3 | |||||||||||
Japan |
ELIZABETH ARDEN ALPHA-CERAMIDE | Registered | 3335353 | 04-Nov-1994 | 112363/94 | 25-Jul-1997 | 3 | |||||||||||
Singapore |
ELIZABETH ARDEN ALPHA-CERAMIDE | Registered | T9409188C | 21-Oct-1994 | 21-Oct-1994 | 3 | ||||||||||||
Argentina |
ELIZABETH ARDEN ALWAYS RED | Published | 27-Feb-2015 | 3390285 | 03 Int. | |||||||||||||
Australia |
ELIZABETH ARDEN ALWAYS RED | Registered | 1656261 | 04-Nov-2014 | 1656261 | 03-Jul-2015 | 03 Int. | |||||||||||
Brazil |
ELIZABETH ARDEN ALWAYS RED | Published | 03-Mar-2015 | 909062021 | 03 Int. | |||||||||||||
Canada |
ELIZABETH ARDEN ALWAYS RED | Published | 04-Nov-2014 | 1700994 | 03 Int. | |||||||||||||
Chile |
ELIZABETH ARDEN ALWAYS RED | Published | 02-Mar-2015 | 1145008 | 03 Int. | |||||||||||||
China (Peoples Republic) |
ELIZABETH ARDEN ALWAYS RED | Pending | 09-Dec-2014 | 15887490 | 03 Int. | |||||||||||||
Colombia |
ELIZABETH ARDEN ALWAYS RED | Registered | 506.521 | 27-Feb-2015 | 15045724 | 25-May-2015 | 03 Int. |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Egypt |
ELIZABETH ARDEN ALWAYS RED | Pending | 05-Mar-2015 | 314680 | 03 Int. | |||||||||||||
European Community |
ELIZABETH ARDEN ALWAYS RED | Registered | 13437165 | 06-Nov-2014 | 013437165 | 18-Mar-2015 | 03 Int. | |||||||||||
Hong Kong |
ELIZABETH ARDEN ALWAYS RED | Registered | 303192075 | 17-Nov-2014 | 303192075 | 12-Jun-2015 | 03 Int. | |||||||||||
Lebanon |
ELIZABETH ARDEN ALWAYS RED | Registered | 164809 | 03-Mar-2015 | 30766 | 10-Mar-2015 | 03 Int. | |||||||||||
Mexico |
ELIZABETH ARDEN ALWAYS RED | Registered | 1540885 | 03-Mar-2015 | 1584144 | 25-May-2015 | 03 Int. | |||||||||||
Morocco |
ELIZABETH ARDEN ALWAYS RED | Pending | 06-Mar-2015 | 165748 | ||||||||||||||
New Zealand |
ELIZABETH ARDEN ALWAYS RED | Registered | 1008163 | 04-Nov-2014 | 1008163 | 23-Oct-2014 | 03 Int. | |||||||||||
Norway |
ELIZABETH ARDEN ALWAYS RED | Registered | 279953 | 17-Nov-2014 | 201412881 | 26-Jan-2015 | 03 Int. | |||||||||||
Panama |
ELIZABETH ARDEN ALWAYS RED | Registered | 239070-01 | 12-Mar-2015 | 239070 | 10-Sep-2015 | 03 Int. | |||||||||||
Paraguay |
ELIZABETH ARDEN ALWAYS RED | Pending | 03-Mar-2015 | 86682015 | 03 Int. | |||||||||||||
Saudi Arabia |
ELIZABETH ARDEN ALWAYS RED | Published | 10-Mar-2015 | 1436010921 | 03 Int. | |||||||||||||
South Africa |
ELIZABETH ARDEN ALWAYS RED | Pending | 04-Nov-2014 | 201430154 | ||||||||||||||
Switzerland |
ELIZABETH ARDEN ALWAYS RED | Registered | 668504 | 05-Nov-2014 | 62975/2014 | 20-Jan-2015 | 03 Int. | |||||||||||
United Arab Emirates |
ELIZABETH ARDEN ALWAYS RED | Published | 05-Mar-2015 | 228359 | 03 Int. | |||||||||||||
United States of America |
ELIZABETH ARDEN ALWAYS RED | Registered | 4919053 | 23-Oct-2014 | 86432406 | 15-Mar-2016 | 03 Int. | |||||||||||
Venezuela |
ELIZABETH ARDEN ALWAYS RED | Pending | 05-Mar-2015 | 2015003251 | 03 Int. | |||||||||||||
Qatar |
ELIZABETH ARDEN AND ARABIC | Registered | 16496 | 12-Mar-1997 | 16496 | 12-Mar-1997 | 3 | |||||||||||
Canada |
ELIZABETH ARDEN AND RED DOOR DEVICE I | Registered | 400972 | 07-Apr-1989 | 629239 | 07-Aug-1992 | ||||||||||||
Canada |
ELIZABETH ARDEN AND RED DOOR DEVICE II | Registered | TMA532575 | 15-Jul-1997 | 850,727 | 12-Sep-2000 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Korea, Republic of |
ELIZABETH ARDEN BEAUTY SLEEP | Registered | 806941 | 06-Aug-2008 | 40200838881 | 17-Nov-2009 | 3 | |||||||||||
Russian Federation |
ELIZABETH ARDEN BEAUTY SLEEP | Registered | 416135 | 07-Aug-2008 | 2008725301 | 16-Aug-2010 | 3 | |||||||||||
South Africa |
ELIZABETH ARDEN BEAUTY SLEEP | Registered | 200815223 | 03-Jul-2008 | 200815223 | 17-Aug-2010 | 3 | |||||||||||
United Kingdom |
ELIZABETH ARDEN BEAUTY SLEEP | Registered | 951154 | 17-Nov-1969 | 17-Nov-1969 | 3 | ||||||||||||
Japan |
ELIZABETH ARDEN CERAMIDE | Registered | 4955508 | 03-May-2005 | 2005041336 | 26-May-2006 | 3 | |||||||||||
Korea, Republic of |
ELIZABETH ARDEN CERAMIDE | Registered | 488452 | 13-Sep-1999 | 40-1999-34031 | 23-Feb-2001 | 3 | |||||||||||
Australia |
ELIZABETH ARDEN CERAMIDE MOISTURE NETWORK | Registered | 1003090 | 21-May-2004 | 1003090 | 21-May-2004 | 3 | |||||||||||
Brazil |
ELIZABETH ARDEN CERAMIDE MOISTURE NETWORK | Registered | 826368964 | 21-May-2004 | 826368964 | 11-Dec-2007 | 3 | |||||||||||
Canada |
ELIZABETH ARDEN CERAMIDE MOISTURE NETWORK | Registered | 646410 | 20-May-2004 | 1217636 | 23-Aug-2005 | ||||||||||||
Chile |
ELIZABETH ARDEN CERAMIDE MOISTURE NETWORK | Registered | 1140133 | 25-May-2004 | 647951 | 27-Oct-2004 | 3 | |||||||||||
China (Peoples Republic) |
ELIZABETH ARDEN CERAMIDE MOISTURE NETWORK | Registered | 4087386 | 27-May-2004 | 4087386 | 28-Dec-2007 | 3 | |||||||||||
Colombia |
ELIZABETH ARDEN CERAMIDE MOISTURE NETWORK | Registered | 291727 | 25-May-2004 | 2004/048074 | 29-Nov-2004 | 3 | |||||||||||
European Community |
ELIZABETH ARDEN CERAMIDE MOISTURE NETWORK | Registered | 3828621 | 21-May-2004 | 03828621 | 29-Jul-2005 | 3 | |||||||||||
Hong Kong |
ELIZABETH ARDEN CERAMIDE MOISTURE NETWORK | Registered | 300219465 | 21-May-2004 | 300219465 | 21-May-2004 | 3 | |||||||||||
India |
ELIZABETH ARDEN CERAMIDE MOISTURE NETWORK | Registered | 1286071 | 24-May-2004 | 1286071 | 25-May-2004 | 3 | |||||||||||
Japan |
ELIZABETH ARDEN CERAMIDE MOISTURE NETWORK | Registered | 4831706 | 21-May-2004 | 2004049416 | 07-Jan-2005 | 3 | |||||||||||
Mexico |
ELIZABETH ARDEN CERAMIDE MOISTURE NETWORK | Registered | 838817 | 21-May-2004 | 657530 | 18-Jun-2004 | 3 | |||||||||||
New Zealand |
ELIZABETH ARDEN CERAMIDE MOISTURE NETWORK | Registered | 712714 | 21-May-2004 | 712714 | 21-May-2004 | 3 | |||||||||||
Singapore |
ELIZABETH ARDEN CERAMIDE MOISTURE NETWORK | Registered | T04/08322C | 25-May-2004 | T0-4/08322C | 25-May-2004 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
South Africa |
ELIZABETH ARDEN CERAMIDE MOISTURE NETWORK | Registered | 2004/08153 | 21-May-2004 | 2004/08153 | 21-May-2004 | 3 | |||||||||||
Switzerland |
ELIZABETH ARDEN CERAMIDE MOISTURE NETWORK | Registered | 522824 | 21-May-2004 | 53365/2004 | 21-May-2004 | 3 | |||||||||||
Taiwan |
ELIZABETH ARDEN CERAMIDE MOISTURE NETWORK | Registered | 1133301 | 21-May-2004 | 093023453 | 01-Jan-2005 | 3 | |||||||||||
Hong Kong |
ELIZABETH ARDEN CERAMIDE PLUMP PERFECT | Registered | 301169019 | 26-Jul-2008 | 301169019 | 28-Sep-2009 | 3 | |||||||||||
Mexico |
ELIZABETH ARDEN CERAMIDE PLUMP PERFECT | Registered | 1215802 | 20-Dec-2010 | 1143630 | 10-Dec-2010 | 3 | |||||||||||
Benelux |
ELIZABETH ARDEN CERAMIDE TIME COMPLEX | Registered | 486,677 | 30-Oct-1990 | 754,195 | 30-Oct-1990 | 3 | |||||||||||
Georgia |
ELIZABETH ARDEN CERAMIDE TIME COMPLEX | Registered | 2434 | 3379/03-93 | 20-Jun-1996 | 3 | ||||||||||||
India |
ELIZABETH ARDEN CERAMIDE TIME COMPLEX | Registered | 760942 | 20-May-1997 | 760,942 | 20-Jun-2005 | 3 | |||||||||||
Indonesia |
ELIZABETH ARDEN CERAMIDE TIME COMPLEX | Registered | IDM000012076 | 16-Nov-1993 | D93 14826 | 15-Mar-1995 | 3 | |||||||||||
Japan |
ELIZABETH ARDEN CERAMIDE TIME COMPLEX | Registered | 2540278 | 29-Oct-1990 | 120669/90 | 31-May-1993 | 1 | |||||||||||
Japan |
ELIZABETH ARDEN CERAMIDE TIME COMPLEX | Registered | 2523733 | 29-Oct-1990 | 120670/90 | 28-Apr-1993 | 4 | |||||||||||
Latvia |
ELIZABETH ARDEN CERAMIDE TIME COMPLEX | Registered | M16728 | 11-Jun-1993 | M-93-5494 | 11-Jun-1993 | 3 | |||||||||||
United Kingdom |
ELIZABETH ARDEN CERAMIDE TIME COMPLEX | Registered | 1,440,238 | 14-Sep-1990 | 14-Sep-1990 | 3 | ||||||||||||
Hong Kong |
ELIZABETH ARDEN CERAMIDE WATER PHASE | Registered | 199906863 | 01-Sep-1993 | 9282/93 | 01-Sep-1993 | 3 | |||||||||||
Singapore |
ELIZABETH ARDEN CERAMIDE WATER PHASE | Registered | T9306566H | 25-Aug-1993 | T9306566H | 25-Aug-1993 | 03 | |||||||||||
Indonesia |
ELIZABETH ARDEN CERAMIDE WHITENER | Registered | IDM000017656 | 28-Jun-1993 | 4359 | 30-Aug-1994 | 3 | |||||||||||
Korea, Republic of |
ELIZABETH ARDEN CERAMIDE WHITENER | Registered | 280603 | 92-36185 | 02-Dec-1993 | 12 | ||||||||||||
New Zealand |
ELIZABETH ARDEN CERAMIDE WHITENER | Registered | 224368 | 21-Jan-1993 | 224368 | 27-Nov-1995 | 3 | |||||||||||
Singapore |
ELIZABETH ARDEN CERAMIDE WHITENER | Registered | T92/09946 | 29-Dec-1992 | 29-Dec-1992 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Taiwan |
ELIZABETH ARDEN CERAMIDE WHITENER | Registered | 1114736 | 04-Nov-2003 | 092064119 | 16-Aug-2004 | 3 | |||||||||||
South Africa |
ELIZABETH ARDEN CHEEK COLOR NATURALS | Registered | 92/07084 | 24-Aug-1992 | 24-Aug-1992 | 3 | ||||||||||||
China (Peoples Republic) |
ELIZABETH ARDEN CHINESE CHARACTERS | Registered | 5361627 | 19-May-2006 | 5361627 | 14-Aug-2009 | 3 | |||||||||||
China (Peoples Republic) |
ELIZABETH ARDEN CHINESE CHARACTERS | Registered | 5361603 | 19-May-2006 | 5561603 | 07-Sep-2009 | 42 | |||||||||||
China (Peoples Republic) |
ELIZABETH ARDEN CHINESE CHARACTERS | Published | 23-Jul-2014 | 14863452 | 09 Int. | |||||||||||||
Canada |
ELIZABETH ARDEN CUSTOM COLOR | Registered | TMA513590 | 03-Jun-1998 | 880268 | 29-Jul-1999 | ||||||||||||
Canada |
ELIZABETH ARDEN CUSTOM COLOR FOUNDATION | Registered | TMA515382 | 09-Apr-1998 | 875154 | 26-Aug-1999 | ||||||||||||
United States of America |
ELIZABETH ARDEN DOUBLE DENSITY | Registered | 2974648 | 28-Jun-2004 | 78442397 | 19-Jul-2005 | 3 | |||||||||||
Italy |
ELIZABETH ARDEN EAU FRAICHE | Registered | 1090842 | 28-Nov-1994 | MI2004C011675 | 28-Nov-2004 | 3 | |||||||||||
Korea, Republic of |
ELIZABETH ARDEN EAU FRAICHE | Registered | 210053 | 89-17037 | 20-Feb-1991 | 3, 21 | ||||||||||||
Korea, Republic of |
ELIZABETH ARDEN EAU FRAICHE | Registered | 213642 | 89-17034 | 13-May-1991 | 3 | ||||||||||||
United Kingdom |
ELIZABETH ARDEN EAU FRAICHE (WORDS IN PARTICULAR STYLE) | Registered | 1,552,194 | 30-Oct-1993 | 30-Oct-1993 | 3 | ||||||||||||
Australia |
ELIZABETH ARDEN EIGHT HOUR | Registered | 1350663 | 15-Mar-2010 | 1350663 | 16-Nov-2010 | 3 | |||||||||||
China (Peoples Republic) |
ELIZABETH ARDEN EIGHT HOUR | Registered | 7355427 | 27-Apr-2009 | 7355427 | 14-Aug-2010 | 3 | |||||||||||
European Community |
ELIZABETH ARDEN EIGHT HOUR | Registered | 8244063 | 24-Apr-2009 | 8244063 | 22-Nov-2009 | 3, 5 and 44 | |||||||||||
Hong Kong |
ELIZABETH ARDEN EIGHT HOUR | Registered | 301563705 | 15-Mar-2010 | 301563705 | 17-Jan-2011 | 3 | |||||||||||
India |
ELIZABETH ARDEN EIGHT HOUR | Pending | 19-Mar-2010 | 1938786 | 3 | |||||||||||||
New Zealand |
ELIZABETH ARDEN EIGHT HOUR | Registered | 820987 | 15-Mar-2010 | 820987 | 15-Mar-2010 | 3 | |||||||||||
Norway |
ELIZABETH ARDEN EIGHT HOUR | Registered | 256655 | 15-Mar-2010 | 201002827 | 08-Sep-2010 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Switzerland |
ELIZABETH ARDEN EIGHT HOUR | Registered | 603109 | 15-Mar-2010 | 52550/2010 | 21-Jul-2010 | 3 | |||||||||||
Japan |
ELIZABETH ARDEN EYE COLOR NATURALS | Registered | 3065386 | 03-Sep-1992 | 172615/92 | 31-Jul-1995 | 3 | |||||||||||
South Africa |
ELIZABETH ARDEN EYE COLOR NATURALS | Registered | 92/07167 | 26-Aug-1992 | 08-Dec-1994 | 3 | ||||||||||||
Israel |
ELIZABETH ARDEN EYE-FIX | Registered | 57829 | 01-Jan-1984 | 09-Jun-1988 | 3 | ||||||||||||
Malaysia |
ELIZABETH ARDEN EYE-FIX | Registered | 84001329 | 22-Mar-1984 | MA/1329/84 | 22-Mar-1984 | 3 | |||||||||||
New Zealand |
ELIZABETH ARDEN EYE-FIX | Registered | 150607 | 13-Feb-1984 | 150607 | 13-Feb-1984 | 3 | |||||||||||
Singapore |
ELIZABETH ARDEN EYE-FIX | Registered | T8401185B | 15-Mar-1984 | 15-Mar-1984 | 3 | ||||||||||||
Spain |
ELIZABETH ARDEN EYE-FIX | Registered | 1057492 | 16-Jan-1984 | 20-Sep-1984 | 3 | ||||||||||||
United Kingdom |
ELIZABETH ARDEN EYE-FIX | Registered | 1210347 | 06-Jan-1984 | 06-Jan-1984 | 3 | ||||||||||||
Hong Kong |
ELIZABETH ARDEN FIRST DEFENSE | Registered | 200408358 | 02-Jul-2002 | 10028/2002 | 02-Jul-2002 | 3 | |||||||||||
New Zealand |
ELIZABETH ARDEN FIRST DEFENSE | Registered | 659976 | 02-Jul-2002 | 659976 | 08-Jun-2004 | 3 | |||||||||||
Australia |
ELIZABETH ARDEN FLAWLESS FINISH | Registered | 665301 | 28-Jun-1995 | 665,301 | 28-Jun-1995 | 3 | |||||||||||
China (Peoples Republic) |
ELIZABETH ARDEN FLAWLESS FINISH | Registered | 880272 | 94,114,436 | 14-Oct-1996 | 3 | ||||||||||||
Finland |
ELIZABETH ARDEN FLAWLESS FINISH | Registered | 211422 | 3931/97 | 15-Oct-1998 | 3 | ||||||||||||
Hong Kong |
ELIZABETH ARDEN FLAWLESS FINISH | Registered | 199910643 | 26-Sep-1995 | 12047/95 | 26-Sep-1995 | 3 | |||||||||||
Indonesia |
ELIZABETH ARDEN FLAWLESS FINISH | Registered | IDM000012074 | 16-Nov-1993 | D93 14811 | 17-Mar-1995 | 3 | |||||||||||
Japan |
ELIZABETH ARDEN FLAWLESS FINISH | Registered | 4280696 | 15-Mar-1998 | 39879/98 | 04-Jun-1999 | 3 | |||||||||||
New Zealand |
ELIZABETH ARDEN FLAWLESS FINISH | Registered | 186983 | 06-Sep-1988 | 186983 | 06-Sep-1988 | 3 | |||||||||||
Singapore |
ELIZABETH ARDEN FLAWLESS FINISH | Registered | T95/10115G | 20-Oct-1995 | T95/10115G | 20-Oct-1995 | 3 | |||||||||||
Sweden |
ELIZABETH ARDEN FLAWLESS FINISH | Registered | 331537 | 10-Apr-1997 | 97-03611 | 11-Jun-1999 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Switzerland |
ELIZABETH ARDEN FLAWLESS FINISH | Registered | 445433 | 09-Apr-1997 | 09-Apr-1997 | 3 | ||||||||||||
United Kingdom |
ELIZABETH ARDEN FLAWLESS FINISH | Registered | 1,589,033 | 26-Oct-1994 | 1,589,033 | 26-Oct-1994 | 3 | |||||||||||
Mexico |
ELIZABETH ARDEN FLAWLESS FINISH (LABEL) | Registered | 376113 | 28-Jul-1983 | 220732 | 28-Jul-1983 | 3 | |||||||||||
Benelux |
ELIZABETH ARDEN FLAWLESS START | Registered | 974650 | 04-May-2015 | 1309788 | 15-Jul-2015 | 03 Int. | |||||||||||
European Community |
ELIZABETH ARDEN FLAWLESS START | Registered | 13771951 | 25-Feb-2015 | 13771951 | 10-Jun-2015 | ||||||||||||
Hong Kong |
ELIZABETH ARDEN FLAWLESS START | Registered | 303527631 | 07-Sep-2015 | 303527631 | 07-Sep-2015 | 03 | |||||||||||
Thailand |
ELIZABETH ARDEN FLAWLESS START | Pending | 08-Oct-2015 | 1008333 | 03 | |||||||||||||
Canada |
ELIZABETH ARDEN FOND DE TEINT CUSTOM COLOR | Registered | TMA513589 | 13-Jun-1998 | 880267 | 29-Jul-1999 | ||||||||||||
Canada |
ELIZABETH ARDEN GOOD MORNING | Registered | 576772 | 03-Nov-2000 | 1,081,671 | 03-Mar-2003 | 3 | |||||||||||
Japan |
ELIZABETH ARDEN GOOD MORNING | Registered | 4982237 | 09-Feb-2005 | 2005010397 | 25-Aug-2006 | 3 | |||||||||||
Korea, Republic of |
ELIZABETH ARDEN GOOD MORNING | Registered | 512400 | 24-May-2000 | 40-2000-24770 | 14-Feb-2002 | 3 | |||||||||||
Taiwan |
ELIZABETH ARDEN GOOD MORNING | Registered | 1029217 | 13-Dec-2001 | 90,050,685 | 16-Jan-2003 | 3 | |||||||||||
Australia |
ELIZABETH ARDEN GOOD NIGHTS SLEEP | Registered | 729152 | 03-Mar-1997 | 729152 | 03-Mar-1997 | 3 | |||||||||||
Indonesia |
ELIZABETH ARDEN GOOD NIGHTS SLEEP | Registered | 89438 | 20-Jun-1997 | D97 12114 | 20-Jun-1997 | 3 | |||||||||||
Korea, Republic of |
ELIZABETH ARDEN GOOD NIGHTS SLEEP | Registered | 364167 | 96-9550 | 04-Jun-1997 | 12 | ||||||||||||
Taiwan |
ELIZABETH ARDEN GOOD NIGHTS SLEEP | Registered | 733536 | 83072078 | 01-Nov-1996 | 3 | ||||||||||||
Uruguay |
ELIZABETH ARDEN GOOD NIGHTS SLEEP | Registered | 311497 | 02-Nov-1999 | 3 | |||||||||||||
Armenia |
ELIZABETH ARDEN GREEN TEA | Registered | 20243 | 03-Aug-2012 | 20121046 | 02-Aug-2013 | 3 | |||||||||||
Azerbaijan |
ELIZABETH ARDEN GREEN TEA | Registered | 20140151 | 09-Aug-2012 | 20121173 | 23-Jan-2014 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Brazil |
ELIZABETH ARDEN GREEN TEA | Published | 10-Oct-2012 | 840295367 | 3 | |||||||||||||
Canada |
ELIZABETH ARDEN GREEN TEA | Registered | TMA572830 | 24-Dec-1999 | 1041877 | 23-Dec-2002 | 3 | |||||||||||
Japan |
ELIZABETH ARDEN GREEN TEA | Registered | 4840939 | 08-Sep-2003 | 2003-078978 | 25-Feb-2005 | ||||||||||||
Kazakhstan |
ELIZABETH ARDEN GREEN TEA | Registered | 44223 | 02-Aug-2012 | 59036 | 17-Apr-2014 | 3 | |||||||||||
Philippines |
ELIZABETH ARDEN GREEN TEA | Registered | 42009500209 | 20-Apr-2009 | 42009500209 | 18-Feb-2010 | 3 | |||||||||||
Russian Federation |
ELIZABETH ARDEN GREEN TEA | Registered | 306091 | 10-Sep-2003 | 2003717465 | 04-May-2006 | 3 | |||||||||||
Vietnam |
ELIZABETH ARDEN GREEN TEA | Registered | 219064 | 13-Aug-2012 | 4-2012-17791 | 23-Jan-2014 | 3 | |||||||||||
Japan |
ELIZABETH ARDEN GREEN TEA EXOTIC | Registered | 5266840 | 04-Jul-2008 | 2008054202 | 18-Sep-2009 | 3 | |||||||||||
Armenia |
ELIZABETH ARDEN GREEN TEA REVITALIZE | Registered | 20759 | 18-Apr-2013 | 20130513 | 02-Dec-2013 | ||||||||||||
Australia |
ELIZABETH ARDEN GREEN TEA REVITALIZE | Registered | 1162794 | 23-Feb-2007 | 1162794 | 23-Feb-2007 | 3 | |||||||||||
Azerbaijan |
ELIZABETH ARDEN GREEN TEA REVITALIZE | Registered | 2014 1283 | 13-Nov-2013 | 20133503 | 26-Aug-2014 | 03 | |||||||||||
China (Peoples Republic) |
ELIZABETH ARDEN GREEN TEA REVITALIZE | Registered | 5925829 | 27-Feb-2007 | 5925829 | 21-Dec-2009 | 3 | |||||||||||
European Community |
ELIZABETH ARDEN GREEN TEA REVITALIZE | Registered | 5837951 | 17-Apr-2007 | 5837951 | 05-Feb-2008 | 3 | |||||||||||
Germany |
ELIZABETH ARDEN GREEN TEA REVITALIZE | Registered | 30712443 | 23-Feb-2007 | 307124436/03 | 04-Apr-2007 | 3 | |||||||||||
Japan |
ELIZABETH ARDEN GREEN TEA REVITALIZE | Registered | 5061006 | 26-Feb-2007 | 2007016074 | 06-Jul-2007 | 3 | |||||||||||
New Zealand |
ELIZABETH ARDEN GREEN TEA REVITALIZE | Registered | 764014 | 23-Feb-2007 | 764014 | 23-Feb-2007 | 3 | |||||||||||
Norway |
ELIZABETH ARDEN GREEN TEA REVITALIZE | Registered | 2454646 | 16-Oct-2007 | 200712481 | 17-Apr-2008 | 3 | |||||||||||
South Africa |
ELIZABETH ARDEN GREEN TEA REVITALIZE | Registered | 2007/03683 | 23-Feb-2007 | 2007/03683 | 25-Jan-2010 | 3 | |||||||||||
Switzerland |
ELIZABETH ARDEN GREEN TEA REVITALIZE | Registered | 568265 | 16-Oct-2007 | 61443/2007 | 16-Oct-2007 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Taiwan |
ELIZABETH ARDEN GREEN TEA REVITALIZE | Registered | 1291744 | 27-Feb-2007 | 096008793 | 16-Dec-2007 | 3 | |||||||||||
United States of America |
ELIZABETH ARDEN GREEN TEA REVITALIZE | Registered | 3338749 | 27-Feb-2007 | 77117068 | 20-Nov-2007 | 3 | |||||||||||
Vietnam |
ELIZABETH ARDEN GREEN TEA REVITALIZE | Registered | 244725 | 22-Aug-2012 | 4201218546 | 11-May-2015 | 3 | |||||||||||
Austria |
ELIZABETH ARDEN HOLIDAY | Registered | 193,013 | 06-Nov-2000 | |
AM 8029/2000 |
|
12-Dec-2000 | 3 | |||||||||
Denmark |
ELIZABETH ARDEN HOLIDAY | Registered | |
VR 2001 00190 |
|
26-Oct-2000 | |
VA 2000 04490 |
|
10-Jan-2001 | 3 | |||||||
Hong Kong |
ELIZABETH ARDEN HOLIDAY | Registered | 200207461 | 30-Oct-2000 | 23905/2000 | 30-Oct-2000 | 3 | |||||||||||
Italy |
ELIZABETH ARDEN HOLIDAY | Registered | 920018 | 06-Nov-2000 | |
MI2000C 012112 |
|
28-Nov-2003 | 3 | |||||||||
New Zealand |
ELIZABETH ARDEN HOLIDAY | Registered | 625916 | 30-Oct-2000 | 625916 | 30-Oct-2000 | 3 | |||||||||||
Norway |
ELIZABETH ARDEN HOLIDAY | Registered | 207936 | 26-Oct-2000 | 200013087 | 05-Apr-2001 | 3 | |||||||||||
Singapore |
ELIZABETH ARDEN HOLIDAY | Registered | T00/19154D | 01-Nov-2000 | T00/19154D | 11-Jan-2000 | 3 | |||||||||||
Taiwan |
ELIZABETH ARDEN HOLIDAY | Registered | 967322 | 27-Oct-2000 | 89,062,789 | 01-Nov-2001 | 3 | |||||||||||
United Kingdom |
ELIZABETH ARDEN HOLIDAY | Registered | 2251519 | 06-Nov-2000 | 2251519 | 27-Apr-2001 | 3 | |||||||||||
China (Peoples Republic) |
ELIZABETH ARDEN IN CHINESE CHARACTERS | Registered | 1186143 | 16-May-1997 | 970,046,544 | 28-Jun-1998 | 3 | |||||||||||
China (Peoples Republic) |
ELIZABETH ARDEN IN CHINESE CHARACTERS | Registered | 1456346 | 16-Jun-1999 | 9,900,068,135 | 14-Oct-2000 | 3 | |||||||||||
China (Peoples Republic) |
ELIZABETH ARDEN IN CHINESE CHARACTERS | Registered | 1481955 | 03-Apr-1999 | 9,900,020,560 | 28-Nov-2001 | 9 | |||||||||||
China (Peoples Republic) |
ELIZABETH ARDEN IN CHINESE CHARACTERS | Registered | 5361626 | 19-May-2006 | 5561626 | 07-Sep-2009 | 41 | |||||||||||
China (Peoples Republic) |
ELIZABETH ARDEN IN CHINESE CHARACTERS | Registered | 5361602 | 19-May-2006 | 5361602 | 07-Apr-2015 | 44 | |||||||||||
Singapore |
ELIZABETH ARDEN IN CHINESE CHARACTERS | Registered | T99/09680H | 03-Sep-1999 | T99/09680H | 03-Sep-1999 | 3 | |||||||||||
Japan |
ELIZABETH ARDEN IN KATAKANA | Registered | 2349641 | 03-Mar-1989 | 23321/89 | 29-Nov-1991 | 3, 30 | |||||||||||
Australia |
ELIZABETH ARDEN INTERVENE | Registered | 1153363 | 21-Dec-2006 | 1153363 | 21-Dec-2006 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Canada |
ELIZABETH ARDEN INTERVENE | Registered | 691681 | 12-Jul-2006 | 1308816 | 09-Jul-2007 | ||||||||||||
China (Peoples Republic) |
ELIZABETH ARDEN INTERVENE | Registered | 5802315 | 22-Dec-2006 | 5802315 | 28-Nov-2009 | 3 | |||||||||||
European Community |
ELIZABETH ARDEN INTERVENE | Registered | 5213384 | 21-Jul-2006 | 5213384 | 14-Jun-2007 | 3 | |||||||||||
Hong Kong |
ELIZABETH ARDEN INTERVENE | Registered | 300784594 | 21-Dec-2006 | 300784594 | 21-Dec-2006 | 3 | |||||||||||
India |
ELIZABETH ARDEN INTERVENE | Published | 02-Jan-2007 | 1521408 | 3 | |||||||||||||
Japan |
ELIZABETH ARDEN INTERVENE | Registered | 5058922 | 21-Dec-2006 | 2006-118550 | 29-Jun-2007 | 3 | |||||||||||
Mexico |
ELIZABETH ARDEN INTERVENE | Registered | 972064 | 08-Jan-2007 | 827709 | 12-Feb-2007 | 3 | |||||||||||
New Zealand |
ELIZABETH ARDEN INTERVENE | Registered | 761131 | 21-Dec-2006 | 761131 | 21-Jun-2007 | 3 | |||||||||||
Norway |
ELIZABETH ARDEN INTERVENE | Registered | 240304 | 22-Dec-2006 | 200615443 | 14-Aug-2007 | 3 | |||||||||||
Russian Federation |
ELIZABETH ARDEN INTERVENE | Registered | 371620 | 19-Mar-2007 | 2007707442 | 09-Feb-2009 | 3 | |||||||||||
Serbia |
ELIZABETH ARDEN INTERVENE | Pending | 17-Feb-2009 | Z300/2009 | ||||||||||||||
Singapore |
ELIZABETH ARDEN INTERVENE | Registered | T06/28216I | 21-Dec-2006 | T06/28216I | 21-Dec-2006 | 3 | |||||||||||
South Africa |
ELIZABETH ARDEN INTERVENE | Registered | 2006/31427 | 21-Dec-2006 | 2006/31427 | 25-Jan-2010 | 3 | |||||||||||
Switzerland |
ELIZABETH ARDEN INTERVENE | Registered | 555797 | 21-Dec-2006 | 61596/2006 | 22-Feb-2007 | 3 | |||||||||||
Taiwan |
ELIZABETH ARDEN INTERVENE | Registered | 1281496 | 22-Dec-2006 | 095063936 | 01-Oct-2007 | 3 | |||||||||||
United Arab Emirates |
ELIZABETH ARDEN INTERVENE | Registered | 134593 | 13-Oct-2008 | 120339 | 17-Mar-2011 | 03 Int. | |||||||||||
United States of America |
ELIZABETH ARDEN INTERVENE | Registered | 3278019 | 11-Jul-2006 | 78/926893 | 07-Aug-2007 | 3 | |||||||||||
Switzerland |
ELIZABETH ARDEN LIP FITNESS COLOR | Renewed | 340107 | 04-Jan-1985 | 3 | |||||||||||||
China (Peoples Republic) |
ELIZABETH ARDEN LIP SPA | Registered | 1026196 | 950,136,594 | 14-Jun-1997 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Japan |
ELIZABETH ARDEN LIP SPA | Registered | 4095638 | 21-Jan-1991 | 3839/91 | 19-Dec-1997 | 3 | |||||||||||
New Zealand |
ELIZABETH ARDEN LIP SPA | Registered | 209960 | 03-May-1991 | 209960 | 26-Oct-1995 | 3 | |||||||||||
New Zealand |
ELIZABETH ARDEN LIP-FIX | Registered | 145743 | 31-Jan-1983 | 145743 | 30-Jan-1996 | 3 | |||||||||||
Spain |
ELIZABETH ARDEN LIP-FIX | Registered | 1063840 | 15-Mar-1984 | 05-Jul-1985 | 3 | ||||||||||||
United Kingdom |
ELIZABETH ARDEN LIP-FIX | Registered | 1189440 | 27-Jan-1983 | 27-Jan-1983 | 3 | ||||||||||||
United States of America |
ELIZABETH ARDEN LITTLE BLACK COMPACT | Pending | 05-May-2016 | 87025875 | 3 | |||||||||||||
Armenia |
ELIZABETH ARDEN MEDITERRANEAN | Registered | 20248 | 17-Aug-2012 | 20121110 | 02-Aug-2013 | 3 | |||||||||||
Azerbaijan |
ELIZABETH ARDEN MEDITERRANEAN | Registered | 20141143 | 16-Aug-2012 | 20121222 | 14-Jan-2014 | 3 | |||||||||||
Greece |
ELIZABETH ARDEN MILLENIUM | Registered | 102,984 | 28-Feb-1991 | 102,994 | 17-May-1995 | 3 | |||||||||||
Switzerland |
ELIZABETH ARDEN MOISTURE FIX | Renewed | 340108 | 10-Jan-1985 | 3 | |||||||||||||
Australia |
ELIZABETH ARDEN OVERNIGHT SUCCESS | Registered | 653523 | 20-Feb-1995 | 20-Feb-1995 | 3 | ||||||||||||
Benelux |
ELIZABETH ARDEN OVERNIGHT SUCCESS | Registered | 578,256 | 25-Oct-1995 | 858,081 | 25-Oct-1995 | 3 | |||||||||||
Canada |
ELIZABETH ARDEN OVERNIGHT SUCCESS | Registered | 643539 | 14-Oct-2004 | 1233817 | 05-Jul-2005 | ||||||||||||
Chile |
ELIZABETH ARDEN OVERNIGHT SUCCESS | Registered | 826544 | 10-Jan-1996 | 331099 | 08-Apr-1998 | 3 | |||||||||||
Denmark |
ELIZABETH ARDEN OVERNIGHT SUCCESS | Registered | 4061/95 | 1251/95 | 23-Jun-1995 | 3 | ||||||||||||
Germany |
ELIZABETH ARDEN OVERNIGHT SUCCESS | Registered | 39530362 | 25-Jul-1995 | 39530362.1 | 10-Apr-1996 | 3 | |||||||||||
Ireland |
ELIZABETH ARDEN OVERNIGHT SUCCESS | Registered | 171643 | 19-Oct-1995 | 95/7311 | 03-Jun-1997 | 3 | |||||||||||
Japan |
ELIZABETH ARDEN OVERNIGHT SUCCESS | Registered | 4001388 | 27-Jul-1995 | 77084/95 | 16-May-1997 | 3 | |||||||||||
Malaysia |
ELIZABETH ARDEN OVERNIGHT SUCCESS | Registered | 200505263 | 08-Apr-2005 | 200505263 | 08-Apr-2005 | 3 | |||||||||||
Mexico |
ELIZABETH ARDEN OVERNIGHT SUCCESS | Registered | 532549 | 11-Aug-1995 | 239859 | 11-Aug-1995 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
United Kingdom |
ELIZABETH ARDEN OVERNIGHT SUCCESS | Registered | UK00002012397 | 25-Feb-1995 | 3 | |||||||||||||
Hong Kong |
ELIZABETH ARDEN PEEL AND REVEAL | Registered | 200204139 | 01-Nov-2000 | 24237/2000 | 01-Nov-2000 | 3 | |||||||||||
Sweden |
ELIZABETH ARDEN PEEL AND REVEAL | Registered | 355619 | 30-Oct-2000 | 00-08224 | 24-May-2002 | 3 | |||||||||||
Argentina |
ELIZABETH ARDEN PRETTY | Registered | 2305844 | 12-Aug-2008 | 2846962 | 13-Aug-2009 | 3 | |||||||||||
Armenia |
ELIZABETH ARDEN PRETTY | Registered | 20242 | 03-Aug-2012 | 20121045 | 02-Aug-2013 | 3 | |||||||||||
Australia |
ELIZABETH ARDEN PRETTY | Registered | 1222581 | 05-Feb-2008 | 1222581 | 05-Feb-2008 | 3 | |||||||||||
Azerbaijan |
ELIZABETH ARDEN PRETTY | Registered | 20140401 | 09-Aug-2012 | 20121174 | 19-Mar-2014 | 3 | |||||||||||
Bahamas |
ELIZABETH ARDEN PRETTY | Published | 15-Aug-2008 | 31976 | Local Class 48 | |||||||||||||
Brazil |
ELIZABETH ARDEN PRETTY | Published | 20-Aug-2008 | 829822208 | 3 | |||||||||||||
Canada |
ELIZABETH ARDEN PRETTY | Registered | 745495 | 22-Jan-2008 | 1380159 | 17-Aug-2009 | 3 | |||||||||||
China (Peoples Republic) |
ELIZABETH ARDEN PRETTY | Registered | 6550315 | 05-Feb-2008 | 6550315 | 07-Jun-2010 | 3 | |||||||||||
European Community |
ELIZABETH ARDEN PRETTY | Registered | 6599898 | 22-Jan-2008 | 006599898 | 22-Jan-2008 | 3, 5 and 44 | |||||||||||
Hong Kong |
ELIZABETH ARDEN PRETTY | Registered | 301047366 | 05-Feb-2008 | 301047366 | 05-Feb-2008 | 3 | |||||||||||
India |
ELIZABETH ARDEN PRETTY | Registered | 1650669 | 06-Feb-2008 | 1650669 | 06-Feb-2008 | 3 | |||||||||||
Japan |
ELIZABETH ARDEN PRETTY | Registered | 5155368 | 07-Feb-2008 | 2008008504 | 01-Aug-2008 | 3 | |||||||||||
Kazakhstan |
ELIZABETH ARDEN PRETTY | Registered | 44224 | 02-Aug-2012 | 59037 | 17-Apr-2014 | 3 | |||||||||||
Korea, Republic of |
ELIZABETH ARDEN PRETTY | Registered | 782350 | 11-Feb-2008 | 40-2008-6095 | 09-Mar-2009 | 3 | |||||||||||
Mexico |
ELIZABETH ARDEN PRETTY | Registered | 1025531 | 25-Jan-2008 | 909466 | 21-Feb-2008 | 3 | |||||||||||
New Zealand |
ELIZABETH ARDEN PRETTY | Registered | 783791 | 05-Feb-2008 | 783791 | 05-Feb-2008 | 3 | |||||||||||
Norway |
ELIZABETH ARDEN PRETTY | Registered | 245955 | 05-Feb-2008 | 200801344 | 20-May-2008 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Panama |
ELIZABETH ARDEN PRETTY | Registered | 176335 | 24-Oct-2008 | 176335 | 24-Oct-2008 | 3 | |||||||||||
Russian Federation |
ELIZABETH ARDEN PRETTY | Registered | 383218 | 05-Feb-2008 | 2008702974 | 10-Jul-2009 | 3 | |||||||||||
Serbia |
ELIZABETH ARDEN PRETTY | Pending | 17-Feb-2009 | Z301/2009 | ||||||||||||||
Singapore |
ELIZABETH ARDEN PRETTY | Registered | T08014431 | 02-May-2008 | T08014431 | 02-May-2008 | 3 | |||||||||||
South Africa |
ELIZABETH ARDEN PRETTY | Registered | 200802596 | 06-Feb-2008 | 2008/0296 | 15-Dec-2010 | 3 | |||||||||||
Switzerland |
ELIZABETH ARDEN PRETTY | Registered | 572002 | 05-Feb-2008 | 51451/2008 | 05-Feb-2008 | 3 | |||||||||||
Taiwan |
ELIZABETH ARDEN PRETTY | Registered | 1332418 | 05-Feb-2008 | 097005938 | 16-Oct-2008 | 3 | |||||||||||
United Arab Emirates |
ELIZABETH ARDEN PRETTY | Registered | 147516 | 12-Feb-2008 | 107007 | 14-Jun-2011 | 3 | |||||||||||
United States of America |
ELIZABETH ARDEN PRETTY | Registered | 3652083 | 04-Feb-2008 | 77387639 | 07-Jul-2009 | 3 | |||||||||||
Vietnam |
ELIZABETH ARDEN PRETTY | Registered | 226876 | 13-Aug-2012 | 4201217786 | 24-Jun-2014 | 3 | |||||||||||
Armenia |
ELIZABETH ARDEN PROVOCATIVE | Registered | 20240 | 03-Aug-2012 | 20121043 | 02-Aug-2013 | 3 | |||||||||||
Azerbaijan |
ELIZABETH ARDEN PROVOCATIVE | Registered | 2013 1822 | 09-Aug-2012 | 20121175 | 28-Dec-2013 | 3 | |||||||||||
Canada |
ELIZABETH ARDEN PROVOCATIVE | Registered | 637222 | 19-Sep-2003 | 1,191,349 | 13-Apr-2005 | 3 | |||||||||||
European Community |
ELIZABETH ARDEN PROVOCATIVE | Registered | 3027562 | 29-Jan-2003 | 03027562 | 06-Sep-2004 | 3 | |||||||||||
Kazakhstan |
ELIZABETH ARDEN PROVOCATIVE | Registered | 44225 | 02-Aug-2012 | 59038 | 17-Apr-2014 | 3 | |||||||||||
Russian Federation |
ELIZABETH ARDEN PROVOCATIVE | Registered | 347988 | 01-Dec-2006 | 2006735107 | 14-Apr-2008 | 3 | |||||||||||
United States of America |
ELIZABETH ARDEN PROVOCATIVE | Registered | 2979274 | 19-Sep-2003 | 78/302799 | 26-Jul-2005 | 3 | |||||||||||
Vietnam |
ELIZABETH ARDEN PROVOCATIVE | Registered | 226898 | 13-Aug-2012 | 4201217787 | 24-Jun-2014 | 3 | |||||||||||
Argentina |
ELIZABETH ARDEN PROVOCATIVE WOMAN | Registered | 3414974 | 14-Nov-2003 | 2476399 | 16-Jun-2005 | 3 | |||||||||||
Australia |
ELIZABETH ARDEN PROVOCATIVE WOMAN | Registered | 978510 | 14-Nov-2003 | 978510 | 14-Nov-2003 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Brazil |
ELIZABETH ARDEN PROVOCATIVE WOMAN | Registered | 825930731 | 17-Nov-2003 | 825930731 | 20-May-2008 | 3 | |||||||||||
Chile |
ELIZABETH ARDEN PROVOCATIVE WOMAN | Registered | 1107822 | 17-Nov-2003 | 628176 | 06-May-2004 | 3 | |||||||||||
China (Peoples Republic) |
ELIZABETH ARDEN PROVOCATIVE WOMAN | Registered | 3806405 | 19-Nov-2003 | 3806405 | 21-Apr-2006 | 3 | |||||||||||
Colombia |
ELIZABETH ARDEN PROVOCATIVE WOMAN | Registered | 284844 | 14-Nov-2003 | 2003101110 | 29-Jun-2004 | 3 | |||||||||||
European Community |
ELIZABETH ARDEN PROVOCATIVE WOMAN | Registered | 003476488 | 14-Nov-2003 | 3476488 | 15-Apr-2005 | 3 | |||||||||||
Hong Kong |
ELIZABETH ARDEN PROVOCATIVE WOMAN | Registered | 300111608 | 14-Nov-2003 | 300111608 | 14-Nov-2003 | 3 | |||||||||||
India |
ELIZABETH ARDEN PROVOCATIVE WOMAN | Registered | 1249959 | 17-Nov-2003 | 01249959 | 17-Nov-2003 | 3 | |||||||||||
Japan |
ELIZABETH ARDEN PROVOCATIVE WOMAN | Registered | 4796406 | 19-Nov-2003 | 2003102562 | 20-Aug-2004 | 3 | |||||||||||
Korea, Republic of |
ELIZABETH ARDEN PROVOCATIVE WOMAN | Registered | 622857 | 18-Nov-2003 | 40-2003-50773 | 28-Jun-2005 | 3 | |||||||||||
New Zealand |
ELIZABETH ARDEN PROVOCATIVE WOMAN | Registered | 704464 | 14-Nov-2003 | 704464 | 14-Nov-2003 | 3 | |||||||||||
South Africa |
ELIZABETH ARDEN PROVOCATIVE WOMAN | Registered | 200320140 | 17-Nov-2003 | 2003/20140 | 27-Feb-2008 | 3 | |||||||||||
Switzerland |
ELIZABETH ARDEN PROVOCATIVE WOMAN | Registered | 518854 | 12-Jan-2004 | 50146/2004 | 12-Jan-2004 | 3 | |||||||||||
Taiwan |
ELIZABETH ARDEN PROVOCATIVE WOMAN | Registered | 1117389 | 17-Nov-2003 | 092066436 | 01-Sep-2004 | 3 | |||||||||||
Australia |
ELIZABETH ARDEN PURE FINISH | Registered | 1253562 | 25-Jul-2008 | 1253562 | 25-Jul-2008 | 3 | |||||||||||
Canada |
ELIZABETH ARDEN PURE FINISH | Registered | 739349 | 25-Jul-2008 | 1404806 | 01-May-2009 | ||||||||||||
China (Peoples Republic) |
ELIZABETH ARDEN PURE FINISH | Registered | 6871237 | 30-Jul-2008 | 6871237 | 21-Aug-2010 | 3 | |||||||||||
European Community |
ELIZABETH ARDEN PURE FINISH | Registered | 7092794 | 25-Jul-2008 | 7092794 | 25-Jul-2008 | 3, 5, 44 | |||||||||||
Hong Kong |
ELIZABETH ARDEN PURE FINISH | Registered | 301168498 | 25-Jul-2008 | 301168498 | 25-Jul-2008 | 3 | |||||||||||
India |
ELIZABETH ARDEN PURE FINISH | Registered | 1714936 | 28-Jul-2008 | 1714936 | 28-Jul-2018 | 3 | |||||||||||
Japan |
ELIZABETH ARDEN PURE FINISH | Registered | 5123895 | 29-Jul-2008 | 2008-061848 | 13-Mar-2009 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Korea, Republic of |
ELIZABETH ARDEN PURE FINISH | Registered | 793962 | 25-Jul-2008 | 40-2008-36876 | 02-Jul-2009 | 3 | |||||||||||
Mexico |
ELIZABETH ARDEN PURE FINISH | Registered | 1056940 | 01-Aug-2008 | 951983 | 27-Aug-2008 | 3 | |||||||||||
New Zealand |
ELIZABETH ARDEN PURE FINISH | Registered | 793316 | 25-Jul-2008 | 793316 | 25-Jul-2008 | 3 | |||||||||||
Norway |
ELIZABETH ARDEN PURE FINISH | Registered | 248603 | 28-Jul-2008 | 200809284 | 11-Nov-2008 | 3 | |||||||||||
Russian Federation |
ELIZABETH ARDEN PURE FINISH | Registered | 417481 | 07-Aug-2008 | 2008725302 | 02-Sep-2010 | 3 | |||||||||||
Singapore |
ELIZABETH ARDEN PURE FINISH | Registered | T08100273 | 29-Jul-2008 | T08100273 | 29-Jul-2008 | 3 | |||||||||||
South Africa |
ELIZABETH ARDEN PURE FINISH | Registered | 200817259 | 25-Jul-2008 | 200817259 | 20-Sep-2010 | 3 | |||||||||||
Switzerland |
ELIZABETH ARDEN PURE FINISH | Registered | 580439 | 25-Jul-2008 | 59284/2008 | 25-Jul-2008 | 3 | |||||||||||
Taiwan |
ELIZABETH ARDEN PURE FINISH | Registered | 1369548 | 29-Jul-2008 | 097035621 | 16-Jul-2009 | 3 | |||||||||||
United Arab Emirates |
ELIZABETH ARDEN PURE FINISH | Registered | 134594 | 13-Oct-2008 | 120340 | 17-Mar-2011 | 3 | |||||||||||
United States of America |
ELIZABETH ARDEN PURE FINISH | Registered | 3624537 | 24-Jul-2008 | 77530320 | 19-May-2009 | 3 | |||||||||||
Japan |
ELIZABETH ARDEN RED DOOR | Registered | 2722023 | 13-Mar-1992 | 27915/92 | 06-Jun-1997 | 3 | |||||||||||
Switzerland |
ELIZABETH ARDEN RED DOOR | Registered | 370467 | 21-Apr-1989 | 3 | |||||||||||||
Mexico |
ELIZABETH ARDEN RED DOOR (LABEL) | Registered | 400944 | 13-Sep-1989 | 71445 | 13-Sep-1989 | 3 | |||||||||||
Switzerland |
ELIZABETH ARDEN RED DOOR (LABEL) | Registered | 372242 | 21-Apr-1989 | 3 | |||||||||||||
Taiwan |
ELIZABETH ARDEN RED DOOR (WORDS IN LOCAL SCRIPT) | Registered | 797313 | 85046801 | 28-Feb-1998 | 3 | ||||||||||||
United States of America |
ELIZABETH ARDEN RED DOOR AND DEVICE (LINED FOR COLOR) | Registered | 1649230 | 20-Apr-1990 | 74/051,125 | 02-Jul-1991 | 3 | |||||||||||
Switzerland |
ELIZABETH ARDEN SALON PROVED AND DOOR DEVICE | Registered | 308961 | 17-Oct-1980 | 16-Apr-1981 | 3, 8, 10, 14, 18, 21, 26 | ||||||||||||
United States of America |
ELIZABETH ARDEN SHEER KISS | Pending | 17-Jun-2016 | 87075268 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Hong Kong |
ELIZABETH ARDEN SHEER LIGHTS | Registered | 200404917 | 21-Jun-2002 | 200209443 | 21-Jun-2002 | 3 | |||||||||||
China (Peoples Republic) |
ELIZABETH ARDEN SHEER WHITE | Registered | 4083939 | 25-May-2004 | 4083939 | 21-Apr-2007 | 3 | |||||||||||
European Community |
ELIZABETH ARDEN SHEER WHITE | Registered | 3828407 | 21-May-2004 | 03828407 | 09-Aug-2004 | 3 | |||||||||||
Hong Kong |
ELIZABETH ARDEN SHEER WHITE | Registered | 300218475 | 20-May-2004 | 300318475 | 20-May-2004 | 3 | |||||||||||
Korea, Republic of |
ELIZABETH ARDEN SHEER WHITE | Registered | 648545 | 20-May-2004 | 40-2004-22655 | 25-Jan-2006 | 3 | |||||||||||
Mexico |
ELIZABETH ARDEN SHEER WHITE | Registered | 839201 | 20-May-2004 | 657248 | 21-Jun-2004 | 3 | |||||||||||
Singapore |
ELIZABETH ARDEN SHEER WHITE | Registered | T0408199I | 21-May-2004 | T04/08199I | 21-May-2004 | 3 | |||||||||||
European Community |
ELIZABETH ARDEN SHINE POPS | Registered | 4175543 | 30-Dec-2004 | 4175543 | 20-Jan-2006 | 3 | |||||||||||
Hong Kong |
ELIZABETH ARDEN SHINE POPS | Registered | 300346806 | 30-Dec-2004 | 300346806 | 29-Apr-2005 | 3 | |||||||||||
European Community |
ELIZABETH ARDEN SKIN ILLUMINATING COMPLEX | Registered | 003382884 | 03-Oct-2003 | 3382884 | 03-Dec-2004 | 3 | |||||||||||
Hong Kong |
ELIZABETH ARDEN SKIN ILLUMINATING COMPLEX | Registered | 200306694 | 30-Jun-2000 | 14409/2000 | 30-Jun-2000 | 3 | |||||||||||
New Zealand |
ELIZABETH ARDEN SKIN ILLUMINATING COMPLEX | Registered | 622308 | 04-Sep-2000 | 622308 | 04-Sep-2000 | 3 | |||||||||||
Japan |
ELIZABETH ARDEN SMOKY EYES | Registered | 4979883 | 05-Apr-2005 | 2005029670 | 18-Aug-2006 | 3 | |||||||||||
Australia |
ELIZABETH ARDEN SPA | Registered | 635125 | 15-Jul-1994 | 15-Jul-1994 | 3 | ||||||||||||
Austria |
ELIZABETH ARDEN SPA | Registered | 157312 | 02-Feb-1995 | AM 563/95 | 23-Mar-1995 | 3 | |||||||||||
Bolivia |
ELIZABETH ARDEN SPA | Registered | 61621-C | SM-3842-94 | 15-Aug-1996 | 3 | ||||||||||||
Brazil |
ELIZABETH ARDEN SPA | Registered | 817618538 | 05-Mar-1996 | 3 | |||||||||||||
Canada |
ELIZABETH ARDEN SPA | Registered | 453325 | 27-Feb-1993 | 729,686 | 02-Feb-1996 | 3 | |||||||||||
Chile |
ELIZABETH ARDEN SPA | Registered | 1140131 | 262471 | 20-Sep-1994 | 3 | ||||||||||||
China (Peoples Republic) |
ELIZABETH ARDEN SPA | Registered | 840154 | 94,084,364 | 21-May-1996 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Costa Rica |
ELIZABETH ARDEN SPA | Registered | 91729 | 91851 | 14-Jun-1995 | 3 | ||||||||||||
Denmark |
ELIZABETH ARDEN SPA | Registered | 199406689 | 4788/94 | 07-Oct-1994 | 3 | ||||||||||||
Dominican Republic |
ELIZABETH ARDEN SPA | Registered | 77164 | 2,231 | 15-Apr-1995 | 50 | ||||||||||||
Ecuador |
ELIZABETH ARDEN SPA | Registered | 4896-95 | 28-Nov-1994 | 52248 | 22-Dec-1995 | 3 | |||||||||||
Finland |
ELIZABETH ARDEN SPA | Registered | 138079 | 9403430 | 05-Jun-1995 | 3 | ||||||||||||
Greece |
ELIZABETH ARDEN SPA | Registered | 122790 | 02-Feb-1995 | 122,790 | 17-Oct-1997 | 3 | |||||||||||
Honduras |
ELIZABETH ARDEN SPA | Registered | 61593 | 9396/94 | 17-May-1995 | 3 | ||||||||||||
Hong Kong |
ELIZABETH ARDEN SPA | Registered | 1999B08823 | 21-Nov-1994 | 13746/94 | 21-Nov-1994 | 3 | |||||||||||
Hungary |
ELIZABETH ARDEN SPA | Registered | 147080 | 07-Feb-1995 | M9500372 | 20-Oct-1997 | 3 | |||||||||||
Iceland |
ELIZABETH ARDEN SPA | Registered | 698/1995 | 28-Dec-1994 | 1389/1994 | 27-Jul-1995 | 3 | |||||||||||
Ireland |
ELIZABETH ARDEN SPA | Registered | 168065 | 17-Nov-1994 | 947,037 | 17-Nov-2001 | 3 | |||||||||||
Japan |
ELIZABETH ARDEN SPA | Registered | 4213725 | 14-Jul-1994 | 70909/94 | 20-Nov-1998 | 3 | |||||||||||
Kenya |
ELIZABETH ARDEN SPA | Registered | 42272 | 31-Jan-1995 | 31-Jan-1995 | 3 | ||||||||||||
Malaysia |
ELIZABETH ARDEN SPA | Renewed | 9500777 | 24-Jan-1995 | 24-Jan-1995 | 3 | ||||||||||||
Malta |
ELIZABETH ARDEN SPA | Registered | 23799 | 23-Nov-1994 | 13-Jun-1995 | 3 | ||||||||||||
Nicaragua |
ELIZABETH ARDEN SPA | Registered | 28.652 C.C. | 94-03158 | 22-May-1995 | 3 | ||||||||||||
Paraguay |
ELIZABETH ARDEN SPA | Registered | 285501 | 25260 | 21-Nov-1995 | 3 | ||||||||||||
Peru |
ELIZABETH ARDEN SPA | Registered | 17682 | 267,259 | 27-Jul-1995 | 3 | ||||||||||||
Poland |
ELIZABETH ARDEN SPA | Registered | 96166 | 31-Jan-1995 | Z-142966 | 11-Jun-1997 | 3 | |||||||||||
Russian Federation |
ELIZABETH ARDEN SPA | Registered | 146251 | 31-Jan-1995 | 95701008 | 31-Jan-1995 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Saudi Arabia |
ELIZABETH ARDEN SPA | Registered | 352/26 | 27-Nov-1994 | 27392 | 25-Sep-1995 | 3 | |||||||||||
Singapore |
ELIZABETH ARDEN SPA | Registered | T9410162E | 22-Nov-1994 | 22-Nov-1994 | 3 | ||||||||||||
South Africa |
ELIZABETH ARDEN SPA | Registered | 9412744 | 21-Nov-1994 | 21-Nov-1994 | 3 | ||||||||||||
Spain |
ELIZABETH ARDEN SPA | Registered | 1936366 | 14-Dec-1994 | 05-Jul-1995 | 3 | ||||||||||||
Sweden |
ELIZABETH ARDEN SPA | Registered | 302980 | 08-Jul-1994 | 94-07107 | 16-Jun-1995 | 3 | |||||||||||
Switzerland |
ELIZABETH ARDEN SPA | Registered | 427505 | 30-Jan-1995 | 616/19954 | 30-Jan-1995 | 3 | |||||||||||
Trinidad and Tobago |
ELIZABETH ARDEN SPA | Registered | 23289 | 30-Nov-1994 | 23289 | 30-Nov-1994 | 3 | |||||||||||
Canada |
ELIZABETH ARDEN SPICED GREEN TEA | Registered | 618040 | 29-Aug-2001 | 1,113,590 | 30-Aug-2004 | ||||||||||||
Antigua and Barbuda |
ELIZABETH ARDEN SPLENDOR | Registered | 5424 | 06-Jul-1998 | NONE | 16-Sep-1998 | 48 | |||||||||||
Argentina |
ELIZABETH ARDEN SPLENDOR | Registered | 2374140 | 2144387 | 07-Jun-2010 | 3 | ||||||||||||
Aruba |
ELIZABETH ARDEN SPLENDOR | Registered | 19093 | 16-Apr-1998 | 980416.13 | 16-Apr-1998 | 3 | |||||||||||
Australia |
ELIZABETH ARDEN SPLENDOR | Registered | 753892 | 30-Jan-1998 | 753892 | 30-Jan-1998 | 3 | |||||||||||
Bahrain |
ELIZABETH ARDEN SPLENDOR | Registered | 27276 | 23-Mar-2000 | 691/2000 | 26-Mar-2000 | 3 | |||||||||||
Barbados |
ELIZABETH ARDEN SPLENDOR | Registered | 81/13346 | 10-May-2000 | NONE | 11-Jun-2001 | 3 | |||||||||||
Benelux |
ELIZABETH ARDEN SPLENDOR | Registered | 619005 | 07-Nov-1997 | 904419 | 07-Nov-1997 | 3 | |||||||||||
Bermuda |
ELIZABETH ARDEN SPLENDOR | Registered | 29770 | 29,770 | 03-Jun-1998 | 3 | ||||||||||||
Bolivia |
ELIZABETH ARDEN SPLENDOR | Registered | 75895-C | SM-2359-98 | 12-Nov-1999 | 3 | ||||||||||||
Brazil |
ELIZABETH ARDEN SPLENDOR | Registered | 820591742 | 06-Apr-1998 | 820,591,742 | 30-Aug-2005 | 3 | |||||||||||
Canada |
ELIZABETH ARDEN SPLENDOR | Registered | 577527 | 07-Jul-1998 | 883,487 | 17-Mar-2003 | ||||||||||||
Chile |
ELIZABETH ARDEN SPLENDOR | Registered | 843755 | 09-Apr-1998 | 411140 | 21-Sep-1998 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Colombia |
ELIZABETH ARDEN SPLENDOR | Registered | 221587 | 13-Jul-1998 | 98/039,619 | 04-Aug-1999 | 3 | |||||||||||
Costa Rica |
ELIZABETH ARDEN SPLENDOR | Registered | 111,925 | 29-Jul-1998 | 116,987 | 17-Feb-1999 | 3 | |||||||||||
Curacao |
ELIZABETH ARDEN SPLENDOR | Registered | 09611 | 19-Feb-2003 | D-8309 | 25-May-1998 | 03 | |||||||||||
Cyprus, Republic of |
ELIZABETH ARDEN SPLENDOR | Registered | 50218 | 27-Apr-1998 | 50218 | 12-May-2003 | 3 | |||||||||||
Denmark |
ELIZABETH ARDEN SPLENDOR | Registered | VR 1998 02223 | VA 01.605 1998 | 15-May-1998 | 3 | ||||||||||||
Dominican Republic |
ELIZABETH ARDEN SPLENDOR | Registered | 97960 | 15-Jul-1998 | 50 | |||||||||||||
El Salvador |
ELIZABETH ARDEN SPLENDOR | Registered | 164/100 | 31-Jul-1998 | 4546/98 | 23-Dec-1999 | 3 | |||||||||||
Gaza District |
ELIZABETH ARDEN SPLENDOR | Registered | 5600 | 24-Jun-1998 | 10-Apr-1999 | 3 | ||||||||||||
Greece |
ELIZABETH ARDEN SPLENDOR | Registered | 136,590 | 14-Apr-1998 | 136,590 | 18-Apr-2000 | 3 | |||||||||||
Guatemala |
ELIZABETH ARDEN SPLENDOR | Registered | 96412 | 98-06225 | 15-Jun-1999 | 3 | ||||||||||||
Hong Kong |
ELIZABETH ARDEN SPLENDOR | Registered | 199914193 | 09-Apr-1998 | 4589/98 | 09-Apr-1998 | 3 | |||||||||||
Indonesia |
ELIZABETH ARDEN SPLENDOR | Registered | 000137330 | 29-May-1998 | D98-09331 | 14-Feb-2000 | 3 | |||||||||||
Ireland |
ELIZABETH ARDEN SPLENDOR | Registered | 213585 | 06-Apr-1998 | 981,292 | 07-Sep-2000 | 3 | |||||||||||
Israel |
ELIZABETH ARDEN SPLENDOR | Registered | 120515 | 23-Jun-1998 | 08-May-2000 | 3 | ||||||||||||
Jamaica |
ELIZABETH ARDEN SPLENDOR | Registered | B35408 | 17-Apr-1998 | 33755 | 17-Apr-1998 | 3 | |||||||||||
Jordan |
ELIZABETH ARDEN SPLENDOR | Registered | 50164 | 25-Jun-1998 | 25-Jun-1998 | 3 | ||||||||||||
Kenya |
ELIZABETH ARDEN SPLENDOR | Registered | 47614 | 09-Jul-1998 | 47614 | 09-Jul-1998 | 3 | |||||||||||
Lebanon |
ELIZABETH ARDEN SPLENDOR | Registered | 149370 | 22-Aug-1998 | 22-Aug-1998 | 3 | ||||||||||||
Malaysia |
ELIZABETH ARDEN SPLENDOR | Registered | 98005784 | 14-May-1998 | 98/05784 | 14-May-1998 | 3 | |||||||||||
Malta |
ELIZABETH ARDEN SPLENDOR | Registered | 28747 | 26-Jun-1998 | 23-Jun-1998 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Mexico |
ELIZABETH ARDEN SPLENDOR | Registered | 668557 | 17-Jul-1998 | 340333 | 28-Aug-2000 | 3 | |||||||||||
Netherlands Antilles |
ELIZABETH ARDEN SPLENDOR | Registered | 2696 | 27-Apr-1998 | D-8309 | 31-Dec-2001 | 3 | |||||||||||
Netherlands Antilles |
ELIZABETH ARDEN SPLENDOR | Registered | 08171 | 27-Apr-1998 | 27-Jan-2008 | |||||||||||||
New Zealand |
ELIZABETH ARDEN SPLENDOR | Registered | 290668 | 03-Apr-1998 | 290668 | 03-Apr-1998 | 3 | |||||||||||
Norway |
ELIZABETH ARDEN SPLENDOR | Registered | 194246 | 1998/03038 | 12-Nov-1998 | 3 | ||||||||||||
Oman |
ELIZABETH ARDEN SPLENDOR | Registered | 18154 | 01-Jul-1998 | 18,154 | 10-Dec-2003 | 3 | |||||||||||
Panama |
ELIZABETH ARDEN SPLENDOR | Registered | 100176 | 21-Apr-1999 | 100176 | 21-Apr-1999 | 3 | |||||||||||
Paraguay |
ELIZABETH ARDEN SPLENDOR | Registered | 322700 | 13683 | 23-Feb-1999 | 3 | ||||||||||||
Peru |
ELIZABETH ARDEN SPLENDOR | Registered | 50336 | 65,192 | 16-Nov-1998 | 3 | ||||||||||||
Philippines |
ELIZABETH ARDEN SPLENDOR | Registered | 42012502118 | 14-Aug-2012 | 42012502118 | 03-Jan-2013 | 3 | |||||||||||
Saudi Arabia |
ELIZABETH ARDEN SPLENDOR | Registered | 466/23 | 23-Jun-1998 | 44452 | 02-Mar-1999 | 3 | |||||||||||
Singapore |
ELIZABETH ARDEN SPLENDOR | Registered | T98/04427H | 08-May-1998 | S/4427/98 | 08-May-1998 | 3 | |||||||||||
St. Kitts and Nevis |
ELIZABETH ARDEN SPLENDOR | Registered | 4845 | 24-Aug-1998 | 24-Aug-1998 | 48 | ||||||||||||
Taiwan |
ELIZABETH ARDEN SPLENDOR | Registered | 837670 | 08-Apr-1998 | 87015816 | 01-Feb-1999 | 3 | |||||||||||
Trinidad and Tobago |
ELIZABETH ARDEN SPLENDOR | Registered | 28327 | 21-May-1998 | 28327 | 21-May-1998 | 3 | |||||||||||
United Arab Emirates |
ELIZABETH ARDEN SPLENDOR | Registered | 22678 | 11-Aug-1998 | 27912 | 11-Aug-1998 | 3 | |||||||||||
United States of America |
ELIZABETH ARDEN SPLENDOR | Registered | 2,278,502 | 26-Feb-1998 | 75/440,958 | 14-Sep-1999 | 3 | |||||||||||
Uruguay |
ELIZABETH ARDEN SPLENDOR | Registered | 305,363 | 07-Jul-1998 | 305,363 | 16-Oct-1998 | 3 | |||||||||||
West Bank |
ELIZABETH ARDEN SPLENDOR | Registered | 6456 | 11-Aug-1998 | 6,456 | 15-May-2002 | 3 | |||||||||||
Yemen, Republic of |
ELIZABETH ARDEN SPLENDOR | Registered | 10155 | 29-Jun-1998 | 12,529 | 25-Jul-1999 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Zimbabwe |
ELIZABETH ARDEN SPLENDOR | Registered | 794/98 | 19-Jun-1998 | 19-Jun-1998 | 3 | ||||||||||||
Taiwan |
ELIZABETH ARDEN SPLENDOR (WORDS IN LOCAL SCRIPT) | Registered | 895169 | 88003244 | 28-Feb-1998 | 3 | ||||||||||||
United States of America |
ELIZABETH ARDEN STATEMENT BROW | Pending | 05-May-2016 | 87025897 | 3 | |||||||||||||
Chile |
ELIZABETH ARDEN SUNFLOWERS | Registered | 684647 | 238806 | 17-Nov-1993 | 3 | ||||||||||||
Chile |
ELIZABETH ARDEN SUNFLOWERS | Registered | 416712 | 28-Apr-1993 | 238806 | 17-Nov-1993 | 3 | |||||||||||
China (Peoples Republic) |
ELIZABETH ARDEN SUNFLOWERS | Registered | 1315105 | 9,800,062,217 | 21-Sep-1999 | 3 | ||||||||||||
Ecuador |
ELIZABETH ARDEN SUNFLOWERS | Registered | 3114 | 20-May-1993 | 39177 | 01-Aug-1994 | 3 | |||||||||||
Hong Kong |
ELIZABETH ARDEN SUNFLOWERS | Registered | 199912902 | 11-May-1993 | 199912902 | 11-May-1993 | 3 | |||||||||||
Indonesia |
ELIZABETH ARDEN SUNFLOWERS | Registered | 000123210 | 28-Feb-1997 | D97 3452 | 28-Feb-1997 | 3 | |||||||||||
Ireland |
ELIZABETH ARDEN SUNFLOWERS | Registered | 210274 | 15-Jun-1998 | 982,506 | 19-Apr-2000 | 3 | |||||||||||
Malaysia |
ELIZABETH ARDEN SUNFLOWERS | Registered | 93005408 | 28-Jul-1993 | 28-Jul-1993 | 3 | ||||||||||||
Philippines |
ELIZABETH ARDEN SUNFLOWERS | Published | 18-Aug-2016 | 42016501568 | 3 | |||||||||||||
United Kingdom |
ELIZABETH ARDEN SUNFLOWERS | Registered | 1574422 | 31-Oct-1994 | 31-Oct-1994 | 3 | ||||||||||||
United Kingdom |
ELIZABETH ARDEN SUNFLOWERS (WORDS IN PARTICULAR STYLE) | Registered | 1544270 | 31-Oct-1994 | 31-Oct-1994 | 3 | ||||||||||||
Hong Kong |
ELIZABETH ARDEN SUNFLOWERS (YI LI SHA BAI YA DUM) IN CHI | Registered | 200201715 | 30-May-2000 | 12018/2000 | 11-Feb-2002 | 3 | |||||||||||
Taiwan |
ELIZABETH ARDEN SUNFLOWERS IN CHINESE CHARACTERS | Registered | 983658 | 04-May-2000 | 89,024,486 | 29-Feb-2008 | 3 | |||||||||||
Argentina |
ELIZABETH ARDEN SUPERSTART | Published | 07-Jan-2015 | 3378478 | ||||||||||||||
Australia |
ELIZABETH ARDEN SUPERSTART | Registered | 1667698 | 06-Jan-2015 | 1667698 | 05-Aug-2015 | 03 Int. |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Brazil |
ELIZABETH ARDEN SUPERSTART | Pending | 09-Jan-2015 | 908846690 | 03 Int. | |||||||||||||
Canada |
ELIZABETH ARDEN SUPERSTART | Registered | TMA928915 | 05-Jan-2015 | 1709366 | 12-Feb-2016 | ||||||||||||
Chile |
ELIZABETH ARDEN SUPERSTART | Published | 07-Jan-2015 | 1137859 | 03 Int. | |||||||||||||
China (Peoples Republic) |
ELIZABETH ARDEN SUPERSTART | Published | 09-Dec-2014 | 15887489 | 03 Int. | |||||||||||||
Colombia |
ELIZABETH ARDEN SUPERSTART | Registered | 52173 | 07-Jan-2015 | 15003111 | 25-Aug-2015 | 03 Int. | |||||||||||
Egypt |
ELIZABETH ARDEN SUPERSTART | Pending | 21-Jan-2015 | 313007 | ||||||||||||||
European Community |
ELIZABETH ARDEN SUPERSTART | Registered | 13500021 | 26-Nov-2014 | 013500021 | 12-Mar-2015 | ||||||||||||
Hong Kong |
ELIZABETH ARDEN SUPERSTART | Registered | 303223764 | 04-Dec-2014 | 303223764 | 18-May-2015 | 03 Int. | |||||||||||
India |
ELIZABETH ARDEN SUPERSTART | Published | 04-Dec-2014 | 2857207 | 03 Int. | |||||||||||||
Indonesia |
ELIZABETH ARDEN SUPERSTART | Pending | 21-Jan-2015 | D002015002369 | ||||||||||||||
Israel |
ELIZABETH ARDEN SUPERSTART | Published | 06-Jan-2015 | 03 Int. | ||||||||||||||
Japan |
ELIZABETH ARDEN SUPERSTART | Registered | 5763324 | 06-Jan-2015 | 2015000478 | 15-May-2015 | ||||||||||||
Korea, Republic of |
ELIZABETH ARDEN SUPERSTART | Registered | 40-1124718 | 06-Jan-2015 | 40-2015-700 | 20-Aug-2015 | 03 | |||||||||||
Lebanon |
ELIZABETH ARDEN SUPERSTART | Registered | 163977 | 08-Jan-2015 | 27880 | 16-Jan-2015 | 03 | |||||||||||
Malaysia |
ELIZABETH ARDEN SUPERSTART | Pending | 22-Jan-2015 | 2015000853 | ||||||||||||||
Mexico |
ELIZABETH ARDEN SUPERSTART | Registered | 1527174 | 07-Jan-2015 | 1563539 | 31-Mar-2015 | 03 | |||||||||||
Morocco |
ELIZABETH ARDEN SUPERSTART | Registered | 164832 | 21-Jan-2015 | 164832 | 21-Jan-2015 | ||||||||||||
New Zealand |
ELIZABETH ARDEN SUPERSTART | Registered | 1011989 | 06-Jan-2015 | 1011989 | 07-Jul-2015 | 03 Int. | |||||||||||
Panama |
ELIZABETH ARDEN SUPERSTART | Registered | 237736 | 16-Jan-2015 | 237736 | 23-Jul-2015 | 03 Int. |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Paraguay |
ELIZABETH ARDEN SUPERSTART | Pending | 08-Jan-2015 | 4222015 | 03 Int. | |||||||||||||
Philippines |
ELIZABETH ARDEN SUPERSTART | Registered | 42014505588 | 27-Nov-2014 | 42014505588 | 21-May-2015 | ||||||||||||
Russian Federation |
ELIZABETH ARDEN SUPERSTART | Registered | 566494 | 12-Jan-2015 | 2015700111 | 03-Mar-2016 | 03 Int. | |||||||||||
Saudi Arabia |
ELIZABETH ARDEN SUPERSTART | Published | 19-Apr-2015 | 1436014062 | 03 Int. | |||||||||||||
Singapore |
ELIZABETH ARDEN SUPERSTART | Pending | 07-Jan-2015 | 40201500382R | ||||||||||||||
South Africa |
ELIZABETH ARDEN SUPERSTART | Pending | 06-Jan-2015 | 201500299 | ||||||||||||||
Switzerland |
ELIZABETH ARDEN SUPERSTART | Registered | 870926 | 06-Jan-2015 | 50050/2015 | 20-Mar-2015 | 03 | |||||||||||
Taiwan |
ELIZABETH ARDEN SUPERSTART | Registered | 1721933 | 06-Jan-2015 | 104000380 | 16-Aug-2015 | 03 | |||||||||||
Thailand |
ELIZABETH ARDEN SUPERSTART | Pending | 09-Dec-2014 | 965417 | 03 | |||||||||||||
Turkey |
ELIZABETH ARDEN SUPERSTART | Registered | 2015/00829 | 06-Jan-2015 | 2015/00829 | 06-Jan-2015 | ||||||||||||
United Arab Emirates |
ELIZABETH ARDEN SUPERSTART | Published | 11-Jan-2015 | 224860 | ||||||||||||||
United States of America |
ELIZABETH ARDEN SUPERSTART | Registered | 4882895 | 24-Nov-2014 | 86463278 | 05-Jan-2016 | 03 Int. | |||||||||||
Venezuela |
ELIZABETH ARDEN SUPERSTART | Pending | 30-Jan-2015 | 2015001253 | 03 Int. | |||||||||||||
Vietnam |
ELIZABETH ARDEN SUPERSTART | Published | 12-Dec-2014 | 4201430937 | ||||||||||||||
United States of America |
ELIZABETH ARDEN THE FOUNDATION AUTHORITY | Published | 26-Oct-2015 | 86799062 | 03 | |||||||||||||
Peru |
ELIZABETH ARDEN VELVA | Registered | 71361 | 27-Oct-1987 | 3 | |||||||||||||
Chile |
ELIZABETH ARDEN VISIBLE DIFFERENCE | Registered | 859875 | 118785 | 06-Apr-1989 | 3 | ||||||||||||
European Community |
ELIZABETH ARDEN VISIBLE DIFFERENCE | Registered | 13476742 | 20-Nov-2014 | 13476742 | 21-Apr-2015 | ||||||||||||
Hong Kong |
ELIZABETH ARDEN VISIBLE DIFFERENCE | Registered | 200002203 | 26-Sep-1995 | 12048/95 | 26-Sep-1995 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Indonesia |
ELIZABETH ARDEN VISIBLE DIFFERENCE | Registered | IDM000012075 | 16-Nov-1993 | D9314825 | 23-Mar-1995 | 3 | |||||||||||
Korea, Republic of |
ELIZABETH ARDEN VISIBLE DIFFERENCE | Registered | 40266295 | 89-17329 | 17-Jun-1993 | 3 | ||||||||||||
Korea, Republic of |
ELIZABETH ARDEN VISIBLE DIFFERENCE | Registered | 40258251 | 07-Jul-1989 | 1989-17332 | 04-Feb-1993 | 13 | |||||||||||
Malaysia |
ELIZABETH ARDEN VISIBLE DIFFERENCE | Pending | 23-Apr-2010 | 2010007226 | 3 | |||||||||||||
New Zealand |
ELIZABETH ARDEN VISIBLE DIFFERENCE | Registered | 186006 | 29-Jul-1988 | 186006 | 29-Jul-1988 | 3 | |||||||||||
Singapore |
ELIZABETH ARDEN VISIBLE DIFFERENCE | Registered | T95/10104A | 20-Oct-1995 | S/10104/95 | 20-Oct-1995 | 3 | |||||||||||
Turkey |
ELIZABETH ARDEN VISIBLE DIFFERENCE | Published | 08-Jan-2015 | 2015/01284 | ||||||||||||||
Australia |
ELIZABETH ARDEN VISIBLE WHITENER | Registered | 634583 | 08-Jul-1994 | 634583 | 13-Sep-1995 | 3 | |||||||||||
Japan |
ELIZABETH ARDEN VISIBLE WHITENER | Registered | 2674861 | 03-Feb-1992 | 9544/92 | 29-Jun-1994 | 3 | |||||||||||
Korea, Republic of |
ELIZABETH ARDEN VISIBLE WHITENER | Registered | 267769 | 92-3117 | 30-Jun-1993 | 3 | ||||||||||||
New Zealand |
ELIZABETH ARDEN VISIBLE WHITENER | Registered | 215890 | 30-Jan-1992 | 215890 | 30-Jan-1992 | 3 | |||||||||||
Singapore |
ELIZABETH ARDEN VISIBLE WHITENER | Registered | T92/00761C | 31-Jan-1992 | 761/92 | 31-Jan-1992 | 3 | |||||||||||
Australia |
ELIZABETH ARDEN VISIBLE WHITENING | Registered | 776744 | 27-Oct-1998 | 776744 | 11-Jun-1999 | 3 | |||||||||||
Hong Kong |
ELIZABETH ARDEN VISIBLE WHITENING | Registered | 199909344 | 15-Jan-1997 | 517/97 | 15-Jan-1997 | 3 | |||||||||||
Japan |
ELIZABETH ARDEN VISIBLE WHITENING | Registered | 4170807 | 23-Jan-1997 | 5917/97 | 24-Jul-1998 | 3 | |||||||||||
Malaysia |
ELIZABETH ARDEN VISIBLE WHITENING | Renewed | 98012000 | 14-Oct-1998 | 98/12000 | 14-Oct-1998 | 3 | |||||||||||
Australia |
ELIZABETH ARDEN WHITE GLOVE | Registered | 1176457 | 16-May-2007 | 1176457 | 16-May-2007 | 3 | |||||||||||
Canada |
ELIZABETH ARDEN WHITE GLOVE | Registered | 721656 | 16-May-2007 | 1347603 | 21-Aug-2008 | 3 | |||||||||||
China (Peoples Republic) |
ELIZABETH ARDEN WHITE GLOVE | Registered | 5843057 | 12-Jan-2007 | 5843057 | 07-Dec-2009 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
European Community |
ELIZABETH ARDEN WHITE GLOVE | Registered | 5910674 | 16-May-2007 | 005910674 | 21-Feb-2008 | 3 | |||||||||||
Hong Kong |
ELIZABETH ARDEN WHITE GLOVE | Registered | 300794133 | 10-Jan-2007 | 300794133 | 13-Jun-2007 | 3 | |||||||||||
India |
ELIZABETH ARDEN WHITE GLOVE | Registered | 1523992 | 16-Jan-2007 | 1523992 | 16-Jan-2007 | 3 | |||||||||||
Japan |
ELIZABETH ARDEN WHITE GLOVE | Registered | 5055062 | 11-Jan-2007 | 2007001112 | 15-Jun-2007 | 3 | |||||||||||
Korea, Republic of |
ELIZABETH ARDEN WHITE GLOVE | Registered | 723685 | 11-Jan-2007 | 40-2007-1673 | 11-Sep-2007 | 3 | |||||||||||
Mexico |
ELIZABETH ARDEN WHITE GLOVE | Registered | 1003645 | 18-May-2007 | 855569 | 25-Sep-2007 | 3 | |||||||||||
New Zealand |
ELIZABETH ARDEN WHITE GLOVE | Registered | 768500 | 16-May-2007 | 7685003 | 16-May-2007 | 3 | |||||||||||
Norway |
ELIZABETH ARDEN WHITE GLOVE | Registered | 243222 | 21-May-2007 | 200705714 | 17-Dec-2007 | 3 | |||||||||||
Russian Federation |
ELIZABETH ARDEN WHITE GLOVE | Registered | 371624 | 18-May-2007 | 2007714785 | 09-Feb-2009 | 3 | |||||||||||
Singapore |
ELIZABETH ARDEN WHITE GLOVE | Registered | T07/00862A | 11-Jan-2007 | T07/00862A | 11-Jan-2007 | 3 | |||||||||||
South Africa |
ELIZABETH ARDEN WHITE GLOVE | Registered | 200710290 | 17-May-2007 | 200710290 | 24-Jan-2011 | 3 | |||||||||||
Switzerland |
ELIZABETH ARDEN WHITE GLOVE | Registered | 562577 | 16-May-2007 | 55244 | 16-May-2007 | 3 | |||||||||||
Taiwan |
ELIZABETH ARDEN WHITE GLOVE | Registered | 1284814 | 12-Jan-2007 | 096001955 | 01-Nov-2007 | 3 | |||||||||||
United States of America |
ELIZABETH ARDEN WHITE TEA | Pending | 21-Mar-2016 | 86946708 | 3, 4 | |||||||||||||
Taiwan |
EXTREME CONDITIONING CREAM | Registered | 982542 | 15-Jul-2000 | 89040828 | 01-Feb-2002 | 3 | |||||||||||
Austria |
EYE-FIX | Registered | 105943 | 30-Dec-1983 | AM 3705/83 | 29-May-1984 | 3 | |||||||||||
Benelux |
EYE-FIX | Registered | 0395620 | 28-Dec-1983 | 50337 | 28-Dec-1983 | 3 | |||||||||||
Brazil |
EYE-FIX | Registered | 811436977 | 18-Jun-1985 | 3 | |||||||||||||
Bulgaria |
EYE-FIX | Registered | 15092 | 20-Jan-1984 | 166 | 26-Dec-1985 | 3 | |||||||||||
Canada |
EYE-FIX | Registered | 304726 | 29-Dec-1983 | 514,512 | 12-Jul-1985 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Chile |
EYE-FIX | Registered | 1107820 | 27206 | 09-Jun-2004 | 3 | ||||||||||||
Colombia |
EYE-FIX | Registered | 113064 | 11-Feb-1986 | 3 | |||||||||||||
Costa Rica |
EYE-FIX | Registered | 50748 | 83665 | 25-Jun-1997 | 3 | ||||||||||||
Denmark |
EYE-FIX | Registered | 198403206 | 09-Jan-1984 | 143/1984 | 31-Aug-1984 | 3 | |||||||||||
Dominican Republic |
EYE-FIX | Registered | 36968 | 15-May-1984 | 50 | |||||||||||||
Ecuador |
EYE-FIX | Registered | 734 | 2992 | 27-Feb-1985 | 3 | ||||||||||||
Finland |
EYE-FIX | Registered | 93488 | 7230/83 | 20-Aug-1985 | 3 | ||||||||||||
France |
EYE-FIX | Registered | 1255480 | 27-Dec-1983 | 686327 | 27-Dec-1983 | 3 | |||||||||||
Germany |
EYE-FIX | Registered | 1065534 | 28-Dec-1983 | |
E 24077/3 WZ |
|
06-Jul-1984 | 3 | |||||||||
Greece |
EYE-FIX | Registered | 76247 | 09-Jan-1984 | 76,247 | 19-May-1987 | 3 | |||||||||||
Guatemala |
EYE-FIX | Registered | 51860 | 20-Mar-1987 | 3 | |||||||||||||
Italy |
EYE-FIX | Registered | 00459218 | 10-Feb-1984 | 33097 C/84 | 10-Feb-1984 | 3 | |||||||||||
Kuwait |
EYE-FIX | Registered | 16662 | 31-Mar-1985 | 17,820 | 31-Mar-1985 | 3 | |||||||||||
Lebanon |
EYE-FIX | Registered | 151826 | 30-Jan-1984 | 30-Jan-1984 | 3 | ||||||||||||
Mexico |
EYE-FIX | Registered | 342147 | 02-Feb-1984 | 02-Feb-1988 | 3 | ||||||||||||
Nicaragua |
EYE-FIX | Registered | 16.644 C.C. | 16-Aug-1985 | 3 | |||||||||||||
Paraguay |
EYE-FIX | Registered | 407187 | 19-Jun-1984 | 3 | |||||||||||||
Peru |
EYE-FIX | Registered | 52793 | 572429 | 19-Apr-1984 | 3 | ||||||||||||
South Africa |
EYE-FIX | Registered | 840039 | 04-Jan-1984 | 04-Jan-1984 | 3 | ||||||||||||
Sweden |
EYE-FIX | Registered | 194567 | 03-Jan-1984 | 84-0053 | 01-Feb-1985 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Switzerland |
EYE-FIX | Registered | 331851 | 09-Jan-1984 | 3 | |||||||||||||
Taiwan |
EYE-FIX | Registered | 253249 | 16-Aug-1994 | 6 | |||||||||||||
Thailand |
EYE-FIX | Registered | KOR10597 | 09-Mar-1984 | 261290 | 09-Mar-1984 | 3 | |||||||||||
Turkey |
EYE-FIX | Registered | 80019 | 04-Jan-1984 | ||||||||||||||
United States of America |
EYE-FIX | Registered | 1295500 | 20-Sep-1983 | 73/444,618 | 18-Sep-1984 | 3 | |||||||||||
Uruguay |
EYE-FIX | Registered | 460391 | 23-Nov-1984 | 3 | |||||||||||||
China (Peoples Republic) |
FALLING | Registered | 5244552 | 31-Mar-2006 | 5244552 | 14-Jul-2009 | 3 | |||||||||||
Hong Kong |
FANTASY TWIST | Registered | 302220975 | 13-Apr-2012 | 302220975 | 27-Dec-2012 | 3 | |||||||||||
Switzerland |
FANTASY TWIST | Registered | 630162 | 16-Apr-2012 | 545242012 | 04-Jun-2012 | 3 | |||||||||||
Canada |
FIFTH AVENUE | Registered | 336486 | 19-Jun-1985 | 544,152 | 29-Jan-1988 | 3 | |||||||||||
Brazil |
FIFTH AVENUE (WORDS IN PARTICULAR STYLE) | Registered | 811327620 | 22-Aug-1989 | 3.20 | |||||||||||||
Australia |
FIRST DEFENCE | Registered | 918681 | 03-Jul-2002 | 918,681 | 03-Jul-2002 | 3 | |||||||||||
Canada |
FIRST DEFENSE | Registered | 617933 | 02-Jul-2002 | 1,145,629 | 27-Aug-2004 | 3 | |||||||||||
China (Peoples Republic) |
FIRST DEFENSE | Registered | 3252297 | 24-Jul-2002 | 3,252,297 | 07-Apr-2004 | 3 | |||||||||||
European Community |
FIRST DEFENSE | Registered | 2762334 | 02-Jul-2002 | 2762334 | 29-Sep-2003 | 3 | |||||||||||
Japan |
FIRST DEFENSE | Registered | 4681654 | 05-Jul-2002 | 2002-056249 | 13-Jun-2003 | 3 | |||||||||||
Korea, Republic of |
FIRST DEFENSE | Registered | 40580276 | 05-Jul-2002 | 40-2002-30976 | 14-Apr-2004 | 3 | |||||||||||
Mexico |
FIRST DEFENSE | Registered | 887616 | 03-Jul-2002 | 554717 | 23-Jun-2005 | 3 | |||||||||||
Singapore |
FIRST DEFENSE | Registered | T02/09775H | 04-Jul-2002 | T02/09775H | 04-Jul-2002 | 3 | |||||||||||
South Africa |
FIRST DEFENSE | Registered | 2002/09805 | 08-Jul-2002 | 2002/09805 | 03-Oct-2006 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Switzerland |
FIRST DEFENSE | Registered | 503994 | 02-Jul-2002 | 5797/2002 | 02-Jul-2002 | 3 | |||||||||||
Taiwan |
FIRST DEFENSE | Registered | 1055304 | 02-Jul-2002 | 91,028,052 | 01-Sep-2003 | 3 | |||||||||||
Argentina |
FLAWLESS FINISH | Registered | 2267237 | 14-Jan-2008 | 2792543 | 14-Jan-2009 | 3 | |||||||||||
Benelux |
FLAWLESS FINISH | Registered | 0555605 | 07-Oct-1994 | 835,048 | 07-Oct-1994 | 3 | |||||||||||
Brazil |
FLAWLESS FINISH | Registered | 750199130 | 20-Sep-1983 | 3 | |||||||||||||
Canada |
FLAWLESS FINISH | Registered | 404577 | 25-Apr-1991 | 680,296 | 06-Nov-1992 | 3 | |||||||||||
Colombia |
FLAWLESS FINISH | Registered | 90476 | 17-Nov-1982 | 3 | |||||||||||||
Costa Rica |
FLAWLESS FINISH | Registered | 50746 | 21-Mar-1977 | 3 | |||||||||||||
Denmark |
FLAWLESS FINISH | Registered | VR 1994 08602 | 10-Oct-1994 | VA 1994 06997 | 09-Dec-1994 | 3 | |||||||||||
El Salvador |
FLAWLESS FINISH | Registered | |
12 BOOK 21 FOLIOS 25 |
|
17-Dec-1993 | 3 | |||||||||||
Greece |
FLAWLESS FINISH | Registered | 65,309 | 20-Dec-1979 | 65,309 | 18-Oct-1982 | 3 | |||||||||||
Guatemala |
FLAWLESS FINISH | Registered | 32723 | 29-Jul-1977 | 3 | |||||||||||||
Ireland |
FLAWLESS FINISH | Registered | 171006 | 07-Oct-1994 | 94/6123 | 07-Oct-1994 | 3 | |||||||||||
Korea, Republic of |
FLAWLESS FINISH | Registered | 40249091 | 05-Jul-1989 | 89-17027 | 08-Sep-1992 | 12 | |||||||||||
Korea, Republic of |
FLAWLESS FINISH | Registered | 40258250 | 05-Jul-1989 | 1989-17031 | 04-Feb-1993 | 3 | |||||||||||
Nicaragua |
FLAWLESS FINISH | Registered | 6.012 C.C. | 02-Feb-1977 | 3 | |||||||||||||
Norway |
FLAWLESS FINISH | Registered | 173821 | 945,630 | 06-Jun-1996 | 3 | ||||||||||||
Peru |
FLAWLESS FINISH | Registered | 6408 | 24-Nov-1976 | 3 | |||||||||||||
Taiwan |
FLAWLESS FINISH | Registered | 727374 | 84048761 | 16-Sep-1996 | 3 | ||||||||||||
United States of America |
FLAWLESS FINISH | Registered | 1326524 | 26-Mar-1984 | 73/472,179 | 26-Mar-1985 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Canada |
FLAWLESS FUTURE | Instructed | 21-Jan-2014 | 1660396 | 03 Int. | |||||||||||||
European Community |
FLAWLESS FUTURE | Registered | 012343299 | 26-Nov-2013 | 012343299 | 23-Apr-2014 | 03 Int. | |||||||||||
United States of America |
FLAWLESS FUTURE | Registered | 4650169 | 11-Sep-2013 | 86/061550 | 02-Dec-2014 | 03 Int. | |||||||||||
Argentina |
FLAWLESS START | Published | 10-Oct-2014 | 3360057 | 03 Int. | |||||||||||||
Australia |
FLAWLESS START | Registered | 1651568 | 09-Oct-2014 | 1651568 | 02-Sep-2015 | 03 Int. | |||||||||||
Brazil |
FLAWLESS START | Published | 09-Oct-2024 | 908421630 | 03 Int. | |||||||||||||
Chile |
FLAWLESS START | Registered | 1160276 | 10-Oct-2014 | 1126843 | 23-Mar-2015 | 03 Int. | |||||||||||
China (Peoples Republic) |
FLAWLESS START | Published | 06-Nov-2014 | 15658617 | 03 Int. | |||||||||||||
Colombia |
FLAWLESS START | Published | 15-Oct-2014 | 14228443 | 03 Int. | |||||||||||||
Egypt |
FLAWLESS START | Pending | 21-Oct-2014 | 308580 | 03 | |||||||||||||
India |
FLAWLESS START | Pending | 20-Oct-2014 | 2831934 | 03 Int. | |||||||||||||
Indonesia |
FLAWLESS START | Pending | 21-Oct-2014 | D00 2014 048058 | 03 Int. | |||||||||||||
Korea, Republic of |
FLAWLESS START | Registered | 401111000 | 16-Oct-2014 | 40201469534 | 09-Jun-2015 | 03 Int. | |||||||||||
Lebanon |
FLAWLESS START | Registered | 160703 | 10-Oct-2014 | 24636 | 16-Oct-2014 | 03 | |||||||||||
Malaysia |
FLAWLESS START | Pending | 20-Oct-2014 | 2014065768 | 03 Int. | |||||||||||||
Mexico |
FLAWLESS START | Registered | 1511342 | 10-Oct-2014 | 1536440 | 29-Jan-2015 | 03 Int. | |||||||||||
Morocco |
FLAWLESS START | Pending | 27-Oct-2014 | 162933 | 03 Int. | |||||||||||||
New Zealand |
FLAWLESS START | Registered | 1006559 | 07-Oct-2015 | 1006559 | 10-Apr-2015 | 03 Int. | |||||||||||
Norway |
FLAWLESS START | Pending | 14-Oct-2014 | 201411676 | 03 Int. | |||||||||||||
Panama |
FLAWLESS START | Registered | 237068-01 | 10-Dec-2014 | 237068 | 08-Jul-2015 | 03 Int. |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Paraguay |
FLAWLESS START | Pending | 13-Oct-2014 | 45386/2014 | 03 Int. | |||||||||||||
Philippines |
FLAWLESS START | Pending | 14-Oct-2014 | 42014504823 | 03 Int. | |||||||||||||
Russian Federation |
FLAWLESS START | Pending | 09-Oct-2014 | 2014734229 | 03 Int. | |||||||||||||
Singapore |
FLAWLESS START | Registered | T1417261Z | 07-Oct-2014 | T1417261Z | 24-Nov-2015 | 03 Int. | |||||||||||
South Africa |
FLAWLESS START | Pending | 14-Oct-2014 | 201427918 | 03 | |||||||||||||
Switzerland |
FLAWLESS START | Registered | 668371 | 13-Oct-2014 | 620722014 | 14-Jan-2015 | 03 Int. | |||||||||||
Taiwan |
FLAWLESS START | Registered | 1709111 | 13-Oct-2014 | 103058910 | 01-Jun-2015 | 03 Int. | |||||||||||
Turkey |
FLAWLESS START | Registered | 2014 82856 | 14-Oct-2014 | 201482856 | 12-Mar-2015 | 03 | |||||||||||
United Arab Emirates |
FLAWLESS START | Pending | 23-Dec-2014 | 223804 | 03 Int. | |||||||||||||
United States of America |
FLAWLESS START | Published | 07-Oct-2014 | 86416898 | 03 Int. | |||||||||||||
Venezuela |
FLAWLESS START | Pending | 17-Oct-2014 | 2014015825 | 03 Int. | |||||||||||||
Vietnam |
FLAWLESS START | Published | 30-Oct-2014 | 4201426362 | 03 Int. | |||||||||||||
United States of America |
FOUREVER BRONZE | Pending | 17-Jun-2016 | 87075259 | 3 | |||||||||||||
United States of America |
GLOW-COLIC | Published | 20-Mar-2015 | 86/571030 | 03 Int. | |||||||||||||
Aruba |
GOOD MORNING | Registered | 20558 | 02-May-2000 | 02-May-2000 | 3 | ||||||||||||
Australia |
GOOD MORNING | Registered | 834,092 | 05-May-2000 | 834,092 | 05-May-2000 | 3 | |||||||||||
Bahamas |
GOOD MORNING | Registered | 22685 | 08-May-2000 | 22,685 | 08-May-2000 | 48 | |||||||||||
Bahrain |
GOOD MORNING | Registered | 2830 | 10-Sep-2000 | 2092 | 10-Sep-2000 | 3 | |||||||||||
Bermuda |
GOOD MORNING | Registered | 31975 | 19-Jul-2000 | 31,975 | 19-Jul-2000 | 3 | |||||||||||
Bolivia |
GOOD MORNING | Registered | 78537 | 26-Apr-2000 | 17-Oct-2000 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Colombia |
GOOD MORNING | Registered | 236127 | 17-Apr-2000 | 2000033588 | 16-Feb-2001 | 3 | |||||||||||
Costa Rica |
GOOD MORNING | Registered | 125814 | 10-May-2000 | 3639-2000 | 17-May-2001 | 3 | |||||||||||
El Salvador |
GOOD MORNING | Registered | 108/127 | 29-May-2000 | E-3956-00 | 12-Mar-2001 | 3 | |||||||||||
Gaza District |
GOOD MORNING | Registered | 7094 | 13-May-2000 | 7,094 | 29-Dec-2001 | 3 | |||||||||||
Greece |
GOOD MORNING | Registered | 143,874 | 26-Apr-2000 | 143,874 | 18-Sep-2001 | 3 | |||||||||||
Honduras |
GOOD MORNING | Registered | 81781 | 22-May-2000 | 7379/2000 | 01-Jun-2001 | 3 | |||||||||||
Ireland |
GOOD MORNING | Registered | 218311 | 25-Apr-2000 | 218,311 | 25-Apr-2000 | 3 | |||||||||||
Jamaica |
GOOD MORNING | Registered | 37,053 | 16-May-2000 | 3/4099 | 18-May-2001 | 3 | |||||||||||
Malaysia |
GOOD MORNING | Registered | 200005885 | 11-May-2000 | 2000/05885 | 11-May-2000 | 3 | |||||||||||
Malta |
GOOD MORNING | Registered | 31664 | 03-May-2000 | 31,664 | 15-May-2000 | 3 | |||||||||||
New Zealand |
GOOD MORNING | Registered | 613339 | 01-May-2000 | 613339 | 01-May-2000 | 3 | |||||||||||
Nicaragua |
GOOD MORNING | Registered | 48425 C.C | 06-Jun-2000 | 00-02741 | 04-May-2001 | 3 | |||||||||||
Oman |
GOOD MORNING | Registered | 22592 | 22-May-2000 | 22,592 | 13-Jun-2004 | 3 | |||||||||||
Paraguay |
GOOD MORNING | Registered | 235963 | 12-May-2000 | 10,908/2000 | 07-Jun-2001 | 3 | |||||||||||
Peru |
GOOD MORNING | Registered | 64932 | 10-May-2000 | 105850/2000 | 24-Jul-2000 | 3 | |||||||||||
Qatar |
GOOD MORNING | Registered | 22863 | 17-May-2000 | 22,863 | 17-May-2000 | 3 | |||||||||||
Singapore |
GOOD MORNING | Registered | T00/07022D | 27-Apr-2000 | T00/07022D | 27-Apr-2000 | 3 | |||||||||||
South Africa |
GOOD MORNING | Registered | 2000/07959 | 26-Apr-2000 | 2000/07959 | 18-Jun-2004 | 3 | |||||||||||
Thailand |
GOOD MORNING | Registered | KOR136490 | 12-May-2000 | 419317 | 08-Jun-2001 | 3 | |||||||||||
Tunisia |
GOOD MORNING | Registered | EE980535 | 06-Apr-1998 | E980535 | 06-Apr-1998 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Uganda |
GOOD MORNING | Registered | 23319 | 24-May-2000 | 23319 | 24-May-2000 | 3 | |||||||||||
Venezuela |
GOOD MORNING | Registered | 231822 | 07-Jun-2000 | 9736-2000 | 01-Jun-2001 | 3 | |||||||||||
Bahrain |
GOOD NIGHTS SLEEP | Registered | 20655 | 30-Jun-1996 | 1147/96 | 13-Oct-1999 | 3 | |||||||||||
Benelux |
GOOD NIGHTS SLEEP | Registered | 0555949 | 14-Nov-1994 | 837,209 | 14-Nov-1994 | 3 | |||||||||||
Brazil |
GOOD NIGHTS SLEEP | Registered | 818098350 | 16-Jun-1998 | 3 | |||||||||||||
Canada |
GOOD NIGHTS SLEEP | Registered | 536692 | 28-Oct-1994 | 767308 | 06-Nov-2000 | ||||||||||||
Costa Rica |
GOOD NIGHTS SLEEP | Registered | 91695 | 91993 | 13-Jun-1995 | 3 | ||||||||||||
Cyprus, Republic of |
GOOD NIGHTS SLEEP | Registered | 41,427 | 25-Nov-1994 | 25-Nov-1994 | 3 | ||||||||||||
Dominican Republic |
GOOD NIGHTS SLEEP | Registered | 77165 | 2,769 | 15-Apr-1995 | 50 | ||||||||||||
Ecuador |
GOOD NIGHTS SLEEP | Registered | 4973-96 | 30-Nov-1994 | 52372 | 22-Dec-1995 | 3 | |||||||||||
El Salvador |
GOOD NIGHTS SLEEP | Registered | 34/44 | 20-Jan-1995 | 376-95 | 13-Jan-1997 | 3 | |||||||||||
Finland |
GOOD NIGHTS SLEEP | Registered | 139647 | 5864/94 | 21-Aug-1995 | 3 | ||||||||||||
Honduras |
GOOD NIGHTS SLEEP | Registered | 62775 | 9721/94 | 06-Sep-1995 | 3 | ||||||||||||
Hong Kong |
GOOD NIGHTS SLEEP | Registered | 1998B09604 | 24-Nov-1994 | 13971/94 | 24-Nov-1994 | 3 | |||||||||||
Iceland |
GOOD NIGHTS SLEEP | Registered | 667/1995 | 28-Dec-1994 | 1388/1994 | 29-Jun-1995 | 3 | |||||||||||
Ireland |
GOOD NIGHTS SLEEP | Registered | 163740 | 17-Nov-1994 | 947,038 | 17-Nov-1994 | 3 | |||||||||||
Italy |
GOOD NIGHTS SLEEP | Registered | 1408525 | 03-Apr-2000 | 20104539 | 16-Sep-2003 | 3 | |||||||||||
Japan |
GOOD NIGHTS SLEEP | Registered | 3307873 | 22-Nov-1994 | 118558/94 | 16-May-1997 | 3 | |||||||||||
Malaysia |
GOOD NIGHTS SLEEP | Registered | 9500778 | 24-Jan-1995 | 24-Jan-1995 | 3 | ||||||||||||
Malta |
GOOD NIGHTS SLEEP | Registered | 23825 | 06-Dec-1994 | 06-Nov-1994 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Mexico |
GOOD NIGHTS SLEEP | Registered | 494838 | 17-Nov-1994 | 217932 | 17-Nov-2004 | 3 | |||||||||||
New Zealand |
GOOD NIGHTS SLEEP | Registered | 243475 | 25-Nov-1994 | 243475 | 25-Nov-1994 | 3 | |||||||||||
Nicaragua |
GOOD NIGHTS SLEEP | Registered | 28,781C.C. | 9500297 | 19-Jun-1995 | 3 | ||||||||||||
Oman |
GOOD NIGHTS SLEEP | Registered | 10731 | 22-Nov-1994 | 10731 | 24-Jul-2001 | 3 | |||||||||||
Pakistan |
GOOD NIGHTS SLEEP | Registered | 128532 | 25-Jan-1995 | 128532 | 25-Jan-1995 | 3 | |||||||||||
Paraguay |
GOOD NIGHTS SLEEP | Registered | 285500 | 25259 | 21-Nov-1995 | 3 | ||||||||||||
Peru |
GOOD NIGHTS SLEEP | Registered | 14003 | 256,490 | 20-Mar-1995 | 3 | ||||||||||||
Saudi Arabia |
GOOD NIGHTS SLEEP | Registered | 352/51 | 06-Dec-1994 | 27529 | 25-Sep-1995 | 3 | |||||||||||
Singapore |
GOOD NIGHTS SLEEP | Registered | T9410247H | 24-Nov-1994 | 24-Nov-1994 | 3 | ||||||||||||
South Africa |
GOOD NIGHTS SLEEP | Registered | 9412743 | 21-Nov-1994 | 21-Nov-1994 | 3 | ||||||||||||
Sweden |
GOOD NIGHTS SLEEP | Registered | 308645 | 17-Nov-1994 | 94-11800 | 16-Feb-1996 | 3 | |||||||||||
Thailand |
GOOD NIGHTS SLEEP | Registered | KOR33127 | 24-Nov-1994 | 276381 | 29-Nov-1994 | 3 | |||||||||||
Trinidad and Tobago |
GOOD NIGHTS SLEEP | Registered | 23288 | 30-Nov-1994 | 23288 | 30-Nov-1994 | 3 | |||||||||||
Turkey |
GOOD NIGHTS SLEEP | Registered | 164565 | 03-Nov-1995 | 3 | |||||||||||||
Uganda |
GOOD NIGHTS SLEEP | Registered | 19291 | 15-Dec-1994 | 15-Dec-1994 | 3 | ||||||||||||
United Arab Emirates |
GOOD NIGHTS SLEEP | Registered | 7354 | 28-Feb-1995 | 9,423 | 28-Feb-1995 | 3 | |||||||||||
United Kingdom |
GOOD NIGHTS SLEEP | Registered | 2003499 | 28-Nov-1994 | 28-Nov-1994 | 3 | ||||||||||||
United States of America |
GOOD NIGHTS SLEEP | Registered | 2836712 | 12-Jun-1998 | 75/501,219 | 27-Apr-2004 | 3 | |||||||||||
Zimbabwe |
GOOD NIGHTS SLEEP | Registered | 170994 | 25-Nov-1994 | 25-Nov-1994 | 3 | ||||||||||||
Qatar |
GOOD NIGHTS SLEEP (WORDS(LATIN/LOCAL SCRIPT)) | Registered | 12527 | 23-Nov-1994 | 12527 | 17-Feb-2002 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Argentina |
GRAND ENTRANCE | Registered | 2782721 | 06-Apr-2015 | 3398954 | 28-Jan-2016 | 03 Int. | |||||||||||
Australia |
GRAND ENTRANCE | Registered | 1685740 | 07-Apr-2015 | 1685740 | 07-Apr-2015 | 03 Int. | |||||||||||
Brazil |
GRAND ENTRANCE | Published | 09-Apr-2015 | 909226300 | 03 Int. | |||||||||||||
Canada |
GRAND ENTRANCE | Registered | 934134 | 07-Apr-2015 | 1722192 | 07-Apr-2016 | 03 Int. | |||||||||||
Chile |
GRAND ENTRANCE | Registered | 1184846 | 09-Apr-2015 | 1149977 | 06-Nov-2015 | 03 Int. | |||||||||||
China (Peoples Republic) |
GRAND ENTRANCE | Published | 15-May-2015 | 16956114 | 03 Int. | |||||||||||||
Colombia |
GRAND ENTRANCE | Registered | 525567 | 06-Apr-2015 | 15075830 | 30-Sep-2015 | 03 Int. | |||||||||||
Egypt |
GRAND ENTRANCE | Pending | 07-Apr-2015 | 316357 | 03 Int. | |||||||||||||
European Community |
GRAND ENTRANCE | Registered | 13909742 | 02-Apr-2015 | 13909742 | 23-Jul-2015 | 03 Int. | |||||||||||
Hong Kong |
GRAND ENTRANCE | Registered | 303364038 | 08-Apr-2015 | 303364038 | 08-Apr-2015 | 03 Int. | |||||||||||
India |
GRAND ENTRANCE | Pending | 06-Apr-2015 | 2936427 | 03 Int. | |||||||||||||
Indonesia |
GRAND ENTRANCE | Pending | 24-Apr-2015 | D002015017417 | 03 Int. | |||||||||||||
Israel |
GRAND ENTRANCE | Pending | 03-Apr-2015 | 276663 | 03 Int. | |||||||||||||
Japan |
GRAND ENTRANCE | Registered | 5796523 | 03-Apr-2015 | 2015-031330 | 02-Oct-2015 | 03 Int. | |||||||||||
Korea, Republic of |
GRAND ENTRANCE | Registered | 40-1151692 | 03-Apr-2015 | 40201524562 | 31-Dec-2015 | 03 Int. | |||||||||||
Lebanon |
GRAND ENTRANCE | Registered | 165401 | 08-Apr-2015 | 32593 | 17-Apr-2015 | ||||||||||||
Mexico |
GRAND ENTRANCE | Registered | 1553155 | 06-Apr-2015 | 1596093 | 08-Jul-2015 | 03 Int. | |||||||||||
Morocco |
GRAND ENTRANCE | Pending | 08-Apr-2015 | 166552 | 03 Int. | |||||||||||||
New Zealand |
GRAND ENTRANCE | Registered | 1017203 | 07-Apr-2015 | 1017203 | 12-Feb-2015 | 03 Int. | |||||||||||
Norway |
GRAND ENTRANCE | Registered | 282470 | 08-Apr-2015 | 201504370 | 29-Jun-2015 | 03 Int. |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Panama |
GRAND ENTRANCE | Published | 08-Apr-2015 | 239807 | 03 | |||||||||||||
Paraguay |
GRAND ENTRANCE | Pending | 08-Apr-2015 | 151442015 | 03 Int. | |||||||||||||
Philippines |
GRAND ENTRANCE | Pending | 06-Apr-2015 | 42015501840 | 03 Int. | |||||||||||||
Russian Federation |
GRAND ENTRANCE | Pending | 03-Apr-2015 | 2015709687 | 03 Int. | |||||||||||||
Saudi Arabia |
GRAND ENTRANCE | Published | 07-Apr-2015 | 1436013032 | 03 Int. | |||||||||||||
Singapore |
GRAND ENTRANCE | Registered | 40201505784Y | 07-Apr-2015 | 40201505784Y | 07-Apr-2015 | 03 Int. | |||||||||||
South Africa |
GRAND ENTRANCE | Pending | 07-Apr-2015 | 201508918 | 03 Int. | |||||||||||||
Switzerland |
GRAND ENTRANCE | Registered | 672052 | 07-Apr-2015 | 54031/2015 | 16-Apr-2015 | 03 | |||||||||||
Taiwan |
GRAND ENTRANCE | Registered | 1740402 | 07-Apr-2015 | 104018246 | 01-Dec-2015 | 03 Int. | |||||||||||
Thailand |
GRAND ENTRANCE | Published | 27-May-2015 | 987570 | 03 Int. | |||||||||||||
Turkey |
GRAND ENTRANCE | Registered | 201529555 | 07-Apr-2015 | 201529555 | 26-Jan-2016 | 03 Int. | |||||||||||
United Arab Emirates |
GRAND ENTRANCE | Pending | 09-Apr-2015 | 230647 | 03 Int. | |||||||||||||
United States of America |
GRAND ENTRANCE | Registered | 4957064 | 12-Feb-2015 | 86533350 | 10-May-2016 | 03 Int. | |||||||||||
Venezuela |
GRAND ENTRANCE | Pending | 08-Apr-2015 | 2015004686 | 03 Int. | |||||||||||||
Vietnam |
GRAND ENTRANCE | Published | 13-Apr-2015 | 4201508645 | 03 Int. | |||||||||||||
Kazakhstan |
GREEN TEA | Registered | 02-Aug-2012 | 59043 | 23-Oct-2013 | 3 | ||||||||||||
Kazakhstan |
GREEN TEA REVITALIZE | Registered | 44228 | 02-Aug-2012 | 59047 | 17-Apr-2014 | 3 | |||||||||||
Hong Kong |
HORSE HEAD (DEVICE) | Registered | 19903023 | 23-Nov-1988 | 7542/88 | 23-Nov-1988 | 3 | |||||||||||
Argentina |
I HEART EIGHT HOUR (Stylized) [Horizontal Logo] | Published | 25-Aug-2015 | 3435156 | 03 | |||||||||||||
Australia |
I HEART EIGHT HOUR (Stylized) [Horizontal Logo] | Registered | 1716700 | 25-Aug-2015 | 1716700 | 25-Aug-2015 | 03 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Brazil |
I HEART EIGHT HOUR (Stylized) [Horizontal Logo] | Published | 01-Sep-2015 | 909928800 | 03 | |||||||||||||
Canada |
I HEART EIGHT HOUR (Stylized) [Horizontal Logo] | Published | 25-Aug-2015 | 1,743,160 | 03 | |||||||||||||
Chile |
I HEART EIGHT HOUR (Stylized) [Horizontal Logo] | Published | 26-Aug-2015 | 1.167.965 | 03, 03 Int. | |||||||||||||
China (Peoples Republic) |
I HEART EIGHT HOUR (Stylized) [Horizontal Logo] | Pending | 31-Aug-2015 | 17790823 | 03 | |||||||||||||
Colombia |
I HEART EIGHT HOUR (Stylized) [Horizontal Logo] | Registered | 26-Aug-2015 | 15-199657 | 18-Mar-2016 | 03 | ||||||||||||
Egypt |
I HEART EIGHT HOUR (Stylized) [Horizontal Logo] | Pending | 27-Aug-2015 | 322355 | 03 | |||||||||||||
European Community |
I HEART EIGHT HOUR (Stylized) [Horizontal Logo] | Registered | 14509186 | 25-Aug-2015 | 14509186 | 17-Feb-2016 | 03 | |||||||||||
Hong Kong |
I HEART EIGHT HOUR (Stylized) [Horizontal Logo] | Published | 26-Aug-2015 | 303517939 | 03 | |||||||||||||
India |
I HEART EIGHT HOUR (Stylized) [Horizontal Logo] | Pending | 25-Aug-2015 | 3044511 | 03 | |||||||||||||
Indonesia |
I HEART EIGHT HOUR (Stylized) [Horizontal Logo] | Pending | 16-Sep-2015 | D00 2015 040107 | 03 | |||||||||||||
Israel |
I HEART EIGHT HOUR (Stylized) [Horizontal Logo] | Pending | 25-Aug-2015 | 03 | ||||||||||||||
Japan |
I HEART EIGHT HOUR (Stylized) [Horizontal Logo] | Registered | 5823848 | 25-Aug-2015 | 2015-081428 | 05-Feb-2016 | 03 | |||||||||||
Jordan |
I HEART EIGHT HOUR (Stylized) [Horizontal Logo] | Registered | 142261 | 27-Aug-2015 | 142261 | 27-Aug-2015 | 03 | |||||||||||
Korea, Republic of |
I HEART EIGHT HOUR (Stylized) [Horizontal Logo] | Registered | 40-1167986 | 25-Aug-2015 | 40-2015-63137 | 18-Mar-2016 | 03 | |||||||||||
Kuwait |
I HEART EIGHT HOUR (Stylized) [Horizontal Logo] | Pending | 27-Aug-2015 | 171691 | 03 | |||||||||||||
Lebanon |
I HEART EIGHT HOUR (Stylized) [Horizontal Logo] | Pending | 28-Aug-2015 | 03 | ||||||||||||||
Malaysia |
I HEART EIGHT HOUR (Stylized) [Horizontal Logo] | Published | 25-Aug-2016 | 2015064136 | 03 | |||||||||||||
Mexico |
I HEART EIGHT HOUR (Stylized) [Horizontal Logo] | Registered | 1587240 | 25-Aug-2015 | 1649163 | 05-Nov-2015 | 03 | |||||||||||
New Zealand |
I HEART EIGHT HOUR (Stylized) [Horizontal Logo] | Registered | 1026339 | 25-Aug-2015 | 1026339 | 19-Aug-2015 | 03 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
New Zealand |
I HEART EIGHT HOUR (Stylized) [Horizontal Logo] | Pending | 25-Aug-2015 | 1026339 | 03 | |||||||||||||
Norway |
I HEART EIGHT HOUR (Stylized) [Horizontal Logo] | Registered | 284651 | 26-Aug-2015 | 201510621 | 23-Nov-2015 | 03 | |||||||||||
Panama |
I HEART EIGHT HOUR (Stylized) [Horizontal Logo] | Published | 28-Aug-2015 | 243688 | 03 | |||||||||||||
Paraguay |
I HEART EIGHT HOUR (Stylized) [Horizontal Logo] | Pending | 09-Sep-2015 | 41430/2015 | 03 | |||||||||||||
Philippines |
I HEART EIGHT HOUR (Stylized) [Horizontal Logo] | Pending | 26-Aug-2015 | 42015504816 | 03 | |||||||||||||
Russian Federation |
I HEART EIGHT HOUR (Stylized) [Horizontal Logo] | Published | 25-Aug-2015 | 2015726742 | 03 | |||||||||||||
Saudi Arabia |
I HEART EIGHT HOUR (Stylized) [Horizontal Logo] | Published | 27-Aug-2015 | 1436023643 | 03 | |||||||||||||
Singapore |
I HEART EIGHT HOUR (Stylized) [Horizontal Logo] | Registered | 40201514866S | 27-Aug-2015 | 40201514866S | 27-Aug-2015 | 03 | |||||||||||
South Africa |
I HEART EIGHT HOUR (Stylized) [Horizontal Logo] | Pending | 25-Aug-2015 | 2015/23762 | 03 | |||||||||||||
Switzerland |
I HEART EIGHT HOUR (Stylized) [Horizontal Logo] | Registered | 677410 | 26-Aug-2015 | 60213/2015 | 26-Aug-2015 | 03 | |||||||||||
Taiwan |
I HEART EIGHT HOUR (Stylized) [Horizontal Logo] | Pending | 25-Aug-2015 | 104050324 | 03 | |||||||||||||
Thailand |
I HEART EIGHT HOUR (Stylized) [Horizontal Logo] | Pending | 04-Sep-2015 | 1002996 | 03 | |||||||||||||
Turkey |
I HEART EIGHT HOUR (Stylized) [Horizontal Logo] | Published | 17-Sep-2015 | 2015/76293 | 03 | |||||||||||||
United States of America |
I HEART EIGHT HOUR (Stylized) [Horizontal Logo] | Published | 19-Aug-2015 | 86729640 | 03 | |||||||||||||
Venezuela |
I HEART EIGHT HOUR (Stylized) [Horizontal Logo] | Pending | 02-Sep-2015 | 2015 12891 | 03 | |||||||||||||
Vietnam |
I HEART EIGHT HOUR (Stylized) [Horizontal Logo] | Published | 26-Aug-2015 | 4-2015-23240 | 03 | |||||||||||||
Australia |
ILLUSION | Registered | 189183 | 29-Jul-1964 | 29-Jul-1964 | 3 | ||||||||||||
Japan |
ILLUSION | Registered | 3060005 | 05-Mar-1993 | 22016/93 | 31-Jul-1995 | 3 | |||||||||||
New Zealand |
ILLUSION | Registered | 87098 | 28-May-1968 | 87098 | 28-May-1968 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Peru |
ILLUSION | Registered | 49251 | 535452 | 16-Jun-1983 | 3 | ||||||||||||
China (Peoples Republic) |
IMAGE (WORD IN LOCAL SCRIPT) | Registered | 1476316 | 03-Sep-1999 | 9,900,105,023 | 21-Nov-2000 | 3 | |||||||||||
Canada |
IMMUNAGE | Registered | 354422 | 25-Nov-1986 | 573432 | 07-Apr-1989 | ||||||||||||
Lebanon |
IMMUNAGE | Registered | 90760 | 03-Mar-1987 | 03-Mar-1987 | 3 | ||||||||||||
United States of America |
IMMUNAGE | Registered | 1,439,757 | 28-Oct-1986 | 73/627,404 | 19-May-1987 | 3 | |||||||||||
Mexico |
KISS THE NIGHT AWAY | Registered | 603527 | 19-Feb-1999 | 364451 | 19-Feb-1999 | 3 | |||||||||||
Italy |
LA PORTA ROSSA | Registered | 975067 | 26-Feb-1971 | 17401 C/71 | 09-Jun-1994 | 3 | |||||||||||
United States of America |
LASTING IMPRESSION | Published | 11-Apr-2016 | 86971217 | 3 | |||||||||||||
Australia |
LET THERE BE LIGHT | Registered | 856709 | 09-Nov-2000 | 856,709 | 03-Oct-2001 | 3 | |||||||||||
Austria |
LET THERE BE LIGHT | Registered | 193821 | 14-Nov-2000 | AM 8269/2000 | 01-Feb-2001 | 3 | |||||||||||
Canada |
LET THERE BE LIGHT | Registered | 584072 | 31-Oct-2000 | 1,080,959 | 19-Jun-2003 | 3 | |||||||||||
Denmark |
LET THERE BE LIGHT | Registered | VR2001/02424 | 13-Nov-2000 | |
VA 2000 04763 |
|
07-Jun-2001 | 3 | |||||||||
Finland |
LET THERE BE LIGHT | Registered | 221961 | 15-Nov-2000 | T200003827 | 15-Oct-2001 | 3 | |||||||||||
France |
LET THERE BE LIGHT | Registered | 003064131 | 13-Nov-2000 | 3 | |||||||||||||
Germany |
LET THERE BE LIGHT | Registered | 30082900 | 10-Nov-2000 | 30082900.0/03 | 31-Jul-2001 | 3 | |||||||||||
Hong Kong |
LET THERE BE LIGHT | Registered | 2002B02179 | 17-Nov-2000 | 25302/2000 | 25-Feb-2002 | 3 | |||||||||||
Italy |
LET THERE BE LIGHT | Registered | 920746 | 16-Nov-2000 | |
MI2000C 012587 |
|
01-Dec-2003 | 3 | |||||||||
Japan |
LET THERE BE LIGHT | Registered | 4521065 | 15-Nov-2000 | 2000/123610 | 09-Nov-2001 | 3 | |||||||||||
Korea, Republic of |
LET THERE BE LIGHT | Registered | 516447 | 20-Nov-2000 | 2000-53759 | 29-Mar-2002 | 3 | |||||||||||
New Zealand |
LET THERE BE LIGHT | Registered | 627259 | 16-Nov-2000 | 627259 | 16-Nov-2000 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Norway |
LET THERE BE LIGHT | Registered | 209705 | 15-Nov-2000 | 200014017 | 02-Aug-2001 | 3 | |||||||||||
Singapore |
LET THERE BE LIGHT | Registered | T00/20399B | 23-Nov-2000 | T00/20399B | 23-Nov-2000 | 3 | |||||||||||
South Africa |
LET THERE BE LIGHT | Registered | 2000/23282 | 21-Nov-2000 | 2000/23282 | 29-Mar-2006 | 3 | |||||||||||
Spain |
LET THERE BE LIGHT | Registered | 2358267 | 17-Nov-2000 | 2358267 | 22-Oct-2001 | 3 | |||||||||||
Switzerland |
LET THERE BE LIGHT | Registered | 484139 | 09-Nov-2000 | 13364/2000 | 27-Apr-2001 | 3 | |||||||||||
United Kingdom |
LET THERE BE LIGHT | Registered | 2252287 | 10-Nov-2000 | 2252287 | 27-Apr-2001 | 3 | |||||||||||
United States of America |
LET THERE BE LIGHT | Registered | 2,613,354 | 16-Oct-2000 | 76/147,571 | 27-Aug-2002 | 3 | |||||||||||
Japan |
LIP LIP HOORAY | Registered | 4,353,671 | 25-Dec-1998 | 111495/98 | 21-Jan-2000 | 3 | |||||||||||
Cambodia |
LIP SPA | Registered | 1980 | 09-Nov-1992 | 1982 | 04-Dec-1992 | 3 | |||||||||||
Canada |
LIP SPA | Registered | 396735 | 07-Jan-1991 | 673,360 | 03-Apr-1992 | 3 | |||||||||||
Peru |
LIP SPA | Registered | 101149 | 185532 | 28-Dec-1992 | 3 | ||||||||||||
Singapore |
LIP SPA | Registered | 4509/91 | 03-May-1991 | 3 | |||||||||||||
South Africa |
LIP SPA | Registered | 92/9470 | 04-Nov-1992 | 04-Nov-1992 | 3 | ||||||||||||
United Kingdom |
LIP SPA | Registered | 1452601 | 11-Jan-1991 | 11-Jan-1991 | 3 | ||||||||||||
Ireland |
LIPFIX | Registered | 115062 | 28-Jan-1983 | 830258 | 28-Jan-1983 | 3 | |||||||||||
Austria |
LIP-FIX | Registered | 103720 | 26-Jan-1983 | AM 238/83 | 30-Sep-1983 | 3 | |||||||||||
Benelux |
LIP-FIX | Registered | 386736 | 24-Jan-1983 | 48231 | 24-Jan-1983 | 3 | |||||||||||
Brazil |
LIP-FIX | Registered | 811086887 | 11-Sep-1984 | 3 | |||||||||||||
Canada |
LIP-FIX | Registered | 308608 | 07-Feb-1983 | 498437 | 22-Nov-1985 | ||||||||||||
Colombia |
LIP-FIX | Registered | 116,032 | 03-Mar-1986 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Costa Rica |
LIP-FIX | Registered | 63223 | 07-Feb-1984 | 3 | |||||||||||||
Curacao |
LIP-FIX | Registered | 09606 | 07-Feb-2010 | VD300169 | 19-Feb-2003 | 3 | |||||||||||
Curacao |
LIP-FIX | Pending | 08167 | 02-Jul-2013 | svd13090 | |||||||||||||
Denmark |
LIP-FIX | Registered | 232/1984 | 27-Jan-1983 | 464/1983 | 13-Jan-1984 | 3 | |||||||||||
Dominican Republic |
LIP-FIX | Registered | 35463 | 05-Sep-1983 | 09-Jun-1983 | 50 | ||||||||||||
Ecuador |
LIP-FIX | Registered | 1271 | 29-Nov-1983 | 3 | |||||||||||||
Finland |
LIP-FIX | Registered | 90561 | 26-Jan-1983 | 542/83 | 05-Nov-1984 | 3 | |||||||||||
Germany |
LIP-FIX | Registered | 1076134 | 07-Mar-1985 | E 24949/3 WZ | 18-Apr-1985 | 3 | |||||||||||
Guatemala |
LIP-FIX | Registered | 48019 | 17-May-1984 | 3 | |||||||||||||
Honduras |
LIP-FIX | Registered | 44298 | 07-Feb-1985 | 3 | |||||||||||||
Indonesia |
LIP-FIX | Registered | IDM000013213 | 10-Feb-1983 | 10-Feb-1983 | 3 | ||||||||||||
Israel |
LIP-FIX | Registered | 83994 | 05-Jul-1992 | 05-Oct-1995 | 3 | ||||||||||||
Italy |
LIP-FIX | Registered | 0001531510 | 15-Feb-1983 | MI2013C001259 | 27-Oct-1986 | 3 | |||||||||||
Jamaica |
LIP-FIX | Registered | 23441 | 01-Feb-1983 | B 3/1936 | 01-Feb-1983 | 3 | |||||||||||
Kuwait |
LIP-FIX | Registered | 16464 | 31-Jan-1985 | 17,616 | 31-Jan-1985 | 3 | |||||||||||
Lebanon |
LIP-FIX | Registered | 149045 | 19-May-1983 | 19-May-1983 | 3 | ||||||||||||
Malaysia |
LIP-FIX | Registered | MB098826 | 28-Feb-1983 | 3 | |||||||||||||
Mexico |
LIP-FIX | Registered | 292660 | 21-Feb-1983 | 28-Sep-1983 | 3 | ||||||||||||
Netherlands Antilles |
LIP-FIX | Registered | 2693 | 10-Feb-1983 | D-8304 | 31-Dec-2001 | ||||||||||||
Nicaragua |
LIP-FIX | Registered | 16643 C.C. | 16-Aug-1985 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Nicaragua |
LIP-FIX | Registered | 15635CC | 22-Nov-1983 | 5 | |||||||||||||
Panama |
LIP-FIX | Registered | 36546 | 28-Aug-1984 | 36546 | 28-Mar-1985 | 3 | |||||||||||
Paraguay |
LIP-FIX | Registered | 259777 | 1329438 | 12-Jul-1983 | 3 | ||||||||||||
Peru |
LIP-FIX | Registered | 49272 | 535460 | 02-Jun-1983 | 3 | ||||||||||||
Portugal |
LIP-FIX | Registered | 219815 | 22-Dec-1988 | 3 | |||||||||||||
South Africa |
LIP-FIX | Registered | 83/0516 | 26-Jan-1983 | 26-Jan-1983 | 3 | ||||||||||||
Spain |
LIP-FIX | Registered | 1029534 | 18-Feb-1983 | 29-May-1985 | 3 | ||||||||||||
St. Maarten |
LIP-FIX | Registered | 08167 | 07-Feb-2013 | 19-Feb-2003 | 2 | ||||||||||||
Sweden |
LIP-FIX | Registered | 189581 | 27-Jan-1983 | 8300520 | 30-Dec-1983 | 3 | |||||||||||
Switzerland |
LIP-FIX | Registered | 323604 | 27-Jan-1983 | 3 | |||||||||||||
Taiwan |
LIP-FIX | Registered | 217480 | 01-Aug-1983 | 6 | |||||||||||||
Thailand |
LIP-FIX | Registered | KOR2371 | 22-Feb-1983 | 239898 | 22-Feb-1983 | 3 | |||||||||||
Turkey |
LIP-FIX | Registered | 76209 | 31-Jan-1983 | 3 | |||||||||||||
United States of America |
LIP-FIX | Registered | 1287568 | 10-Jan-1983 | 73/408,937 | 31-Jul-1984 | 3 | |||||||||||
Uruguay |
LIP-FIX | Registered | 464.901 | 07-Jun-1985 | 3 | |||||||||||||
Greece |
LIP-FIX CREME | Registered | 78896 | 10-Jan-1985 | 78,896 | 17-May-1990 | 3 | |||||||||||
Zanzibar |
LIPTALKERS | Registered | 27998 | 22-Sep-1998 | 22-Sep-1998 | 3 | ||||||||||||
Argentina |
LUMIFLECT | Registered | 2781167 | 27-Mar-2015 | 3397170 | 14-Jan-2016 | 01 Int. | |||||||||||
Australia |
LUMIFLECT | Registered | 1683739 | 26-Mar-2015 | 1683739 | 02-Oct-2015 | 01 Int., 03 Int. | |||||||||||
Brazil |
LUMIFLECT | Published | 02-Apr-2015 | 909205914 | 01 Int. |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Brazil |
LUMIFLECT | Published | 02-Apr-2015 | 909206007 | 03 Int. | |||||||||||||
Canada |
LUMIFLECT | Registered | 933915 | 26-Mar-2015 | 1721009 | 06-Apr-2016 | 01 Int. | |||||||||||
Chile |
LUMIFLECT | Registered | 1184842 | 27-Mar-2015 | 1148472 | 06-Nov-2015 | 01 Int., 03 Int. | |||||||||||
China (Peoples Republic) |
LUMIFLECT | Published | 08-May-2015 | 16899802 | 01 Int., 03 Int. | |||||||||||||
China (Peoples Republic) |
LUMIFLECT | Published | 08-May-2015 | 16899801 | 03 Int. | |||||||||||||
Colombia |
LUMIFLECT | Registered | 48534 | 26-Mar-2015 | 15069767 | 31-Jul-2015 | 03 Int., 01 Int. | |||||||||||
Colombia |
LUMIFLECT | Registered | 523216 | 26-Mar-2015 | 15069756 | 25-Aug-2015 | 03 Int. | |||||||||||
Egypt |
LUMIFLECT | Pending | 19-Apr-2015 | 316849 | 01 Int. | |||||||||||||
Egypt |
LUMIFLECT | Pending | 19-Apr-2015 | 316850 | 03 Int. | |||||||||||||
European Community |
LUMIFLECT | Registered | 13877584 | 26-Mar-2015 | 13877584 | 13-Aug-2015 | ||||||||||||
Hong Kong |
LUMIFLECT | Registered | 303350790 | 27-Mar-2015 | 303350790 | 23-Sep-2015 | 01 Int., 03 Int. | |||||||||||
India |
LUMIFLECT | Pending | 26-Mar-2015 | 2933692 | 01 Int., 03 Int. | |||||||||||||
Indonesia |
LUMIFLECT | Pending | 13-Apr-2015 | D00 2015 015418 | 01 Int., 03 Int. | |||||||||||||
Israel |
LUMIFLECT | Pending | 26-Mar-2015 | 273454 | 01 Int., 03 Int. | |||||||||||||
Japan |
LUMIFLECT | Registered | 5795241 | 27-Mar-2015 | 2015-028236 | 02-Oct-2015 | ||||||||||||
Korea, Republic of |
LUMIFLECT | Registered | 40-1160778 | 27-Mar-2015 | 40-2015-22720 | 16-Feb-2016 | 01 Int., 03 Int. | |||||||||||
Lebanon |
LUMIFLECT | Registered | 165367 | 31-Mar-2015 | 32318 | 15-Apr-2015 | 01 Int., 03 Int. | |||||||||||
Malaysia |
LUMIFLECT | Registered | 2015055244 | 02-Apr-2015 | 2015055244 | 02-Apr-2015 | 01 | |||||||||||
Malaysia |
LUMIFLECT | Published | 02-Apr-2015 | 2015055246 | 03 | |||||||||||||
Mexico |
LUMIFLECT | Registered | 1554413 | 16-Apr-2015 | 1600213 | 14-Jul-2015 | 01 Int. |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Mexico |
LUMIFLECT | Registered | 1553185 | 21-Apr-2015 | 1601602 | 08-Jul-2015 | 03 Int. | |||||||||||
Morocco |
LUMIFLECT | Pending | 13-Apr-2015 | 166633 | 01 Int., 03 Int. | |||||||||||||
New Zealand |
LUMIFLECT | Registered | 1016515 | 15-Jan-2015 | 1016515 | 29-Sep-2015 | 01 Int., 03 Int. | |||||||||||
Norway |
LUMIFLECT | Registered | 282357 | 27-Mar-2015 | 201503852 | 22-Jun-2015 | 01 Int. | |||||||||||
Panama |
LUMIFLECT | Published | 17-Apr-2015 | 240084 | 01 Int., 03 Int. | |||||||||||||
Paraguay |
LUMIFLECT | Published | 30-Mar-2015 | 142742015 | 03 Int. | |||||||||||||
Paraguay |
LUMIFLECT | Pending | 30-Mar-2015 | 14271/2015 | 01 Int. | |||||||||||||
Philippines |
LUMIFLECT | Pending | 27-Mar-2015 | 42015501706 | 01 Int., 03 Int. | |||||||||||||
Russian Federation |
LUMIFLECT | Pending | 25-Jan-2015 | 2015708440 | 01 Int., 03 Int. | |||||||||||||
Saudi Arabia |
LUMIFLECT | Published | 29-Mar-2015 | 1436012369 | 01 Int. | |||||||||||||
Saudi Arabia |
LUMIFLECT | Published | 29-Mar-2015 | 1436012370 | 03 Int. | |||||||||||||
Singapore |
LUMIFLECT | Registered | 40201506256T | 14-Apr-2015 | 40201506256T | 24-Nov-2014 | 01 Int. | |||||||||||
South Africa |
LUMIFLECT | Pending | 27-Mar-2015 | 2015083923 | 3 | |||||||||||||
South Africa |
LUMIFLECT | Pending | 27-Mar-2015 | 201508392 | 1 | |||||||||||||
Switzerland |
LUMIFLECT | Registered | 678850 | 27-Mar-2015 | 537022015 | 06-Oct-2015 | 01 Int. | |||||||||||
Taiwan |
LUMIFLECT | Registered | 1754158 | 27-Mar-2015 | 104016671 | 01-Feb-2016 | 01 Int., 03 Int. | |||||||||||
Thailand |
LUMIFLECT | Published | 09-Apr-2015 | 981713 | 01 Int. | |||||||||||||
Thailand |
LUMIFLECT | Published | 09-Apr-2015 | 981714 | 3 | |||||||||||||
Turkey |
LUMIFLECT | Published | 03-Apr-2015 | 201528648 | 01 Int., 03 Int. | |||||||||||||
United Arab Emirates |
LUMIFLECT | Published | 31-Mar-2015 | 230103 | 03 Int. |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
United Arab Emirates |
LUMIFLECT | Published | 31-Mar-2015 | 230102 | 01 Int. | |||||||||||||
United States of America |
LUMIFLECT | Published | 15-Jan-2015 | 86/504032 | 03 Int. | |||||||||||||
Venezuela |
LUMIFLECT | Pending | 06-Apr-2015 | 2015004575 | 03 Int. | |||||||||||||
Venezuela |
LUMIFLECT | Pending | 06-Apr-2015 | 2015004576 | 01 Int. | |||||||||||||
Vietnam |
LUMIFLECT | Published | 21-Apr-2015 | 4201509718 | 01 Int., 03 Int. | |||||||||||||
Switzerland |
MAN ON HORSE (DEVICE) | Registered | 286583 | 06-Jan-1977 | 3, 8, 21 | |||||||||||||
Switzerland |
MAN ON HORSE (DEVICE) | Registered | 287984 | 06-Apr-1977 | 3, 5 | |||||||||||||
Azerbaijan |
MEDITERRANEAN | Registered | |
2013 1596 |
|
09-Aug-2012 | 20121181 | 14-Jan-2014 | 3 | |||||||||
Argentina |
MILLENIUM | Registered | 2446397 | 06-Sep-1999 | 2239096 | 16-Dec-1999 | 3 | |||||||||||
Australia |
MILLENIUM | Registered | 333555 | 30-May-1979 | 333555 | 30-May-1979 | 3 | |||||||||||
Benelux |
MILLENIUM | Registered | 358,518 | 30-May-1979 | 42,248 | 30-May-1979 | 3 | |||||||||||
Benelux |
MILLENIUM | Registered | 647188 | 17-Mar-1999 | 934481 | 17-Mar-1999 | 3 | |||||||||||
Bermuda |
MILLENIUM | Published | 21-Sep-1999 | 31,082 | 3 | |||||||||||||
Canada |
MILLENIUM | Registered | 252764 | 29-May-1979 | 440,205 | 14-Nov-1980 | ||||||||||||
China (Peoples Republic) |
MILLENIUM | Registered | 267083 | 30-Oct-1986 | 3 | |||||||||||||
Ecuador |
MILLENIUM | Registered | 4921 | 07-Oct-1981 | ||||||||||||||
El Salvador |
MILLENIUM | Registered | 40/86 | 26-Nov-1980 | 127 | |||||||||||||
Finland |
MILLENIUM | Registered | 79522 | 30-May-1979 | 2827/79 | 20-Nov-1981 | 3 | |||||||||||
Germany |
MILLENIUM | Registered | 1001982 | 29-May-1979 | E 20843/3 WZ | 14-May-1980 | 3 | |||||||||||
Greece |
MILLENIUM | Registered | 100,585 | 06-Sep-1990 | 100,585 | 17-Jan-1994 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Hong Kong |
MILLENIUM | Registered | 19800108 | 27-Jun-1979 | 1354/79 | 27-Jun-1979 | 3 | |||||||||||
India |
MILLENIUM | Registered | 358,050 | 01-Feb-1980 | 01-Feb-1980 | 3 | ||||||||||||
Indonesia |
MILLENIUM | Registered | 484933 | 07-Jun-2000 | D0012099 | 01-Aug-2001 | 3 | |||||||||||
Indonesia |
MILLENIUM | Registered | 265706 | 20-Jul-1979 | 18-Feb-1991 | 3 | ||||||||||||
Ireland |
MILLENIUM | Registered | 97366 | 12-Dec-1979 | NONE | 12-Dec-1979 | 3 | |||||||||||
Israel |
MILLENIUM | Registered | 128605 | 21-Jun-1999 | 06-Apr-2000 | 3 | ||||||||||||
Italy |
MILLENIUM | Registered | 0001252606 | 11-Jun-1979 | MI2009C002746 | 24-Oct-1985 | 3 | |||||||||||
Korea, Republic of |
MILLENIUM | Registered | 69086 | 70-2000-240 | 20-May-1980 | 3 | ||||||||||||
Lebanon |
MILLENIUM | Registered | 157027 | 03-Jul-1999 | 03-Jul-1999 | 3 | ||||||||||||
Mexico |
MILLENIUM | Registered | 228658 | 02-Jul-1979 | 23-Aug-1979 | 3 | ||||||||||||
Morocco |
MILLENIUM | Registered | 70127 | 28-Jun-1999 | 3 | |||||||||||||
New Zealand |
MILLENIUM | Registered | 128235 | 28-May-1979 | 128235 | 28-May-1979 | 3 | |||||||||||
Nicaragua |
MILLENIUM | Registered | 45952 C.C. | 25-Jun-1999 | 99-02164 | 04-Jan-2001 | 3 | |||||||||||
Norway |
MILLENIUM | Registered | 106254 | 791,513 | 09-Oct-1980 | 3 | ||||||||||||
Oman |
MILLENIUM | Registered | 20400 | 20-Jun-1999 | 20,400 | 06-Oct-2003 | 3 | |||||||||||
Panama |
MILLENIUM | Registered | 101767/01 | 22-Jun-1999 | 101767 | 22-Jul-1999 | 3 | |||||||||||
Peru |
MILLENIUM | Registered | 26337 | 256,616 | 18-Dec-1979 | 3 | ||||||||||||
Portugal |
MILLENIUM | Registered | 202876 | 19-Sep-1986 | 3 | |||||||||||||
Singapore |
MILLENIUM | Registered | 81441 | 30-Jul-1979 | 81441 | 30-Jul-1979 | 3 | |||||||||||
Spain |
MILLENIUM | Registered | 912329 | 19-Jun-1979 | 23-Jul-1988 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Sweden |
MILLENIUM | Registered | 170262 | 29-May-1979 | 79-2910 | 07-Dec-1979 | 3 | |||||||||||
Switzerland |
MILLENIUM | Registered | P-301025 | 06-Jun-1979 | 3 | |||||||||||||
Taiwan |
MILLENIUM | Registered | 133651 | 21-Jan-1980 | 069001603 | 01-Jun-1980 | 6 | |||||||||||
Thailand |
MILLENIUM | Registered | KOR97466 | 06-Jun-1979 | 388,107 | 06-Jun-1989 | 3 | |||||||||||
United Arab Emirates |
MILLENIUM | Registered | 27628 | 28-Jul-1999 | 32,373 | 28-Jul-1999 | 3 | |||||||||||
Uruguay |
MILLENIUM | Registered | 402590 | 26-Jul-1989 | 3 | |||||||||||||
Zanzibar |
MILLENIUM | Registered | 38899 | 10-Aug-1999 | 36199 | 10-Aug-1999 | 48 | |||||||||||
Antigua and Barbuda |
MILLENIUM ENERGIST | Registered | 5649 | 24-May-2000 | 19-Sep-2000 | 48 | ||||||||||||
Argentina |
MILLENIUM ENERGIST | Registered | 1816715 | 17-Sep-1999 | 2241554 | 23-Jan-2001 | 3 | |||||||||||
Aruba |
MILLENIUM ENERGIST | Registered | 20571 | 10-May-2000 | IM-00510.15 | 10-May-2000 | 3 | |||||||||||
Australia |
MILLENIUM ENERGIST | Registered | 808375 | 24-Sep-1999 | 808,375 | 24-Sep-1999 | 3 | |||||||||||
Austria |
MILLENIUM ENERGIST | Registered | 184997 | 08-Sep-1999 | AM5717/99 | 29-Oct-1999 | 3 | |||||||||||
Bahamas |
MILLENIUM ENERGIST | Registered | 22707 | 16-May-2000 | 22707 | 16-May-2000 | 3 | |||||||||||
Barbados |
MILLENIUM ENERGIST | Registered | 81/15483 | 05-May-2000 | NONE | 30-May-2001 | 3 | |||||||||||
Benelux |
MILLENIUM ENERGIST | Registered | 0659673 | 08-Sep-1999 | 0945693 | 08-Sep-1999 | 3 | |||||||||||
Bermuda |
MILLENIUM ENERGIST | Registered | 31796 | 17-May-2000 | 31796 | 23-May-2000 | 3 | |||||||||||
Canada |
MILLENIUM ENERGIST | Registered | 567007 | 13-Aug-1999 | 1025699 | 06-Sep-2002 | 3 | |||||||||||
Cayman Islands |
MILLENIUM ENERGIST | Registered | 2207979 | 08-Sep-1999 | 3 | |||||||||||||
China (Peoples Republic) |
MILLENIUM ENERGIST | Registered | 1468445 | 13-Sep-2000 | 9,900,109,139 | 07-Nov-2000 | 3 | |||||||||||
Costa Rica |
MILLENIUM ENERGIST | Registered | 266-7978 | 18-May-2000 | 3921/2000 | 23-Jan-2001 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Cyprus, Republic of |
MILLENIUM ENERGIST | Registered | 56433 | 15-Apr-2000 | 56,433 | 15-Apr-2000 | 3 | |||||||||||
Denmark |
MILLENIUM ENERGIST | Registered | VR 2000 01214 | 07-Sep-1999 | VA 1999 03649 | 07-Mar-2000 | 3 | |||||||||||
Dominican Republic |
MILLENIUM ENERGIST | Registered | 113998 | 15-May-2000 | NONE | 30-Jul-2000 | 3 | |||||||||||
Ecuador |
MILLENIUM ENERGIST | Registered | 2024 | 12-May-2000 | 103,970 | 15-Feb-2001 | 3 | |||||||||||
El Salvador |
MILLENIUM ENERGIST | Registered | 83/131 | 29-May-2000 | E-3957-00 | 31-May-2001 | 3 | |||||||||||
France |
MILLENIUM ENERGIST | Registered | 99811345 | 08-Sep-1999 | 99/811345 | 08-Sep-1999 | 3 | |||||||||||
Germany |
MILLENIUM ENERGIST | Registered | 39954663 | 06-Sep-1999 | 399546634 | 23-Feb-2000 | 3 | |||||||||||
Haiti |
MILLENIUM ENERGIST | Registered | 10/128 | 23-Jan-2001 | 3 | |||||||||||||
Honduras |
MILLENIUM ENERGIST | Registered | 80301 | 19-May-2000 | 7290/2000 | 28-Dec-2000 | 3 | |||||||||||
India |
MILLENIUM ENERGIST | Registered | 925527 | 17-May-2000 | 925,527 | 11-Jan-2005 | 3 | |||||||||||
Indonesia |
MILLENIUM ENERGIST | Registered | 479025 | 12-Jun-2000 | D00 12517 | 07-Jun-2001 | 3 | |||||||||||
Ireland |
MILLENIUM ENERGIST | Registered | 214901 | 06-Sep-1999 | 993,093 | 06-Sep-1999 | 3 | |||||||||||
Israel |
MILLENIUM ENERGIST | Registered | 137538 | 11-May-2000 | NONE | 31-Dec-2000 | 3 | |||||||||||
Italy |
MILLENIUM ENERGIST | Registered | 0001252605 | 14-Sep-1999 | MI2009C002745 | 11-Apr-2003 | 3 | |||||||||||
Japan |
MILLENIUM ENERGIST | Registered | 4,406,400 | 08-Sep-1999 | 81276/99 | 04-Aug-2000 | 3 | |||||||||||
Korea, Republic of |
MILLENIUM ENERGIST | Registered | 484571 | 21-Sep-1999 | 40-1999-35586 | 29-Dec-2000 | 3 | |||||||||||
Malta |
MILLENIUM ENERGIST | Registered | 31663 | 03-May-2000 | 31,663 | 15-May-2000 | 3 | |||||||||||
Nicaragua |
MILLENIUM ENERGIST | Registered | 50647 | 06-Jun-2000 | 2000-02742 | 21-Aug-2001 | 3 | |||||||||||
Oman |
MILLENIUM ENERGIST | Registered | 22591 | 22-May-2000 | 22,591 | 09-Jun-2004 | 3 | |||||||||||
Paraguay |
MILLENIUM ENERGIST | Registered | 234004 | 12-May-2000 | 10,909/2000 | 10-Apr-2001 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Peru |
MILLENIUM ENERGIST | Registered | 65043 | 105,560 | 25-Jul-2000 | 3 | ||||||||||||
Puerto Rico |
MILLENIUM ENERGIST | Registered | 47920 | 13-Jun-2000 | NONE | 30-Jul-2001 | 3 | |||||||||||
Saudi Arabia |
MILLENIUM ENERGIST | Registered | 553/30 | 22-May-2000 | 64590 | 06-Dec-2000 | 3 | |||||||||||
Singapore |
MILLENIUM ENERGIST | Registered | T99/11354J | 09-Oct-1999 | T99/11354J | 09-Oct-1999 | 3 | |||||||||||
South Africa |
MILLENIUM ENERGIST | Registered | 99/16559 | 09-Sep-1999 | 99/16559 | 11-Apr-2003 | 3 | |||||||||||
Spain |
MILLENIUM ENERGIST | Registered | 2262518 | 08-Oct-1999 | 2262518 | 05-Sep-2000 | 3 | |||||||||||
Sweden |
MILLENIUM ENERGIST | Registered | 347012 | 06-Sep-1999 | 99-06232 | 21-Jun-2001 | 3 | |||||||||||
Switzerland |
MILLENIUM ENERGIST | Registered | 470203 | 07-Sep-1999 | 3 | |||||||||||||
Taiwan |
MILLENIUM ENERGIST | Registered | 927127 | 23-Sep-1999 | 88047291 | 01-Nov-2000 | 3 | |||||||||||
Trinidad and Tobago |
MILLENIUM ENERGIST | Registered | 30705 | 10-May-2000 | 30705 | 20-Dec-2000 | 3 | |||||||||||
United Arab Emirates |
MILLENIUM ENERGIST | Registered | 32570 | 18-Jul-2000 | 37,458 | 18-Jul-2000 | 3 | |||||||||||
United Kingdom |
MILLENIUM ENERGIST | Registered | 2,207,979 | 08-Sep-1999 | 08-Sep-1999 | 3 | ||||||||||||
Uruguay |
MILLENIUM ENERGIST | Registered | 322552 | 09-May-2000 | 322552 | 09-Nov-2000 | 3 | |||||||||||
Venezuela |
MILLENIUM ENERGIST | Registered | 231615 | 24-May-2000 | 8675-00 | 06-Jun-2001 | 3 | |||||||||||
Taiwan |
MILLENIUM IN CHINESE CHARACTERS (PRONOUNCED YIN-CHI) | Registered | 940865 | 05-Oct-1999 | 88048884 | 16-May-2001 | 3 | |||||||||||
Canada |
MINERAL SPA | Registered | 223912 | 21-Jul-1976 | 400,446 | 28-Oct-1977 | 3 | |||||||||||
France |
NEW HORSE ARDEN FOR MEN (DEVICE) | Registered | 1476711 | 01-Feb-1978 | 268191 | 01-Feb-1978 | 3 | |||||||||||
Israel |
NEW RED DOOR (DEVICE) | Published | 28-Oct-2011 | 241678 | 03 Int. | |||||||||||||
Qatar |
NEW RED DOOR (DEVICE) | Registered | 71118 | 30-Oct-2011 | 71118 | 07-Jul-2014 | 3 | |||||||||||
Saudi Arabia |
NEW RED DOOR (DEVICE) | Registered | 143212593 | 31-Oct-2011 | 174115 | 23-Aug-2013 | 03 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Trinidad and Tobago |
NEW RED DOOR (DEVICE) | Registered | 44905 | 10-Feb-2012 | 44905 | 20-Mar-2013 | 03 | |||||||||||
Vietnam |
NEW RED DOOR (DEVICE) | Registered | 226899 | 13-Aug-2012 | 4-2012-17788 | 24-Jun-2014 | 3 | |||||||||||
African Intellectual Property Organization (OAPI) |
NEW RED DOOR DEVICE | Registered | 71833 | 13-Dec-2011 | 3201103094 | 30-Nov-2012 | 3 | |||||||||||
Armenia |
NEW RED DOOR DEVICE | Registered | 20241 | 03-Aug-2012 | 20121044 | 02-Aug-2013 | 3 | |||||||||||
Australia |
NEW RED DOOR DEVICE | Registered | 1456385 | 28-Oct-2011 | 1456385 | 28-Nov-2011 | 3 | |||||||||||
Azerbaijan |
NEW RED DOOR DEVICE | Registered | 20140044 | 09-Aug-2012 | 20121176 | 14-Jan-2014 | 3 | |||||||||||
Bangladesh |
NEW RED DOOR DEVICE | Pending | 31-Oct-2011 | 148188 | ||||||||||||||
Botswana |
NEW RED DOOR DEVICE | Registered | BW/M/2011/00854 | 04-Nov-2011 | BWM201100854 | 04-Nov-2011 | 3 | |||||||||||
Brazil |
NEW RED DOOR DEVICE | Registered | 831145145 | 28-Oct-2011 | 831145145 | 16-Dec-2014 | 3 | |||||||||||
Canada |
NEW RED DOOR DEVICE | Registered | TMA869415 | 28-Oct-2011 | 1549859 | 20-Jan-2014 | 3 | |||||||||||
China (Peoples Republic) |
NEW RED DOOR DEVICE | Registered | 10128642 | 31-Oct-2011 | 10128642 | 13-Apr-2013 | 3 | |||||||||||
Colombia |
NEW RED DOOR DEVICE | Registered | 454907 | 28-Oct-2011 | 2011146560 | 17-Aug-2012 | 3 | |||||||||||
Ecuador |
NEW RED DOOR DEVICE | Registered | 602812 | 13-Aug-2011 | 3 | |||||||||||||
Ethiopia |
NEW RED DOOR DEVICE | Registered | FTM/0059/13 | 12-Apr-2012 | FTM0014513 | 12-May-2012 | 3 | |||||||||||
European Community |
NEW RED DOOR DEVICE | Registered | 010815199 | 17-Apr-2012 | 010815199 | 15-Sep-2012 | 3, 35, 44 | |||||||||||
Honduras |
NEW RED DOOR DEVICE | Registered | 121200 | 03-Feb-2012 | 39682012 | 30-Aug-2012 | 3 | |||||||||||
Hong Kong |
NEW RED DOOR DEVICE | Registered | 302081637 | 10-Nov-2011 | 302081637 | 05-Apr-2012 | 3 | |||||||||||
Iceland |
NEW RED DOOR DEVICE | Registered | 242012 | 28-Oct-2011 | 30082011 | 02-Feb-2012 | 3 | |||||||||||
India |
NEW RED DOOR DEVICE | Published | 28-Mar-2012 | 2307178 | 3 | |||||||||||||
Jamaica |
NEW RED DOOR DEVICE | Registered | 59165 | 28-Oct-2011 | 059165 | 28-Oct-2011 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Japan |
NEW RED DOOR DEVICE | Registered | 5515758 | 31-Oct-2011 | 2011078064 | 17-Aug-2012 | 3 | |||||||||||
Jordan |
NEW RED DOOR DEVICE | Registered | 122999 | 06-Mar-2012 | 122999 | 03-Mar-2013 | 3 | |||||||||||
Kazakhstan |
NEW RED DOOR DEVICE | Registered | 44226 | 02-Aug-2012 | 59039 | 17-Apr-2014 | 3 | |||||||||||
Kenya |
NEW RED DOOR DEVICE | Pending | 18-Nov-2011 | 73225 | 3 | |||||||||||||
Korea, Republic of |
NEW RED DOOR DEVICE | Registered | 40953998 | 11-Nov-2011 | 40201163054 | 18-Feb-2013 | 3 | |||||||||||
Kuwait |
NEW RED DOOR DEVICE | Registered | 125031 | 31-Oct-2011 | 125031 | 15-May-2013 | 3 | |||||||||||
Lebanon |
NEW RED DOOR DEVICE | Registered | 141260 | 28-Feb-2012 | 141260 | 28-Feb-2012 | 3 | |||||||||||
Lesotho |
NEW RED DOOR DEVICE | Registered | LSM1100386 | 10-Nov-2011 | LSM1100386 | 15-May-2013 | 3 | |||||||||||
Liberia |
NEW RED DOOR DEVICE | Registered | LRM201200196 | 17-Oct-2012 | LR/M/2012/00196 | 31-Oct-2012 | 3 | |||||||||||
Mexico |
NEW RED DOOR DEVICE | Registered | 1277594 | 31-Oct-2011 | 1223977 | 30-Mar-2012 | 3 | |||||||||||
Morocco |
NEW RED DOOR DEVICE | Published | 29-Dec-2011 | 141930 | 3 | |||||||||||||
Mozambique |
NEW RED DOOR DEVICE | Registered | 20157/2011 | 04-Nov-2011 | 201562011 | 17-Sep-2013 | 3 | |||||||||||
Namibia |
NEW RED DOOR DEVICE | Published | 09-Dec-2011 | 20111618 | 3 | |||||||||||||
Nigeria |
NEW RED DOOR DEVICE | Published | 14-Nov-2011 | F/TM/2011/18473 | 3 | |||||||||||||
Norway |
NEW RED DOOR DEVICE | Registered | 264042 | 28-Oct-2011 | 201112306 | 17-Feb-2012 | 3 | |||||||||||
Oman |
NEW RED DOOR DEVICE | Registered | 73461 | 25-Mar-2012 | 73461 | 05-Mar-2013 | 3 | |||||||||||
Paraguay |
NEW RED DOOR DEVICE | Registered | 369582 | 28-Oct-2011 | 1146491 | 28-Sep-2012 | 3 | |||||||||||
Peru |
NEW RED DOOR DEVICE | Registered | 188634 | 484100 | 11-Jun-2012 | 3 | ||||||||||||
Philippines |
NEW RED DOOR DEVICE | Registered | 42011501639 | 28-Oct-2011 | 42011501639 | 28-Jun-2012 | 3 | |||||||||||
Saudi Arabia |
NEW RED DOOR DEVICE | Published | 31-Oct-2011 | 174115 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Singapore |
NEW RED DOOR DEVICE | Registered | T1116949I | 30-Nov-2011 | T1116949I | 30-Nov-2011 | 3 | |||||||||||
South Africa |
NEW RED DOOR DEVICE | Registered | 201127463 | 25-Oct-2011 | 201127463 | 28-Oct-2013 | 3 | |||||||||||
Swaziland |
NEW RED DOOR DEVICE | Registered | 4922011 | 09-Nov-2011 | 4922011 | 09-Nov-2011 | 3 | |||||||||||
Switzerland |
NEW RED DOOR DEVICE | Registered | 626339 | 28-Oct-2011 | 621082011 | 28-Feb-2012 | 3 | |||||||||||
Taiwan |
NEW RED DOOR DEVICE | Registered | 1526604 | 16-Jul-2012 | 3 | |||||||||||||
Thailand |
NEW RED DOOR DEVICE | Registered | kh3533410 | 24-Aug-2009 | 34642 | 30-Sep-2010 | 3 | |||||||||||
Trinidad and Tobago |
NEW RED DOOR DEVICE | Published | 10-Feb-2012 | 44905 | 3 | |||||||||||||
Turkey |
NEW RED DOOR DEVICE | Registered | 201189845 | 03-Nov-2011 | 05-Feb-2013 | 3 | ||||||||||||
Vietnam |
NEW RED DOOR DEVICE | Registered | 226899 | 13-Aug-2012 | 4201217788 | 24-Jun-2014 | 3 | |||||||||||
Yemen, Republic of |
NEW RED DOOR DEVICE | Registered | 56838 | 30-Oct-2011 | 56838 | 30-Oct-2011 | 3 | |||||||||||
Zambia |
NEW RED DOOR DEVICE | Published | 10932011 | 07-Nov-2011 | 10932011 | 3 | ||||||||||||
Zanzibar |
NEW RED DOOR DEVICE | Pending | 15-Nov-2011 | 5352011 | 3 | |||||||||||||
Zimbabwe |
NEW RED DOOR DEVICE | Published | 09-Nov-2012 | 133511 | 3 | |||||||||||||
Canada |
OPEN FOR BEAUTY | Registered | 618062 | 05-Feb-2002 | 1,130,266 | 30-Aug-2004 | 3 | |||||||||||
China (Peoples Republic) |
OPEN FOR BEAUTY | Registered | 3098373 | 19-Feb-2002 | 3098373 | 28-May-2003 | 3 | |||||||||||
Korea, Republic of |
OPEN FOR BEAUTY | Registered | 40562978 | 09-Feb-2002 | 40-2002-7185 | 17-Oct-2003 | 3 | |||||||||||
United States of America |
OUTSMART THE CITY | Published | 26-Feb-2016 | 86920733 | 3 | |||||||||||||
South Africa |
OVERNIGHT | Registered | B844636 | 23-May-1984 | 23-May-1984 | 3 | ||||||||||||
South Africa |
OVERNIGHT | Registered | B 84/4637 | 23-May-1984 | 23-May-1984 | 5 | ||||||||||||
Italy |
OVERNIGHT SUCCESS | Registered | 697979 | 26-Jul-1984 | 7217 C/94 | 26-Jul-1984 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Trinidad and Tobago |
OVERNIGHT SUCCESS | Registered | 24723 | 03-Nov-1995 | 24723 | 03-Nov-1995 | 3 | |||||||||||
United States of America |
OVERNIGHT SUCCESS | Published | 18-Nov-2015 | 86824747 | 03 | |||||||||||||
Canada |
PARFUM INTERNATIONAL | Registered | 381554 | 15-May-1989 | 631,003 | 15-May-1991 | ||||||||||||
Canada |
PEEL & REVEAL | Registered | 593402 | 24-Nov-2000 | 1,080,958 | 29-Oct-2003 | 3 | |||||||||||
China (Peoples Republic) |
PEEL AND REVEAL | Registered | 1720304 | 21-Dec-2000 | 2000200956 | 28-Feb-2002 | 3 | |||||||||||
France |
PEEL AND REVEAL | Registered | 3061727 | 31-Oct-2000 | 306,172,700 | 31-Oct-2000 | 3 | |||||||||||
Italy |
PEEL AND REVEAL | Registered | 920019 | 06-Nov-2000 | |
MI2000 C012113 |
|
28-Nov-2003 | 3 | |||||||||
Japan |
PEEL AND REVEAL | Registered | 4511884 | 02-Nov-2000 | 119241/2000 | 05-Oct-2001 | 3 | |||||||||||
Korea, Republic of |
PEEL AND REVEAL | Registered | 516457 | 17-Nov-2000 | 2000-53447 | 29-Mar-2002 | 3 | |||||||||||
Singapore |
PEEL AND REVEAL | Registered | T00/19375Z | 02-Nov-2000 | T00/19375Z | 02-Nov-2000 | 3 | |||||||||||
Taiwan |
PEEL AND REVEAL | Registered | 986989 | 08-Nov-2000 | 89,064,867 | 27-Feb-2002 | 3 | |||||||||||
United Kingdom |
PEEL AND REVEAL | Registered | 2252141 | 09-Nov-2000 | 2252141 | 09-Nov-2000 | 3 | |||||||||||
United States of America |
PEEL AND REVEAL | Registered | 2,599,079 | 13-Oct-2000 | 76/147,051 | 23-Jul-2002 | 3 | |||||||||||
Canada |
PERFECTLY SATIN | Published | 17-Mar-2014 | 1668197 | 03 Int. | |||||||||||||
European Community |
PERFECTLY SATIN | Registered | 12697141 | 14-Mar-2014 | 012697141 | 28-Nov-2014 | 03 Int. | |||||||||||
United States of America |
PERFECTLY SATIN | Registered | 4749190 | 14-Mar-2014 | 86/221152 | 02-Jun-2015 | 03 Int. | |||||||||||
Philippines |
PRETTY ELIZABETH ARDEN | Registered | 42012501952 | 27-Jul-2012 | 42012501952 | 13-Dec-2012 | 3 | |||||||||||
Singapore |
PRETTY ELIZABETH ARDEN | Registered | T1002688J | 05-Mar-2010 | 3 | |||||||||||||
United States of America |
PRETTY HOT | Registered | 4221813 | 06-Mar-2012 | 85561151 | 09-Oct-2012 | 3 | |||||||||||
Argentina |
PRETTY HOT ELIZABETH ARDEN | Registered | 2411456 | 05-Mar-2010 | 2983522 | 03-Dec-2010 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Australia |
PRETTY HOT ELIZABETH ARDEN | Registered | 1348783 | 04-Mar-2010 | 1348783 | 07-Sep-2010 | 3 | |||||||||||
Brazil |
PRETTY HOT ELIZABETH ARDEN | Registered | 830661832 | 830661832 | 28-Jan-2014 | |||||||||||||
Canada |
PRETTY HOT ELIZABETH ARDEN | Registered | 845618 | 03-Mar-2010 | 1471715 | 08-Mar-2013 | 3 | |||||||||||
China (Peoples Republic) |
PRETTY HOT ELIZABETH ARDEN | Registered | 1033719 | 10-Mar-2010 | 3 | |||||||||||||
European Community |
PRETTY HOT ELIZABETH ARDEN | Registered | 1033719 | 10-Mar-2010 | 3 | |||||||||||||
Hong Kong |
PRETTY HOT ELIZABETH ARDEN | Registered | 301555542 | 04-Mar-2010 | 301555542 | 02-Jul-2010 | 3 | |||||||||||
India |
PRETTY HOT ELIZABETH ARDEN | Published | 21-Jun-2010 | 1982649 | 3 | |||||||||||||
Japan |
PRETTY HOT ELIZABETH ARDEN | Registered | 1033719 | 10-Mar-2010 | 3 | |||||||||||||
Korea, Republic of |
PRETTY HOT ELIZABETH ARDEN | Registered | 1033719 | 10-Mar-2010 | 3 | |||||||||||||
Mexico |
PRETTY HOT ELIZABETH ARDEN | Registered | 1170338 | 05-Mar-2010 | 1072485 | 27-Jul-2010 | 3 | |||||||||||
New Zealand |
PRETTY HOT ELIZABETH ARDEN | Registered | 820645 | 07-Jan-2010 | 820465 | 07-Jan-2010 | 3 | |||||||||||
Norway |
PRETTY HOT ELIZABETH ARDEN | Registered | 1033719 | 10-Mar-2010 | 3 | |||||||||||||
Panama |
PRETTY HOT ELIZABETH ARDEN | Registered | 191047 | 22-Jun-2010 | 191047 | 22-Jun-2010 | 3 | |||||||||||
Russian Federation |
PRETTY HOT ELIZABETH ARDEN | Registered | 1033719 | 10-Mar-2010 | 3 | |||||||||||||
Serbia |
PRETTY HOT ELIZABETH ARDEN | Registered | 1033719 | 10-Mar-2010 | 3 | |||||||||||||
Taiwan |
PRETTY HOT ELIZABETH ARDEN | Registered | 1431733 | 01-Oct-2010 | 099009954 | 01-Oct-2010 | 3 | |||||||||||
United Arab Emirates |
PRETTY HOT ELIZABETH ARDEN | Registered | 158409 | 14-Mar-2010 | 77/906777 | 27-Oct-2011 | 3 | |||||||||||
Hong Kong |
PREVAGE IN CHINESE CHARACTERS | Registered | 15144 | 20-Jan-2003 | 15144 | 20-Jan-2003 | 5 | |||||||||||
Hong Kong |
PREVAGE IN CHINESE CHARACTERS | Registered | 200207295 | 12-May-2001 | 200207295 | 05-Dec-2001 | 5 | |||||||||||
Chile |
PROVOCATION | Registered | 865653 | 15-Jun-1999 | 451671 | 20-Sep-1999 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Ecuador |
PROVOCATION | Registered | 302690 | 06-Feb-1989 | 14-Jun-1990 | 3 | ||||||||||||
Honduras |
PROVOCATION | Registered | 51366 | 06-Feb-1989 | 12-Sep-1989 | |||||||||||||
Honduras |
PROVOCATIVE | Registered | 111320 | 04-May-2004 | 7953-04 | 21-Jan-2010 | ||||||||||||
Mexico |
PROVOCATIVE | Registered | 810354 | 20-Feb-2003 | 589126 | 17-Oct-2003 | 3 | |||||||||||
Nicaragua |
PROVOCATIVE | Registered | 38248 C.C. | 07-Aug-1998 | ||||||||||||||
Philippines |
PROVOCATIVE | Registered | 42012501953 | 27-Jul-2012 | 42012501953 | 13-Dec-2012 | 3 | |||||||||||
United States of America |
PROVOCATIVE | Registered | 3046813 | 19-Sep-2003 | 78/302723 | 17-Jan-2006 | 3 | |||||||||||
United States of America |
PROVOCATIVE INTERLUDE | Registered | 3101793 | 02-Jun-2004 | 78/428536 | 06-Jun-2006 | 3 | |||||||||||
China (Peoples Republic) |
REALIZE | Registered | 5244553 | 27-Mar-2006 | 5244553 | 28-Sep-2009 | 3 | |||||||||||
Hong Kong |
REALIZE | Registered | 200207679 | 17-Dec-2001 | 2001/20300 | 19-Jun-2002 | 3 | |||||||||||
Albania |
RED DOOR | Registered | 574131 | 23-Jul-1991 | 3 | |||||||||||||
Andorra |
RED DOOR | Registered | 27046 | 13-Feb-2009 | 3 | |||||||||||||
Antigua and Barbuda |
RED DOOR | Registered | 5965 | 07-May-1993 | 11-Oct-1993 | 48 | ||||||||||||
Armenia |
RED DOOR | Registered | 20963 | 17-Aug-2012 | 20121117 | 03-Feb-2014 | 3 | |||||||||||
Australia |
RED DOOR | Registered | 505551 | 27-Feb-1989 | 505551 | 27-Feb-1989 | 3 | |||||||||||
Austria |
RED DOOR | Registered | 134528 | 08-Feb-1989 | AM 513/89 | 04-Feb-1991 | 3 | |||||||||||
Azerbaijan |
RED DOOR | Registered | 971712 | 3,319 | 28-Oct-1997 | 3 | ||||||||||||
Azerbaijan |
RED DOOR | Registered | 2014 0047 | 09-Aug-2012 | 20121178 | 14-Jan-2014 | 3 | |||||||||||
Bahamas |
RED DOOR | Registered | 15866 | 30-Jun-1993 | 30-Jun-1993 | 48 | ||||||||||||
Bahrain |
RED DOOR | Registered | 13514 | 12-Aug-1990 | 519/90 | 12-Aug-1990 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Barbados |
RED DOOR | Registered | 81/6863 | 09-Jun-1998 | 3 | |||||||||||||
Belize |
RED DOOR | Registered | 454007 | 03-Apr-2007 | 07004540 | 11-Sep-2007 | 3, 44 | |||||||||||
Benelux |
RED DOOR | Registered | 461779 | 11-Apr-1989 | 66882 | 11-Apr-1989 | 3 | |||||||||||
Bermuda |
RED DOOR | Registered | 21124 | 05-Nov-1990 | 05-Nov-1990 | 3 | ||||||||||||
Bolivia |
RED DOOR | Registered | 78416 | 02-Oct-1990 | 3 | |||||||||||||
Brazil |
RED DOOR | Registered | 816683689 | 11-Jan-1994 | 3 | |||||||||||||
Brunei Darussalam |
RED DOOR | Registered | 16570 | 23-Sep-1989 | 19243 | 23-Sep-1989 | 3 | |||||||||||
Cambodia |
RED DOOR | Registered | KH1982 | 09-Nov-1992 | 1984 | 04-Dec-1992 | 3 | |||||||||||
Canada |
RED DOOR | Registered | 399499 | 07-Apr-1989 | 629,641 | 26-Jun-1992 | 3 | |||||||||||
Canada |
RED DOOR | Published | 24-May-2012 | 1579072 | ||||||||||||||
Cayman Islands |
RED DOOR | Registered | 1377183 | 17-Mar-1989 | NONE | 17-Mar-1989 | 3 | |||||||||||
Chile |
RED DOOR | Registered | 934324 | 176420 | 06-Sep-1991 | 3 | ||||||||||||
China (Peoples Republic) |
RED DOOR | Registered | 514687 | 8,913,388 | 20-Mar-1990 | 3 | ||||||||||||
China (Peoples Republic) |
RED DOOR | Registered | 1467569 | 25-Aug-1999 | 9,900,100,765 | 28-Oct-2000 | 42 | |||||||||||
Colombia |
RED DOOR | Registered | 230440 | 28-Aug-1990 | 92.327.883 | 01-Nov-2000 | 3 | |||||||||||
Costa Rica |
RED DOOR | Registered | 79850 | 73,969 | 03-Jul-1992 | 3 | ||||||||||||
Curacao |
RED DOOR | Pending | 09609 | 31-Dec-2001 | D-8307 | |||||||||||||
Cyprus, Republic of |
RED DOOR | Registered | 33951 | 20-Feb-1991 | 20-Feb-1991 | 3 | ||||||||||||
Denmark |
RED DOOR | Registered | 2417/91 | 05-Oct-1989 | 7395/89 | 26-Apr-1991 | 3 | |||||||||||
Dominican Republic |
RED DOOR | Registered | 51850 | 15-Nov-1991 | 50 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Ecuador |
RED DOOR | Registered | 3131 | 20-May-1993 | 39176 | 01-Aug-1994 | 3 | |||||||||||
Egypt |
RED DOOR | Registered | 75268 | 20-Sep-1989 | 31-Dec-1991 | 3 | ||||||||||||
El Salvador |
RED DOOR | Registered | 51 book 10 | 13-Feb-1991 | 14-May-1992 | 3 | ||||||||||||
European Community |
RED DOOR | Registered | 9195124 | 22-Jun-2010 | 9195124 | 19-May-2011 | 3, 35, 42, 44 | |||||||||||
Finland |
RED DOOR | Registered | 112702 | 01-Sep-1989 | 4421/89 | 22-Jul-1991 | 3 | |||||||||||
Georgia |
RED DOOR | Registered | 2272 | 11-Apr-1989 | 4324/03-93 | 07-Jun-1996 | 3 | |||||||||||
Germany |
RED DOOR | Registered | 1146831 | 30-Jan-1989 | A 45801/3 WZ | 27-Sep-1989 | 3 | |||||||||||
Ghana |
RED DOOR | Pending | 15-Jul-2009 | 3 | ||||||||||||||
Greece |
RED DOOR | Registered | 105439 | 08-Aug-1991 | 105,439 | 17-Jul-1994 | 3 | |||||||||||
Grenada |
RED DOOR | Registered | 48/1993 | 23-Jul-1993 | 3 | |||||||||||||
Guatemala |
RED DOOR | Registered | 66408 | 07-Feb-1992 | 3 | |||||||||||||
Haiti |
RED DOOR | Registered | 24/133 | 03-Feb-1992 | 3 | |||||||||||||
Honduras |
RED DOOR | Registered | 54155 | 19-Jul-1991 | 3 | |||||||||||||
Hong Kong |
RED DOOR | Registered | 7383/1994 | 01-Feb-1989 | 763/89 | 01-Feb-1989 | 3 | |||||||||||
Hong Kong |
RED DOOR | Registered | 200013352 | 30-Aug-1999 | 11795/99 | 30-Aug-1999 | 44 | |||||||||||
Iceland |
RED DOOR | Registered | 558/1990 | 31-Aug-1989 | 704/1989 | 11-Jul-1990 | 3 | |||||||||||
India |
RED DOOR | Registered | 516425 | 08-Sep-1989 | 516425 | 08-Sep-1989 | 3 | |||||||||||
India |
RED DOOR | Registered | 2031891 | 01-Oct-2010 | 2031891 | 01-Oct-2010 | 35, 44 | |||||||||||
Indonesia |
RED DOOR | Registered | 515834 | See Remarks | 08-Aug-1992 | 3, 16 and 20 | ||||||||||||
Indonesia |
RED DOOR | Registered | 515835 | SEE REMARKS | 08-Aug-1992 | 20 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Indonesia |
RED DOOR | Pending | 01-Dec-2015 | D00 2015 055155 | 3 | |||||||||||||
Intl RegistrationMadrid Agreement / Protocol |
RED DOOR | Registered | 574131 | 23-Jul-1991 | 3 | |||||||||||||
Iran (Islamic Republic of) |
RED DOOR | Registered | 83287 | 7604560 | 16-Jul-1997 | 3 | ||||||||||||
Ireland |
RED DOOR | Registered | 144896 | 03-Sep-1991 | 91/4506 | 03-Sep-1991 | 3 | |||||||||||
Israel |
RED DOOR | Registered | 201195 | 14-Jun-2007 | 201195 | 14-Jun-2007 | 3 | |||||||||||
Italy |
RED DOOR | Registered | 0001252604 | 10-Apr-1989 | MI2009C002743 | 29-Nov-1991 | 3 | |||||||||||
Japan |
RED DOOR | Registered | 3300426 | 24-Sep-1993 | 97421/93 | 02-May-1997 | 35 | |||||||||||
Japan |
RED DOOR | Registered | 3340259 | 24-Sep-1993 | 97422/93 | 15-Aug-1997 | 41 | |||||||||||
Japan |
RED DOOR | Registered | 3340260 | 24-Sep-1993 | 97423/93 | 15-Aug-1997 | 42 | |||||||||||
Jordan |
RED DOOR | Registered | 31964 | 27-Apr-1993 | 27-Apr-1993 | 3 | ||||||||||||
Kazakhstan |
RED DOOR | Registered | 44227 | 02-Aug-2012 | 59041 | 17-Apr-2014 | 3 | |||||||||||
Kenya |
RED DOOR | Registered | 37486 | 20-Sep-1989 | 20-Sep-1989 | 3 | ||||||||||||
Korea, Republic of |
RED DOOR | Registered | 197457 | 89/3111 | 30-Jul-1990 | 12 | ||||||||||||
Korea, Republic of |
RED DOOR | Registered | 40-192333 | 89/3112 | 24-May-1990 | 13 | ||||||||||||
Kuwait |
RED DOOR | Registered | 24963 | 24-May-1993 | 27046 | 24-May-1993 | 3 | |||||||||||
Kyrgyz Republic |
RED DOOR | Registered | 2,469 | 116,866 | 28-Mar-1995 | 3 | ||||||||||||
Latvia |
RED DOOR | Registered | M16944 | 16-Jun-1993 | M-93-5699 | 16-Jun-1993 | 3 | |||||||||||
Latvia |
RED DOOR | Registered | M16943 | 16-Jun-1993 | M-93-5698 | 16-Jun-1993 | 3 | |||||||||||
Lebanon |
RED DOOR | Registered | 104135 | 23-Jan-1991 | 3 | |||||||||||||
Libya |
RED DOOR | Pending | 18-Jan-2009 | 16897 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Malaysia |
RED DOOR | Registered | 89005768 | 22-Sep-1989 | 22-Sep-1989 | 3 | ||||||||||||
Malta |
RED DOOR | Registered | 19599 | 26-Mar-1990 | 26-Mar-1990 | |||||||||||||
Mexico |
RED DOOR | Registered | 388738 | 06-Nov-1989 | 75081 | 27-Dec-1990 | 3 | |||||||||||
Mexico |
RED DOOR | Registered | 429031 | 06-Nov-1989 | 75080 | 06-Nov-1989 | 50 | |||||||||||
Morocco |
RED DOOR | Registered | 59452 | PV 134 | 19-Apr-1996 | 3 | ||||||||||||
Namibia |
RED DOOR | Registered | 96/0044 | 11-Jan-1996 | 96/0044 | 08-Feb-2000 | 5 | |||||||||||
Netherlands Antilles |
RED DOOR | Registered | 08170 | 14-May-1998 | 15-May-2008 | |||||||||||||
New Zealand |
RED DOOR | Registered | 190598 | 30-Jan-1989 | 190598 | 30-Jan-1989 | 3 | |||||||||||
Nicaragua |
RED DOOR | Registered | 37.221 C.C. | 97-01814 | 06-May-1998 | 3 | ||||||||||||
Norway |
RED DOOR | Registered | 148300 | 26-Sep-1989 | 894,695 | 02-Jan-1992 | 3 | |||||||||||
Oman |
RED DOOR | Registered | 5238 | 02-Mar-1991 | 01-May-1999 | 3 | ||||||||||||
Pakistan |
RED DOOR | Registered | 108568 | 06-Nov-1990 | 06-Nov-1990 | 3 | ||||||||||||
Panama |
RED DOOR | Registered | 22406001 | 26-Jun-2013 | 22406001 | 26-Jun-2013 | ||||||||||||
Paraguay |
RED DOOR | Registered | 407189 | 7112 | 26-Jul-1994 | 3 | ||||||||||||
Peru |
RED DOOR | Registered | 94471 | 20,672 | 03-Dec-1991 | 3 | ||||||||||||
Philippines |
RED DOOR | Registered | 42009500211 | 20-Apr-2009 | 4-2009-500211 | 18-Feb-2010 | 3 | |||||||||||
Portugal |
RED DOOR | Registered | 258392 | 11-Sep-1989 | 25-Aug-1993 | 3 | ||||||||||||
Russian Federation |
RED DOOR | Registered | 90001 | 22-Nov-1989 | 116866 | 23-Jul-1990 | 3 | |||||||||||
Saudi Arabia |
RED DOOR | Registered | 215/6 | 23-Sep-1989 | 9943 | 03-Mar-1990 | 3 | |||||||||||
Saudi Arabia |
RED DOOR | Registered | 243/24 | 27-Mar-1991 | 13297 | 19-Nov-1991 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Singapore |
RED DOOR | Registered | 1615/89 | 18-Mar-1989 | 18-Mar-1989 | 3 | ||||||||||||
South Africa |
RED DOOR | Registered | 89/8065 | 31-Aug-1989 | 31-Aug-1989 | 3 | ||||||||||||
St. Kitts and Nevis |
RED DOOR | Registered | 2007/0196 | 04-Nov-1993 | 67 | 04-Nov-1993 | 48 | |||||||||||
St. Lucia |
RED DOOR | Registered | 114/1993 | 18-May-1993 | 18-May-1993 | 3 | ||||||||||||
Sweden |
RED DOOR | Registered | 226159 | 01-Sep-1989 | 89-08265 | 30-Aug-1991 | 3 | |||||||||||
Taiwan |
RED DOOR | Registered | 455065 | 78-07040 | 01-Oct-1989 | 6 | ||||||||||||
Taiwan |
RED DOOR | Registered | 41841 | 78-23274 | 16-Nov-1999 | 10 | ||||||||||||
Tajikistan |
RED DOOR | Registered | 2,074 | 15-May-1995 | 95,003,059 | 15-May-1995 | 3 | |||||||||||
Tanganyika |
RED DOOR | Registered | 25121 | 27-May-1997 | 27-May-1997 | 3 | ||||||||||||
Thailand |
RED DOOR | Registered | KOR105424 | 26-Apr-1989 | 385,582 | 26-Apr-1989 | 3 | |||||||||||
Thailand |
RED DOOR | Registered | KOR321292 | 10-Mar-2009 | 724097 | 30-Aug-2010 | 3 | |||||||||||
Trinidad and Tobago |
RED DOOR | Registered | 21608 | 12-May-1993 | 12-May-1993 | 48 | ||||||||||||
Tunisia |
RED DOOR | Pending | 21-Sep-2007 | EE072367 | 3, 44 | |||||||||||||
Turkey |
RED DOOR | Registered | 142924 | 20-May-1993 | 3, 5, 21 | |||||||||||||
Turkmenistan |
RED DOOR | Registered | 2546 | 22-Nov-1989 | 1(1098 | ) | 31-Aug-1998 | 3 | ||||||||||
Turks and Caicos Islands |
RED DOOR | Registered | 13384 | 06-Nov-2003 | 13384 | 06-Nov-2003 | ||||||||||||
Uganda |
RED DOOR | Registered | 20,747 | 21-May-1997 | 21-May-1997 | 3 | ||||||||||||
Ukraine |
RED DOOR | Registered | 3905 | 15-Mar-1994 | 3 | |||||||||||||
United Arab Emirates |
RED DOOR | Registered | 13129 | 29-Jun-1997 | 22390 | 29-Jun-1997 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
United Kingdom |
RED DOOR | Registered | 1,377,183 | 17-Mar-1989 | 17-Mar-1989 | 3 | ||||||||||||
United Kingdom |
RED DOOR | Registered | 2,196,697 | 08-May-1999 | 08-May-1999 | 42 | ||||||||||||
United States of America |
RED DOOR | Registered | 893456 | 08-Aug-1969 | 72334823 | 23-Jun-1970 | 42 | |||||||||||
United States of America |
RED DOOR | Registered | 1569090 | 27-Dec-1988 | 73/771,930 | 05-Dec-1989 | 3 | |||||||||||
United States of America |
RED DOOR | Registered | 1648624 | 23-Apr-1990 | 74/052,231 | 25-Jun-1991 | 3 | |||||||||||
United States of America |
RED DOOR | Registered | 1,714,578 | 23-Apr-1990 | 74/052,174 | 08-Sep-1992 | 3 | |||||||||||
United States of America |
RED DOOR | Registered | 3746640 | 02-Jul-2009 | 77773670 | 09-Feb-2010 | 35 | |||||||||||
Uruguay |
RED DOOR | Registered | 326101 | 17-Oct-1990 | 3 | |||||||||||||
Vietnam |
RED DOOR | Registered | 219063 | 13-Aug-2012 | 4201217790 | 23-Jan-2014 | 3 | |||||||||||
Yemen, Republic of |
RED DOOR | Registered | 8958 | 15-May-1997 | 11-Jun-1998 | 3 | ||||||||||||
Zimbabwe |
RED DOOR | Registered | 49862 | 13-May-1997 | 13-May-1997 | 3 | ||||||||||||
Andorra |
RED DOOR (DEVICE) | Registered | 27047 | 13-Feb-2009 | 3 | |||||||||||||
Antigua and Barbuda |
RED DOOR (DEVICE) | Registered | 6345 | 23-Jan-2004 | 23-Jan-2004 | 3 | ||||||||||||
Argentina |
RED DOOR (DEVICE) | Registered | 2364416 | 2128480 | 27-Apr-2010 | 3 | ||||||||||||
Aruba |
RED DOOR (DEVICE) | Registered | 18993 | 13-Feb-1998 | IM-980213.17 | 16-Apr-1998 | 3 | |||||||||||
Bahamas |
RED DOOR (DEVICE) | Registered | 28191 | 20-Oct-2005 | 28191 | 07-Apr-2010 | 3 | |||||||||||
Bahrain |
RED DOOR (DEVICE) | Registered | 28321 | 10-Sep-2000 | 2093 | 10-Sep-2000 | 3 | |||||||||||
Barbados |
RED DOOR (DEVICE) | Registered | 81/13067 | 17-Apr-1998 | 02-May-2000 | 3 | ||||||||||||
Benelux |
RED DOOR (DEVICE) | Registered | 618655 | 07-Nov-1997 | 904421 | 07-Nov-1997 | 3 | |||||||||||
Bermuda |
RED DOOR (DEVICE) | Registered | 29773 | 29,773 | 03-Jun-1998 | 3 | ||||||||||||
Bolivia |
RED DOOR (DEVICE) | Registered | 78225 | 18-Jun-1999 | 007753-C | 03-Aug-2000 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Brazil |
RED DOOR (DEVICE) | Registered | 820610240 | 16-Apr-1998 | 820610240 | 31-Oct-2000 | 3 | |||||||||||
Cambodia |
RED DOOR (DEVICE) | Registered | KH3533410 | 24-Aug-2009 | 34642 | 30-Sep-2010 | 3 | |||||||||||
Chile |
RED DOOR (DEVICE) | Registered | 839535 | 405890 | 20-Aug-1998 | 3 | ||||||||||||
Colombia |
RED DOOR (DEVICE) | Registered | 215419 | 13-Jan-1994 | 98/039,607 | 13-Jan-1999 | 3 | |||||||||||
Costa Rica |
RED DOOR (DEVICE) | Registered | 109347 | 114264 | 26-Oct-1998 | 3 | ||||||||||||
Cyprus, Republic of |
RED DOOR (DEVICE) | Registered | 50654 | 22-Jun-1998 | 50,654 | 22-Jun-1998 | 3 | |||||||||||
Denmark |
RED DOOR (DEVICE) | Registered | VR1998 02437 | VA 01663 1998 | 30-Jun-1998 | 3 | ||||||||||||
Dominican Republic |
RED DOOR (DEVICE) | Registered | 97963 | 15-Jul-1998 | 50 | |||||||||||||
Ecuador |
RED DOOR (DEVICE) | Registered | 1246 | 21-Jan-1998 | 84648 | 12-Oct-1999 | 3 | |||||||||||
El Salvador |
RED DOOR (DEVICE) | Registered | 219/104 | 27-Jan-1998 | 22-May-2000 | 3 | ||||||||||||
European Community |
RED DOOR (DEVICE) | Published | 21-Mar-2016 | 15249493 | 3, 35, 44 | |||||||||||||
Gaza District |
RED DOOR (DEVICE) | Registered | 5209 | 21-Jan-1998 | 01-Feb-1999 | 3 | ||||||||||||
Greece |
RED DOOR (DEVICE) | Registered | 136,641 | 22-Apr-1998 | 136,641 | 17-Nov-1999 | 3 | |||||||||||
Grenada |
RED DOOR (DEVICE) | Registered | 74/2006 | 20-Nov-1999 | 3 | |||||||||||||
Guatemala |
RED DOOR (DEVICE) | Registered | 94263 | 98-01104 | 01-Feb-1999 | 3 | ||||||||||||
Honduras |
RED DOOR (DEVICE) | Registered | 74876 | 1491-98 | 28-Jul-1999 | 3 | ||||||||||||
India |
RED DOOR (DEVICE) | Registered | 787829 | 16-Jan-1998 | 787,829 | 16-Jan-1998 | 3 | |||||||||||
Indonesia |
RED DOOR (DEVICE) | Registered | 000137332 | 29-May-1998 | D98-09333 | 14-Feb-2000 | 3 | |||||||||||
Iran (Islamic Republic of) |
RED DOOR (DEVICE) | Registered | 87836 | 12-Aug-1998 | 7705572 | 26-Oct-1999 | 3 | |||||||||||
Ireland |
RED DOOR (DEVICE) | Registered | 210547 | 03-Apr-1998 | 981,260 | 11-Aug-2000 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Israel |
RED DOOR (DEVICE) | Registered | 117197 | 16-Jan-1998 | 07-Jan-1999 | 3 | ||||||||||||
Italy |
RED DOOR (DEVICE) | Registered | 975065 | 26-Feb-1971 | 17403 C/71 | 09-Jun-1994 | 1 | |||||||||||
Japan |
RED DOOR (DEVICE) | Registered | 4314459 | 19-Jan-1998 | 3436/98 | 10-Sep-1999 | 3 | |||||||||||
Jordan |
RED DOOR (DEVICE) | Registered | 48947 | 21-Mar-1998 | 21-Mar-1998 | 3 | ||||||||||||
Korea, Republic of |
RED DOOR (DEVICE) | Registered | 442590 | 98-1572 | 24-Feb-1999 | 3 | ||||||||||||
Korea, Republic of |
RED DOOR (DEVICE) | Registered | 435155 | 98-2467 | 23-Dec-1998 | 3 | ||||||||||||
Lebanon |
RED DOOR (DEVICE) | Registered | 149368 | 22-Aug-1998 | 22-Aug-1998 | 3 | ||||||||||||
Malaysia |
RED DOOR (DEVICE) | Registered | 9801115 | 27-Jan-1998 | 98/01115 | 27-Jan-1998 | 3 | |||||||||||
Malaysia |
RED DOOR (DEVICE) | Registered | 2011019670 | 08-Nov-2011 | 2011019670 | 11-Dec-2013 | 03 Int. | |||||||||||
Malta |
RED DOOR (DEVICE) | Registered | 28093 | 26-Jan-1998 | 26-Jan-1998 | 3 | ||||||||||||
Namibia |
RED DOOR (DEVICE) | Registered | 96/0045 | 11-Jan-1996 | 96/0045 | 18-Feb-2000 | 3 | |||||||||||
New Zealand |
RED DOOR (DEVICE) | Registered | 287548 | 22-Jan-1998 | 287548 | 22-Jan-1998 | 3 | |||||||||||
New Zealand |
RED DOOR (DEVICE) | Registered | 192428 | 17-Apr-1989 | 192428 | 17-Apr-1989 | 3 | |||||||||||
Nicaragua |
RED DOOR (DEVICE) | Registered | 2014101001LM | 28-Oct-2011 | 2011003897 | 22-Jan-2014 | ||||||||||||
Oman |
RED DOOR (DEVICE) | Registered | 17163 | 21-Jan-1998 | 17,163 | 09-Feb-2003 | 3 | |||||||||||
Pakistan |
RED DOOR (DEVICE) | Registered | 146012 | 16-Jan-1998 | 146012 | 16-Jan-1998 | 3 | |||||||||||
Panama |
RED DOOR (DEVICE) | Registered | 99797 | 05-Apr-1999 | 099797 | 05-Apr-1999 | 3 | |||||||||||
Papua New Guinea |
RED DOOR (DEVICE) | Registered | 61,070 | 08-May-1998 | 08-May-1998 | 3 | ||||||||||||
Paraguay |
RED DOOR (DEVICE) | Registered | 322699 | 2943 | 26-Jan-1999 | 3 | ||||||||||||
Peru |
RED DOOR (DEVICE) | Registered | 45795 | 057,050 | 13-May-1998 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Philippines |
RED DOOR (DEVICE) | Registered | 42009500290 | 21-May-2009 | 42009500290 | 18-Feb-2010 | 3 | |||||||||||
Qatar |
RED DOOR (DEVICE) | Registered | 18104 | 03-Feb-1998 | 18104 | 03-Feb-1998 | 3 | |||||||||||
Saudi Arabia |
RED DOOR (DEVICE) | Registered | 471/47 | 27-Jun-1998 | 44534 | 05-Apr-1999 | 3 | |||||||||||
Singapore |
RED DOOR (DEVICE) | Registered | T/98/04830C | 21-May-1998 | S/4830/98 | 21-May-1998 | 3 | |||||||||||
South Africa |
RED DOOR (DEVICE) | Registered | 96/2805 | 04-Mar-1996 | 96/2805 | 04-Mar-1996 | 3 | |||||||||||
St. Kitts and Nevis |
RED DOOR (DEVICE) | Registered | 4846 | 3058 | 24-Aug-1998 | 48 | ||||||||||||
Taiwan |
RED DOOR (DEVICE) | Registered | 856745 | 87003826 | 30-Jun-1999 | 3 | ||||||||||||
Tanganyika |
RED DOOR (DEVICE) | Registered | 25980 | 26-Jun-1998 | 26-Nov-1998 | 3 | ||||||||||||
Thailand |
RED DOOR (DEVICE) | Registered | KOR85604 | 16-Apr-1998 | 358,175 | 16-Apr-1998 | 3 | |||||||||||
Trinidad and Tobago |
RED DOOR (DEVICE) | Registered | 28326 | 21-May-1998 | 21-May-1998 | 3 | ||||||||||||
Tunisia |
RED DOOR (DEVICE) | Pending | 21-Sep-2007 | EE072368 | 3, 44 | |||||||||||||
Turkey |
RED DOOR (DEVICE) | Registered | 206083 | 03-Jul-1998 | 98/008912 | 03-Jul-1998 | 3 | |||||||||||
Turkmenistan |
RED DOOR (DEVICE) | Registered | 11082 | 24-Jul-2009 | 20090392 | 06-Sep-2011 | 3 | |||||||||||
Uganda |
RED DOOR (DEVICE) | Registered | 21,690 | 01-Jul-1998 | 01-Jul-1998 | 3 | ||||||||||||
United Arab Emirates |
RED DOOR (DEVICE) | Registered | 25526 | 11-Aug-1998 | 27915 | 11-Aug-1998 | 3 | |||||||||||
United Arab Emirates |
RED DOOR (DEVICE) | Registered | 164854 | 09-Nov-2011 | 164854 | 29-Aug-2013 | 03 | |||||||||||
United States of America |
RED DOOR (DEVICE) | Registered | 3698929 | 08-May-2009 | 77732521 | 20-Oct-2009 | 35 | |||||||||||
United States of America |
RED DOOR (DEVICE) | Pending | 18-Feb-2016 | 86912147 | 3, 21, 35 and 44 | |||||||||||||
United States of America |
RED DOOR (DEVICE) | Pending | 03-Mar-2016 | 86928115 | 9, 24, 25 | |||||||||||||
Uruguay |
RED DOOR (DEVICE) | Registered | 301466 | 09-Sep-1998 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Yemen, Republic of |
RED DOOR (DEVICE) | Registered | 9820 | 29-Jun-1998 | 12,516 | 17-May-1999 | 3 | |||||||||||
Zambia |
RED DOOR (DEVICE) | Registered | 30/98 | 28-Jan-1998 | 23-Jul-1999 | 3 | ||||||||||||
Zimbabwe |
RED DOOR (DEVICE) | Registered | 795/98 | 19-Jun-1998 | 19-Jun-1998 | 3 | ||||||||||||
Canada |
RED DOOR (OLD DEVICE) | Pending | 24-May-2012 | 1579073 | 44 | |||||||||||||
United Kingdom |
RED DOOR (SERIES OF 2 MARKS) | Registered | 2214905 | 20-Nov-1999 | 2,214,905 | 20-Nov-1999 | 42 | |||||||||||
Singapore |
RED DOOR (WORDS IN LOCAL SCRIPT) | Registered | T9504664D | 25-May-1995 | 25-May-1995 | 3 | ||||||||||||
Taiwan |
RED DOOR (WORDS IN LOCAL SCRIPT) | Registered | 784021 | 84024323 | 16-Nov-1997 | 3 | ||||||||||||
Qatar |
RED DOOR (WORDS LATIN/LOCAL SCRIPT) | Registered | 7567 | 09-Sep-1989 | 07-Jun-1994 | 3 | ||||||||||||
Armenia |
RED DOOR AURA | Registered | 20245 | 17-Aug-2012 | 20121107 | 02-Aug-2013 | 3 | |||||||||||
Azerbaijan |
RED DOOR AURA | Registered | 2014 0048 | 09-Aug-2012 | 20121177 | 14-Jan-2014 | 3 | |||||||||||
Philippines |
RED DOOR AURA | Registered | 42012502116 | 14-Aug-2012 | 42012502116 | 20-Dec-2012 | 3 | |||||||||||
Vietnam |
RED DOOR AURA | Registered | 230463 | 13-Aug-2012 | 4201217789 | 23-Aug-2014 | 3 | |||||||||||
Belize |
RED DOOR DEVICE | Registered | 453907 | 03-Apr-2007 | 4539.07 | 11-Sep-2007 | 3, 44 | |||||||||||
Canada |
RED DOOR DEVICE | Registered | TMA532571 | 15-Jul-1997 | 850,726 | 12-Sep-2000 | 3 | |||||||||||
European Community |
RED DOOR DEVICE | Registered | 9224511 | 05-Jul-2010 | 9224511 | 07-Jan-2011 | 3, 5, 9, 14, 18, 21, 24, 25, 35, 42, 44 | |||||||||||
Ghana |
RED DOOR DEVICE | Pending | 15-Jul-2009 | 3 | ||||||||||||||
Libya |
RED DOOR DEVICE | Pending | 18-Jan-2009 | 16898 | 3 | |||||||||||||
St. Kitts and Nevis |
RED DOOR DEVICE | Registered | 20040265 | 10-Nov-2004 | 2004/0265 | 10-Nov-2004 | 3 | |||||||||||
Sweden |
RED DOOR DEVICE | Registered | 334626 | 13-Jan-1998 | 9800203 | 28-Jan-2000 | 3 | |||||||||||
Turks and Caicos Islands |
RED DOOR DEVICE | Registered | 15838 | 05-May-2009 | 15838 | 28-Apr-2009 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
European Community |
RED DOOR DEVICE (COLOR) | Registered | 009195091 | 22-Jun-2010 | 9195091 | 29-Nov-2011 | 3, 5, 9, 14, 18, 21, 24, 25, 35, 42, 44 | |||||||||||
Haiti |
RED DOOR DEVICE (COLOR) | Registered | 69/125 | 02-Dec-1999 | 1326-U | 25-Jul-2000 | 3 | |||||||||||
Hong Kong |
RED DOOR DEVICE (COLOR) | Registered | 1999B12895 | 17-Apr-1998 | 4910/98 | 17-Apr-1998 | 3 | |||||||||||
Netherlands Antilles |
RED DOOR DEVICE (COLOR) | Registered | 2695 | 14-May-1998 | D-8307 | 31-Dec-2001 | 3 | |||||||||||
South Africa |
RED DOOR DEVICE (COLOR) | Registered | 98/05940 | 08-Apr-1998 | 98/05940 | 02-Aug-2001 | 3 | |||||||||||
Australia |
RED DOOR DEVICE (LINED FOR COLOR) | Registered | 753894 | 30-Jan-1998 | 753,894 | 30-Jan-1998 | 3 | |||||||||||
United States of America |
RED DOOR DEVICE (LINED FOR COLOR) | Registered | 930966 | 16-Dec-1969 | 72/346,358 | 14-Mar-1972 | 42 | |||||||||||
Brunei Darussalam |
RED DOOR DEVICE (Series Mark) | Pending | 07-Mar-2007 | 38464 | 3, 42 | |||||||||||||
China (Peoples Republic) |
RED DOOR IN CHINESE CHARACTERS | Registered | 1166500 | 970,020,343 | 14-Apr-1998 | 3 | ||||||||||||
Hong Kong |
RED DOOR IN CHINESE CHARACTERS | Registered | 199708129 | 11-May-1995 | 5574/95 | 11-May-1995 | 3 | |||||||||||
Malaysia |
RED DOOR IN CHINESE CHARACTERS | Registered | 97006972 | 29-May-1997 | 97/06972 | 29-May-1997 | 3 | |||||||||||
Australia |
RED DOOR REVEALED | Registered | 968138 | 29-Aug-2003 | 968138 | 29-Aug-2003 | 3 | |||||||||||
Brazil |
RED DOOR REVEALED | Registered | 82571833 | 01-Sep-2003 | 825718333 | 23-Oct-2007 | 3 | |||||||||||
Chile |
RED DOOR REVEALED | Registered | 686403 | 01-Sep-2003 | 619401 | 24-Feb-2004 | ||||||||||||
Colombia |
RED DOOR REVEALED | Registered | 298620 | 28-Aug-2003 | 2003074522 | 30-Nov-2004 | 03 Int. | |||||||||||
Japan |
RED DOOR REVEALED | Registered | 4759660 | 28-Aug-2003 | 2003-076750 | 26-Mar-2004 | 3 | |||||||||||
Norway |
RED DOOR REVEALED | Registered | 222811 | 01-Sep-2003 | 200308144 | 01-Apr-2004 | ||||||||||||
South Africa |
RED DOOR REVEALED | Registered | 200314576 | 28-Aug-2003 | 2003/14576 | 19-Oct-2007 | 3 | |||||||||||
Taiwan |
RED DOOR REVEALED | Registered | 1094694 | 29-Aug-2003 | 092052315 | 01-Apr-2004 | 3 | |||||||||||
Benelux |
RED DOOR ROUGE | Registered | 619721 | 31-Oct-1997 | 903874 | 31-Oct-1997 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Canada |
RED DOOR VELVET | Registered | 707175 | 13-Apr-2006 | 1297789 | 12-Feb-2008 | 3 | |||||||||||
China (Peoples Republic) |
RED DOOR VELVET | Registered | 886679 | 24-Apr-2006 | 886679 | 24-Apr-2006 | 3 | |||||||||||
European Community |
RED DOOR VELVET | Registered | 886679 | 24-Apr-2006 | 0886679 | 24-Apr-2006 | 3 | |||||||||||
Intl RegistrationMadrid Protocol Only |
RED DOOR VELVET | Registered | 886679 | 24-Apr-2006 | 24-Apr-2006 | 3 | ||||||||||||
Intl RegistrationMadrid Protocol Only |
RED DOOR VELVET | Registered | 0886679 | 24-Apr-2006 | A0004527 | 24-Apr-2006 | 03 | |||||||||||
Japan |
RED DOOR VELVET | Registered | 886679 | 24-Apr-2006 | 886679 | 24-Apr-2006 | 3 | |||||||||||
Korea, Republic of |
RED DOOR VELVET | Registered | 886679 | 24-Apr-2006 | 886679 | 14-Nov-2008 | 3 | |||||||||||
Norway |
RED DOOR VELVET | Registered | 886679 | 24-Apr-2006 | 886679 | 24-Apr-2006 | 3 | |||||||||||
Argentina |
RED DROPS | Published | 23-Feb-2015 | 3388824 | ||||||||||||||
Australia |
RED DROPS | Registered | 1676004 | 20-Feb-2015 | 1676004 | 02-Sep-2015 | 03 Int. | |||||||||||
Brazil |
RED DROPS | Published | 03-Mar-2015 | 909061998 | 03 Int. | |||||||||||||
Canada |
RED DROPS | Published | 20-Feb-2015 | 1716051 | ||||||||||||||
China (Peoples Republic) |
RED DROPS | Published | 05-Feb-2015 | 16314337 | 03 Int. | |||||||||||||
Colombia |
RED DROPS | Published | 24-Feb-2015 | 15040874 | 03 Int. | |||||||||||||
Egypt |
RED DROPS | Published | 26-Feb-2015 | 314360 | 03 Int. | |||||||||||||
European Community |
RED DROPS | Registered | 13620571 | 06-Jan-2015 | 13620571 | 24-Apr-2015 | ||||||||||||
Hong Kong |
RED DROPS | Registered | 303259341 | 07-Jan-2015 | 303259341 | 07-Jan-2015 | 03 Int. | |||||||||||
Indonesia |
RED DROPS | Pending | 21-Jan-2015 | D002015002382 | 03 Int. | |||||||||||||
Israel |
RED DROPS | Pending | 20-Feb-2015 | 272521 | ||||||||||||||
Japan |
RED DROPS | Registered | 5782241 | 23-Feb-2015 | 2015015991 | 31-Jul-2015 | 03 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Korea, Republic of |
RED DROPS | Registered | 40-1129712 | 23-Feb-2015 | 40201513354 | 27-Feb-2015 | 03 | |||||||||||
Lebanon |
RED DROPS | Registered | 164650 | 24-Feb-2015 | 30388 | 02-Mar-2015 | 03 Int. | |||||||||||
Malaysia |
RED DROPS | Pending | 27-Feb-2015 | 2015052949 | ||||||||||||||
Mexico |
RED DROPS | Registered | 1539868 | 24-Feb-2015 | 1581607 | 22-May-2015 | 03 Int. | |||||||||||
Morocco |
RED DROPS | Pending | 04-Mar-2015 | 165668 | 03 Int. | |||||||||||||
New Zealand |
RED DROPS | Registered | 1014495 | 20-Feb-2015 | 1014495 | 21-Aug-2015 | 03 Int. | |||||||||||
Norway |
RED DROPS | Registered | 281846 | 23-Feb-2015 | 201502337 | 15-May-2015 | 03 | |||||||||||
Panama |
RED DROPS | Registered | 238804-01 | 02-Mar-2015 | 238804-01 | 29-Sep-2015 | 03 Int. | |||||||||||
Paraguay |
RED DROPS | Pending | 24-Feb-2015 | 75142015 | 03 Int. | |||||||||||||
Philippines |
RED DROPS | Published | 07-Jan-2015 | 42015500093 | 03 Int. | |||||||||||||
Russian Federation |
RED DROPS | Registered | 566493 | 12-Jan-2015 | 2015700110 | 03-Mar-2016 | ||||||||||||
Saudi Arabia |
RED DROPS | Pending | 26-Feb-2015 | 1436009900 | 03 Int. | |||||||||||||
Singapore |
RED DROPS | Registered | 40201503640T | 04-Mar-2015 | 40201503640T | 04-Mar-2015 | ||||||||||||
South Africa |
RED DROPS | Pending | 20-Feb-2015 | 201504512 | ||||||||||||||
Switzerland |
RED DROPS | Registered | 679416 | 23-Feb-2015 | 52090/2015 | 20-Oct-2015 | 03 Int. | |||||||||||
Taiwan |
RED DROPS | Registered | 1737433 | 24-Feb-2015 | 104010355 | 16-Nov-2015 | 03 | |||||||||||
Thailand |
RED DROPS | Pending | 07-Jan-2015 | 968905 | 03 | |||||||||||||
Turkey |
RED DROPS | Registered | 201515318 | 23-Feb-2015 | 201515318 | 23-Feb-2015 | 03 Int. | |||||||||||
United Arab Emirates |
RED DROPS | Published | 24-Feb-2015 | 227704 | 03 Int. | |||||||||||||
United States of America |
RED DROPS | Registered | 4886861 | 30-Dec-2014 | 86492163 | 12-Jan-2016 | 03 Int. |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Venezuela |
RED DROPS | Pending | 24-Feb-2015 | 201502554 | ||||||||||||||
Vietnam |
RED DROPS | Published | 16-Jan-2015 | 4201501347 | 03 Int. | |||||||||||||
Indonesia |
ROCKER FEMME FANTASY | Pending | 04-Mar-2015 | D002015008637 | 03 Int. | |||||||||||||
Canada |
SHINE POPS | Registered | 654712 | 29-Dec-2004 | 1242200 | 08-Dec-2005 | 3 | |||||||||||
China (Peoples Republic) |
SHINE POPS | Registered | 4447945 | 04-Jan-2005 | 4447945 | 28-Apr-2008 | 3 | |||||||||||
Mexico |
SHINE POPS | Registered | 871334 | 10-Jan-2005 | 696021 | 28-Feb-2005 | 3 | |||||||||||
Singapore |
SHINE POPS | Registered | T0423048Z | 31-Dec-2004 | T04/23048Z | 18-May-2005 | 3 | |||||||||||
Taiwan |
SHINE POPS | Registered | 1170201 | 31-Dec-2004 | 093061553 | 01-Sep-2005 | 3 | |||||||||||
United States of America |
SIMPLY PERFECT | Registered | 1,418,074 | 08-May-1986 | 73/597,596 | 25-Nov-1986 | 3 | |||||||||||
Switzerland |
SKI-LIP | Registered | 368534 | 09-Dec-1968 | 3 | |||||||||||||
Switzerland |
SKIN DYNAMICS | Registered | 405279 | 03-Jul-1973 | 3 | |||||||||||||
Australia |
SKIN ILLUMINATING COMPLEX | Registered | 840553 | 28-Jun-2000 | 840,553 | 31-May-2001 | 3 | |||||||||||
France |
SKIN ILLUMINATING COMPLEX | Registered | 3035190 | 19-Jun-2000 | 3035190 | 19-Jun-2000 | 3 | |||||||||||
Korea, Republic of |
SKIN ILLUMINATING COMPLEX | Registered | 513,439 | 30-Jun-2000 | 40-2000-31640 | 25-Feb-2002 | 3 | |||||||||||
South Africa |
SKIN ILLUMINATING COMPLEX | Published | 31-Jan-2014 | 201402534 | 03 | |||||||||||||
Argentina |
SKIN OPTIMIZING PLATFORM | Registered | 2735295 | 3.339.999 | 03-Jul-2015 | 21 | ||||||||||||
New Zealand |
SKIN OPTIMIZING PLATFORM | Registered | 1001229 | 11-Jul-2014 | 1001229 | 13-Jan-2015 | ||||||||||||
Hong Kong |
SMOOTH THE WAY | Registered | 2002B00465 | 24-May-2000 | 11462/2000 | 15-Jan-2002 | 3 | |||||||||||
New Zealand |
SMOOTH THE WAY | Registered | 615304 | 25-May-2000 | 615304 | 25-May-2000 | 3 | |||||||||||
Benelux |
SPLENDOR | Registered | 619726 | 07-Nov-1997 | 904420 | 07-Nov-1997 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Cayman Islands |
SPLENDOR | Registered | 2167553 | 09-May-1998 | 09-May-1998 | 3 | ||||||||||||
Korea, Republic of |
SPLENDOR | Registered | 464033 | 04-Mar-1999 | 1999-6629 | 27-Jan-2000 | 3 | |||||||||||
Sweden |
SPLENDOR | Registered | 337216 | 13-Jan-1998 | 98-00204 | 19-May-2000 | 3 | |||||||||||
United Kingdom |
SPLENDOR | Registered | 2,167,553 | 22-May-1998 | 22-May-1998 | 3 | ||||||||||||
Hong Kong |
SPLENDOR (CAN DONG) IN CHINESE CHARACTERS | Registered | 9367(A-B)/2001 | 26-Jun-2000 | 14053/2000 | 17-Aug-2001 | 3 | |||||||||||
China (Peoples Republic) |
SPLENDOR (WORD IN LOCAL SCRIPT) | Registered | 1620308 | 12-Jul-2000 | 2,000,105,323 | 21-Aug-2001 | 3 | |||||||||||
New Zealand |
SUN SCIENCE | Registered | 165828 | 03-Jun-1986 | 165828 | 03-Jun-1986 | 3 | |||||||||||
Colombia |
SUNFLOWER | Registered | 190813 | 18-Oct-1994 | 3 | |||||||||||||
Korea, Republic of |
SUNFLOWER AND KOREAN CHARACTERS | Registered | 40244956 | 28-Jul-1992 | 12 | |||||||||||||
Armenia |
SUNFLOWERS | Registered | 20249 | 17-Aug-2012 | 20121112 | 02-Aug-2013 | 3 | |||||||||||
Aruba |
SUNFLOWERS | Registered | 16457 | 21-Oct-1993 | 93102112 | 16-Dec-1993 | 3 | |||||||||||
Australia |
SUNFLOWERS | Registered | 753891 | 30-Jan-1998 | 753891 | 30-Jan-1998 | 3 | |||||||||||
Austria |
SUNFLOWERS | Registered | 149561 | 18-Aug-1993 | 3914/93 | 13-Oct-1993 | 3 | |||||||||||
Azerbaijan |
SUNFLOWERS | Registered | 2014 0046 | 09-Aug-2012 | 20121182 | 14-Jan-2014 | 3 | |||||||||||
Bahrain |
SUNFLOWERS | Registered | 17057 | 10-Jan-1994 | 5/94 | 10-Jan-1994 | 3 | |||||||||||
Barbados |
SUNFLOWERS | Registered | 81/15624 | 24-May-1993 | 19-Jun-2001 | 3 | ||||||||||||
Benelux |
SUNFLOWERS | Registered | 530198 | 28-Jun-1993 | 799476 | 28-Jun-2003 | 3 | |||||||||||
Bolivia |
SUNFLOWERS | Registered | 58911-C | 19-Jul-1995 | 3 | |||||||||||||
Canada |
SUNFLOWERS | Registered | 450498 | 05-Feb-1993 | 721,936 | 24-Nov-1995 | 3 | |||||||||||
Colombia |
SUNFLOWERS | Registered | 222872 | 94/026,915 | 12-Sep-1999 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Costa Rica |
SUNFLOWERS | Registered | 38822 | 113273 | 28-Oct-1998 | 3 | ||||||||||||
Costa Rica |
SUNFLOWERS | Registered | 84513 | 82937 | 27-Oct-1993 | 3 | ||||||||||||
Curacao |
SUNFLOWERS | Pending | 09617 | 17-Jul-2003 | VD-300156 | |||||||||||||
Denmark |
SUNFLOWERS | Registered | 199405209 | 6807/93 | 05-Aug-1994 | 3 | ||||||||||||
Dominican Republic |
SUNFLOWERS | Registered | 58151 | 15-Aug-1993 | 50 | |||||||||||||
Ecuador |
SUNFLOWERS | Registered | 1247 | 21-Jan-1998 | 84649 | 12-Oct-1999 | 3 | |||||||||||
El Salvador |
SUNFLOWERS | Registered | 48/101 | E-1431-98 | 25-Jan-2000 | 3 | ||||||||||||
European Community |
SUNFLOWERS | Registered | 9384611 | 17-Sep-2010 | 9384611 | 04-Mar-2011 | 3, 03 Int. | |||||||||||
Finland |
SUNFLOWERS | Registered | 134961 | 4813/93 | 05-Dec-1994 | 3 | ||||||||||||
Greece |
SUNFLOWERS | Registered | 116473 | 27-Oct-1993 | 116473 | 17-May-1996 | 3 | |||||||||||
Guatemala |
SUNFLOWERS | Registered | 71703 | 2157-93 | 22-Jun-1994 | 3 | ||||||||||||
Honduras |
SUNFLOWERS | Registered | 75010 | 1489/98 | 10-Aug-1999 | 3 | ||||||||||||
Honduras |
SUNFLOWERS | Registered | 59038 | 5143/93 | 10-Dec-1993 | 3 | ||||||||||||
Iran (Islamic Republic of) |
SUNFLOWERS | Registered | 71878 | 08-Sep-1993 | 109059 | 26-Dec-1993 | 3 | |||||||||||
Ireland |
SUNFLOWERS | Registered | 210,273 | 15-Jun-1998 | 98/2505 | 15-Jun-1998 | 3 | |||||||||||
Kazakhstan |
SUNFLOWERS | Registered | 41985 | 02-Aug-2012 | 59045 | 23-Oct-2013 | 3 | |||||||||||
Korea, Republic of |
SUNFLOWERS | Registered | 350302 | 95-9316 | 20-Nov-1996 | 12 | ||||||||||||
Korea, Republic of |
SUNFLOWERS | Registered | 446863 | 98-1574 | 23-Apr-1999 | 3 | ||||||||||||
Malaysia |
SUNFLOWERS | Registered | 9801367 | 09-Feb-1998 | 98/01367 | 09-Feb-1998 | 3 | |||||||||||
Mexico |
SUNFLOWERS | Registered | 437416 | 12-May-1993 | 167489 | 12-May-1993 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Morocco |
SUNFLOWERS | Registered | 51879 | 19-Aug-1993 | 51,879 | 19-Aug-1993 | 3 | |||||||||||
Namibia |
SUNFLOWERS | Registered | 96/0048 | 11-Jan-1996 | 96/0048 | 11-Jan-1996 | 3 | |||||||||||
Netherlands Antilles |
SUNFLOWERS | Registered | 2700 | 31-Dec-2001 | D-8317 | 21-Oct-1993 | 3 | |||||||||||
New Zealand |
SUNFLOWERS | Registered | 226575 | 27-Apr-1993 | 226575 | 27-Apr-1993 | 3 | |||||||||||
New Zealand |
SUNFLOWERS | Registered | 287549 | 22-Jan-1998 | 287549 | 22-Jan-1998 | 3 | |||||||||||
Nicaragua |
SUNFLOWERS | Registered | 45399 C.C. | 22-Jan-1998 | 30-Nov-2000 | 3 | ||||||||||||
Norway |
SUNFLOWERS | Registered | 174297 | 935,070 | 20-Jun-1996 | 3 | ||||||||||||
Oman |
SUNFLOWERS | Registered | 8769 | 16-Aug-1993 | 8769 | 05-Aug-2001 | 3 | |||||||||||
Pakistan |
SUNFLOWERS | Registered | 146011 | 16-Jan-1998 | 146,011 | 23-Apr-2004 | 3 | |||||||||||
Panama |
SUNFLOWERS | Registered | 70837 | 29-Aug-1995 | 29-Aug-1995 | 3 | ||||||||||||
Paraguay |
SUNFLOWERS | Registered | 407184 | 7111 | 09-Jul-2004 | 3 | ||||||||||||
Peru |
SUNFLOWERS | Registered | 32554 | 013,694 | 11-Nov-1996 | 3 | ||||||||||||
Russian Federation |
SUNFLOWERS | Registered | 150236 | 03-Nov-1995 | 95712543 | 03-Nov-1995 | 3 | |||||||||||
Saudi Arabia |
SUNFLOWERS | Registered | 308/67 | 07-Sep-1993 | 22204 | 31-May-1994 | 3 | |||||||||||
Singapore |
SUNFLOWERS | Registered | T99/05839F | 09-Jun-1999 | T99/05939F | 09-Jun-1999 | 3 | |||||||||||
Sweden |
SUNFLOWERS | Registered | 259174 | 15-Oct-1993 | 93-09659 | 23-Jun-1994 | 3 | |||||||||||
Taiwan |
SUNFLOWERS | Registered | 655091 | 82026356 | 16-Sep-1994 | 5 | ||||||||||||
Taiwan |
SUNFLOWERS | Registered | 625769 | 82,026,357 | 01-Jan-1994 | 6 | ||||||||||||
Thailand |
SUNFLOWERS | Registered | KOR47923 | 09-Jun-1994 | 266,182 | 09-Jun-1994 | 3 | |||||||||||
Tunisia |
SUNFLOWERS | Registered | EE930834 | 16-Aug-1993 | 16-Aug-1993 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Turkey |
SUNFLOWERS | Registered | 150224 | 11-Mar-1994 | 3, 21 | |||||||||||||
United Arab Emirates |
SUNFLOWERS | Registered | 40750 | 27-Feb-1996 | 15,050 | 27-May-2003 | 3 | |||||||||||
United Kingdom |
SUNFLOWERS | Registered | 2,070,585 | 07-May-1996 | 07-May-1996 | 3 | ||||||||||||
United Kingdom |
SUNFLOWERS | Registered | 2019068 | 28-Apr-1995 | 3 | |||||||||||||
United States of America |
SUNFLOWERS | Registered | 1830983 | 25-Nov-1992 | 74/334,688 | 19-Apr-1994 | 3 | |||||||||||
United States of America |
SUNFLOWERS | Registered | 1917541 | 26-Aug-1994 | 74/565,917 | 12-Sep-1995 | 3 | |||||||||||
Zambia |
SUNFLOWERS | Registered | 715/96 | 10-Dec-1996 | 10-Dec-1996 | 3 | ||||||||||||
Argentina |
SUNFLOWERS (LABEL) | Registered | 3476235 | 1914554 | 03-Oct-1995 | 3 | ||||||||||||
Finland |
SUNFLOWERS (LABEL) | Registered | 137942 | 4812/93 | 05-Jun-1995 | 3 | ||||||||||||
Italy |
SUNFLOWERS (LABEL) | Registered | 1043059 | 20-Oct-1993 | 7179/93 | 20-Oct-1993 | 3 | |||||||||||
Peru |
SUNFLOWERS (LABEL) | Registered | 26929 | 237,792 | 23-May-1996 | 3 | ||||||||||||
Singapore |
SUNFLOWERS (LABEL) | Registered | T9400124H | 06-Jan-1994 | S/124/94 | 06-Jan-1994 | 3 | |||||||||||
South Africa |
SUNFLOWERS (LABEL) | Registered | 94/0144 | 07-Jan-1994 | 07-Jan-1994 | 3 | ||||||||||||
Taiwan |
SUNFLOWERS (LABEL) | Registered | 658328 | 83,028,645 | 16-Oct-1994 | 6 | ||||||||||||
Canada |
SUNFLOWERS (WORD & DEVICE) | Registered | 450068 | 736554 | 17-Nov-1995 | |||||||||||||
United States of America |
SUNFLOWERS (WORD & DEVICE) | Registered | 1820936 | 18-May-1993 | 74/392,288 | 15-Feb-1994 | 3 | |||||||||||
Qatar |
SUNFLOWERS (WORD (LATIN/LOCAL SCRIPT)) | Registered | 11121 | 12-Aug-1993 | 11121 | 24-Jun-2001 | 3 | |||||||||||
China (Peoples Republic) |
SUNFLOWERS (WORD IN LOCAL SCRIPT) | Registered | 1620281 | 15-May-2000 | 200,072,484 | 21-Aug-2001 | 3 | |||||||||||
France |
SUNFLOWERS ELIZABETH ARDEN | Registered | 93490173 | 29-Oct-1993 | 29-Oct-1993 | 3 | ||||||||||||
Guatemala |
SUNFLOWERS ELIZABETH ARDEN | Registered | 76624 | 15-Mar-1996 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Japan |
SUNFLOWERS ELIZABETH ARDEN (LABEL) | Registered | 3300541 | 14-Nov-1996 | 111312/93 | 02-May-1997 | 3 | |||||||||||
Taiwan |
SUNFLOWERS ELIZABETH ARDEN (LABEL) | Registered | 665280 | 83028646 | 01-Jan-1995 | 5 | ||||||||||||
Uruguay |
SUNFLOWERS ELIZABETH ARDEN (LABEL) | Registered | 368664 | 11-Mar-1996 | 3 | |||||||||||||
European Community |
SUPERSTART | Registered | 13501895 | 26-Nov-2014 | 13501895 | 23-Mar-2015 | 03 Int. | |||||||||||
United States of America |
SUPERSTART | Registered | 4882894 | 24-Nov-2014 | 86463262 | 05-Jan-2016 | 03 Int. | |||||||||||
United States of America |
THE RED DOOR | Pending | 26-Jul-2016 | 87116711 | 35, 44 | |||||||||||||
African Intellectual Property Organization (OAPI) |
TO BE BEAUTIFUL IS THE BIRTHRIGHT OF EVERY WOMAN | Registered | 69640 | 28-Nov-2011 | 3201102947 | 31-May-2012 | 3 | |||||||||||
Australia |
TO BE BEAUTIFUL IS THE BIRTHRIGHT OF EVERY WOMAN | Registered | 1456386 | 28-Oct-2011 | 1456386 | 28-Oct-2011 | 3 | |||||||||||
Botswana |
TO BE BEAUTIFUL IS THE BIRTHRIGHT OF EVERY WOMAN | Registered | BWM201100853 | 04-Nov-2011 | BWM201100853 | 25-Sep-2013 | 3 | |||||||||||
Brazil |
TO BE BEAUTIFUL IS THE BIRTHRIGHT OF EVERY WOMAN | Published | 28-Oct-2011 | 831145153 | 3 | |||||||||||||
Canada |
TO BE BEAUTIFUL IS THE BIRTHRIGHT OF EVERY WOMAN | Registered | TMA869,416 | 28-Oct-2011 | 1549865 | 20-Jan-2014 | 3 | |||||||||||
Colombia |
TO BE BEAUTIFUL IS THE BIRTHRIGHT OF EVERY WOMAN | Registered | 474115 | 28-Oct-2011 | 2011146562 | 28-Jul-2013 | 3 | |||||||||||
Ecuador |
TO BE BEAUTIFUL IS THE BIRTHRIGHT OF EVERY WOMAN | Registered | 368112 | 15-Nov-2011 | 201112728 | 02-May-2012 | 3 | |||||||||||
European Community |
TO BE BEAUTIFUL IS THE BIRTHRIGHT OF EVERY WOMAN | Registered | 10815331 | 17-Apr-2012 | 010815331 | 17-Jun-2013 | 3, 34, 44 | |||||||||||
Honduras |
TO BE BEAUTIFUL IS THE BIRTHRIGHT OF EVERY WOMAN | Registered | 3234 | 03-Feb-2012 | 39692012 | 28-Aug-2012 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Hong Kong |
TO BE BEAUTIFUL IS THE BIRTHRIGHT OF EVERY WOMAN | Registered | 302081655 | 10-Nov-2011 | 302081655 | 11-Nov-2011 | 3 | |||||||||||
Iceland |
TO BE BEAUTIFUL IS THE BIRTHRIGHT OF EVERY WOMAN | Registered | 252012 | 28-Oct-2011 | 30092011 | 02-Jan-2012 | 3 | |||||||||||
India |
TO BE BEAUTIFUL IS THE BIRTHRIGHT OF EVERY WOMAN | Pending | 28-Mar-2012 | 2307179 | 3 | |||||||||||||
Israel |
TO BE BEAUTIFUL IS THE BIRTHRIGHT OF EVERY WOMAN | Registered | 241677 | 28-Oct-2011 | 241677 | 06-Aug-2014 | 03 Int. | |||||||||||
Jamaica |
TO BE BEAUTIFUL IS THE BIRTHRIGHT OF EVERY WOMAN | Registered | 59161 | 28-Oct-2011 | 59161 | 28-Oct-2011 | 3 | |||||||||||
Japan |
TO BE BEAUTIFUL IS THE BIRTHRIGHT OF EVERY WOMAN | Registered | 5484531 | 31-Oct-2011 | 2011078065 | 06-Apr-2012 | 3 | |||||||||||
Kenya |
TO BE BEAUTIFUL IS THE BIRTHRIGHT OF EVERY WOMAN | Registered | 73226 | 18-Nov-2011 | 73226 | 17-Sep-2012 | 3 | |||||||||||
Kuwait |
TO BE BEAUTIFUL IS THE BIRTHRIGHT OF EVERY WOMAN | Registered | 109153 | 31-Oct-2011 | 125032 | 07-Jun-2013 | 3 | |||||||||||
Lebanon |
TO BE BEAUTIFUL IS THE BIRTHRIGHT OF EVERY WOMAN | Registered | 141093 | 22-Feb-2012 | 141093 | 22-Feb-2012 | 3 | |||||||||||
Lesotho |
TO BE BEAUTIFUL IS THE BIRTHRIGHT OF EVERY WOMAN | Registered | LSM1100387 | 10-Nov-2011 | LSM1100387 | 10-Apr-2013 | 03 Int. | |||||||||||
Liberia |
TO BE BEAUTIFUL IS THE BIRTHRIGHT OF EVERY WOMAN | Registered | |
LR/M/ 2012/00195 |
|
31-Oct-2012 | 3 | |||||||||||
Mexico |
TO BE BEAUTIFUL IS THE BIRTHRIGHT OF EVERY WOMAN | Registered | 1276823 | 31-Oct-2011 | 1223978 | 29-Mar-2012 | 3 | |||||||||||
Morocco |
TO BE BEAUTIFUL IS THE BIRTHRIGHT OF EVERY WOMAN | Registered | 141933 | 29-Dec-2011 | 141933 | 29-Dec-2011 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Mozambique |
TO BE BEAUTIFUL IS THE BIRTHRIGHT OF EVERY WOMAN | Pending | 04-Nov-2011 | 201572011 | 3 | |||||||||||||
Namibia |
TO BE BEAUTIFUL IS THE BIRTHRIGHT OF EVERY WOMAN | Published | 09-Dec-2011 | 20111617 | 3 | |||||||||||||
New Zealand |
TO BE BEAUTIFUL IS THE BIRTHRIGHT OF EVERY WOMAN | Registered | 851564 | 28-Oct-2011 | 851564 | 28-Oct-2011 | 3 | |||||||||||
Nicaragua |
TO BE BEAUTIFUL IS THE BIRTHRIGHT OF EVERY WOMAN | Registered | 2014103226LM | 28-Oct-2011 | 2011003896 | 01-Apr-2014 | 3 | |||||||||||
Nigeria |
TO BE BEAUTIFUL IS THE BIRTHRIGHT OF EVERY WOMAN | Pending | 14-Nov-2011 | 201118472 | 3 | |||||||||||||
Oman |
TO BE BEAUTIFUL IS THE BIRTHRIGHT OF EVERY WOMAN | Registered | 73462 | 25-Mar-2012 | 73462 | 05-Mar-2013 | 3 | |||||||||||
Paraguay |
TO BE BEAUTIFUL IS THE BIRTHRIGHT OF EVERY WOMAN | Registered | 391130 | 28-Oct-2011 | 1146492 | 20-Dec-2013 | 3 | |||||||||||
Peru |
TO BE BEAUTIFUL IS THE BIRTHRIGHT OF EVERY WOMAN | Published | 21-Feb-2012 | 484098 | 3 | |||||||||||||
Philippines |
TO BE BEAUTIFUL IS THE BIRTHRIGHT OF EVERY WOMAN | Registered | 42011501644 | 28-Oct-2011 | 42011501644 | 12-Apr-2012 | 3 | |||||||||||
Qatar |
TO BE BEAUTIFUL IS THE BIRTHRIGHT OF EVERY WOMAN | Published | 30-Oct-2011 | 71119 | 03 Int. | |||||||||||||
Saudi Arabia |
TO BE BEAUTIFUL IS THE BIRTHRIGHT OF EVERY WOMAN | Registered | 143212592 | 31-Oct-2011 | 174116 | 26-Jul-2014 | 3 | |||||||||||
Singapore |
TO BE BEAUTIFUL IS THE BIRTHRIGHT OF EVERY WOMAN | Registered | T0409704F | 30-Nov-2011 | T1116952I | 30-Nov-2011 | 3 | |||||||||||
South Africa |
TO BE BEAUTIFUL IS THE BIRTHRIGHT OF EVERY WOMAN | Registered | 201127464 | 28-Oct-2011 | 201127464 | 28-Feb-2014 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Swaziland |
TO BE BEAUTIFUL IS THE BIRTHRIGHT OF EVERY WOMAN | Registered | 07-Nov-2011 | 10942011 | 09-Nov-2011 | 3 | ||||||||||||
Switzerland |
TO BE BEAUTIFUL IS THE BIRTHRIGHT OF EVERY WOMAN | Registered | 627370 | 28-Oct-2011 | 621072011 | 21-Mar-2012 | 3 | |||||||||||
Trinidad and Tobago |
TO BE BEAUTIFUL IS THE BIRTHRIGHT OF EVERY WOMAN | Registered | B44904 | 10-Feb-2012 | B44904 | 10-Feb-2012 | 3 | |||||||||||
Turkey |
TO BE BEAUTIFUL IS THE BIRTHRIGHT OF EVERY WOMAN | Registered | 201189865 | 03-Nov-2011 | 201189865 | 05-Feb-2013 | 3 | |||||||||||
United Arab Emirates |
TO BE BEAUTIFUL IS THE BIRTHRIGHT OF EVERY WOMAN | Registered | 164855 | 09-Nov-2011 | 164855 | 29-Aug-2013 | 03 | |||||||||||
Yemen, Republic of |
TO BE BEAUTIFUL IS THE BIRTHRIGHT OF EVERY WOMAN | Registered | 56839 | 30-Oct-2011 | 56839 | 30-Oct-2011 | 3 | |||||||||||
Zambia |
TO BE BEAUTIFUL IS THE BIRTHRIGHT OF EVERY WOMAN | Registered | 10942011 | 07-Nov-2011 | 10942011 | 05-Dec-2013 | 3 | |||||||||||
Zanzibar |
TO BE BEAUTIFUL IS THE BIRTHRIGHT OF EVERY WOMAN | Registered | ZNT5372011 | 15-Nov-2011 | 5372011 | 15-Nov-2011 | 3 | |||||||||||
Zimbabwe |
TO BE BEAUTIFUL IS THE BIRTHRIGHT OF EVERY WOMAN | Registered | 13352011 | 09-Nov-2011 | 133411 | 31-Jul-2014 | 3 | |||||||||||
France |
TREAT YOURSELF TO A GOOD NIGHTS SLEEP (SLOGAN) | Registered | 3066473 | 23-Nov-2000 | 3,066,473 | 23-Nov-2000 | 3 | |||||||||||
Korea, Republic of |
TREAT YOURSELF TO A GOOD NIGHTS SLEEP (SLOGAN) | Registered | 524400 | 18-Sep-2000 | 40-2000-43627 | 04-Jul-2002 | 3 | |||||||||||
Sweden |
TREAT YOURSELF TO A GOOD NIGHTS SLEEP (SLOGAN) | Registered | 356764 | 04-Sep-2000 | 00-06507 | 05-Jul-2002 | 3 | |||||||||||
Antigua and Barbuda |
TRUE LOVE | Registered | 3749 | 23-Aug-1994 | 23-Aug-1994 | 48 | ||||||||||||
Aruba |
TRUE LOVE | Registered | 16698 | 07-Apr-1994 | 94,040,811 | 26-Apr-1994 | 3 | |||||||||||
Australia |
TRUE LOVE | Registered | 622412 | 11-Feb-1994 | 622412 | 07-Jun-1996 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Azerbaijan |
TRUE LOVE | Registered | 2014 0042 | 09-Aug-2012 | 20121183 | 14-Jan-2014 | 3 | |||||||||||
Bahamas |
TRUE LOVE | Registered | 16364 | 29-Mar-1994 | 29-Mar-1994 | 48 | ||||||||||||
Bahrain |
TRUE LOVE | Registered | 17813 | 03-Aug-1994 | 17813 | 03-Aug-1994 | 3 | |||||||||||
Benelux |
TRUE LOVE | Registered | 534849 | 27-Aug-1993 | 802382 | 27-Aug-1993 | 3 | |||||||||||
Bermuda |
TRUE LOVE | Registered | 26088 | 18-May-1994 | 3 | |||||||||||||
Bolivia |
TRUE LOVE | Registered | 60811-C | 25-Mar-1994 | 9400823 | 26-Mar-1996 | 3 | |||||||||||
Brazil |
TRUE LOVE | Registered | 817361243 | 12-Dec-1995 | 3 | |||||||||||||
Canada |
TRUE LOVE | Registered | 446965 | 20-Sep-1993 | 737,181 | 01-Sep-1995 | 3 | |||||||||||
Chile |
TRUE LOVE | Registered | 791681 | 244975 | 04-Apr-1997 | 3 | ||||||||||||
China (Peoples Republic) |
TRUE LOVE | Registered | 796089 | 31-Mar-1994 | 94,026,693 | 07-Dec-1995 | 3 | |||||||||||
Colombia |
TRUE LOVE | Registered | 230412 | 02-Sep-1993 | 93,406,067 | 27-Nov-2000 | 3 | |||||||||||
Costa Rica |
TRUE LOVE | Registered | 88674 | 27-Apr-1994 | 87986 | 23-Sep-1994 | 3 | |||||||||||
Curacao |
TRUE LOVE | Registered | 09616 | 31-Mar-2014 | VD400073 | 10-Jul-2014 | 03 Int. | |||||||||||
Denmark |
TRUE LOVE | Registered | VR199401709 | 7753/93 | 11-Mar-1994 | 3 | ||||||||||||
Ecuador |
TRUE LOVE | Registered | 4858 | 31-Mar-1994 | 46210 | 20-Aug-1998 | 3 | |||||||||||
El Salvador |
TRUE LOVE | Registered | 210/47 | 1323-94 | 23-Jan-1997 | 3 | ||||||||||||
Finland |
TRUE LOVE | Registered | 136224 | 5531/93 | 06-Feb-1995 | 3 | ||||||||||||
France |
TRUE LOVE | Registered | 93482442 | 03-Sep-1993 | 93/482442 | 03-Sep-1993 | 3 | |||||||||||
Germany |
TRUE LOVE | Registered | 2102625 | 22-Apr-1994 | |
U 9330/3 WZ |
|
02-Jan-1997 | 3 | |||||||||
Germany |
TRUE LOVE | Registered | 39656802 | 19-Jan-1994 | Z11660 | 28-Jun-1994 | 3, 9, 16, 28, 41 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Greece |
TRUE LOVE | Registered | 118302 | 22-Mar-1994 | 118302 | 17-Dec-1996 | 3 | |||||||||||
Guatemala |
TRUE LOVE | Registered | 102702 | 2705-94 | 30-Mar-2000 | 3 | ||||||||||||
Honduras |
TRUE LOVE | Registered | 62455 | 2721/94 | 07-Aug-1995 | 3 | ||||||||||||
Hong Kong |
TRUE LOVE | Registered | 199505769 | 01-Jul-1993 | 6717/93 | 01-Jul-1993 | 3 | |||||||||||
Iceland |
TRUE LOVE | Registered | 7761994 | 30-Mar-1994 | 334/94 | 26-Aug-1994 | 3 | |||||||||||
India |
TRUE LOVE | Registered | 625618 | 19-Apr-1994 | 625,618 | 19-Apr-1994 | 3 | |||||||||||
Indonesia |
TRUE LOVE | Registered | IDM000008862 | 03-Dec-1993 | D93 16132 | 15-Mar-1995 | 3 | |||||||||||
Ireland |
TRUE LOVE | Registered | 162293 | 21-Mar-1994 | 94/1784 | 21-Mar-1994 | 3 | |||||||||||
Italy |
TRUE LOVE | Registered | 0001043058 | 03-Sep-1993 | MI93C/06021 | 26-Apr-1996 | 3 | |||||||||||
Jamaica |
TRUE LOVE | Registered | 30204 | 3/3132 | 07-Apr-1994 | 3 | ||||||||||||
Kazakhstan |
TRUE LOVE | Registered | 42581 | 02-Aug-2012 | 59046 | 26-Dec-2013 | 3 | |||||||||||
Korea, Republic of |
TRUE LOVE | Registered | 40312009 | 93-31303 | 21-Apr-1995 | 12 | ||||||||||||
Korea, Republic of |
TRUE LOVE | Registered | 40312012 | 93-31304 | 21-Apr-1995 | 13 | ||||||||||||
Kuwait |
TRUE LOVE | Registered | 28261 | 20-Mar-1995 | 30451 | 20-Mar-1995 | 3 | |||||||||||
Malaysia |
TRUE LOVE | Registered | 9402976 | 18-Apr-1994 | 94/02976 | 18-Apr-1994 | 3 | |||||||||||
Malta |
TRUE LOVE | Registered | 23168 | 15-Apr-1994 | 15-Apr-1994 | 3 | ||||||||||||
Mexico |
TRUE LOVE | Registered | 448173 | 29-Sep-1993 | 179269 | 29-Sep-1993 | 3 | |||||||||||
Netherlands Antilles |
TRUE LOVE | Registered | 2699 | 31-Mar-1994 | D-8316 | 12-Mar-2004 | 3 | |||||||||||
Netherlands Antilles |
TRUE LOVE | Registered | 08174 | 31-Mar-2014 | ||||||||||||||
New Zealand |
TRUE LOVE | Registered | 228840 | 23-Jul-1993 | 228840 | 23-Jul-1993 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Nicaragua |
TRUE LOVE | Registered | 27498CC | 1994-001170 | 09-Jan-1995 | 3 | ||||||||||||
Norway |
TRUE LOVE | Registered | 168230 | 935,834 | 15-Jun-1995 | 3 | ||||||||||||
Oman |
TRUE LOVE | Registered | 9658 | 27-Mar-1994 | 9658 | 29-Jul-2001 | 3 | |||||||||||
Pakistan |
TRUE LOVE | Registered | 124552 | 05-Apr-1994 | 124552 | 05-Apr-1994 | 3 | |||||||||||
Panama |
TRUE LOVE | Registered | 72317 | 30-Jan-1996 | 3 | |||||||||||||
Paraguay |
TRUE LOVE | Registered | 277300 | 5605 | 29-Dec-1994 | 3 | ||||||||||||
Peru |
TRUE LOVE | Registered | 8587 | 239,635 | 11-Jul-1994 | 3 | ||||||||||||
Philippines |
TRUE LOVE | Registered | 42012502172 | 22-Aug-2012 | 4201200502172 | 06-Jun-2013 | 3 | |||||||||||
Saudi Arabia |
TRUE LOVE | Registered | 340/81 | 07-Jul-1993 | 21574 | 07-Jul-1993 | 3 | |||||||||||
Singapore |
TRUE LOVE | Registered | T9305964A | 03-Aug-1993 | S/5964/93 | 03-Aug-1993 | 3 | |||||||||||
St. Maarten |
TRUE LOVE | Registered | 08174 | 31-Mar-2014 | 14188 | 10-Jul-2014 | ||||||||||||
Sweden |
TRUE LOVE | Registered | 260266 | 29-Nov-1993 | 93-11250 | 12-Aug-1994 | 3 | |||||||||||
Taiwan |
TRUE LOVE | Registered | 631749 | 82032477 | 16-Feb-1994 | 5 | ||||||||||||
Taiwan |
TRUE LOVE | Registered | 629922 | 82032478 | 01-Feb-1994 | 6 | ||||||||||||
Taiwan |
TRUE LOVE | Registered | 631853 | 16-Feb-1994 | 7 | |||||||||||||
Thailand |
TRUE LOVE | Registered | KOR18013 | 05-Jul-1993 | 247,615 | 05-Jul-1993 | 3 | |||||||||||
Trinidad and Tobago |
TRUE LOVE | Registered | 22589 | 29-Mar-1994 | 29-Mar-1994 | 48 | ||||||||||||
United States of America |
TRUE LOVE | Registered | 1970280 | 18-Mar-1993 | 74/369,372 | 23-Apr-1996 | 3 | |||||||||||
Uruguay |
TRUE LOVE | Registered | 368358 | 09-Feb-1996 | 3 | |||||||||||||
Zanzibar |
TRUE LOVE | Pending | 24-Mar-1994 | 9894 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Australia |
TRUE LOVE (BOTTLE & LABEL) | Registered | 643850 | 24-Oct-1994 | 643850 | 24-Oct-1994 | 3 | |||||||||||
Benelux |
TRUE LOVE (BOTTLE & LABEL) | Registered | 0556493 | 12-Oct-1994 | 835278 | 12-Oct-1994 | 3 | |||||||||||
Brazil |
TRUE LOVE (BOTTLE & LABEL) | Registered | 818063050 | 20-Oct-1994 | 29-Oct-1996 | 3 | ||||||||||||
Colombia |
TRUE LOVE (BOTTLE & LABEL) | Registered | 238161 | 26-Oct-1994 | 94,048,867 | 29-Jun-2001 | 3 | |||||||||||
Denmark |
TRUE LOVE (BOTTLE & LABEL) | Registered | VR 1994 08635 | 7181/94 | 09-Dec-1994 | 3 | ||||||||||||
Finland |
TRUE LOVE (BOTTLE & LABEL) | Registered | 141620 | 199405153 | 20-Dec-1995 | 3 | ||||||||||||
Greece |
TRUE LOVE (BOTTLE & LABEL) | Registered | 121445 | 31-Oct-1994 | 121,445 | 18-Feb-1997 | 3 | |||||||||||
Indonesia |
TRUE LOVE (BOTTLE & LABEL) | Registered | IDM000020268 | 19-Oct-1994 | 19393/94 | 31-Jan-1996 | 3 | |||||||||||
Korea, Republic of |
TRUE LOVE (BOTTLE & LABEL) | Registered | 332577 | 94-42187 | 26-Jan-1996 | 12 | ||||||||||||
Korea, Republic of |
TRUE LOVE (BOTTLE & LABEL) | Registered | 332580 | 94-42188 | 26-Jan-1996 | 13 | ||||||||||||
Latvia |
TRUE LOVE (BOTTLE & LABEL) | Registered | M36430 | 25-Oct-1994 | M-94-2254 | 25-Oct-1994 | 3 | |||||||||||
Malaysia |
TRUE LOVE (BOTTLE & LABEL) | Registered | 9410999 | 25-Nov-1994 | 94/10999 | 25-Nov-1994 | 3 | |||||||||||
Mexico |
TRUE LOVE (BOTTLE & LABEL) | Registered | 528289 | 31-Oct-1994 | 216700 | 31-Oct-1994 | 3 | |||||||||||
Norway |
TRUE LOVE (BOTTLE & LABEL) | Registered | 177413 | 945,816 | 17-Oct-1996 | 3 | ||||||||||||
Peru |
TRUE LOVE (BOTTLE & LABEL) | Registered | 14190 | 253,707 | 23-Mar-1995 | 3 | ||||||||||||
Saudi Arabia |
TRUE LOVE (BOTTLE & LABEL) | Registered | 352/21 | 25-Oct-1994 | 26925 | 25-Sep-1995 | 3 | |||||||||||
Singapore |
TRUE LOVE (BOTTLE & LABEL) | Registered | T9409251J | 24-Oct-1994 | 9251/94 | 24-Oct-1994 | 3 | |||||||||||
Sweden |
TRUE LOVE (BOTTLE & LABEL) | Registered | 305187 | 18-Oct-1994 | 94-10491 | 13-Oct-1995 | 3 | |||||||||||
Thailand |
TRUE LOVE (BOTTLE & LABEL) | Registered | KOR37220 | 02-Nov-1994 | 274,980 | 02-Nov-1994 | 3 | |||||||||||
United Kingdom |
TRUE LOVE (BOTTLE & LABEL) | Registered | 1589302 | 31-Oct-1994 | 31-Oct-1994 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
New Zealand |
TRUE LOVE (DEVICE) | Registered | 242582 | 01-Nov-1994 | 242582 | 01-Nov-1994 | 3 | |||||||||||
Singapore |
TRUE LOVE (WORDS IN LOCAL SCRIPT) | Registered | T9504665B | 25-May-1995 | S4665/95 | 25-May-1995 | 3 | |||||||||||
Qatar |
TRUE LOVE (WORDS(LATIN/LOCAL SCRIPT)) | Registered | 11747 | 27-Mar-1994 | 11747 | 22-May-2001 | 3 | |||||||||||
Hong Kong |
TRUE LOVE (ZHEN AI) IN CHINESE CHARACTERS | Registered | 19991661 | 11-May-1995 | 5577/95 | 11-May-1995 | 3 | |||||||||||
United States of America |
TRUE LOVE AND BOTTLE DESIGN | Registered | 2,045,882 | 02-Apr-1996 | 75/08,796 | 18-Mar-1997 | 3 | |||||||||||
Canada |
TRUE LOVE ELIZABETH ARDEN AND DESIGN | Registered | TMA497690 | 31-Jul-1997 | 852521 | 23-Jul-1998 | ||||||||||||
United States of America |
TRUE LOVE ELIZABETH ARDEN AND DESIGN | Registered | 2,049,505 | 21-Sep-1994 | 74/576,344 | 01-Apr-1997 | 3 | |||||||||||
Argentina |
UNTOLD | Registered | 2643385 | 18-Jan-2013 | 3222386 | 25-Apr-2014 | 3 | |||||||||||
Australia |
UNTOLD | Registered | 1536305 | 17-Jan-2013 | 1536305 | 17-Jan-2013 | 3 | |||||||||||
Austria |
UNTOLD | Registered | 11497765 | 17-Jan-2013 | 011497765 | 17-Jan-2013 | 3, 5 | |||||||||||
Benelux |
UNTOLD | Registered | 11497765 | 17-Jan-2013 | 011497765 | 17-Jan-2013 | 3, 5 | |||||||||||
Brazil |
UNTOLD | Registered | 840396511 | 21-Jan-2013 | 840396511 | 24-Nov-2015 | 3 | |||||||||||
Bulgaria |
UNTOLD | Registered | 11497765 | 17-Jan-2013 | 011497765 | 17-Jan-2013 | 3, 5 | |||||||||||
Canada |
UNTOLD | Registered | TMA925667 | 17-Jan-2013 | 1610214 | 12-Jan-2016 | 3 | |||||||||||
Chile |
UNTOLD | Registered | 1031443 | 25-Jan-2013 | 1043399 | 29-Aug-2013 | 3 | |||||||||||
China (Peoples Republic) |
UNTOLD | Registered | 12059678 | 17-Jan-2013 | 12059678 | 07-Jul-2014 | 3 | |||||||||||
Colombia |
UNTOLD | Registered | 43218 | 17-Jan-2013 | 2013008550 | 26-Jun-2013 | 3 | |||||||||||
Costa Rica |
UNTOLD | Registered | 229.934 | 18-Jan-2013 | 2013-370 | 06-Sep-2013 | 3 | |||||||||||
Cyprus, Republic of |
UNTOLD | Registered | 11497765 | 17-Jan-2013 | 011497765 | 17-Jan-2013 | 3, 5 | |||||||||||
Czech Republic |
UNTOLD | Registered | 11497765 | 17-Jan-2013 | 011497765 | 17-Jan-2013 | 3, 5 | |||||||||||
Denmark |
UNTOLD | Registered | 11497765 | 17-Jan-2013 | 011497765 | 17-Jan-2013 | 3, 5 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Egypt |
UNTOLD | Published | 23-Jan-2013 | 284379 | 3 | |||||||||||||
Estonia |
UNTOLD | Registered | 11497765 | 17-Jan-2013 | 011497765 | 17-Jan-2013 | 3, 5 | |||||||||||
European Community |
UNTOLD | Registered | 11497765 | 17-Jan-2013 | 011497765 | 17-Jan-2013 | 3, 5 | |||||||||||
Finland |
UNTOLD | Registered | 11497765 | 17-Jan-2013 | 011497765 | 17-Jan-2013 | 3, 5 | |||||||||||
France |
UNTOLD | Registered | 11497765 | 17-Jan-2013 | 011497765 | 17-Jan-2013 | 3, 5 | |||||||||||
Germany |
UNTOLD | Registered | 11497765 | 17-Jan-2013 | 011497765 | 17-Jan-2013 | 3, 5 | |||||||||||
Greece |
UNTOLD | Registered | 11497765 | 17-Jan-2013 | 011497765 | 17-Jan-2013 | 3, 5 | |||||||||||
Hong Kong |
UNTOLD | Registered | 302498455 | 17-Jan-2013 | 302498455 | 21-May-2013 | 3 | |||||||||||
Hungary |
UNTOLD | Registered | 11497765 | 17-Jan-2013 | 011497765 | 17-Jan-2013 | 3, 5 | |||||||||||
India |
UNTOLD | Pending | 31-Jan-2013 | 2469896 | 3 | |||||||||||||
Indonesia |
UNTOLD | Pending | 22-Jan-2013 | D002013 002909 | 3 | |||||||||||||
Iraq |
UNTOLD | Pending | 22-Jan-2013 | 63775 | 3a, 3c | |||||||||||||
Ireland |
UNTOLD | Registered | 11497765 | 17-Jan-2013 | 011497765 | 17-Jan-2013 | 3, 5 | |||||||||||
Italy |
UNTOLD | Registered | 11497765 | 17-Jan-2013 | 011497765 | 17-Jan-2013 | 3, 5 | |||||||||||
Japan |
UNTOLD | Registered | 5617282 | 18-Jan-2013 | 2013002488 | 27-Sep-2013 | 3 | |||||||||||
Jordan |
UNTOLD | Registered | 127875 | 28-Feb-2013 | 127875 | 28-Feb-2013 | 3 | |||||||||||
Korea, Republic of |
UNTOLD | Registered | 401022273 | 17-Jan-2013 | 4020133304 | 12-Feb-2014 | 3 | |||||||||||
Kuwait |
UNTOLD | Registered | 117775 | 27-Jan-2013 | 136779 | 22-Jun-2014 | 3 | |||||||||||
Latvia |
UNTOLD | Registered | 11497765 | 17-Jan-2013 | 011497765 | 17-Jan-2013 | 3, 5 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Lebanon |
UNTOLD | Registered | 148334 | 27-Feb-2013 | 148335 | 27-Feb-2013 | 3 | |||||||||||
Lithuania |
UNTOLD | Registered | 11497765 | 17-Jan-2013 | 011497765 | 17-Jan-2013 | 3, 5 | |||||||||||
Malaysia |
UNTOLD | Registered | 2013001258 | 21-Jan-2013 | 2013001258 | 21-Jan-2013 | 03 Int. | |||||||||||
Malta |
UNTOLD | Registered | 11497765 | 17-Jan-2013 | 011497765 | 17-Jan-2013 | 3, 5 | |||||||||||
Mexico |
UNTOLD | Registered | 1360328 | 17-Jan-2012 | 1340331 | 10-Apr-2013 | 3 | |||||||||||
New Zealand |
UNTOLD | Registered | 971574 | 17-Jan-2013 | 971574 | 17-Jan-2013 | 3 | |||||||||||
Norway |
UNTOLD | Registered | 270411 | 18-Jan-2013 | 201301069 | 22-Apr-2013 | 3 | |||||||||||
Philippines |
UNTOLD | Registered | 42013000670 | 21-Jan-2013 | 4201300000670 | 29-Aug-2013 | ||||||||||||
Poland |
UNTOLD | Registered | 11497765 | 17-Jan-2013 | 011497765 | 17-Jan-2013 | 3, 5 | |||||||||||
Portugal |
UNTOLD | Registered | 11497765 | 17-Jan-2013 | 011497765 | 17-Jan-2013 | 3, 5 | |||||||||||
Qatar |
UNTOLD | Registered | 78935 | 20-Jan-2013 | 78935 | 01-Jul-2015 | 3 | |||||||||||
Romania |
UNTOLD | Registered | 11497765 | 17-Jan-2013 | 011497765 | 17-Jan-2013 | 3, 5 | |||||||||||
Russian Federation |
UNTOLD | Registered | 513101 | 21-Jan-2013 | 2013701514 | 14-May-2014 | ||||||||||||
Saudi Arabia |
UNTOLD | Registered | 143403284 | 23-Jan-2013 | 191286 | 22-Jan-2014 | 3 | |||||||||||
Singapore |
UNTOLD | Registered | T1300962F | 17-Jan-2013 | T1300962F | 07-Jun-2013 | 3 | |||||||||||
Slovakia |
UNTOLD | Registered | 11497765 | 17-Jan-2013 | 011497765 | 17-Jan-2013 | 3, 5 | |||||||||||
Slovenia |
UNTOLD | Registered | 11497765 | 17-Jan-2013 | 011497765 | 17-Jan-2013 | 3, 5 | |||||||||||
South Africa |
UNTOLD | Registered | 201301136 | 18-Jan-2013 | 201301136 | 27-Jun-2014 | 3 | |||||||||||
Spain |
UNTOLD | Registered | 11497765 | 17-Jan-2013 | 011497765 | 17-Jan-2013 | 3, 5 | |||||||||||
Sri Lanka |
UNTOLD | Pending | 18-Jan-2013 | 177368 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Sweden |
UNTOLD | Registered | 11497765 | 17-Jan-2013 | 011497765 | 17-Jan-2013 | 3, 5 | |||||||||||
Taiwan |
UNTOLD | Registered | 1590473 | 17-Jan-2013 | 102003229 | 01-Aug-2013 | 3 | |||||||||||
Thailand |
UNTOLD | Registered | KOR393262 | 18-Jan-2013 | 878416 | 10-Mar-2015 | 3 | |||||||||||
United Arab Emirates |
UNTOLD | Registered | 185846 | 29-Jan-2013 | 185846 | 13-Jan-2016 | 3 | |||||||||||
United Kingdom |
UNTOLD | Registered | 11497765 | 17-Jan-2013 | 011497765 | 17-Jan-2013 | 3, 5 | |||||||||||
United States of America |
UNTOLD | Registered | 4503297 | 16-Jan-2013 | 85/980999 | 25-Mar-2014 | 3 | |||||||||||
United States of America |
UNTOLD | Registered | 4786240 | 16-Jan-2013 | 85/824296 | 04-Aug-2015 | 3 | |||||||||||
Venezuela |
UNTOLD | Registered | P336048 | 29-Jan-2013 | 15822013 | 28-Dec-2013 | ||||||||||||
Vietnam |
UNTOLD | Registered | 223653 | 24-Jan-2013 | 4201301836 | 28-Apr-2014 | 3 | |||||||||||
South Africa |
VELVA | Registered | 005/33 | 04-Jan-1933 | 04-Jan-1933 | 3 | ||||||||||||
United States of America |
VELVA | Registered | 136,514 | 24-Jun-1918 | 71/111,775 | 02-Nov-1920 | 3 | |||||||||||
Japan |
VELVA (STYLIZED) II | Registered | 233,757 | 13-Jul-1927 | 11366 | 14-Apr-1932 | 4 | |||||||||||
Japan |
VELVA IN KATAKANA | Registered | 2,489,476 | 03-Mar-1989 | 23320/89 | 25-Dec-1992 | 3, 30 | |||||||||||
Israel |
VELVA MOISTURE CREAM | Registered | 20725 | 10-Apr-1962 | 08-May-1964 | 3 | ||||||||||||
Taiwan |
VELVA MOISTURE FILM | Registered | 470851 | 78-24229 | 01-Jan-2000 | 6 | ||||||||||||
United States of America |
VELVA MOISTURE FILM | Registered | 952,832 | 16-Aug-1971 | 72/400,262 | 06-Feb-1973 | 3 | |||||||||||
Algeria |
VISIBLE DIFFERENCE | Registered | 87001 | 03-Oct-2013 | DZT2013003696 | 03-Oct-2013 | 03 Int. | |||||||||||
Argentina |
VISIBLE DIFFERENCE | Registered | 1971495 | 1484970 | 24-Feb-2004 | 3 | ||||||||||||
Aruba |
VISIBLE DIFFERENCE | Registered | 31625 | 22-Nov-2013 | 31625 | 07-Jan-2014 | 03 Int. | |||||||||||
Aruba |
VISIBLE DIFFERENCE | Pending | 22-Nov-2013 | IM13112224 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Australia |
VISIBLE DIFFERENCE | Registered | 297580 | 07-Jun-1976 | 297580 | 07-Jun-1976 | 3 | |||||||||||
Bahrain |
VISIBLE DIFFERENCE | Pending | 23-Mar-2014 | 102800 | 03 Int. | |||||||||||||
Bangladesh |
VISIBLE DIFFERENCE | Pending | 17-Nov-2013 | 169870 | 03 Int. | |||||||||||||
Benelux |
VISIBLE DIFFERENCE | Registered | 326483 | 29-May-1974 | 34329 | 29-May-1974 | 3 | |||||||||||
Brazil |
VISIBLE DIFFERENCE | Registered | 007223498 | 03-Sep-1979 | 816909377 | 10-Oct-2000 | 3 | |||||||||||
Brazil |
VISIBLE DIFFERENCE | Registered | 816909377 | 15-Oct-1992 | 816909377 | 21-Jan-2014 | 3 | |||||||||||
Canada |
VISIBLE DIFFERENCE | Registered | 240690 | 26-Feb-1979 | 436223 | 07-Mar-1980 | ||||||||||||
China (Peoples Republic) |
VISIBLE DIFFERENCE | Registered | 267084 | 30-Oct-1986 | 3 | |||||||||||||
Colombia |
VISIBLE DIFFERENCE | Registered | 87,802 | 13-Apr-1976 | 3 | |||||||||||||
Costa Rica |
VISIBLE DIFFERENCE | Registered | 50744 | 31-May-1977 | 3 | |||||||||||||
Denmark |
VISIBLE DIFFERENCE | Registered | VR19833472 | 15-Nov-1982 | 5127/1982 | 30-Sep-1983 | 3 | |||||||||||
Egypt |
VISIBLE DIFFERENCE | Registered | 54788 | 07-Aug-1978 | 10-Dec-1979 | 3 | ||||||||||||
El Salvador |
VISIBLE DIFFERENCE | Registered | 11/29 | 25-Feb-1977 | 127 | |||||||||||||
France |
VISIBLE DIFFERENCE | Registered | 1289883 | 16-Nov-1984 | 721379 | 16-Nov-1984 | 3 | |||||||||||
Gaza District |
VISIBLE DIFFERENCE | Registered | 17993 | 15-Sep-2013 | 17993 | 18-Mar-2015 | ||||||||||||
Greece |
VISIBLE DIFFERENCE | Registered | 65,308 | 20-Dec-1979 | 65,308 | 18-Jan-1982 | 3 | |||||||||||
Guatemala |
VISIBLE DIFFERENCE | Registered | 32707 | 29-Jul-1977 | 3 | |||||||||||||
Honduras |
VISIBLE DIFFERENCE | Registered | 25650 | 27-Nov-1978 | 3 | |||||||||||||
India |
VISIBLE DIFFERENCE | Registered | 414362 | 13-Dec-1983 | 13-Dec-1983 | 3 | ||||||||||||
Italy |
VISIBLE DIFFERENCE | Registered | 1602253 | 14-May-1974 | 34062 C/74 | 14-May-1974 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Japan |
VISIBLE DIFFERENCE | Registered | 1270964 | 13-May-1974 | 61968/74 | 23-May-1977 | 4 | |||||||||||
Jordan |
VISIBLE DIFFERENCE | Registered | 130292 | 13-Aug-2013 | 130292 | 13-Aug-2013 | ||||||||||||
Lebanon |
VISIBLE DIFFERENCE | Instructed | 153012 | 22-Aug-2013 | 7657 | 03-Sep-2013 | ||||||||||||
Mexico |
VISIBLE DIFFERENCE | Registered | 185058 | 04-Jun-1974 | 04-Jun-1974 | 3 | ||||||||||||
Monaco |
VISIBLE DIFFERENCE | Registered | 1430245 | 05-Dec-2013 | 030245 | 04-Mar-2014 | 3, 44 | |||||||||||
Nicaragua |
VISIBLE DIFFERENCE | Registered | 6,813 C.C. | 20-Aug-1977 | 3 | |||||||||||||
Norway |
VISIBLE DIFFERENCE | Registered | 278432 | 11-Dec-2013 | 201314971 | 21-Oct-2014 | 03 Int. | |||||||||||
Panama |
VISIBLE DIFFERENCE | Registered | 76988 | 18-Oct-1996 | 3 | |||||||||||||
Papua New Guinea |
VISIBLE DIFFERENCE | Registered | B50978 | (3) | 08-May-1980 | 08-May-1980 | 3 | |||||||||||
Paraguay |
VISIBLE DIFFERENCE | Registered | 407190 | 20055 | 24-Oct-1994 | 3 | ||||||||||||
Peru |
VISIBLE DIFFERENCE | Registered | 55905 | 27-Dec-1984 | 3 | |||||||||||||
Philippines |
VISIBLE DIFFERENCE | Registered | 4201200501951 | 27-Jul-2012 | 4201200501951 | 06-Jun-2013 | 3 | |||||||||||
Portugal |
VISIBLE DIFFERENCE | Registered | 217517 | 29-May-1989 | 3 | |||||||||||||
Russian Federation |
VISIBLE DIFFERENCE | Registered | 150237 | 03-Nov-1995 | 95712578 | 03-Nov-1995 | 3 | |||||||||||
Saudi Arabia |
VISIBLE DIFFERENCE | Registered | 1435000694 94 | 17-Nov-2013 | 1435000694 | 17-Jul-2014 | 03 Int. | |||||||||||
South Africa |
VISIBLE DIFFERENCE | Registered | 74/2304 | 08-Apr-1974 | 08-May-1974 | 3 | ||||||||||||
Switzerland |
VISIBLE DIFFERENCE | Registered | 664381 | 05-Dec-2013 | 646162013 | 10-Feb-2014 | ||||||||||||
Taiwan |
VISIBLE DIFFERENCE | Registered | 727375 | 84048762 | 16-Sep-1996 | 3 | ||||||||||||
Thailand |
VISIBLE DIFFERENCE | Registered | KOR105425 | 26-Apr-1989 | 385,583 | 26-Apr-1989 | 3 | |||||||||||
United Kingdom |
VISIBLE DIFFERENCE | Registered | B 1,122,862 | 23-Oct-1979 | 23-Oct-1979 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
United States of America |
VISIBLE DIFFERENCE | Registered | 1,201,722 | 24-Aug-1981 | 73/325,158 | 20-Jul-1982 | 3 | |||||||||||
Uruguay |
VISIBLE DIFFERENCE | Registered | 281881 | 31-Jul-1975 | 3 | |||||||||||||
Taiwan |
VISIBLE DIFFERENCE IN CHINESE CHARACTERS | Registered | 953752 | 89,023,951 | 15-Aug-2001 | 3 | ||||||||||||
Japan |
VISIBLE DIFFERENCE IN KATAKANA | Registered | 2,413,878 | 03-Mar-1989 | 23325/89 | 29-May-1992 | 4 | |||||||||||
Spain |
VISIBLE DIFFERENCE LIP-FIX | Registered | 1063841 | 15-Mar-1984 | 05-Sep-1985 | 3 | ||||||||||||
Canada |
VISIBLE DIFFERENCE PORE-FIX C |
Registered | TMA517297 | 21-Aug-1998 | 888,028 | 29-Sep-1999 | ||||||||||||
Algeria |
WHITE DIAMONDS | Registered | 88340 | 08-Mar-2012 | 120845 | 24-Mar-2015 | 3 | |||||||||||
Australia |
WHITE SHOULDERS | Registered | 245507 | 15-Jan-1971 | 245507 | 15-Jan-1971 | 3 | |||||||||||
Austria |
WHITE SHOULDERS | Registered | 33530 | 02-Jul-1955 | |
AM 1290/55 |
|
06-Dec-1955 | 3 | |||||||||
Benelux |
WHITE SHOULDERS | Registered | 102356 | 29-Dec-1971 | 27105 | 29-Dec-1971 | 3 | |||||||||||
Bolivia |
WHITE SHOULDERS | Registered | 78224 | 25-Jul-2000 | 3 | |||||||||||||
Canada |
WHITE SHOULDERS | Registered | 21493 | 07-Jun-1945 | 187164 | 07-Jun-1945 | ||||||||||||
China (Peoples Republic) |
WHITE SHOULDERS | Registered | 490623 | 78-51176 | 15-Aug-2000 | 6 | ||||||||||||
China (Peoples Republic) |
WHITE SHOULDERS | Registered | 493983 | 78-51177 | 15-Aug-2000 | 7 | ||||||||||||
Costa Rica |
WHITE SHOULDERS | Registered | 72811 | 69029 | 10-Aug-1990 | 3 | ||||||||||||
Cuba |
WHITE SHOULDERS | Registered | 111356 | 217875 | 25-May-1981 | 3 | ||||||||||||
Dominican Republic |
WHITE SHOULDERS | Registered | 44296 | 16-Feb-1988 | 50 | |||||||||||||
Ecuador |
WHITE SHOULDERS | Registered | 5333-90 | 17345 | 16-Dec-1990 | 3 | ||||||||||||
El Salvador |
WHITE SHOULDERS | Registered | 63 BK 6 | 17-Jan-1992 | 3 | |||||||||||||
Fiji |
WHITE SHOULDERS | Registered | 22249 | 07-Apr-1977 | 11161 | 07-Apr-1991 | 48 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
France |
WHITE SHOULDERS | Registered | 1304602 | 14-Aug-1945 | 50636 | 03-Apr-1995 | 3 | |||||||||||
Guatemala |
WHITE SHOULDERS | Registered | 107373 | 23-Nov-1989 | 1989-06002 | 16-Jan-2001 | 3 | |||||||||||
Hong Kong |
WHITE SHOULDERS | Registered | 1988B3102 | 09-Jan-1987 | 157/1987 | 09-Jan-1994 | 3 | |||||||||||
Iran (Islamic Republic of) |
WHITE SHOULDERS | Registered | 46871 | 05-Apr-1977 | 68762 | 11-Jun-1977 | 3 | |||||||||||
Italy |
WHITE SHOULDERS | Registered | 0001128460 | 22-Jan-1985 | 10049 C/85 | 22-Jan-1985 | 3 | |||||||||||
Italy |
WHITE SHOULDERS | Registered | 0001133533 | 07-Jun-1955 | 2597 | 07-Jun-1955 | 3 | |||||||||||
Nicaragua |
WHITE SHOULDERS | Registered | 19732 C.C | 12-Dec-1990 | 3 | |||||||||||||
Panama |
WHITE SHOULDERS | Registered | 60686 | 11-Jan-1994 | 3 | |||||||||||||
Paraguay |
WHITE SHOULDERS | Registered | 225006 | 9862 | 20-Feb-1990 | 3 | ||||||||||||
Puerto Rico |
WHITE SHOULDERS | Registered | 19368 | 28-Jan-1975 | 19638 | 28-Jan-1975 | 6 | |||||||||||
Singapore |
WHITE SHOULDERS | Registered | B-71072 | 05-Apr-1977 | S/71072 | 05-Apr-1977 | 3 | |||||||||||
South Africa |
WHITE SHOULDERS | Registered | 461839 | 02-Jul-1946 | 02-Jul-2004 | 3 | ||||||||||||
Sweden |
WHITE SHOULDERS | Registered | 79521 | 06-Jun-1955 | 23-Dec-1955 | 3 | ||||||||||||
Switzerland |
WHITE SHOULDERS | Registered | 282104 | 06-Jun-1995 | 3, 8, 21 | |||||||||||||
United Kingdom |
WHITE SHOULDERS | Registered | B 637,974 | 15-Jun-1945 | 15-Jun-1945 | 3 | ||||||||||||
United States of America |
WHITE SHOULDERS | Registered | 0402138 | 02-Mar-1943 | 71/458,871 | 29-Jun-1943 | 3 | |||||||||||
Uruguay |
WHITE SHOULDERS | Registered | 322731 | 20-Jun-2000 | 20-Jun-2000 | 3 | ||||||||||||
United States of America |
WHITE SHOULDERS (STYLIZED) II |
Registered | 1366234 | 26-Apr-1985 | 73/534,992 | 22-Oct-1985 | 3 | |||||||||||
United States of America |
WHITE SHOULDERS AND DESIGN | Registered | 1,130,646 | 10-Aug-1978 | 73/181,733 | 12-Feb-1980 | 3 | |||||||||||
Japan |
WHITE SHOULDERS IN KATAKANA | Registered | 1271929 | 10-Apr-1974 | 46680/74 | 23-May-1977 | 3 |
FD MANAGEMENT, INC.
CountryName | TrademarkName | TrademarkStatus | RegNumber | FilDate | AppNumber | RegDate | Class | |||||||||||
Japan |
WHITE SHOULDERS L.V.L. (WORDS & LETTERS) | Registered | 2047055 | 30-Aug-1984 | 94398/84 | 26-May-1988 | 4 | |||||||||||
United Kingdom |
WHITE SHOULDERS L.V.L. (WORDS & LETTERS) | Registered | 1301090 | 16-Feb-1987 | 16-Feb-1987 | 3 | ||||||||||||
United States of America |
WHITE SHOULDERS Stylized | Registered | 1366234 | 26-Apr-1985 | 73/534992 | 22-Oct-1985 | ||||||||||||
Japan |
WILLIAMS AQUA IN KATAKANA | Registered | 2491843 | 03-Mar-1989 | 23328/89 | 25-Dec-1992 | 4 | |||||||||||
United Kingdom |
WOMANS HEAD (DEVICE) | Registered | 652,533 | 14-Oct-1946 | 652,533 | 14-Oct-1946 | 3 | |||||||||||
United Kingdom |
WOMANS HEAD (DEVICE) | Registered | 669188 | 05-May-1948 | 05-May-1948 | 21 | ||||||||||||
Norway |
WONDERSTRUCK | Registered | 267512 | 27-Jun-2012 | 201206404 | 04-Oct-2012 | 3 |
Country |
Convention |
Registered Owner |
Effective |
Class(es) |
Goods and Services |
Status |
Application Date |
Application |
Registration Date |
Registration | ||||||||||
Andorra | National Trademark | Giorgio | 3,14,18,25 | Class 3 : Perfume, toiletries; toiletry cosmetics, namely perfume, toiletry and soap preparations for men and women; after-shave lotion and after-shave balm, body moisturiser and body cream; perfumed soaps and gel, and dusting powder. class 12 : Luggage carts (non motorised) class 14 : Horological instruments such as watches; and fine and costume jewellery such as jewellery chains, necklaces, earrings, rings, bracelets, anklets charms, and pendants. Class 18 : Travel bags, namely, beach bags, athletic bags, tote bags, carry-on luggage, bags for travel accessories, shoe bags for travel, trunks for travel. class 25 : Womens wearing apparel, namely,dresses for evening and casual wear, skirts, pants, suits, pansuits, blouses, shirts, ties, scarves, handkerchiefs, hats, lingerie, shoes, boots, jackets including leather and suede jackets and fur jackets, coats including leather and suede coats, shawls, wraps, capes, feather boas, sweaters, gloves, maternity wear, robes and swimsuits; and mens wearing apparel namely, suits, sport coats, slacks, jackets, raincoats, topcoats, robes, sweaters, shirts, shoes, boots, ties, scarves, hosiery, hats, belts, and gloves. |
Registered | 5-Dec-1997 | 8931 | 5-Dec-1997 | 10122 | |||||||||||
Argentina | National Trademark | Giorgio | 3 | Perfumery, essential oils, cosmetics, toiletries including toilet soaps, scalp lotions; dentifrices; paper nail files; false nails; antiperspirants, deodorants. | Registered | 29-May-1995 | 2648824 | 16-Feb-1996 | 2112926 | |||||||||||
Argentina | National Trademark | Giorgio | 3 | Class 3 : Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. |
Registered | 19-Nov-1985 | 2705164 | 12-May-1986 | 2166189 | |||||||||||
Argentina | National Trademark | Giorgio | 3 | Class 3 : Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. |
Registered | 4-Dec-1990 | 1781272 | 9-Nov-1998 | 2331054 | |||||||||||
Argentina | National Trademark | Giorgio | 25 | Clothing, footwear, headgear. | Registered | 27-Jan-2010 | 2974723 | 12-Nov-2010 | 2406782 | |||||||||||
Armenia | National Trademark | Giorgio | 3 | Perfume, toiletry and soap preparations for men and women , namely, cologne, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 3-May-1996 | 1698 | 11-Jun-1997 | 1772 |
Country |
Convention |
Registered Owner |
Effective |
Class(es) |
Goods and Services |
Status |
Application Date |
Application |
Registration Date |
Registration | ||||||||||
Armenia | National Trademark | Giorgio | 3 | Perfume, toiletry and soap preparations for men and women, namely, cologne, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 3-May-1996 | 1697 | 11-Jun-1997 | 1771 | |||||||||||
Armenia | National Trademark | Giorgio | 3 | Perfumes, toilet preparations and soaps for men and women, namely, eau de colognes, after shave lotions and after shave balms, body moisturizer and body cream, perfumed soaps and gels, and dusting powder. | Registered | 20-May-1996 | 2090 | 30-May-1997 | 1330 | |||||||||||
Australia | National Trademark | Giorgio | 3, 18 | Class 3:Perfumes & perfumery; essential oils; cosmetics & hair lotions cologne; skin care products of all types as are included in this class aftershave lotion/balm, body moisturizer/cream; soaps & gels of all types as are included in this class; dusting powder; perfumed dry oil mist; body talc and body shampoo; shampoos as are included in this class; deodorants for personal use, including deodorant soap; anti-perspirants (toiletries). Class 18: Bags of all types as are included in this class: travel & travelling bags, beach bags, athletic bags, tote bags, bags for camper bags for climbers, bags for packaging, backpacks, carry-on-luggage, carry bags, clutch bags, overnight luggage, bags for travel accessorie shoe bags for travel, trunks for travel, trunks of all types, perfume & cosmetic bags & sachets; & parts of an accessories for such goods as are included in this class. |
Registered | 8-Jun-1996 | 714501 | 6-Aug-1996 | 714501 | |||||||||||
Australia | National Trademark | Giorgio | 3 | Perfume. | Registered | 13-Aug-1985 | 431594 | 13-Aug-1985 | B431594 | |||||||||||
Australia | National Trademark | Giorgio | 25 | Clothing, incl. boots, shoes & slippers; & all other goods in this class; clothing accessories in this class. | Registered | 15-Aug-1985 | 431713 | 15-Aug-1985 | B431713 | |||||||||||
Australia | National Trademark | Giorgio | 3 | Bleaching preps & other subs for laundry use; cleaning, polishing, scouring & abrasive preps; soap; perfumery, essential oils, cosmetics hair lotions; dentifrices; eau de toilette, toilet water, & cologne. | Registered | 1-Sep-1989 | 518253 | 1-Sep-1989 | B518253 | |||||||||||
Australia | National Trademark | Giorgio | 3 | Perfumery, cosmetics & soaps in this class; toiletry & soap preps for men & women, namely, perfume, cologne, after shave lotion & after shave balm, body moisturizer & body cream, perfumed soap & gel & dusting powder. | Registered | 28-Jul-1986 | 449243 | 28-Jul-1986 | B449243 | |||||||||||
Australia | National Trademark | Giorgio | 3 | Toilet soaps, perfumery, essential oils, cosmetics, toiletries, preparations for the cleaning, care and beautification of the skins, scalp and hair, deodorants for personal use. | Registered | 27-Sep-1999 | 808440 | 27-Sep-1999 | 808440 |
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Australia | National Trademark | Giorgio | 3 | Soaps, perfumes, essential oils, cosmetics, hair lotions, dentifrices, all other Class 3 goods | Registered | 14-Oct-1988 | 497366 | 14-Oct-1988 | B497366 | |||||||||||
Australia | National Trademark | Giorgio | 25 | Clothing, incl. boots, shoes & slippers; & all other goods in this class; clothing accessories in this class. | Registered | 16-Dec-1988 | 501639 | 16-Dec-1988 | A501639 | |||||||||||
Australia | National Trademark | Giorgio | 3 | Toilet soaps, perfumery, essential oils, cosmetics, toiletries, preparations for the cleaning, care and beautification of the skin, scalp and hair, deodorants for personal use | Registered | 3-Feb-2000 | 822267 | 1-Feb-2000 | 822267 | |||||||||||
Australia | National Trademark | Giorgio | 14 | Horological instruments including watches; fine and costume jewelry including jewelry chains, necklaces, earrings, rings, bracelets, anklets, charms, and pendants; and all other goods in this class. | Registered | 20-Oct-1993 | 614248 | 20-Oct-1993 | A614248 | |||||||||||
Australia | National Trademark | Giorgio | 14 | Watches | Registered | 7-Jan-1994 | 619885 | 7-Jan-1994 | 619885 | |||||||||||
Australia | National Trademark | Giorgio | 3 | Cosmetics, toiletries & fragrances. | Registered | 7-Apr-1983 | 446023 | 7-Apr-1983 | B446023 | |||||||||||
Australia | National Trademark | Giorgio | 3 | Cosmetics, toiletries & fragrances. | Registered | 7-Apr-1983 | 389654 | 7-Apr-1983 | B389654 | |||||||||||
Australia | National Trademark | Giorgio | 3 | Perfume and perfumery; cologne; cosmetics and skin care products of all types for men and women (males and females), including after shave lotion and after shave balm, body moisturizer and body cream, soaps of all types including perfumed soap and gel, dusting powder, perfumed dry oil mist, body talc, talcum powder for toilet use, antiperspirants of all types including antiperspirant soap and body shampoo, deodorants for personal use including deodorant soap; essential oils and lotions of all types; hair lotions and other hair products as are included in this class | Registered | 22-Nov-1995 | 678792 | 22-Nov-1995 | 678792 | |||||||||||
Austria | National Trademark | Giorgio | 25 | Womens wearing apparel, in particular dresses for evening and casual wear, skirts, pants, suits, pansuits, blouses, shirts, ties, scarves, handkerchiefs, hats, lingerie, shoes, boots, jackets including leather and fur jackets, coats including leather and fur coats, shawls, wraps, capes, feather boas, sweaters, gloves, maternity wear, robes, swimsuits; mens wearing apparel, in particular, suits, sport coats, slacks, jackets, raincoats, topcoats, robes, sweaters, shirts, shoes, boots, ties, scarves, hosiery, hats, belts, gloves. | Registered | 4-Nov-1985 | AM3499/85 | 9-Dec-1985 | 111083 |
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Austria | National Trademark | Giorgio | 25 | Womens wearing apparel, in particular dresses for evening and casual wear, skirts, pants, suits, pantsuits, blouses, shirts, ties, scarves, handkerchiefs, hats, lingerie, shoes, boots, jackets including leather and fur jackets, coats including leather boas, sweaters, gloves, maternity wear, robes, swimsuits; mens wearing apparel, in particular suits, sport coats, slacks, jackets, raincoats, topcoats, robes, sweaters, shirts, shoes, boots, ties, scarves, hosiery, hats, belts, gloves. | Registered | 4-Nov-1985 | AM3498/85 | 9-Dec-1985 | 111082 | |||||||||||
Austria | National Trademark | Giorgio | 3 | Perfumeries, preparations for body and beauty care. | Registered | 4-Aug-1986 | 113439 | |||||||||||||
Austria | National Trademark | Giorgio | 3 | Soaps; perfumery, in particular perfumes, eau de cologne; after shave lotion, creams and balms; cosmetics; body moisturizers and body creams, gels, body and face dusting powder, hair lotions. | Registered | 22-Aug-1986 | AM2690/86 | 15-Oct-1986 | 114259 | |||||||||||
Austria | National Trademark | Giorgio | 3 | Soaps; perfumery, in particular perfumes, eau de cologne; after shave lotion, creams and balms; cometics; body moisturizers and body creams, gels, body and face dusting powder, hair lotions. | Registered | 29-Aug-1986 | AM2791/86 | 15-Oct-1986 | 114260 | |||||||||||
Austria | National Trademark | Giorgio | 3 | Washing and bleaching preparations; cleaning, polishing, scouring and abrasive preparations; soaps; perfumeries, essential oils, preparations for body and beauty care, hair lotions, dentifrices. | Registered | 18-Aug-1988 | AM3711/88 | 31-Mar-1989 | 124654 | |||||||||||
Austria | National Trademark | Giorgio | 14 | Jewellery and costume jewellery, in particular chains, necklaces, earrings, rings, bracelets, anklets, charms, pendants for bracelets and necklaces, precious stones; horological and chronometric instruments; precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes. | Registered | 8-Nov-1993 | AM5225/93 | 14-Dec-1993 | 150374 | |||||||||||
Austria | National Trademark | Giorgio | 3 | Cosmetics and toiletries for men and women, namely perfumes, colognes, skin lotions, creams and moisturizers, bath and shower gels, dusting powders, perfumed soap, after shave lotion and after shave balm. | Registered | 13-Nov-1984 | AM3498/84 | 8-May-1985 | 109068 | |||||||||||
Bahamas | National Trademark | Giorgio | 14 | Horological instruments such as watches; and fine and costume jewelry such as jewelry chains, necklaces, earrings, rings, bracelets, anklet charms, and pendants. | Registered | 10-Apr-1992 | 15232 | 10-Apr-1992 | 15232 | |||||||||||
Bahamas | National Trademark | Giorgio | Toiletry and soap preparations for men and women, namely cologne after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel and dusting powder and articles of clothing. | Registered | 17-Jun-1993 | 15838 | 17-Jun-1993 | 15838 |
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Bahamas | National Trademark | Giorgio | Clothing for men, women, & children, namely, shirts, jackets,sweaters, pants, footwear, belts, t-shirts, socks, coordinated shirts, jackets, slacks, tennis shoes, sweat shirts, jerseys, shorts, jogging suits, sweat pants, hats/caps, scarves, gloves, hosiery, neckties, rainwear, pajamas, robes, night shirts, thermal underwear, headbands, and wristbands; perfume, cologne; toiletry cosmetics, soap preps for men, women, namely, after shave lotion, after shave balm, moisturizing body talc, body shampoo, body cream, perfumed soap and gel, dusting powder; deodorant and antiperspirants; and suntan lotion. | Registered | 17-Jun-1993 | N/A | 17-Jun-1993 | 15837 | ||||||||||||
Bahamas | National Trademark | Giorgio | Clothing for men, women, & children, namely, shirts, jackets, sweaters pants, footwear, belts, t-shirts, socks, coordinated shirts, jackets and slacks, tennis shoes, sweat shirts, jerseys, shorts,jogging suits, sweat pants, hats/caps, scarves, gloves, hosiery, neckties, rainwear, pajamas, robes, night shirts, thermal underwear, headbands, and wristbands; perfume & cologne; toiletry cosmetics & soap preps for men women, namely, after shave lotion & after shave balm,body moisturizer, body talc, body shampoo, & body cream, perfumed soap & gel, & dusting powder; deodorants and antiperspirants; and suntan lotion. | Registered | 17-Jun-1993 | 15839 | 17-Jun-1993 | 15839 | ||||||||||||
Bahamas | National Trademark | Giorgio | Perfume and cologne; toiletry cosmetics and soap preparations for men and women, namely, after shave lotion and after shave balm, body moisturizer, body talc, body shampoo, and body cream, perfumed soap and gel, and dusting powder, deodorant and antiperspirant and suntan lotion. | Registered | 17-Jun-1993 | N/A | 17-Jun-1994 | 15840 | ||||||||||||
Bahamas | National Trademark | Giorgio | 18 | Travel bags, namely, beach bags, athletic bags, tote bags, carry-on luggage, clutch bags, overnight luggage, bags for travel accessories, shoe bags for travel, trunks for travel, and luggage carts (non-motorized)-Goods not included in the foregoing classes. | Registered | 16-Aug-1994 | N/A | 16-Aug-1994 | 16686 | |||||||||||
Bahamas | National Trademark | Giorgio | 18 | Leather skins unwrought, and wrought, and articles made of leather not included in other classes. | Registered | 16-Aug-1994 | N/A | 16-Aug-1994 | 16684 | |||||||||||
Bahamas | National Trademark | Giorgio | 18 | Travel bags, namely, beach bags, athletic bags, tote bags, carry-on luggage, clutch bags, overnight luggage, bags for travel accessories, shoe bags for travel, trunks for travel, and luggage carts (non-motorized). Goods not included in the foregoing classes. | Registered | 16-Aug-1994 | 16689 | 16-Aug-1994 | 16689 | |||||||||||
Bahamas | National Trademark | Giorgio | 18 | Leather, skins unwrought and wrought, and articles made of leather, not included in other classes. | Registered | 16-Aug-1994 | N/A | 16-Aug-1994 | 16688 |
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Bahamas | National Trademark | Giorgio | 18 | Travel bags, namely, beach bags, athletic bags, tote bags, carry-on luggage, clutch bags, overnight luggage, bags for travel accessories, shoe bags for travel, trunks for travel, and luggage carts (non-motorized). Goods not included in the foregoing classes. | Registered | 24-Aug-1994 | 16685 | 16-Aug-1994 | 16685 | |||||||||||
Bahamas | National Trademark | Giorgio | 18 | Leather skins unwrought, and wrought, and articles made of leather not included in other classes. | Registered | 16-Aug-1994 | 16687 | 16-Aug-1994 | 16687 | |||||||||||
Bahrain | National Trademark | Giorgio | 3 | Toilet soaps, perfumery, essential oils, cosmetics, toiletries, preparations for the cleaning, care and beautification of the skin scalp and hair, deodorants for personal use. | Registered | 22-Nov-1999 | 1972/99 | 22-Nov-1999 | 26546 | |||||||||||
Bahrain | National Trademark | Giorgio | 14 | Horological instruments such as watches, & fine & costume jewelry such as jewelry chains, necklaces, earrings, rings, bracelets, anklets, charms & pendants. | Registered | 31-Oct-1992 | 1126/92 | 31-Oct-1992 | 15631 | |||||||||||
Bahrain | National Trademark | Giorgio | 3 | Soaps, perfumeries, essential oils, preparations for body and beauty care, hair lotions, dentifrices | Registered | 14-Feb-2013 | 96288 | 14-Feb-2013 | 96288 | |||||||||||
Bahrain | National Trademark | Giorgio | 3 | Soaps, perfumeries, essential oils, preparations for body and beauty care, hair lotions, dentifrices | Registered | 14-Feb-2013 | 96286 | 14-Feb-2013 | 96286 | |||||||||||
Bahrain | National Trademark | Giorgio | 3 | Soaps, perfumeries, essential oils, preparations for body and beauty care, hair lotions, dentifrices | Registered | 14-Feb-2013 | 96287 | 14-Feb-2013 | 96287 | |||||||||||
Belarus | National Trademark | Giorgio | 3 | Perfume, toiletry and soap preparations for men and women, namely, cologne, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 4-Oct-1993 | 112046 | 30-Dec-1993 | 2959 | |||||||||||
Belarus | National Trademark | Giorgio | 3 | Perfumes, toiletry and soap preparations for men and women, namely, eau de cologne, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 4-Oct-1993 | 112045 | 30-Dec-1993 | 2961 | |||||||||||
Belarus | National Trademark | Giorgio | 3 | Perfume, toiletry and soap preparations for men and women, namely, cologne, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 4-Oct-1993 | 112047 | 30-Dec-1993 | 2960 | |||||||||||
Belize | National Trademark | Giorgio | 25 | Men`s and women`s clothing, namely, shirts, t-shirts, pants, pantyhose, pullovers, waistcoats, trousers, jeans, vests, parkas, sweaters, blazers, gaiters, rain-coats, leggings, shorts, belts, suspenders, ties, sweat bands, wrist bands, blouses, socks, stockings, sport suits namely track suits, training suits, warm-up suits, athletic sports suits, gym suits, ear muffs, underwear, collars, sun visors, jerkins, slacks, mittens, polo shirts, tank tops, dresses, cardigans, jumpers, camisoles, bathing suits, body suits, bath robes, nightgowns, pyjamas, petticoats, corsets, jogging suits, skirts, gloves, coats, scarves, jackets and wind resistant jackets, foulards; footwear, namely, athletic footwear, slippers, shoes, boots, sandals; headgear, namely hats, berets, caps, hoods, turbans and bandanas. | Registered | 18-May-2010 | 683810 | 1-Jun-2010 | 683810 |
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Benelux | Benelux Trademark | Giorgio | 3 | Perfumery, cosmetics and soap; toiletry products included in this class and soap preparations for men and women; cologne, after shave lotions and balms; moisturizers and body creams; perfumed soap and gel; dusting powder. | Registered | 23-Jul-1986 | 056274 | 23-Jul-1986 | 422501 | |||||||||||
Benelux | Benelux Trademark | Giorgio | 3 | Perfumery, cosmetics and soap; toiletry products included in this class and soap preparations for men and women; cologne, after shave lotions and balms; moisturizers and body creams; perfumed soap and gel dusting powder. | Registered | 23-Jul-1986 | 056275 | 23-Jul-1986 | 423205 | |||||||||||
Benelux | Benelux Trademark | Giorgio | 3 | Cosmetic preparations for body and beauty care, in particular skin care preparations, face masks; lipsitck, cosmetic preparations for eyebrows and eyelashes; cosmetic suntan preparations; massage creams and oils, not for medical use; hair care preparations, hair oils, shampoos, hair creams, shaving cream; deodorants for personal hair lotions; perfumery; toilet soap; dentifrices. | Registered | 10-Jan-1997 | 885595 | 10-Jan-1997 | 606036 | |||||||||||
Benelux | Benelux Trademark | Giorgio | 3 | Soaps, perfumes, essential oils, cosmetics, hair lotions and dentifrices. | Registered | 11-Aug-1988 | 064214 | 11-Aug-1988 | 451238 | |||||||||||
Benelux | Benelux Trademark | Giorgio | 14 | Horlogical instruments such as watches; and fine and costume jewelry such as jewelry chains, necklaces, earings, rings, bracelets, anklets, charms and pendants. | Registered | 3-Sep-1992 | 785328 | 3-Sep-1992 | 518267 | |||||||||||
Benelux | Benelux Trademark | Giorgio | 3 | Cosmetics, toiletries and fragrances. | Registered | 12-Apr-1983 | 048775 | 12-Apr-1983 | 389292 | |||||||||||
Benelux | Benelux Trademark | Giorgio | 3 | Perfumery and cosmetics. | Registered | 11-Sep-1985 | 054257 | 11-Sep-1985 | 411898 | |||||||||||
Benelux | Benelux Trademark | Giorgio | 25 | Clothing, footwear, headgear. | Registered | 29-Oct-1985 | 054544 | 29-Oct-1985 | 415505 | |||||||||||
Benelux | Benelux Trademark | Giorgio | 25 | Clothing, footwear, headgear. | Registered | 29-Oct-1985 | 054545 | 29-Oct-1985 | 415506 | |||||||||||
Bermuda | National Trademark | Giorgio | 18 | Travel bags, beach bags, athletic bags, tote bags, carry-on luggage,clutch bags, overnight luggage, bags for travel accessories, shoe bags for travel, trunks for travel and luggage carts (non-motorized). | Registered | 6-Jun-1994 | 26148 | |||||||||||||
Bermuda | National Trademark | Giorgio | 18 | Travel bags, beach bags, athletic bags, tote bags, carry-on luggage, clutch bags, overnight luggage, bags for travel accessories, shoe bags for travel, trunks for travel and luggage carts (non-motorized). | Registered | 23-Aug-1994 | 26352 | |||||||||||||
Bermuda | National Trademark | Giorgio | 18 | Class 18 : Leather and imitations of leather, and goods made from these materials and not included in other classes; animal skins, hides; trunks and traveling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery, including travel bags, beach bags, athletic bags, tote bags, carry-on luggage, clutch bags, overnight luggage, bags, shoe bags for travel, trunks for travel and wheeled luggage. |
Registered | 2-Oct-2002 | 34682 | 20-Nov-2003 | 34682 | |||||||||||
Bermuda | National Trademark | Giorgio | 14 | Horological instruments; watches; and fine costume jewelry chains, necklaces, earrings, rings, bracelets, anklets, charms and pendants. | Registered | 28-May-1992 | 21745 | 6-Apr-1993 | 21745 |
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Bermuda | National Trademark | Giorgio | 3 | Perfume and cologne; toiletry cosmetics and soap preparations for men and women; aftershave lotion and after shave balm, body moisturizer, body talc, body shampoo, and body cream, perfumed soap and gel, and dusting powder; deodorant and antiperspirants for use on the person; and suntan lotion. | Registered | 1-Jun-1993 | 22121 | |||||||||||||
Bermuda | National Trademark | Giorgio | 3 | Perfume and cologne; after shave lotion and after shave balm, body moisturizer, body talc, body shampoo, and body cream, perfumed soap and gel, and dusting powder; deodorant and antiperspirants for use on the person and suntan lotion. | Registered | 1-Jun-1993 | 22119 | |||||||||||||
Bermuda | National Trademark | Giorgio | 3 | Perfume and cologne; after shave lotion and after shave balm, body moisturizer, body talc, body shampoo, and body cream, perfumed soap and gel, and dusting powder; deodorant and antiperspirants for use on the person and suntan lotion. | Registered | 1-Jun-1993 | 22120 | 1-Jun-1993 | 22120 | |||||||||||
Bermuda | National Trademark | Giorgio | 3 | Perfume and cologne; after shave lotion and after shave balm, body moisturizer, body talc, body shampoo, and body cream, perfumed soap and gel, and dusting powder; deodorant and antiperspirants for use on the person and suntan lotion. | Registered | 1-Jun-1993 | 22123 | |||||||||||||
Bolivia | National Trademark | Giorgio | 3 | Soaps, perfumery, oils, cosmetics, lotions; dentifrices. | Registered | 5-Sep-1990 | N/A | 5-Nov-1991 | 64031-A | |||||||||||
Bolivia | National Trademark | Giorgio | 3 | Soaps, perfumery, essential oils, cosmetics and hair lotions. | Registered | 18-Oct-1991 | N/A | 11-Feb-1993 | 61837-A | |||||||||||
Bolivia | National Trademark | Giorgio | 25 | Clothing, footwear, headgear. | Pending | 7-May-2010 | SM017212010 | |||||||||||||
Bosnia-Herzegovina | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, including perfume and cologne, cosmetics, body lotions, shampoos, after shave lotion and after shave balm, perfumed soap and gel, and dusting powder. | Registered | 3-Jun-1997 | BAZ971898A | 14-Jan-2003 | BAZ971898 | |||||||||||
Bosnia-Herzegovina | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, including perfume and cologne, cosmetics, body lotions, shampoos, after shave lotion and after shave balm, perfumed soap and gel, and dusting powder. | Registered | 3-Jun-1997 | BAZ971897A | 14-Jan-2003 | BAZ971897 | |||||||||||
Bosnia-Herzegovina | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, including perfume and cologne, cosmetics, body lotions, shampoos, after shave lotion and after shave balm, perfumed soap and gel, and dusting powder. | Registered | 23-Jun-1997 | BAZ971966A | 14-Jan-2003 | BAZ971966 | |||||||||||
Bosnia-Herzegovina | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, including perfume and cologne, cosmetics, body lotions, shampoos, after shave lotion and after shave balm, perfumed soap and gel, and dusting powder. | Registered | 25-Aug-1997 | BAZ972247A | 14-Jul-2003 | BAZ972247 | |||||||||||
Brazil | National Trademark | Giorgio | 3 | Soaps, perfumes, essential oils, cosmetics, hair lotions and dentifrices. | Registered | 12-Apr-1989 | 814759157 | 29-Apr-1997 | 814759157 | |||||||||||
Brazil | National Trademark | Giorgio | 3 | Perfumery and sanitary products and toiletry articles in general. | Registered | 30-Nov-1995 | 818957794 | 18-Aug-1998 | 818957794 | |||||||||||
Brazil | National Trademark | Giorgio | 3 | Cosmetics, toiletry articles and fragrances. | Registered | 11-Mar-1994 | 812239598 | 1-Oct-1996 | 812239598 | |||||||||||
Brazil | National Trademark | Giorgio | 3 | Cosmetics, toiletry and fragrance articles. | Registered | 17-May-1985 | 811991830 | 26-Aug-1986 | 811991830 | |||||||||||
Brazil | National Trademark | Giorgio | 3 | Cosmetics, toiletry articles and perfumery. | Registered | 31-Jul-1986 | 812740068 | 3-Sep-1996 | 812740068 |
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Brazil | National Trademark | Giorgio | 3 | Cosmetics, perfumery and toiletry articles. | Registered | 31-Jul-1986 | 812740050 | 3-Sep-1996 | 812740050 | |||||||||||
Brazil | National Trademark | Giorgio | 3 | Perfumery and hygiene products; toiletry articles in general. | Registered | 28-Apr-1986 | 812537920 | 3-Sep-1996 | 812537920 | |||||||||||
Brazil | National Trademark | Giorgio | 25 | Clothes and clothing accessories of common use. | Registered | 11-Mar-1994 | 817719911 | 1-Oct-1996 | 817719911 | |||||||||||
Brazil | National Trademark | Giorgio | 14 | Fine and costume jewelry such as jewelry chains, necklaces, earrings, rings, bracelets, anklets, charms and pendants.
Class 14: Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and chronometric instruments. |
Registered | 26-Oct-1992 | 816955719 | 1-Oct-1996 | 816955719 | |||||||||||
Brazil | National Trademark | Giorgio | 25 | Clothes and dressing accessories of common use. | Registered | 11-Mar-1994 | 817719881 | 1-Oct-1996 | 817719881 | |||||||||||
Brazil | National Trademark | Giorgio | 3 | Toiletries and fragrances, namely, eau de toilette, after shave lotion, after shave balm, shower and bath gel, body lotion and personal deodorant. | Registered | 8-Dec-1995 | 818968672 | 31-Oct-2000 | 818968672 | |||||||||||
Brunei Darussalam | National Trademark | Giorgio | 3 | Perfumery, cosmetics and soaps. | Registered | 24-Jun-1987 | 17615 | 24-Jun-1987 | 17949 | |||||||||||
Brunei Darussalam | National Trademark | Giorgio | 3 | Perfumery, cosmetics & soaps. | Registered | 24-Jun-1987 | 17616 | 24-Jun-1987 | B87 | |||||||||||
Brunei Darussalam | National Trademark | Giorgio | 3 | Perfumery, cosmetics and soaps. | Registered | 24-Jun-1987 | 17613 | 14-Jul-1987 | 16857 | |||||||||||
Brunei Darussalam | National Trademark | Giorgio | 3 | Perfumery, cosmetics, soaps. | Registered | 14-Jul-1987 | 17614 | 14-Jul-1987 | 16,847 | |||||||||||
Brunei Darussalam | National Trademark | Giorgio | 14 | Horological Instruments such as watches; and fine and costume jewelry such as jewelry chains, necklaces, earrings, rings, bracelets, anklets charms, and pendants. | Registered | 7-Feb-1994 | BRU/23526 | 7-Feb-1994 | 23970 | |||||||||||
Bulgaria | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrance, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 17-Apr-1996 | 34678 | 25-Apr-1997 | 30416 | |||||||||||
Bulgaria | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrance, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 19-Apr-1996 | 34701 | 26-Mar-1997 | 30119 | |||||||||||
Bulgaria | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrance, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 19-Apr-1996 | 34702 | 26-Mar-1997 | 30120 | |||||||||||
Bulgaria | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrance, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 22-Apr-1996 | 34716 | 10-Apr-1997 | 30272 |
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Bulgaria | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrance, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 3-May-1996 | 34944 | 9-Apr-1997 | 30265 | |||||||||||
Canada | National Trademark | PGCo | 3 | Toiletry and soap preparations for women, namely, perfume, eau de toilette, body moisturizer, perfumed soap and gel and dusting powder. | Registered | 24-Mar-1999 | 1009693 | 25-Sep-2001 | TMA551,537 | |||||||||||
Canada | National Trademark | PGCo | 3 | Cosmetics and toiletries for men and women, namely perfumes, colognes, skin lotions, creams and moisturizers, bath and shower gels, dusting powders, perfumed soap, after shave lotion and after shave balm. | Registered | 15-May-1984 | 522044 | 16-Sep-1988 | TMA344,933 | |||||||||||
Canada | National Trademark | PGCo | 3 | Cosmetics and toiletries, namelyperfumes, colognes, skin lotions and moisturizers, bath and shower gels, dusting poweders, perfumed soap, after save lotion and after shave balm; and perfumed candles. | Registered | 13-Mar-1984 | 0518497 | 16-Sep-1988 | TMA344,932 | |||||||||||
Canada | National Trademark | PGCo | 3,14,18,25 | (1) High fashion apparel and personal care productsnamely, handbags, dresses, skirts, pants, suits, pantsuits, blouses, shirts, ties, scarves, handkerchiefs, hats, lingerie, jackets, coats, shawls, wraps, capes, boas, sweaters, gloves, maternity tops, pants and dresses, robes, swimsuits, sports coats, slacks, raincoats, hosiery, belts, gloves, perfumes, colognes, skin lotions and moisturizers, bath and shower gels, dusting powders, perfumed soaps, after shave lotions and after shave balms. (2) Fine and costume jewellery, watches and clocks.
Services: (1) Retailing high fashion apparel and personal care products. |
Registered | 27-Feb-1987 | 0579023 | 28-Apr-1989 | TMA355,176 | |||||||||||
Canada | National Trademark | PGCo | 3,42 | Cosmetics and toiletriesnamely, perfumes, colognes, skin lotions and moisturizers, bath and shower gels, dusting powders, perfumed soaps, after shave lotions and balms, and perfumed candles.
Services: Retailing high fashion apparel and personal care products. |
Registered | 27-Feb-1987 | 0579021 | 16-Jun-1989 | TMA357,221 | |||||||||||
Canada | National Trademark | PGCo | 3 | Cosmetics and beauty care items, namely perfumes, colognes, toilet water, body moisturizers and body lotion. | Registered | 26-Jul-1988 | 611956 | 30-Nov-1990 | TMA376378 | |||||||||||
Canada | National Trademark | PGCo | 3 | Cosmetics and beauty care items, namely, perfumes, colognes, toilet water, body moisturizers and body lotions. | Registered | 13-Oct-1988 | 617151 | 10-May-1991 | TMA384,107 | |||||||||||
Canada | National Trademark | PGCo | 3 | Perfumes, cologne and toilet water. | Registered | 18-Aug-1977 | 414448 | 23-Jan-1981 | TMA255152 | |||||||||||
Canada | National Trademark | PGCo | 18 | Travel bags, namely, athletic bags, carry-on luggage, clutch bags, overnight luggage, bags for travel accessories, shoe bags for travel, trunks for travel and luggage carts (non-motorized); beach bags and tote bags. | Registered | 11-Aug-1994 | 0761322 | 16-Feb-1996 | TMA454,284 | |||||||||||
Canada | National Trademark | PGCo | 18 | (1) Travel bags, namely, athletic bags, carry-on luggage, overnight luggage, bags for travel accessories, and fanny packs. (2) Beach bags and tote bags. | Registered | 11-Aug-1994 | 0761323 | 28-Jan-1997 | TMA469,973 | |||||||||||
Canada | National Trademark | PGCo | 3 | Perfumes, eau de toilette, body moisturizer and shower gel. | Registered | 29-May-1997 | 846462 | 6-Apr-1998 | TMA492,398 | |||||||||||
Canada | National Trademark | PGCo | 3 | Cosmetics and toiletries for men and women, namely perfumes, colognes, skin lotions, creams and moisturizers, bath and shower gels, dusting powders, perfumed soap, after shave lotion and after shave balm. | Registered | 15-May-1984 | 0522045 | 15-Mar-1985 | TMA300869 |
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Chile | National Trademark | Giorgio | 3 | Class 3 : Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. |
Registered | 69495 | 4-Sep-1986 | 775454 | ||||||||||||
Chile | National Trademark | Giorgio | 3 | Class 3 : Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. |
Registered | 28-Nov-1995 | 747435 | 20-Nov-1996 | 779759 | |||||||||||
Chile | National Trademark | Giorgio | 3 | Class 3 : Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. |
Registered | 9-Mar-1988 | 94580 | 9-Mar-1988 | 832219 | |||||||||||
Chile | National Trademark | Giorgio | 3 | Class 3 : Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. |
Registered | 4-Mar-1988 | 94579 | 4-Mar-1988 | 832218 | |||||||||||
Chile | National Trademark | Giorgio | 3 | Class 3: Bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, preparations for body and beauty care, hair lotions, dentifrices. |
Registered | 24-Jun-1987 | 94581 | 4-Mar-1988 | 832213 | |||||||||||
Chile | National Trademark | Giorgio | 3 | Class 3 : Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. |
Registered | 4-Mar-1988 | 94578 | 4-Mar-1988 | 869335 | |||||||||||
Chile | National Trademark | Giorgio | 25 | Class 25 : Clothing, footwear, headgear. |
Registered | 6-Mar-1992 | 170064 | 22-Dec-1992 | 1021031 | |||||||||||
Chile | National Trademark | Giorgio | 14 | Class 14 Stones; horological and chronometric instruments. Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewelry. |
Registered | 4-Sep-1992 | 219281 | 7-Apr-1993 | 1039933 | |||||||||||
Chile | National Trademark | Giorgio | 3 | Toilet soaps, perfumery, essential oils, cosmetics, hair lotions. | Registered | 14-Nov-1991 | 192572 | 22-Jul-1993 | 1058737 | |||||||||||
China | National Trademark | Giorgio | 25 | Womens wearing apparel- namely, dresses for evening and casual wear, skirts, pants, suits, pantsuits, blouses, shirts, lingerie, jackets including leather and suede jackets and fur jackets, coats including leather and suede coats, and fur coats, capes, sweaters, maternity wear, robes, and swimsuits; and mens wearing apparel namely, suits, sport coats, slacks, jackets, raincoats, topcoats, robes, sweaters, and shirts. | Registered | 7-May-1987 | 18440 | 10-Jun-1987 | 274829 | |||||||||||
China | National Trademark | Giorgio | 25 | Hats, shoes and boots for men and women. | Registered | 7-May-1986 | 970001757 | 30-Jan-1987 | 276925 |
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China | National Trademark | Giorgio | 3 | Cosmetics, toiletries, and fragrances. | Registered | 5-Jun-1986 | NA. | 10-Mar-1987 | 280969 | |||||||||||
China | National Trademark | Giorgio | 3 | Cosmetics, toiletries, fragrances. | Registered | 5-Jun-1986 | 23449 | 10-Mar-1987 | 280970 | |||||||||||
China | National Trademark | Giorgio | 3 | Cosmetics, toiletries, and fragrances. | Registered | 5-Jun-1986 | 23451 | 10-Mar-1987 | 280971 | |||||||||||
China | National Trademark | Giorgio | 25 | Women`s wearing apparel, namely, dresses for evening and casual wear, skirts, pants, suits, pantsuits, blouses, shirts, lingerie, jackets including leather and suitecoats, and fur coats, capes, sweater maternity wear, robes, and swimsuits; and men`s wearing apparel- namely suits, sport coats, slacks, jackets, raincoats, topcoats, robes, sweaters and shirts. | Registered | 7-May-1986 | 970001756 | 10-Apr-1987 | 283898 | |||||||||||
China | National Trademark | Giorgio | 3 | Cosmetics and perfumery, including toiletry for men and women; namely; perfume, cologne, after shave lotion and after shave balm, body moisturizer and body cream, and dusting powder. | Registered | 17-Sep-1986 | 37368 | 10-Jun-1987 | 289976 | |||||||||||
China | National Trademark | Giorgio | 3 | Cosmetics and perfumery including toiletry for men and women; namely; perfume, cologne, after shave lotion and after shave balm, body moisturizer and body cream, and dusting powder. | Registered | 2-Jul-1986 | 37349 | 289975 | ||||||||||||
China | National Trademark | Giorgio | 3 | Cosmetics, perfumes, colognes, body moisturizer, cream, soaps, gels. | Registered | 20-Sep-1996 | 960107016 | 28-Sep-1997 | 1112095 | |||||||||||
China | National Trademark | Giorgio | 3 | Toilet soaps; perfumery; essential oils; cosmetics; bath lotions; cosmetics for baths; cleaning preparations for skin; cosmetic removing preparations; cosmetics for skin care; facial cleaning milk; skin moisturizing lotions and creams; sun-tanning preparations (cosmetics); hair lotions; hair conditioners; hair styling preparations; hair colorants; preparations for permanent waving; mousse; deodorants for personal use. | Registered | 18-Sep-2000 | 2000144665 | 14-Nov-2001 | 1664321 | |||||||||||
China | National Trademark | Giorgio | 3 | Toilet soaps; perfumery, essential oils, cosmetics, toiletries, preparations for the cleaning, care and beautification of the skin, scalp and hair, deodorants for personal use | Registered | 29-Sep-2000 | 2000151535 | 21-Jan-2002 | 1700343 | |||||||||||
China | National Trademark | Giorgio | 3 | Perfumery; toilet soaps, shampoo, body wash, hair spray, essential oils, cosmetics, skin and body moisturizers, preparations for the cleaning, care, beautification of the hair, skin and scalp, dentifrices, deodorants for personal use | Registered | 28-Jul-2000 | 2000112429 | 28-Jan-2002 | 1704297 | |||||||||||
China | National Trademark | Giorgio | 3 | Perfumery; toilet soaps, shampoos, body wash, hair spray, essential oils, cosmetics, skin and body moisturizers, preparations for the cleaning, care, beautification of the hair, skin and scalp, dentifrices, deodorants for personal use | Registered | 28-Jul-2000 | 2000112428 | 28-Jan-2002 | 1704295 | |||||||||||
China | National Trademark | Giorgio | 3 | Perfumery; toilet soaps, shampoo, body wash, hair spray, essential oils, cosmetics, skin and body moisturizers, preparations for the cleaning, care, beautification of the hair, skin and scalp, dentifrices, deodorants for personal use | Registered | 28-Jul-2000 | 2000112430 | 28-Jan-2002 | 1704298 |
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China | National Trademark | Giorgio | 3 | Perfumery; toilet soaps, shampoo, body wash, hair spray, essential oils, cosmetics, skin and body moisturizers, preparations for the cleaning, care, beautification of the hair, skin and scalp, dentifrices, deodorants for personal use | Registered | 28-Jul-2000 | 2000112431 | 28-Jan-2002 | 1704296 | |||||||||||
Colombia | National Trademark | Giorgio | 25 | Clothing, footwear, headgear. | Registered | 27-Jan-2010 | 10008173 | 27-Jul-2010 | 406057 | |||||||||||
Colombia | National Trademark | Giorgio | 3 | Class 3 : Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; specifically, soaps, perfumery, essential oils, cosmetics, hair lotions; dentifrices. |
Registered | 5-Aug-1991 | 92-345251 | 30-Jun-1994 | 166165 | |||||||||||
Colombia | National Trademark | Giorgio | 3 | Perfumes, toiletry cosmetics, soap preparations for men and women for after shave and balms, moisturizers, body talc, body shampoo, perfumed soaps and gels, deodorants and antiperspirants,lotions and all other products of the class. | Registered | 28-Apr-1993 | 93-384238 | 29-Dec-1994 | 173003 | |||||||||||
Colombia | National Trademark | Giorgio | 3 | Perfumes, toiletry cosmetics, soap preparations for men and women for after shave and balms, moisturizers, body talc, body shampoo, perfumed soaps and gels, deodorants and antiperspirants, and lotions and all other products of the class. | Registered | 29-Dec-1994 | 173002 | 29-Dec-1994 | 173002 | |||||||||||
Colombia | National Trademark | Giorgio | 3 | Perfumes, toiletry cosmetics, soap preparations for men and women for after shave and balms, moisturizers, body talc, body shampoo, perfumed soaps and gels, deodorants and antiperspirants, and lotions and all other products of the class. | Registered | 28-Apr-1993 | 93-384239 | 31-Jan-1995 | 174575 | |||||||||||
Colombia | National Trademark | Giorgio | 3 | Perfumes, toiletry cosmetics, soap preparations for men and women for after shave and balms, moisturizers, body talc, body shampoo, perfumed soaps and gels, deodorants and antiperspirants, and lotions and all other products of the class. | Registered | 31-Jan-1995 | 174574 | 31-Jan-1995 | 174574 | |||||||||||
Costa Rica | National Trademark | Giorgio | 3 | Perfumery. | Registered | 15-Apr-1988 | 64942 | 28-Apr-1989 | 69844 | |||||||||||
Costa Rica | National Trademark | Giorgio | 3 | Perfumes. | Registered | 15-Apr-1988 | N/A | 5-Feb-1991 | 74329 | |||||||||||
Costa Rica | National Trademark | Giorgio | 3 | Perfumery. | Registered | 15-Apr-1988 | N/A | 5-Feb-1991 | 74326 | |||||||||||
Costa Rica | National Trademark | Giorgio | 3 | Toiletry preparations and soap. | Registered | 18-Oct-1991 | 19007901303 | 6-Apr-1992 | 79013 | |||||||||||
Costa Rica | National Trademark | Giorgio | 25 | Class 25 : Clothing, footwear, headgear. |
Registered | 18-Oct-1991 | 19007901225 | 6-Apr-1992 | 79012 | |||||||||||
Costa Rica | National Trademark | Giorgio | 25 | Women evening wear, formal garments, slips; pants; suits, blouse pant suits; shirts, ties, scarfs, handkerchiefs, hats, underwear, shoes, boots, jackets incl leather, chamois & fur jackets; coats incl leather, chamois and fur coats; chals, coats, capes, feather capes, sweaters, gloves, maternity clothes; bathrobes; men clothing, namely suits, sport coats, trousers, jackets, rain capes, overcoats, robes sweaters, shirts, shoes, boots, ties, scarfs, socks, hats, bands and gloves. | Registered | 18-Oct-1991 | 352M639 | 28-Apr-1993 | 82363 | |||||||||||
Costa Rica | National Trademark | Giorgio | 25 | Women evening wear, formal garments, slips; pants, suits, blouse pant suits; shirts, ties, scarfs, handkerchiefs, hats, underwear, shoes, boots; jackets leather, chamois and fur jackets; leather,chamois and fur coats; chals, coats, capes, feather capes, sweaters, gloves, maternity clothes, bathrobes; men clothing, namely suits, sport coats, trousers, jackets, rain capes, overcoats, robes, sweaters, shirts, shoes, boots, ties, scarfs, socks, hats, bands and gloves. | Registered | 18-Oct-1991 | N/A | 28-Apr-1993 | 82364 |
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Costa Rica | National Trademark | Giorgio | 3 | Colognes. | Registered | 15-May-1992 | N/A | 30-Aug-1993 | 83838 | |||||||||||
Croatia | National Trademark | Giorgio | 3 | Cosmetic products and toiletry preparations for men and women, namely, perfume, eau-de-cologne, etheric oil for use as personal scent, aftershave lotion and aftershave balm, body moisturiser and body lotion, perfumed soap and gel, talc. | Registered | 24-Apr-1996 | 4/96-01/702 | 25-May-1998 | 960460 | |||||||||||
Croatia | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrance, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 24-Apr-1996 | 01/0697 | 4-Nov-1997 | 960455 | |||||||||||
Croatia | National Trademark | Giorgio | 3 | Cosmetic products and toiletry preparations for men and women, namely, perfume, eau-de-cologne, etheric oil for use as personal scent, aftershave lotion and aftershave balm, body moisturiser and body lotion, perfumed soap and gel, talc. | Registered | 24-Apr-1996 | 01/0698 | 4-Nov-1997 | 960456 | |||||||||||
Croatia | National Trademark | Giorgio | 3 | Cosmetic products and toiletry preparations for men and women, namely, perfume, eau-de-cologne, etheric oil for use as personal scent, aftershave lotion and aftershave balm, body moisturiser and body lotion, perfumed soap and gel, talc. | Registered | 24-Apr-1996 | 4/96-01/0703 | 8-Oct-1997 | Z960461 | |||||||||||
Croatia | National Trademark | Giorgio | 3 | Cosmetic products and toiletry preparations for men and women, namely, perfume, eau-de-cologne, etheric oil for use as personal scent, aftershave lotion and aftershave balm, body moisturiser and body lotion, perfumed soap and gel, talc. | Registered | 20-May-1996 | 04/96-01/0832 | 13-Feb-1998 | 960559 | |||||||||||
Cyprus | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrances, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 13-Nov-1997 | 49111 | 13-Nov-1997 | 49111 | |||||||||||
Cyprus | National Trademark | Giorgio | 3 | Toilet soaps, perfumery, essential oils, cosmetics, toiletries, preparations for the cleaning, care and beautification of the skin, scalp and hair; deodorants for personal use. | Registered | 18-Nov-1999 | 54772 | 18-Nov-1999 | 54772 | |||||||||||
Cyprus | National Trademark | Giorgio | 14 | Horological instruments such as watches; and fine and costume jewelry such as jewelry chains, necklaces, earrings, rings, bracelets, anklets charms, and pendants. | Registered | 22-Sep-1994 | 40987 | 17-Nov-1997 | 40987 | |||||||||||
Czech Republic | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrance, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 16-Apr-1996 | 110369 | 25-Feb-1998 | 207524 | |||||||||||
Czech Republic | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrance, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 16-Apr-1996 | 110370 | 21-Nov-1997 | 205542 |
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Czech Republic | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrance, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 9-May-1996 | 111102 | 26-Aug-1997 | 203121 | |||||||||||
Denmark | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women; namely, perfume, cologne, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 15-Jul-1986 | 4574/86 | 13-May-1988 | 2089/1988 | |||||||||||
Denmark | National Trademark | Giorgio | 3 | Soaps, perfumes, essential oils, cosmetics, hair lotions, and dentifrices. | Registered | 7-Oct-1988 | 6963/88 | 10-Aug-1990 | 5397/90 | |||||||||||
Denmark | National Trademark | Giorgio | 3,25 | Class 3 : Perfume, toiletry and soap preparations for men and women; namely cologne, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. Class 25 : Mens and womens wearing apparel and accessories. |
Registered | 17-Apr-1986 | 2522/86 | 16-Nov-1990 | 7220/90 | |||||||||||
Denmark | National Trademark | Giorgio | 3,25 | Class 3 : Perfume, toiletry and soap preparations for men and women; namely cologne, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. Class 25 : Womens wearing apparel, namely, dresses for evening and casual wear, skirts, pants, suits, pansuits, blouses, shirts, ties, scarves, handkerchiefs, hats, lingerie, shoes, boots, jackets including leather and suede jackets and fur jackets, coats including leather and suede coats, and fur coats, shawls, wraps, capes, feather boas, sweaters, gloves, maternity wear, robes and swimsuits; and mens wearing apparel namely, suits, sport coats, slacks, jackets, raincoats, topcoats, robes, sweaters, shirts, shoes, boots, ties, scarves, hoisery, hats, belts, and gloves. |
Registered | 16-Apr-1986 | 2524/86 | 16-Nov-1990 | 7222/90 | |||||||||||
Denmark | National Trademark | Giorgio | 3,25 | Class 3 : Perfume, toiletry, and soap preparations for men and women; namely, cologne, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. Class 25 : Men`s and women`s wearing apparel and accessories. |
Registered | 17-Apr-1986 | 2523/86 | 16-Nov-1990 | 7221/90 | |||||||||||
Denmark | National Trademark | Giorgio | 3 | Bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices. | Registered | 8-Nov-1993 | 7217/93 | 1-Jul-1994 | 4368/94 |
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Dominican Republic | National Trademark | PGCo | 3 | Soaps, perfumeries, essential oils, preparations for body and beauty care, hair lotions, dentifrices. | Registered | 12-Mar-2009 | 20095340 | 1-Jun-2009 | 174353 | |||||||||||
Ecuador | National Trademark | Giorgio | 3 | Perfumery, toiletry articles; soap preparations for men and women; cologne, aftershave lotions and balms, humidifiers, body moisturizers and creams, perfumed soap and gel, talcs. | Registered | 22-Mar-1991 | 58038 | 27-Dec-1991 | 2013-97 | |||||||||||
Ecuador | National Trademark | Giorgio | 25 | Clothes for women, i.e., formal & casual wear, skirts, pants, suits, pantsuits, blouses, shirts, ties, scarfs, handkerchiefs, hats, lingerie, shoes, boots, jackets, including leather, suede & fur jackets; coats including leather, suede & fur coats; chals, blankets, capes, fur pieces for the neck, sweaters, gloves, maternity clothes, swimsuits; men`s clothing, i.e., suits sports coats, pants, jackets, raincoats, light coats, tunics, sweaters, shirts shoes, boots, ties, scarfs, hats, belts and gloves. | Registered | 22-Mar-1991 | 58039 | 27-Dec-1991 | 1936-97 | |||||||||||
Ecuador | National Trademark | Giorgio | 18 | Purses, travelling bags and suitcases; leather and imitation of leather;goods made from these materials not included in other classes; hides and trunks; umbrellas, parasols and walking sticks; whips, harnesses and saddlery. | Registered | 22-Mar-1991 | 58042 | 27-Dec-1991 | 5319 | |||||||||||
Ecuador | National Trademark | Giorgio | 25 | Womens & mens clothing, formal garments, slips; pants, suits,blouses, pant suits; shirts, ties, scarfs,handkerchiefs, hats,underwear, shoes, boots, jackets, including leather, chamois and fur jackets, coats incl. leather, chamois and fur coats; chals, coats, capes, feather capes, sweaters, gloves, maternity clothes; bathrobes; men clothing, namely suits, sport coats, trousers, jackets, rain capes, overcoats, robes, sweaters, shirts, shoes, boots, ties, scarfs, socks, hats, bands and gloves. | Registered | 22-Mar-1991 | 58040 | 27-Dec-1991 | 5317 | |||||||||||
Ecuador | National Trademark | Giorgio | 3 | Perfumery, toiletries and soap preparations for men and women; cologne, after shave lotions and balms, body moisturizers and creams, perfumed soap and gel, talc. | Registered | 22-Mar-1991 | 58041 | 27-Dec-1991 | 5318 | |||||||||||
Ecuador | National Trademark | Giorgio | 3 | Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; dentifrices; specifically, soaps, essential oils, cosmetics, hair lotions, perfumery, cologne and toilet water. | Registered | 6-Oct-2003 | 137914 | 6-Apr-2004 | 24612014 | |||||||||||
Egypt | National Trademark | Giorgio | 3 | Perfume and toiletry and soap preparations for men and women, namely cologne, after shave lotion and after shave body moisturizer and body cream, perfumed soap and gel, dusting powder. | Registered | 30-Dec-1985 | 66632 | 19-Oct-1990 | 66632 | |||||||||||
Egypt | National Trademark | Giorgio | 25 | Articles of Clothing | Registered | 8-Jan-1986 | 66660 | 14-Nov-1989 | 66660 |
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Egypt | National Trademark | Giorgio | 25 | Womens wearing apparel, namely, dresses for evening & casual wear, skirts, pants, suits, pantsuits, blouses, shirts, ties, scarves, hand- kerchiefs, hats, lingerie, shoes, boots, jackets incl. leather & suede jackets & fur jackets, coats incl. leather & suede coats, & fur coats, shawls, wraps, capes, feather boas, sweaters, gloves, maternity wear, robes & switsuits; & mens wearing apparel, namely, suits, sport coats slacks, jackets, raincoats, topcoats, robes, sweaters, shirts, shoes, boots, ties, scarves, hosiery, hats, belts, & gloves. | Registered | 18-Jan-1986 | 66661 | 27-May-1989 | 66661 | |||||||||||
Egypt | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and womennamely, perfume, cologne, after shave lotion and after shave, body moisturizer and body cream, perfumed soap and gel and dusting powder, in Class 3. | Registered | 10-Jul-1986 | 67678 | 28-Dec-1988 | 67678 | |||||||||||
Egypt | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women; namely, perfume, cologne, after shave lotion and after shave blam, body moisturizer, body cream, perfumed soap and gel, and dusting powder, all such goods are included in Class 3 and not included in other classes. | Registered | 20-Aug-1986 | 67861 | 29-Jun-1990 | 67861 | |||||||||||
Egypt | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women; namely, perfume, cologne, after shave lotion and after shave balm, body moisturizer and cream cosmetic for body, perfumed soap and gel and dusting powder, and these goods are included in Class 3 and not in other classes. | Registered | 20-Aug-1986 | 67862 | 24-Dec-1990 | 67862 | |||||||||||
Egypt | National Trademark | Giorgio | 3 | Perfume, falling in class 3. | Registered | 14-Jul-1987 | 69801 | 23-Mar-1990 | 69801 | |||||||||||
Egypt | National Trademark | Giorgio | 3 | Toilet soaps, perfumery, essential oils, cosmetics, toiletries, preparations for the cleaning, care and beautification of the skin scalp and hair, deodorants for personal use; all included in class 3. | Registered | 14-Nov-1999 | 128516 | 15-Jan-2003 | 128516 | |||||||||||
El Salvador | National Trademark | Giorgio | 3 | Soaps, perfumery, essential oils, cosmetics, hair lotions. | Registered | 18-Jan-1996 | 205BK-29 | |||||||||||||
El Salvador | National Trademark | Giorgio | 3 | Soaps, shampoos, cologne, essential oils, body and beauty care preparations; bath and shower gels, talc, cosmetic additives for the bath; body lotion, body cream, body perfumed cream, deodorants for personal use, hair lotions, shaving and after shave creams. | Registered | 20-Mar-1996 | 1240-96 | 25-Aug-1997 | 247BK-59 | |||||||||||
El Salvador | National Trademark | Giorgio | 3 | Soaps, shampoos, perfumes and eau de toilette, essential oils, body and beauty care preparations; bath and shower gels, bath talcs, cosmetic additives for the bath; body lotion, body cream, perfumed body cream; deodorants for personal use; hair lotions; shaving and after shave creams; dentifrices. | Registered | 23-Apr-1996 | 1766-96 | 15-Oct-1997 | 130BK-61 | |||||||||||
El Salvador | National Trademark | Giorgio | 25 | wardrobe, footwear, hat foundations | Registered | 25-Jan-2010 | 2010132094 | 22-Oct-2010 | 32BK158 | |||||||||||
El Salvador | National Trademark | Giorgio | 3 | Soaps, perfumes, essential oils, cosmetics, hair lotions and dentifrices. | Registered | 28-Jul-1993 | 28-Jul-1993 | 203BK-18 |
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Estonia | National Trademark | Giorgio | 3 | Perfume, toiletry and soap for men and women including cologne, shaving lotion and balm, body emulsion and body cream, perfumed soap and gel, and talcum. | Registered | 22-Jun-1993 | 5458 | 14-Mar-1994 | 9259 | |||||||||||
Estonia | National Trademark | Giorgio | 3 | Perfumes, toiletry and soaps for men and women including cologne, shaving lotion and balm, body emulsions and body cream, perfumed soap and gel, and talcum. | Registered | 20-Jul-1993 | 6373 | 22-Apr-1994 | 10222 | |||||||||||
Estonia | National Trademark | Giorgio | 3 | Perfume, toiletry and soap for men and women including cologne, shaving lotion and balm, body emulsion and body cream, perfumed soap and gel, and talcum. | Registered | 22-Jun-1993 | 5459 | 14-Mar-1994 | 09260 | |||||||||||
European Union | Community Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrance, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 1-Apr-1996 | 56739 | 17-Feb-1998 | 56739 | |||||||||||
European Union | Community Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrance, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 1-Apr-1996 | 513226 | 11-Jan-1999 | 513226 | |||||||||||
European Union | Community Trademark | Giorgio | 3 | Bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps; perfumery, essential oils, cosmetics, hair lotions, dentifrices. | Registered | 16-Apr-1996 | 230862 | 22-Sep-1998 | 230862 | |||||||||||
European Union | Community Trademark | Giorgio | 14 | Class 14 : Horological instruments such as watches; and fine and costume jewellery such as jewellery chains, necklaces, earrings, rings, bracelets, anklets charms, and pendants. |
Registered | 2-Jan-1997 | 441212 | 12-Dec-2001 | 441212 | |||||||||||
European Union | Community Trademark | Giorgio | 3,14,18,25 | Class 3 : Toilet soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices, deodorants for personal use and preparations for the cleaning, care, beautification of the skin, scalp and hair. Class 14 : Horological instruments such as watches; and fine and costume jewellery such as jewellery chains, necklaces, earrings, rings, bracelets, anklets charms, and pendants. Class 18 : Travel bags, beach bags, athletic bags, tote bags, carry-on-luggage, clutch bags, hip pouches, overnight luggage, bags for travel accessories, shoe bags for travel, trunks for travel, and luggage carts (non-motorised). Class 25 : Clothing, footwear, headgear. |
Registered | 2-Jan-1997 | 417709-OP | 2-Oct-2009 | 417709 | |||||||||||
European Union | Community Trademark | Giorgio | 3 | Toilet soaps, perfumery, essential oils, cosmetics, toiletries, preparations for the cleaning, care and beautification of the skin, scalp and hair, deodorants for personal use. | Registered | 3-Oct-1997 | 644260 | 20-Jun-2001 | 644260 |
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European Union | Community Trademark | Giorgio | 3 | Toilet soaps, perfumery, esential oils, cosmetics, toiletries, preparations for the cleaning, care and beautification of the skin, scalp and hair, deodorants for personal use. | Registered | 15-Jul-1998 | 877993 | 9-Jul-2001 | 877993 | |||||||||||
European Union | Community Trademark | Giorgio | 3 | Toilet soaps, perfumery, essential oils, cosmetics, toiletries, preparations for the cleaning, care and beautification of the skin, scalp and hair, deodorants for personal use. | Registered | 22-Dec-1998 | 1025402 | 4-May-2000 | 1025402 | |||||||||||
European Union | Community Trademark | Giorgio | 3 | Toilet soaps, perfumery, essential oils, cosmetics, toiletries, preparations for the cleaning, care and beautification of the skin, scalp and hair, deodorants for personal use. | Registered | 22-Dec-1998 | 1025667 | 5-Apr-2000 | 1025667 | |||||||||||
European Union | Community Trademark | Giorgio | 3 | Toilet soaps, perfumery, essential oils, cosmetics, toiletries, preparations for the cleaning, care and beautification of the skin, scalp and hair, deodorants for personal use. | Registered | 6-Sep-1999 | 1299361 | 20-Dec-2000 | 1299361 | |||||||||||
European Union | Community Trademark | Giorgio | 3 | Toilet soaps, perfumery, essential oils, cosmetics, toiletries, preparations for the cleaning, care and beautification of the skin, scalp and hair, deodorants for personal use. | Registered | 6-Sep-1999 | 1299924 | 18-Oct-2000 | 1299924 | |||||||||||
Fiji | National Trademark | Giorgio | 3 | Women`s wearing apparel, namely dresses for evening and casual wear, skirts, pants, suits, pantsuits, blouses, shirts, ties, scarves, handkerchiefs, hats, lingerie, shoes, boots, jackets, including leather and suede jackets and fur jackets, coats including leather and suede coats, fur coats, shawls, wraps, capes, feather boas, sweaters, gloves, maternity wear, robes and swimsuits, and men`s wearing apparel; namely suits, sport coats, slacks, jackets, raincoats, topcoats, robes, sweaters, shirts shoes, boots, ties, scarves, hosiery, hats, belts and gloves. | Registered | 11-Jul-1986 | NA | 11-Jul-1986 | 17713 | |||||||||||
Fiji | National Trademark | Giorgio | 3 | Perfumes, toiletries & soap preparations for men and women, namely cologne, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder | Registered | 11-Jul-1986 | NA | 11-Jul-1986 | 17715 | |||||||||||
Fiji | National Trademark | Giorgio | 3 | Perfume, toiletry, and soap preparations for men and women; namely cologne, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder, in Class 48 | Registered | 18-Jul-1986 | NA | 18-Jul-1986 | 17717 | |||||||||||
Fiji | National Trademark | Giorgio | 3 | Perfumes, toiletries & soap preparations. | Registered | 22-Aug-1986 | NA | 11-Jul-1987 | 17769 | |||||||||||
Finland | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women; perfume, cologne, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, dusting powder. | Registered | 21-Jul-1986 | 2936/86 | 5-Sep-1988 | 102221 | |||||||||||
Finland | National Trademark | Giorgio | 25 | Clothing, footwear, headgear. | Registered | 1-Apr-1986 | 1276/86 | 5-Dec-1988 | 102709 | |||||||||||
Finland | National Trademark | Giorgio | 3 | Bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices. | Registered | 14-Apr-1986 | 1478/86 | 20-Dec-1988 | 102843 | |||||||||||
Finland | National Trademark | Giorgio | 3,25 | Class 3: all goods i.e. Bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices. Class 25 : all goods i.e. Clothing, footwear, headgear. |
Registered | 1-Apr-1986 | 1277/86 | 20-Dec-1988 | 102841 |
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Finland | National Trademark | Giorgio | 3 | Bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices. | Registered | 22-Mar-1989 | 1441/89 | 5-May-1992 | 118572 | |||||||||||
Finland | National Trademark | Giorgio | 3 | Perfume, toiletry and soap preparations for men and women; namely, cologne, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 7-Mar-1990 | 1262/90 | 7-Sep-1992 | 121624 | |||||||||||
France | National Trademark | Giorgio | 3 | Soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. | Registered | 18-Oct-1995 | 95592989 | 18-Oct-1995 | 95592989 | |||||||||||
France | National Trademark | Giorgio | 3 | Bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices; toiletry and soap preparations for men and women; namely : perfume, cologne, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 18-Jul-1986 | 806507 | 18-Jul-1986 | 1364016 | |||||||||||
France | National Trademark | Giorgio | 3 | Bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices; toiletry and soap preparations for men and women; namely: perfume, cologne, after shave lotion and after shave balm, body moisturizer nd body cream, perfumed soap and gel, and dusting powder. | Registered | 18-Jul-1986 | 806586 | 18-Jul-1986 | 1364015 | |||||||||||
France | National Trademark | Giorgio | 3 | Soaps and Perfumes, essential oils, hair lotions, dentifrices. | Registered | 5-Aug-1988 | 947416 | 5-Aug-1988 | 1481954 | |||||||||||
France | National Trademark | Giorgio | 3 | Soaps, perfumery, essential oils, cosmetics, hair lotions, preparations for the cleaning, care and beautification of the skin, scalp and hair. | Registered | 30-Dec-1998 | 98/766938 | 30-Dec-1998 | 98766938 | |||||||||||
France | National Trademark | Giorgio | 3 | Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. | Registered | 10-Jul-1934 | 294918 | 10-Jul-1934 | 1506906 | |||||||||||
France | National Trademark | Giorgio | 14 | Horlogical instruments such as watches; and fine and costume jewelry such as jewelry chains, necklaces, earings, rings, bracelets, anklets, charms and pendants. | Registered | 22-Apr-1992 | 416019 | 22-Apr-1992 | 92416019 |
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France | National Trademark | Giorgio | 3,14,18,25 | Class 3: Bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices. Class 14: Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and chronometric instruments. Class 18 : Leather and imitations of leather, and goods made from these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery. Class 25 : Clothing, footwear, headgear. |
Registered | 12-Aug-1992 | 92430465 | 12-Aug-1992 | 92430465 | |||||||||||
France | National Trademark | Giorgio | 3 | Soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices | Registered | 7-Apr-1983 | 660659 | 7-Apr-1983 | 1232486 | |||||||||||
France | National Trademark | Giorgio | 3 | Bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices | Registered | 16-Jun-1995 | 95576212 | 16-Jun-1995 | 95576212 | |||||||||||
France | National Trademark | Giorgio | 3 | Soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices | Registered | 12-Jul-1985 | 751518 | 12-Jul-1985 | 1315816 | |||||||||||
France | National Trademark | Giorgio | 25 | class 25 : Clothing, footwear, headgear. |
Registered | 29-Oct-1985 | 765071 | 29-Oct-1985 | 1328727 | |||||||||||
France | National Trademark | Giorgio | 25 | class 25 : Clothing, footwear, headgear. |
Registered | 29-Oct-1985 | 765072 | 29-Oct-1985 | 1328728 | |||||||||||
French Polynesia | National Trademark | Giorgio | 3 | Bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices; toiletry and soap preparations for men and women; namely : perfume, cologne, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 18-Jul-1986 | 806507 | 18-Jul-1986 | 1364016 | |||||||||||
French Polynesia | National Trademark | Giorgio | 3 | Bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices; toiletry and soap preparations for men and women; namely: perfume, cologne, after shave lotion and after shave balm, body moisturizer nd body cream, perfumed soap and gel, and dusting powder. | Registered | 18-Jul-1986 | 806586 | 18-Jul-1986 | 1364015 | |||||||||||
French Polynesia | National Trademark | Giorgio | 3 | Soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices | Registered | 7-Apr-1983 | 660659 | 7-Apr-1983 | 1232486 | |||||||||||
French Polynesia | National Trademark | Giorgio | 3 | Soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices | Registered | 12-Jul-1985 | 751518 | 12-Jul-1985 | 1315816 |
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Gaza | National Trademark | Giorgio | 3 | Bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices. | Registered | 31-Jan-1995 | 2569 | 18-Sep-1995 | 2569 | |||||||||||
Gaza | National Trademark | Giorgio | 25 | Class 25 : Clothing, footwear, headgear. |
Registered | 31-Jan-1995 | 2573 | 18-Sep-1995 | 2573 | |||||||||||
Gaza | National Trademark | Giorgio | 3 | Bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices. | Registered | 31-Jan-1995 | 2568 | 18-Sep-1995 | 2568 | |||||||||||
Gaza | National Trademark | Giorgio | 14 | class 14 stones; horological and chronometric instruments. Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious |
Registered | 31-Jan-1995 | 2571 | 18-Sep-1995 | 2571 | |||||||||||
Gaza | National Trademark | Giorgio | 25 | class 25 : Clothing, footwear, headgear. |
Registered | 31-Jan-1995 | 2572 | 18-Sep-1995 | 2572 | |||||||||||
Gaza | National Trademark | Giorgio | 3 | Bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices. | Registered | 7-Feb-1995 | 2591 | 18-Sep-1995 | 2591 | |||||||||||
Gaza | National Trademark | Giorgio | 3 | Bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices. | Registered | 7-Feb-1995 | 2592 | 18-Sep-1995 | 2592 | |||||||||||
Gaza | National Trademark | Giorgio | 3 | Bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices. | Registered | 7-Feb-1995 | 2590 | 18-Sep-1995 | 2590 | |||||||||||
Gaza | National Trademark | Giorgio | 3 | Bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices. | Registered | 7-Feb-1995 | 2593 | 18-Sep-1995 | 2593 | |||||||||||
Gaza | National Trademark | Giorgio | 3 | Bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices. | Registered | 22-Feb-1995 | 2654 | 10-Nov-1995 | 2654 | |||||||||||
Georgia | National Trademark | Giorgio | 3 | Perfume, toiletry and soap preparations for men and women, namely, cologne, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 31-Jul-1993 | 7750/03 | 1-May-1997 | 5251 | |||||||||||
Georgia | National Trademark | Giorgio | 3 | Perfumery, toilet preparations and soaps for men and women, after shave eau de cologne, lotions and balms; skin moisturizers and creams soaps and gels with perfumed additives, talcum powder. | Registered | 31-Jul-1993 | T1993011019 | 12-Jul-1999 | 12565 | |||||||||||
Georgia | National Trademark | Giorgio | 3 | Perfumery, soaps and toiletries for men and women, in particular, eau de cologne, lotions and after shave balm, moisturizers and creams, soaps and gels with perfumery additions, talcum powder. | Registered | 6-Dec-1993 | AM1993009177 | 12-Sep-2001 | M14009 |
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Germany | National Trademark | Giorgio | 3 | Soaps, perfumery, parfums, scented water, fragrances, scented candles, essential oils, means for body and beauty care; hair lotions; dentifrices. | Registered | 23-Jul-1985 | G32462/3WZ | 14-Jan-1986 | 1086625 | |||||||||||
Germany | National Trademark | Giorgio | 3 | Soaps, perfumeries, Eau de toilette, essential oils, preparations for body and beauty care, shower gels, cosmetic bath additives, body lotions, body creams, deodorants for personal use; hair lotions, dentifrices. | Registered | 18-Oct-1995 | 395423813 | 10-Aug-1996 | 39542381 | |||||||||||
Germany | National Trademark | Giorgio | 3 | Soaps, including perfumed soaps; perfumery, perfumes, cologne, pre after shave lotions, fragrances, scented candles, essential oils; preparations for body and beauty care, in particular preparations for the treatment of the skin before and after shaving, body lotions, body emulsions, body cream, body powder and perfumed gel; deodorants and anti-perspirants for personal use; hair lotions; dentifrices. | Registered | 18-Jul-1986 | G33437/3WZ | 18-Mar-1987 | 1103786 | |||||||||||
Germany | National Trademark | Giorgio | 3 | Soaps, including perfumed soaps; perfumery, perfumes, cologne, pre and after shave lotions, fragrances, scented candles, essential oils; means for body and beauty care, in particular preparations for the treatment of the skin before and after shaving, body lotions, body emulsions, body creams, body powder and perfumed gel; deodorants and anti perspirants for personal use; hair lotions; dentifrices. | Registered | 7-Aug-1986 | G33494/3WZ | 18-Mar-1987 | 1103787 | |||||||||||
Germany | National Trademark | Giorgio | 3 | Soaps, perfumeries, fragrances, essential oils, cosmetics, hair lotions, dentifrices. | Registered | 30-Jul-1988 | G35796/3WZ | 3-May-1989 | 1139030 | |||||||||||
Germany | National Trademark | Giorgio | 3 | Class 3 : Soaps, including perfumed soaps; perfumery, perfumes, colognes, pre and after shave lotions, fragrances, scented candles, essential oils; means for body and beauty care, in particular preparations for the treatment of the skin before and after shaving , body lotions, body emulsions, body creams, body powder and perfumed gel; deodorants and anti-perspirants for personal use; hair lotions; dentifrices. |
Registered | 5-Jul-1990 | DD61247/3 | 25-Feb-1992 | 649428 | |||||||||||
Germany | National Trademark | Giorgio | 3 | Class 3 : Soaps, including perfumed soaps; perfumery, perfumes, colognes, pre and after shave lotions, fragrances, scented candles, essential oils; means for body and beauty care, in particular preparations for the treatment of the skin before and after shaving , body lotions, body emulsions, body creams, body powder and perfumed gel; deodorants and anti-perspirants for personal use; hair lotions; dentifrices. |
Registered | 5-Jul-1990 | DD61248/3 | 25-Feb-1992 | 649429 |
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Germany | National Trademark | Giorgio | 3 | Soaps, including perfumed soaps; perfumery, perfumes, colognes, pre and after shave lotions, fragrances, scented candles, essential oils; means for body and beauty care, in particular preparations for the treatment of the skin before and after shaving , body lotions, body emulsions, body creams, body powder and perfumed gel; deodorants and anti-perspirants for personal use; hair lotions; dentifrices. | Registered | 23-Aug-1990 | 63466/3 | 13-Apr-1992 | DD651367 | |||||||||||
Germany | National Trademark | Giorgio | 3 | Agents for body and beauty care, perfumery, fragrances, perfume candles, essential oils, perfumes. | Registered | 6-Apr-1983 | G30305/3WZ | 30-Nov-1983 | 1056508 | |||||||||||
Germany | National Trademark | Giorgio | 3 | Soaps, perfumeries, perfumes, fragrances, scented candles, essential oils, means for body and beauty care; hair lotio; dentifrices. | Registered | 27-Jun-1985 | G32401/3WZ | 22-Jan-1986 | 1086985 | |||||||||||
Greece | National Trademark | Giorgio | 25 | Womens wearing apparel, namely, dresses for evening and casual wear, skirts, pants, suits, pansuits, blouses, shirts, ties, scarves, handkerchiefs, hats, lingerie, shoes, boots, jackets including leather and suede jackets and fur jackets, coats including leather and suede coats, and fur coats, shawls, wraps, capes, feather boas, sweaters, gloves, maternity wear, robes and swimsuits; and mens wearing apparel namely, suits, sport coats, slacks, jackets, raincoats, topcoats, robes, sweaters, shirts, shoes, boots, ties, scarves, hoisery, hats, belts, and gloves. | Registered | 18-Jul-1986 | 83261 | 18-Apr-1989 | 83261 | |||||||||||
Greece | National Trademark | Giorgio | 3 | Toiletry and preparations for men and women, namely perfume, cologne, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 22-Jul-1986 | 83283 | 18-Apr-1989 | 83283 | |||||||||||
Greece | National Trademark | Giorgio | 3 | Toiletry and preparations for men and women, namely perfume, cologne, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 23-Jul-1986 | 83296 | 18-Apr-1989 | 83296 | |||||||||||
Greece | National Trademark | Giorgio | 3 | Soaps, perfumes, essential oils, cosmetics, hair lotions and dentifrices. | Registered | 23-Nov-1989 | 96565 | 17-Dec-1992 | 96565 | |||||||||||
Greece | National Trademark | Giorgio | 14 | Horological instruments such as watches; and fine and costume jewelry such as jewelry chains, necklaces, earrings, rings, bracelets, anklets charms, and pendants. | Registered | 7-Sep-1992 | 110576 | 17-Aug-1995 | 110576 | |||||||||||
Greece | National Trademark | Giorgio | 3 | Soaps, perfumery, essential oils, cosmetics, hair lotions, beauty preparations; dentifrices | Registered | 19-May-1993 | 114239 | 19-May-1997 | 114239 | |||||||||||
Greece | National Trademark | Giorgio | 3 | Cosmetics, toiletries and fragrances. | Registered | 13-May-1985 | 79824 | 17-Sep-1987 | 79824 | |||||||||||
Greece | National Trademark | Giorgio | 3 | Toiletries, cosmetics and fragrances. | Registered | 22-Aug-1985 | 80583 | 17-Mar-1988 | 80583 |
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Guatemala | National Trademark | Giorgio | 3 | Soaps, shampoos, perfumes, eau de cologne, essential oils, products for body and beauty care, bath and shower gels, talcum powder, bath cosmetics, body lotion, body cream, perfumed cream for the body, deodorants for personal use, hair lotions, shaving cream and after shave cream, dentifrices. | Registered | 29-Jan-1996 | 1996-00516 | 12-Nov-1997 | 87529 | |||||||||||
Guatemala | National Trademark | Giorgio | 3 | Soaps, shampoos, perfumery, toilet water, essential oils, body and beauty care preparations, shower and bath gel, bath powder, additive cosmetics for the bath, body lotions, body creams, perfumed cream for the body; deodorants for personal use, hair lotions, shaving creams, after shave lotions, dentifrices. | Registered | 30-Nov-1998 | 1998-06947 | 31-Jan-2001 | 108640 | |||||||||||
Guatemala | National Trademark | Giorgio | 25 | Clothing, footwear, headgear | Registered | 29-Apr-2011 | 35162011 | 25-May-2012 | 183376 | |||||||||||
Guatemala | National Trademark | Giorgio | 3 | Perfumery, toilet articles and soap preparations for men and women, especially colognes, aftershave lotions and balms, moisturizers and creams for the body; powders, gels and perfumed soaps. | Registered | 21-Jan-1992 | 1992-00263 | 16-Sep-1994 | 73185 | |||||||||||
Honduras | National Trademark | Giorgio | 3 | Bleaching preparations and other substances for laundry use, cleaning preparations for scouring and polishing (abrasive preparations) soaps, perfumery, essential oils, cosmetics, hair lotions dentifrices. | Registered | 9-Nov-1989 | 5338-89 | 27-Apr-1990 | 52250 | |||||||||||
Honduras | National Trademark | Giorgio | 3 | Soaps, perfumery, essential oils, cosmetics and hair lotions. | Registered | 30-Oct-1991 | 8191-91 | 26-Aug-1992 | 56016 | |||||||||||
Honduras | National Trademark | Giorgio | 25 | Clothing, footwear, headgear. | Registered | 16-Jun-2010 | 201018171 | 20-Nov-2013 | 126751 | |||||||||||
Hong Kong | National Trademark | Giorgio | 3 | Soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices, preparations for the cleaning, care and beautification of the skin, scalp and hair, deodorants for personal use | Registered | 5-Oct-1999 | 13987/1999 | 5-Oct-1999 | 2001B00812 | |||||||||||
Hong Kong | National Trademark | Giorgio | 3 | Perfume,cologne and cosmetics and skin care products for men and women after shave lotions and after shave balm, body moisturizer and body cream, perfumed soap and gel, dusting powder, perfumed dry oil mist, body talc, antiperspirant and body shampoo. | Registered | 13-Jan-1996 | 00453/96 | 13-Jan-1996 | 173/1998 | |||||||||||
Hong Kong | National Trademark | Giorgio | 3 | Perfume, cologne & cosmetics & skin care products for men & women, aftershave lotion/balm, body moisturizer/cream, perfumed soap/gel, dusting powder, perfumed dry oil mist, body talc, antiperspirant and body shampoo. | Registered | 14-Feb-1996 | 1909/96 | 14-Feb-1996 | 10149/1997 | |||||||||||
Hong Kong | National Trademark | Giorgio | 3 | Perfumery & fragrances incl. in Cl. 3 | Registered | 28-Jul-1986 | 2764/86 | 28-Jul-1986 | 1991B0050 | |||||||||||
Hong Kong | National Trademark | Giorgio | 3 | Perfumery & fragrances incl. in Class 3 | Registered | 30-Jul-1986 | 2803/86 | 30-Jul-1986 | 1991B1290 | |||||||||||
Hong Kong | National Trademark | Giorgio | 3 | Perfumery & fragrances incl. in Cl. 3 | Registered | 29-Apr-1987 | 2011/87 | 29-Apr-1987 | B3383/1990 | |||||||||||
Hong Kong | National Trademark | Giorgio | 25 | Articles of clothing. | Registered | 11-Mar-1989 | 2054/1989 | 11-Mar-1989 | B3141/1992 | |||||||||||
Hong Kong | National Trademark | Giorgio | 3 | Soaps, perfumes, essential oils, hair lotions, & dentifrices; but not including any of the aforesaid goods coloured red or imparting the colour red. | Registered | 31-Aug-1989 | 6978/89 | 31-Aug-1989 | 5442/1992 |
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Hong Kong | National Trademark | Giorgio | 14 | Horological & chronometric instruments; jewelry, costume jewelry, precious & semi-precious stones. | Registered | 30-Nov-1992 | 92/18663 | 30-Nov-1992 | B9883/1995 | |||||||||||
Hong Kong | National Trademark | Giorgio | 3 | Cosmetics, toiletries & fragrances. | Registered | 17-May-1983 | 1374/83 | 17-May-1983 | 19873061 | |||||||||||
Hungary | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrance, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 17-Apr-1996 | M9601162 | 17-Apr-1996 | 153635 | |||||||||||
Hungary | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrance, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 17-Apr-1996 | M9601164 | 17-Apr-1996 | 150687 | |||||||||||
Hungary | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrance, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 17-Apr-1996 | M9601163 | 17-Apr-1996 | 149446 | |||||||||||
Hungary | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrance, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 23-Apr-1996 | M9601263 | 23-Apr-1996 | 150007 | |||||||||||
Hungary | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrance, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 8-May-1996 | M9601459 | 8-May-1996 | 150260 | |||||||||||
Iceland | National Trademark | Giorgio | 3,25 | Bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices. class 25 : Clothing, footwear, headgear; especially men and women wearing apparel and accessories. |
Registered | 12-Mar-1986 | 159/1986 | 4-Sep-1986 | 482/1986 | |||||||||||
Iceland | National Trademark | Giorgio | 3,25 | Class 3 : Bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices. Class 25 : Clothing, footwear, headgear; especially men and women wearing apparel and accessories. |
Registered | 20-Mar-1986 | 160/1986 | 4-Sep-1986 | 483/1986 |
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Iceland | National Trademark | Giorgio | 3 | Bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices; especially perfume, toiletries and cosmetics. | Registered | 20-Mar-1986 | 158/1986 | 4-Sep-1986 | 481/1986 | |||||||||||
Iceland | National Trademark | Giorgio | 3 | Toiletries and soap preparations for men and women; namely, perfume, cologne, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 21-Jul-1986 | 400/1986 | 20-Mar-1987 | 189/1987 | |||||||||||
India | National Trademark | Giorgio | 25 | Wearing apparel for men and women. | Registered | 12-May-1986 | 453966 | 30-Apr-2005 | 453966 | |||||||||||
India | National Trademark | Giorgio | 3 | cosmetics, perfumes, colognes, body moisturizer and cream, soaps and gels. | Registered | 27-Jan-1997 | 753328 | 27-Jan-1997 | 753328 | |||||||||||
India | National Trademark | Giorgio, Inc. | Giorgio | 3 | Soaps, perfumery, essential oils, cosmetics, hair lotions, dusting powder and dentifrices. | Registered | 12-May-1986 | 453965 | 12-May-1986 | 453965 | ||||||||||
India | National Trademark | Giorgio, Inc. | Giorgio | 3 | Soaps, perfumery, essential oils, cosmetics, hair lotions, dusting powder, dentifrices. | Registered | 21-May-1986 | 454482 | 21-May-1986 | 454482 | ||||||||||
India | National Trademark | Giorgio | 25 | Wearing apparel for men & women. | Registered | 21-May-1986 | 454483 | 21-May-1986 | 454483B | |||||||||||
India | National Trademark | Giorgio, Inc. | Giorgio | 3 | Perfumery, cosmetics and soaps. | Registered | 29-Jul-1986 | 457711 | 29-Jul-1986 | 457711 | ||||||||||
India | National Trademark | Giorgio | 3 | Toilet soaps, perfumery, essential oils, cosmetics, toiletries, preparations for the cleaning, care and beautification of the skin, scalp and hair, deodorants for personal use. | Registered | 11-Apr-2000 | 917271 | 11-Apr-2000 | 917271 | |||||||||||
Indonesia | National Trademark | Giorgio | 14 | Horological instruments such as watches; & fine & costume jewelry such as jewelry chains, necklaces, earrings, rings, bracelets, anklets, charms, & pendants; all goods in CLASS 14 | Registered | 25-Nov-1993 | H4HC0101-15549 | 25-Nov-1993 | IDM000004187 | |||||||||||
Indonesia | National Trademark | Giorgio | 3 | Toiletry & soap preparations for men & women: perfume/cologne,cosmetic body lotions, shampoos, aftershave lotion/balm, perfumed soap/gel, & dusting powder; bleaching preparations & other substances for laundry use; cleaning, polishing, scouring & abrasive preparations; perfumery, essential oils, hair lotions, dentifrices. | Registered | 25-Mar-1994 | H4HC0101-4733 | 9-Jun-1995 | R0013742014 | |||||||||||
Indonesia | National Trademark | Giorgio | 3 | Bleaching preparations, cleaning, polishing, scouring and abrasive preparations. | Registered | 25-Mar-1994 | 4739 | 25-Mar-1994 | R0020141375 | |||||||||||
Indonesia | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, including perfume and cologne, cosmetics, body lotions, shampoos, after shave lotion and after shave balm, perfumed soap and gel, and dusting poweder; bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; perfumery, essential oils, hair lotions, dentifrices | Registered | 31-May-1994 | 9647/94 | 11-Jul-1995 | IDM000107291 |
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Iran | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrances, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 14-Aug-2000 | 7905630 | 11-Nov-2001 | 96304 | |||||||||||
Ireland | National Trademark | Giorgio | 14 | Horological instruments such as watches; and fine and costume jewelry such as jewelry chains, necklaces, earrings, rings, bracelets, anklets charms, and pendants. | Registered | 3-Sep-1992 | 4731/92 | 19-Sep-1994 | 151733 | |||||||||||
Ireland | National Trademark | Giorgio | 3 | Perfumes and colognes; toiletries; toiletry, cosmetics and soap preparations, aftershave lotions and aftershave balms, body moisturisers, body talcs, body shampoos and body creams; perfumed soaps and gels, perfumed dusting powders; deodorants for personal use and anti-perspirants, suntan lotions; all included in Class 3. |
Registered | 18-Oct-1993 | B168241 | 18-Oct-1993 | 168241 | |||||||||||
Ireland | National Trademark | Giorgio | 3 | Perfumes and colognes; toiletries; toiletry, cosmetics and soap preparations, aftershave lotions and aftershave balms, body moisturizers, body talcs, body shampoos and body creams; perfumed soaps and gels, perfumed dusting powders; deodorants for personal use and anti-perspirants, suntan lotions; all included in Class 3. |
Registered | 18-Oct-1993 | B168242 | 18-Oct-1993 | 168242 | |||||||||||
Ireland | National Trademark | Giorgio | 3 | Eau de cologne; aftershave lotions; aftershave balms; toilet preparations, creams for the care of the body; perfumes; soaps; shampoos; essential oils; dentifrices; toilet articles, perfumed articles; all for personal use; all included in Class 3; but not including any of the aforesaid goods coloured red or imparting the colour red. | Registered | 4-Nov-1993 | 5387/93 | 4-Nov-1993 | 158264 | |||||||||||
Ireland | National Trademark | Giorgio | 18 | Travel bags, namely, beach bags, athletic bags, tote bags, carry-on luggage, clutch bags, overnight luggage, bags for travel accessories, shoe bags for travel, trunks for travel, and luggage carts (non-motorized). | Registered | 30-May-1994 | 161738 | 30-May-1994 | 161738 | |||||||||||
Ireland | National Trademark | Giorgio | 18 | Travel bags, namely, beach bags, athletic bags, tote bags, carry-on luggage, clutch bags, overnight luggage, bags for travel accessories, shoe bags for travel, trunks for travel, and luggage carts (non-motorized). | Registered | 30-May-1994 | 3264/94 | 30-May-1994 | B174859 | |||||||||||
Ireland | National Trademark | Giorgio | 18 | Travel bags, namely, beach bags, athletic bags, tote bags, carry-on luggage, clutch bags, overnight luggage, bags for travel accessories, shoe bags for travel, trunks for travel, and luggage carts (non-motorized). | Registered | 30-May-1994 | 161739 | 30-May-1994 | 161739 | |||||||||||
Israel | National Trademark | Giorgio | 3 | Cosmetics, toiletries and perfumes. | Registered | 14-May-1985 | 60953 | 13-Apr-1989 | 60953 | |||||||||||
Israel | National Trademark | Giorgio | 3 | Cosmetics, soaps, toiletries and perfumes. | Registered | 27-Aug-1985 | 61710 | 12-Dec-1990 | 61710 | |||||||||||
Israel | National Trademark | Giorgio | 3 | Cosmetics, toiletries, and perfumes | Registered | 4-Aug-1986 | 64175 | 7-May-1990 | 64175 |
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Israel | National Trademark | Giorgio | 3 | Cosmetics, toiletries and perfumes. | Registered | 4-Aug-1986 | 64176 | 7-May-1990 | 64176 | |||||||||||
Israel | National Trademark | Giorgio | 25 | Clothing. | Registered | 23-Apr-1987 | 66168 | 8-Jan-1991 | 66168 | |||||||||||
Israel | National Trademark | Giorgio | 25 | Clothing. | Registered | 23-Apr-1987 | 66169 | 8-Jan-1991 | 66169 | |||||||||||
Israel | National Trademark | Giorgio | 14 | Horological instruments, watches and jewelry; all included in Class 14. | Registered | 7-Sep-1992 | 84645 | 5-Nov-1997 | 84645 | |||||||||||
Israel | National Trademark | Giorgio | 3 | Perfumes, cologne and toilet water; all included in Class 3. | Registered | 26-Oct-1994 | 95175 | 4-Sep-1997 | 95175 | |||||||||||
Italy | National Trademark | Giorgio | 3 | Perfumery. | Registered | 15-Oct-1985 | 35551-C/85 | 16-Feb-1987 | 1146197 | |||||||||||
Italy | National Trademark | Giorgio | 25 | Clothing, including boots, shoes and slippers. | Registered | 15-Nov-1985 | 35923-C/85 | 18-Feb-1987 | 1146693 | |||||||||||
Italy | National Trademark | Giorgio | 25 | Clothing, including boots, shoes and slippers. | Registered | 15-Nov-1985 | 35924-C/85 | 18-Feb-1987 | 1146694 | |||||||||||
Italy | National Trademark | Giorgio | 3 | Men and women soaps and toilet articles; perfume, Cologne water, after-shave lotion and cream; emollient preparation for the body and cream for the body; perfumed gel and soaps; powder. | Registered | 1-Aug-1986 | 35182C/86 | 1-Apr-1987 | 1219551 | |||||||||||
Italy | National Trademark | Giorgio | 3 | Men and women soaps and toilet articles; perfume, Cologne Water, after-shave lotion and cream; emollient preparation for the body and cream for the body; perfumed gel and soap; powder. | Registered | 1-Aug-1986 | 35181C/86 | 1-Apr-1987 | 1219550 | |||||||||||
Italy | National Trademark | Giorgio | 3 | Soaps, perfumes, essential oils, cosmetics, hair lotions, dentifrices. | Registered | 17-Aug-1988 | 41594-C/88 | 24-Apr-2001 | 1300370 | |||||||||||
Italy | National Trademark | Giorgio | 14 | Horological instruments such as watches; and fine and costume jewelry such as jewelry chains, necklaces, earrings, rings, bracelets, anklets charms, and pendants. | Registered | 30-Apr-1992 | RM92C001803 | 20-Dec-1994 | 1481391 | |||||||||||
Italy | National Trademark | Giorgio | 3 | Cosmetics, perfumes, soaps, essential oils, hair lotion, dentifrices, toilets products. | Registered | 21-Apr-1983 | 33667-C/83 | 3-Nov-1986 | 1531372 | |||||||||||
Jamaica | National Trademark | Giorgio | 18 | Travel bags, namely beach bags, athletic bags, tote bags, carry-on luggage, clutch bags, overnight luggage, bags for travel accessories, shoe bags for travel, trunks for travel, and luggage carts (non-motorized). | Registered | 27-Feb-1995 | B29518 | |||||||||||||
Japan | National Trademark | Giorgio | 3 | Cosmetics, toiletries & fragrances made in U.S.A. | Registered | 13-Apr-1983 | 58/033789 | 24-Dec-1986 | 1917291 | |||||||||||
Japan | National Trademark | Giorgio | 14 | Precious metals; tableware of precious metals; nut-crackers, pepper pots, sugar bowls, saltshakers, egg stands, napkin holders, napkin rings, trays, toothpick stands of precious metal; vases, flower bowls, needle cases, jewel cases, candle extinguishers & candlesticks of precious metal; pouches, shoe decorations, compacts & purses of precio metal; smokers articles of precious metal; presonal ornaments; jewels their raw ores & imitations of jewels; horological instruments; trophies, commemorative shields. | Registered | 30-Jun-1993 | 5-70350 | 25-Dec-1996 | 3232164 |
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Japan | National Trademark | Giorgio | 18 | Leather, Bags, Pouches, Portable toiletry article cases, metal fitting for bags, Purse clasps, umbrellas & parasols, sticks, canes, fittings metal for canes, cane handles, horse-riding equipment, clothing for pets. | Registered | 5-Aug-1994 | 6-80078 | 4-Apr-1997 | 3274277 | |||||||||||
Japan | National Trademark | Giorgio | 3 | soaps, fragrances and flavorings, cosmetics. | Registered | 22-Nov-1995 | 121769 | 25-Jul-1997 | 4034252 | |||||||||||
Japan | National Trademark | PGCo | 14 | Watches. | Registered | 7-Nov-1995 | 7-115551 | 8-Aug-1997 | 4040730 | |||||||||||
Japan | National Trademark | Giorgio | 9 | Spectacles, parts/fittings of glasses/goggles. | Registered | 29-Aug-1995 | 7-88855 | 29-Aug-1997 | 4048449 | |||||||||||
Japan | National Trademark | Giorgio | 9 | Spectacles, parts/fittings of glasses/goggles. | Registered | 29-Aug-1995 | 7-88856 | 29-Aug-1997 | 4048450 | |||||||||||
Japan | National Trademark | Giorgio | 3 | Perfume | Registered | 24-May-1995 | 7-50527 | 29-Aug-1997 | 4048447 | |||||||||||
Japan | National Trademark | Giorgio | 14 | Watches. | Registered | 7-Nov-1995 | 7-115554 | 5-Sep-1997 | 4053528 | |||||||||||
Japan | National Trademark | Giorgio | 14 | Watches | Registered | 7-Feb-1996 | 8-11386 | 20-Feb-1998 | 4116681 | |||||||||||
Japan | National Trademark | Giorgio | 3 | Soaps & the like, perfumery & incenses, cosmetics & toiletries. | Registered | 22-Nov-1995 | 7-121768 | 20-Feb-1998 | 4116672 | |||||||||||
Japan | National Trademark | Giorgio | 3 | soaps & the like, perfumery & incenses, cosmetics & toiletries. | Registered | 5-Sep-1996 | 8-100060 | 17-Apr-1998 | 4136960 | |||||||||||
Japan | National Trademark | Giorgio | 3 | soaps & the like, perfumery & incenses, cosmetics & toiletries. | Registered | 5-Sep-1996 | 8-100059 | 17-Apr-1998 | 4136959 | |||||||||||
Japan | National Trademark | Giorgio | 3 | Soaps and detergents, Dentifrices, Cosmetics and toiletries, Natural perfumery made from plants, Natural perfumery prepared from animal extracts, Synthetic perfumery, Compound perfumery, Food flavorings prepared from essential oils, Incenses and fragrances. | Registered | 16-Oct-1985 | 104879/1985 | 30-Nov-1988 | 2094023 | |||||||||||
Japan | National Trademark | Giorgio | 3 | Perfume & eau de toilette. | Registered | 5-Oct-1991 | 106844/1991 | 21-May-1999 | 4274943 |
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Japan | National Trademark | Giorgio | 24, 25 | International class: 24: Personal articles ofwoven textile [not for wear] Mosquito nets Bedsheets Futon and quilts Futon and quilts cases [linen] Futon ticks [unstuffed futon] Pillowcases [pillow slips] Blankets
International class: 25: Non-Japanese style outerclothing Coats Sweater and the like Shirts and the like Nightwear Underwear [underclothing] Swimwear [bathing suits] Swimming caps [bathing caps] Japanese traditional clothing Aprons [for wear] Collar protectors [for wear] Socks and stockings Puttees and gaiters Fur stoles Shawls Scarves [scarfs] Japanese style socks [Tabi] Japanese style socks [Tabi covers] Gloves and mittens [clothing] Babies` diapers oftextile Neckties Neckerchieves Bandanas [neckerchiefs] Warmth-keeping supporters Mufflers Ear muffs [clothing] Hoods Sedge hats [Suge-gasa] Nightcaps Heat-protection helmets [clothing] Headgear for wear |
Registered | 28-Nov-1985 | 119434/1985 | 30-Jul-1990 | 2244780 |
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Japan | National Trademark | Giorgio | 24, 25 | International class: 24: Personal articles ofwoven textile [not for wear] made in the USA Mosquito nets made in the USA Bedsheets made in the USA Futon and quilts made in the USA Futon and quilts cases [linen] made in the USA Futon ticks [unstuffed futon] made in the USA Pillowcases [pillow slips] made in the USA Blankets made in the USA
International class: 25: Non-Japanese style outerclothing made in the USA Coats made in the USA Sweater and the like made in the USA Shirts and the like made in: the USA Nightwear made in the USA Underwear [underclothing] made in the USA Swimwear [bathing suits] made in the USA Swimming caps [bathing caps] made in the USA Japanese traditional clothing made in the USA Aprons [for wear] made in the USA Collar protectors [for wear] made in the USA Socks and stockings made in the USA Puttees and gaiters made in the USA Fur stoles made in the USA Shawls made in the USA Scarves [scarfs] made in the USA Japanese style socks [Tabi] made in the USA Japanese style socks [Tabi covers] made in the USA Gloves and mittens [clothing] made in the USA Babies` diapers oftextile made in the USA Neckties made in the USA Neckerchieves made in the USA Bandanas [neckerchiefs] made in the USA Warmth-keeping supporters made in the USA Mufflers made in the USA Ear muffs [clothing] made in the USA Hoods made in the USA Sedge hats [Suge-gasa] made in the USA Nightcaps made in the USA Heat-protection helmets [clothing] made in the USA Headgear for wear made in the USA |
Registered | 28-Nov-1985 | 119435/1985 | 30-Jul-1990 | 2244781 | |||||||||||
Japan | National Trademark | Giorgio | 3 | Soaps, perfumery, essential oils, cosmetics, non-medicated toiletries for personal use, preparations for the cleaning, care and beautification of the skin, scalp and hair, deodorants for personal use; pre-&-after shave preparations | Registered | 22-Dec-1999 | 118547/1999 | 11-May-2001 | 4473117 | |||||||||||
Japan | National Trademark | Giorgio | 3 | Soaps, dentifrice, cosmetics, perfumery. | Registered | 30-Jul-1986 | 080273/1986 | 31-Mar-1992 | 2394288 | |||||||||||
Japan | National Trademark | Giorgio | 3 | Soaps, dentifrices, cosmetics, perfumery. | Registered | 30-Jul-1986 | 61-080274 | 31-Mar-1992 | 2394289 | |||||||||||
Jordan | National Trademark | Giorgio | 3 | Toilet soaps, perfumery, essential oils, cosmetics, toiletries, preparations for the cleaning, care and beautification of the skin scalp and hair, deodorants for personal use. | Registered | 1-Dec-1999 | 56015 | 17-Apr-2001 | 56015 | |||||||||||
Jordan | National Trademark | Giorgio | 3 | Perfumes & cosmetics. | Registered | 6-Jun-1993 | 32211 | 6-Jun-1993 | 32211 | |||||||||||
Jordan | National Trademark | Giorgio | 3 | Perfumes and cosmetics. | Registered | 6-Jun-1993 | 32209 | 6-Jun-1993 | 32209 | |||||||||||
Jordan | National Trademark | Giorgio | 3 | Perfumes & cosmetics. | Registered | 6-Jun-1993 | NA | 6-Jun-1993 | 32276 | |||||||||||
Jordan | National Trademark | Giorgio | 25 | Clothes & shoes. | Registered | 3-Apr-1994 | NA | 3-Apr-1994 | 34371 | |||||||||||
Jordan | National Trademark | Giorgio | 25 | Clothes & shoes. | Registered | 3-Apr-1994 | NA | 3-Apr-1994 | 34373 | |||||||||||
Jordan | National Trademark | Giorgio | 3 | Perfumes and cosmetics. | Registered | 3-Apr-1994 | NA | 3-Apr-1994 | 34372 |
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Kazakhstan | National Trademark | Giorgio | 3 | Perfume, toiletry and soap preparations for men and women, namely, cologne, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and talcum powder. | Registered | 20-Sep-1993 | 2181 | 5-Apr-1995 | 1343 | |||||||||||
Kazakhstan | National Trademark | Giorgio | 3 | Perfume, toiletry and soap preparations for men and women, namely, cologne, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and talcum powder. | Registered | 20-Sep-1993 | 2183 | 5-Apr-1995 | 1345 | |||||||||||
Kazakhstan | National Trademark | Giorgio | 3 | Perfume, toiletry and soap preparations for men and women, namely, cologne, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and talcum powder. | Registered | 20-Sep-1993 | 2182 | 5-Apr-1995 | 1344 | |||||||||||
Korea (South) | National Trademark | Giorgio | 3 | Perfume, Eau de cologne, body moisturizers, bath and shower gel, white face powder, body cream and face cream. | Registered | 11-May-1985 | 7800/85 | 8-Jul-1986 | 127038 | |||||||||||
Korea (South) | National Trademark | Giorgio | 3 | Perfume, cologne, body moisturizer, bath & shower gel, dusting powder, body cream, face cream. | Registered | 22-Aug-1985 | 14277/85 | 18-Oct-1986 | 132337 | |||||||||||
Korea (South) | National Trademark | Giorgio | 25 | Beauty suits, stockings, socks, neckties, white shirts, spring coats, rain coats, slacks, sports coats, maternity dresses, sweaters, feather boas, capes, shawls, half coats, over coats, fur coats, suede coats, leather coats, fur jackets, suede jackets, leather jackets, hats and caps, scarfs, neckpieces, sport shirts, polo shirts, undershirts, blouses, pantaloons suits, suits, womens pants, under pants, skirts, evening dresses, belts for clothing, leather belts (clothing), belts of textile, winter gloves, mittens, gloves (clothing), girdles, brassieres, underpanties, chemisettes, chemises, slips, camisoles, corsets, corselets, shorts, casual childrens clothes, casual jackets, casual jumpers, blue jean pants, casual parkas. | Registered | 29-Oct-1985 | 18280/85 | 17-Mar-1987 | 139587 | |||||||||||
Korea (South) | National Trademark | Giorgio | 3 | Perfumes, eau de cologne; body cream; dusting powder; and body talcum powder | Registered | 8-Feb-1996 | 4521/96 | 19-May-1997 | 362432 | |||||||||||
Korea (South) | National Trademark | Giorgio | 14 | Wrist watch, pocket watch, alarm clock, wall clock, electric clock, electronic watch, clock for automobiles, stop watch, watch band, and watch chain. | Registered | 9-Sep-1992 | 25233/92 | 16-Oct-1993 | 276618 | |||||||||||
Korea (South) | National Trademark | Giorgio | 3 | Essential oils, perfumes, common toilet water, skin lotion, eau-de-cologne, hair lotions. | Registered | 28-Jan-1992 | 2003/92 | 31-Dec-1994 | 305052 | |||||||||||
Kosovo | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, including perfume and cologne, cosmetics, body lotions, shampoos, after shave lotion and after shave balm, perfumed soap and gel, and dusting powder. | Registered | 3-Jun-2008 | 789 | 1-Apr-2011 | 2904 | |||||||||||
Kosovo | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, including perfume and cologne, cosmetics, body lotions, shampoos, after shave lotion and after shave balm, perfumed soap and gel, and dusting powder. | Registered | 3-Jun-2008 | 788 | 1-Apr-2011 | 2903 | |||||||||||
Kosovo | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, including perfume and cologne, cosmetics, body lotions, shampoos, after shave lotion and after shave balm, perfumed soap and gel, and dusting powder. | Registered | 3-Jun-2008 | 787 | 1-Apr-2011 | 2902 |
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Kosovo | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, including perfume and cologne, cosmetics, body lotions, shampoos, after shave lotion and after shave balm, perfumed soap and gel, and dusting powder. | Registered | 3-Jun-2008 | 786 | 1-Apr-2011 | 2901 | |||||||||||
Kuwait | National Trademark | Giorgio | 3 | Perfume, toiletry and soap preparations for men and womennamely, cologne, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 30-Oct-1986 | 19545 | 10-Jul-1988 | 18302 | |||||||||||
Kuwait | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and womennamely, perfume, cologne, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel and dusting powder. | Registered | 30-Oct-1986 | 19546 | 10-Jul-1988 | 18303 | |||||||||||
Kuwait | National Trademark | Giorgio | 3 | Perfume, toiletry and soap preparations for men and women, namely, cologne, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 30-Oct-1986 | 19547 | 10-Jul-1988 | 18304 | |||||||||||
Kuwait | National Trademark | Giorgio | 3 | Toilet soaps, perfumery, essential oils, cosmetics, toiletries, preparations for the cleaning, care and beautification of the skin scalp and hair, deodorants for personal use. | Registered | 31-Jul-2000 | 47412 | 22-Jul-2002 | 40593 | |||||||||||
Kuwait | National Trademark | Giorgio | 14 | Watches. | Registered | 8-Jun-1994 | 28854 | 13-Jan-1996 | 26798 | |||||||||||
Kuwait | National Trademark | Giorgio | 14 | Costume and fine jewelry. | Registered | 8-Jun-1994 | 28855 | 14-Jan-1996 | 26799 | |||||||||||
Kuwait | National Trademark | Giorgio | 3 | Perfume, toiletry and soap preparations for men and women, namely, cologne, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 30-Nov-1985 | 18571 | 30-Nov-1985 | 17412 | |||||||||||
Latvia | National Trademark | Giorgio | 3 | Perfumery, soaps and toilet preparations for men and women, namely, Cologne, lotions and after-shave balsams, skin moisturizing preparations and body care creams, soaps and gels with perfumery additives, talcum powder. | Registered | 8-Jun-1993 | M-93-5270 | 1-Aug-1994 | M16499 | |||||||||||
Latvia | National Trademark | Giorgio | 3 | Perfumery, soaps and toilet preparations for men and women, namely, Cologne, lotions and after-shave balsams, skin moisturizing preparations and body care creams, soaps and gels with perfumery additives, talcum powder. | Registered | 8-Jun-1993 | M-93-5272 | 1-Aug-1994 | M16501 | |||||||||||
Latvia | National Trademark | Giorgio | 3 | Perfumery, soaps and toilet preparations for men and women, namely, Cologne, lotions and after-shave balsams, skin moisturizing preparations and body care creams, soaps and gels with perfumery additives, talcum powder. | Registered | 8-Jun-1993 | M-93-5271 | 1-Aug-1994 | M16500 | |||||||||||
Lebanon | National Trademark | Giorgio | 14 | Horological instruments such as watches; and fine and costume jewelry such as jewelry chains, necklaces, earrings, rings, bracelets, anklets, charms, and pendants. | Registered | 5-May-1994 | 448/223552 | 4-May-1994 | 63167 | |||||||||||
Lebanon | National Trademark | Giorgio | 3 | Soaps, perfumeries, essential oils, Cosmetics, hair lotions, dentifrices | Registered | 22-Feb-2013 | 1045 | 22-Feb-2013 | 148290 | |||||||||||
Lebanon | National Trademark | Giorgio | 3 | Soaps, perfumeries, essential oils, cosmetics, hair lotions, dentifrices | Registered | 4-Mar-2013 | 1046 | 4-Mar-2013 | 148423 | |||||||||||
Lebanon | National Trademark | Giorgio | 3 | Soaps, perfumeries, essential oils, Cosmetics, hair lotions, dentifrices | Registered | 5-Mar-2013 | 1047 | 5-Mar-2013 | 148445 |
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Lebanon | National Trademark | Giorgio | 3 | Toilet soaps, perfumery, essential oils, cosmetics, toiletries, preparations for the cleaning, care and beautification of the skin scalp and hair, deodorants for personal use. | Registered | 4-Jan-2000 | 347 | 4-Jan-2000 | 157346 | |||||||||||
Lithuania | National Trademark | Giorgio | 3 | Perfume, toiletry and soap preparations for men and women, namely, cologne, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 16-Jul-1993 | RL9647 | 1-Jun-1994 | 11226 | |||||||||||
Lithuania | National Trademark | Giorgio | 3 | Perfume, toiletry and soap preparations for men and women, namely, cologne, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 16-Jul-1993 | RL9649 | 1-Jun-1994 | 11228 | |||||||||||
Lithuania | National Trademark | Giorgio | 3 | Perfume, toiletry and soap preparations for men and women, namely, cologne, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 16-Jul-1993 | RL9648 | 1-Jun-1994 | 11227 | |||||||||||
Malaysia | National Trademark | Giorgio | 3 | Soaps, perfumery, essential oils, cosmetics, hair lotions. | Registered | 23-Dec-1991 | 1991/8161 | 23-Dec-1991 | 91008161 | |||||||||||
Malaysia | National Trademark | Giorgio | 3 | Toilet soaps, perfumery, essential oils, cosmetics, toiletries, preparations for the cleaning, care and beautification of the skins, scalp and hair, deodorants for personal use. | Registered | 29-Sep-1999 | 1999/9647 | 29-Sep-1999 | 99009647 | |||||||||||
Malaysia | National Trademark | Giorgio | 14 | Horological instruments, watches; fine and costume jewelry, jewelry chains, necklaces, earrings, rings, bracelets, anklets, charms, and pendants | Registered | 24-Mar-1994 | 1994/02162 | 24-Mar-1994 | 94002162 | |||||||||||
Malaysia | National Trademark | Giorgio | 3 | Cosmetics, perfumes, colognes, body moisturizer and cream, soaps and gels. | Registered | 27-Nov-1996 | 1996/14455 | 27-Nov-1996 | 96014455 | |||||||||||
Malaysia | National Trademark | Giorgio | 3 | Perfumery, cosmetics and soaps; all included in Class 3. | Registered | 2-Jul-1987 | 1987/2811 | 2-Jul-1987 | 87002811 | |||||||||||
Malaysia | National Trademark | Giorgio | 3 | Perfumery, cosmetics and soaps; all included in Class 3. | Registered | 2-Jul-1987 | 1987/2809 | 2-Jul-1987 | 87002809 | |||||||||||
Malaysia | National Trademark | Giorgio | 3 | Perfumery, cosmetics and soaps; all included in Class 3 | Registered | 2-Jul-1987 | 1987/2808 | 2-Jul-1987 | 87002808 | |||||||||||
Malaysia | National Trademark | Giorgio | 3 | Perfumery, cosmetics and soaps; all included in class 3. | Registered | 7-Jul-1987 | 1987/2810 | 7-Jul-1987 | 87002810 | |||||||||||
Malta | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women; namely, perfume, cologne, after shave lotion and after shave balm, body moisturizer, body cream, perfumed soap and gel, and dusting powder. | Registered | 9-Oct-1997 | 27720 | 14-Mar-1999 | 27720 | |||||||||||
Malta | National Trademark | Giorgio | 3 | Toilet soaps, perfumery, essential oils, cosmetics, toiletries, preparations for the cleaning, care and beautification of the skin, scalp and hair; deodorants for personal use. | Registered | 9-Nov-1999 | 30879 | 11-Nov-1999 | 30879 | |||||||||||
Mexico | National Trademark | Giorgio | 3 | Cosmetic and perfumery products. | Registered | 28-Aug-1996 | 5930 | 30-Sep-1996 | 13517 |
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Mexico | National Trademark | Giorgio | 3 | Soaps, shampoos, perfumes, toilet water, eau de cologne, eau de perfume, essential oils, body moisturizers, body exfoliants, body revitalizing creams and lotions, bath gel, bath powder, cosmetic additives for the bath, body lotion, body cream, perfume body cream, deodorant for personal use, hair lotions, shaving cream, after shave lotions. | Registered | 24-Oct-1996 | 277865 | 24-Apr-1997 | 546387 | |||||||||||
Mexico | National Trademark | Giorgio | 3 | Cosmetics and perfumery products. | Registered | 29-Aug-1985 | 253728 | 30-Jun-1987 | 328467 | |||||||||||
Mexico | National Trademark | Giorgio | 25 | Footwear excluding clothing. | Registered | 23-Oct-1990 | 99284 | 3-Jul-1996 | 525026 | |||||||||||
Mexico | National Trademark | Giorgio | 3 | Soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. | Registered | 7-Jun-1991 | 114785 | 6-Mar-1996 | 518533 | |||||||||||
Mexico | National Trademark | Giorgio | 3 | Cosmetics and perfumery products, in particular, toilet articles, perfumes, after shave colognes, after shave balm, body creams and toilet powders. | Registered | 28-Aug-1986 | 13657 | 5-Aug-1988 | 351158 | |||||||||||
Mexico | National Trademark | Giorgio | 3 | Cosmetics and perfumery products. | Registered | 26-Jul-1983 | 220608 | 20-Oct-1983 | 293404 | |||||||||||
Mexico | National Trademark | Giorgio | 3 | Cosmetics and perfumery products. | Registered | 18-Aug-1988 | 47408 | 29-Dec-1989 | 371373 | |||||||||||
Mexico | National Trademark | Giorgio | 3 | Cosmetics and perfumery products. | Registered | 7-Sep-1988 | 48437 | 23-Feb-1989 | 359747 | |||||||||||
Mexico | National Trademark | Giorgio | 3 | Cosmetics and perfumery products. | Registered | 6-Jul-1989 | 66364 | 1-Feb-1990 | 372263 | |||||||||||
Mexico | National Trademark | Giorgio | 3 | Soaps, shampoos, perfumes, eau de toilette, eau de cologne, eau de perfume, essential oils, body moisturizers, body exfoliants; creams and lotions for body massage, reductive creams and lotions, revitalizing body creams and lotions, bath gel, bath powder, bath cosmetic additives, body lotion, body cream, body perfumed cream, deodorant for personal use, hair lotions, shaving cream, after shave lotion, dentifrices. | Registered | 26-Oct-1995 | 246555 | 22-Jan-1996 | 514486 | |||||||||||
Mexico | National Trademark | Giorgio | 5,9,10,16,18,21,25 | Class 5: Sanitary diapers for incontinents and belts for sanitary pads. Class 9: Safety clothing (helmet, glasses, goggles). Class 10: Gloves for medical use. Class 16: Disposable diapers. Class 18: Handbags and clothing for animals. Class 21: Gloves for cleaning purposes (domestic). Class 25: All kind of clothing (except for safety and animals). |
Registered | 31-Oct-1985 | 1450 | 16-Dec-1987 | 338767 | |||||||||||
Mexico | National Trademark | Giorgio | 25 | Clothes excluding footwear. | Registered | 31-Oct-1985 | 1451 | 2-Sep-1986 | 316488 | |||||||||||
Mexico | National Trademark | Giorgio | 3 | Soaps, shampoos, perfume, eau de toilette, eau de cologne, eau de parfum, essential oils, body moisturizers, body exfoliates, creams or lotions for body massage, reductive cream or lotions, revitalizing body cream or lotion, bath gel, bath powder, cosmetic bath additives, body lotion, body cream, perfumed body cream, deodorants for personal use, hair lots, shave cream, after shave lotion, dentifrices. | Registered | 27-Nov-1995 | 248821 | 14-Feb-1996 | 516825 |
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Moldova | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrance, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 29-Apr-1996 | 5556 | 16-Sep-1997 | 5071 | |||||||||||
Moldova | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrance, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 29-Apr-1996 | 5555 | 16-Sep-1997 | 5070 | |||||||||||
Moldova | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, including perfume, eau de cologne, essential oils for use as personal fragrance, after shave, lotion and after shave balm, skin moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 10-Jun-1996 | 005547 | 24-Jun-1998 | 5722 | |||||||||||
Montenegro | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrance, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel and dusting powder. | Registered | 20-May-1996 | Z-637/96 | 22-Jan-2013 | 07263PP | |||||||||||
Montenegro | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrance, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 24-May-1996 | Z668/96 | 22-Jan-2013 | 07264PP | |||||||||||
Montenegro | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, including perfume and cologne, cosmetics, body lotions, shampoos, after shave lotion and after shave balm, perfumed soap and gel, and dusting powder. | Registered | 9-May-1991 | Z905/91 | 12-Oct-2012 | 06614PP | |||||||||||
Montenegro | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, including perfume and cologne, cosmetics, body lotions, shampoos, after shave lotion and after shave balm, perfumed soap and gel, and dusting powder. | Registered | 9-May-1991 | Z1991907 | 12-Oct-2012 | 06615PP | |||||||||||
Montenegro | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, including perfume and cologne, cosmetics, body lotions, shampoos, after shave lotion and after shave balm, perfumed soap and gel, and dusting powder. | Registered | 9-May-1991 | Z-908/91 | 7-Nov-2013 | 09008PP | |||||||||||
Montenegro | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, including perfume and cologne, cosmetics, body lotions, shampoos, after shave lotion and after shave balm, perfumed soap and gel, and dusting powder. | Registered | 9-May-1991 | Z906/91 | 27-Sep-2012 | 03768PP | |||||||||||
Morocco | National Trademark | Giorgio | 3 | Toilet soaps, perfumery, essential oils, cosmetics, toiletries, preparations for the cleaning, care and beautification of the skin scalp and hair, deodorants for personal use. | Registered | 25-Nov-1999 | 71609 |
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New Zealand | National Trademark | Giorgio | 14 | Horological instruments incl. watches; jewellery incl. fine & costume jewellery, jewellery chains, necklaces, earrings, rings, bracelets, anklets, charms, & pendants. | Registered | 20-Oct-1993 | 231275 | 20-Oct-1993 | 231275 | |||||||||||
New Zealand | National Trademark | Giorgio | 14 | Horological & chronometric instruments; watches; parts & fittings in this class for the foregoing goods. | Registered | 7-Jan-1994 | 233269 | 7-Jan-1994 | 233269 | |||||||||||
New Zealand | National Trademark | Giorgio | 3 | Soaps, perfumery, essential oils, cosmetics, medicated toilet preps, hair lotions, dentifrices. | Registered | 26-Apr-1985 | 158204 | 26-Apr-1985 | 158204 | |||||||||||
New Zealand | National Trademark | Giorgio | 3 | Soaps, perfumery & fragrances, essential oils, cosmetics and toiletries. | Registered | 3-Sep-1985 | 160796 | 3-Sep-1985 | B160796 | |||||||||||
New Zealand | National Trademark | Giorgio | 3 | Toilet soaps, perfumery, essential oils, cosmetics, toiletries, preparations for the cleaning, care and beautification of the skins, scalp and hair, deodorants for personal use. | Registered | 20-Sep-1999 | 316536 | 20-Sep-1999 | 316536 | |||||||||||
New Zealand | National Trademark | Giorgio | 25 | Womens wearing apparel incl. dresses for evening & casual wear, skirt pants, suits, pantsuits, blouses, shirts, ties, scarves, hats, lingeri shoes, boots, jackets incl. leather & suede jackets & fur jackets, coats, shawls, sraps, capes, feather boas, sweaters, gloves, maternity wear, robes & swimsuits; & mens wearing apparel incl. suits, sport coats, slacks, jackets, rain coats, topcoats, robes, sweaters, shirts, shoes, boots, ties, scarves, hosiery, hats, belts in this class & gloves. | Registered | 30-Oct-1985 | 161826 | 30-Oct-1985 | 161826 | |||||||||||
New Zealand | National Trademark | Giorgio | 25 | Womens wearing apparel incl. dresses for evening & casual wear, skirt pants, suits, pantsuits, blouses, shirts, ties, scarves, hats, lingeri shoes, boots, jackets incl. leather & suede jackets & fur jackets, coats incl. leather & suede coats, & fur coats, shawls, wraps capes, feataher boas, sweaters, gloves, maternity wear, robes & swimsuits; & mens wearing apparel incl. suits, sport coats, slacks, jackets, rain coats, topcoats, robes, sweaters, shirts, shoes, boots, ties, scarves, hosiery, hats, belts & gloves | Registered | 30-Oct-1985 | 161827 | 30-Oct-1985 | 161827 | |||||||||||
New Zealand | National Trademark | Giorgio | 3 | Soaps; perfumery, essential oils, toilet preps, cologne and cosmetics and skin care preps for men and women, including after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, dusting powder, perfumed dry oil mist, body talc, anti-perspirant and body shampoo; hair lotions; dentifrices. | Registered | 22-Nov-1995 | 256164 | 22-Nov-1995 | 256164 |
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New Zealand | National Trademark | Giorgio | 3 | Soaps incl. perfumed soaps & soap preps, perfumery & colognes, essenti oils, cosmetics, toilet preps, incl. after shave lotions & after shave balms, body moisturisers, body creams, gels & dusting powders, hair lotions & dentifrices, all being goods in this class. | Registered | 24-Jul-1986 | 166767 | 24-Jul-1986 | 166767 | |||||||||||
New Zealand | National Trademark | Giorgio | 3 | Soaps including perfumed soaps & soap preparations, perfumery & colognes, essential oils, cosmetics, toilet preparations, including after shave lotions & after shave balms, body moisturizers, body creams, gels & dusting powders, hairlotions & dentifrices, all goods being of this class. | Registered | 24-Jul-1968 | 166768 | 24-Jul-1986 | 166768 | |||||||||||
New Zealand | National Trademark | Giorgio | 3 | Soaps including gels; perfumery, essential oils, toilet preparations, in this class, colognes and cosmetics, body moisturisers and cream, hair lotions; dentifrices. | Registered | 7-Aug-1996 | 265490 | 7-Aug-1996 | 265490 | |||||||||||
New Zealand | National Trademark | Giorgio | 18 | Goods made from leather and imitations of leather & not included in other classes; trunks & travel bags, athletic bags in this class, carry on luggage, travel accessories in this class. | Registered | 7-Aug-1996 | 265491 | 7-Aug-1996 | 265491 | |||||||||||
New Zealand | National Trademark | Giorgio | 3 | Soaps including gels; perfumery, essential oils, toilet preparations, colognes & cosmetics, body moisturizers and cream, hair lotions; dentifrices. | Registered | 9-Aug-1996 | 265615 | 9-Aug-1996 | 265615 | |||||||||||
New Zealand | National Trademark | Giorgio | 18 | Goods made from leather & imitations of leather not included in other classes; trunks & travel bags, athletic bags in this class, carry on luggage, travel accessories in this class. | Registered | 9-Aug-1996 | 265616 | 9-Aug-1996 | 265616 | |||||||||||
New Zealand | National Trademark | Giorgio | 3 | soaps, perfumery, essential oils, cosmetics, hair lotions. | Registered | 11-Oct-1991 | 213568 | 11-Oct-1991 | 213568 | |||||||||||
Nicaragua | National Trademark | Giorgio | 3 | Soaps, perfumery, essential oils, cosmetics and hair lotions. | Registered | 6-Apr-1992 | N/A | 9-Sep-1992 | 22034-CC | |||||||||||
Norway | National Trademark | Giorgio | 14 | Watches; Jewelry and costume jewelry, namely chains, necklaces, earrings, rings, bracelets, anklets, charms, and pendants. | Registered | 9-Dec-1993 | 936054 | 1-May-1995 | 166369 | |||||||||||
Norway | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrance, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 19-Apr-1996 | 962544 | 31-Jul-1997 | 183906 | |||||||||||
Norway | National Trademark | Giorgio | 3 | Bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices. | Registered | 4-Apr-1986 | 861411 | 3-Dec-1987 | 130880 | |||||||||||
Norway | National Trademark | Giorgio | 3 | Bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices. | Registered | 21-Jul-1986 | 862927 | 24-Mar-1988 | 131884 |
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Norway | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrances, after shave lotions and after shave balm, cosmetic moisturizer and body cream, perfumed soaps and gels for body care, talcum powder for toilet use and powder for cosmetic use. | Registered | 11-Apr-1996 | 962366 | 3-Sep-1998 | 192522 | |||||||||||
Norway | National Trademark | Giorgio | 25 | Clothing, footwear, headgear. | Registered | 4-Apr-1986 | 861409 | 20-Oct-1988 | 133869 | |||||||||||
Norway | National Trademark | Giorgio | 3 | Bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices. | Registered | 15-Apr-1986 | 861560 | 20-Oct-1988 | 133871 | |||||||||||
Norway | National Trademark | Giorgio | 3,25 | Class 3: Bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices. class 25 : Clothing, footwear, headgear. |
Registered | 4-Apr-1986 | 861410 | 20-Oct-1988 | 133870 | |||||||||||
Norway | National Trademark | Giorgio | 3 | Toilet soaps, perfumery, essential oils, cosmetics, toiletries, preparations for the cleaning, care and beautification of the skin, scalp and hair, deodorants for personal use. | Registered | 18-Jun-1999 | 199905962 | 7-Oct-1999 | 199797 | |||||||||||
Norway | National Trademark | Giorgio | 3 | Toilet soaps, perfumery, essential oils, cosmetics, toiletries, preparations for the cleaning, care and beautification of the skin scalp and hair, deodorants for personal use. | Registered | 15-Oct-1999 | 199910598 | 8-Jun-2000 | 203219 | |||||||||||
Norway | National Trademark | Giorgio | 3 | Toilet soaps, perfumery, essential oils, cosmetics, toiletries, preparations for the cleaning, care and beautification of the skin scalp and hair, deodorants for personal use. | Registered | 15-Oct-1999 | 199910597 | 30-Nov-2000 | 205832 | |||||||||||
Norway | National Trademark | Giorgio | 3 | Soaps, perfumes, essential oils, cosmetics, hair lotions, and dentifrices. | Registered | 14-Feb-1989 | 890647 | 20-Jun-1991 | 145611 | |||||||||||
Oman | National Trademark | Giorgio | 3 | Toilet soaps, perfumery, essential oils, cosmetics, toiletries, preparations for the cleaning, care and beautification of the skin scalp and hair, deodorants for personal use. | Registered | 21-Nov-1999 | 21284 | 8-Jun-2004 | 21284 | |||||||||||
Oman | National Trademark | Giorgio | 3 | Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery; essential oils; cosmetics; hair lotions; dentifrices. | Registered | 30-Oct-1990 | 4917 | 4-Apr-1999 | 4917 | |||||||||||
Oman | National Trademark | Giorgio | 14 | Horological and chronometric instruments including watches. Cloth accessories made of precious stones, jewelleries including necklaces, precious stones, ear rings, bracelets, leg jewelleries made of precious metals. | Registered | 31-Oct-1993 | 9073 | 25-Nov-2001 | 9073 | |||||||||||
Oman | National Trademark | Giorgio | 3 | Soaps, perfumeries, essential oils, preparations for body and beauty care, hair lotions, dentifrices. | Registered | 9-Apr-1994 | 9710 | 16-Jul-2001 | 9710 | |||||||||||
Oman | National Trademark | Giorgio | 3 | Soaps, perfumeries, essential oils, preparations for body and beauty care, hair lotions, dentifrices. | Registered | 9-Apr-1994 | 9711 | 16-Jul-2001 | 9711 | |||||||||||
Oman | National Trademark | Giorgio | 3 | Soaps, perfumeries, essential oils, preparations for body and beauty care, hair lotions, dentifrices. | Registered | 9-Apr-1994 | 9712 | 16-Jul-2001 | 9712 | |||||||||||
Oman | National Trademark | Giorgio | 3 | Soaps, perfumeries, essential oils, preparations for body and beauty care, hair lotions, dentifrices. | Registered | 9-Apr-1994 | 9709 | 16-Jul-2001 | 9709 | |||||||||||
Pakistan | National Trademark | Giorgio | 3 | Perfumery, cosmetics, tanning lotions, and sprays, hair preparations being goods included in Class 3. | Registered | 23-Oct-1988 | 100198 | 30-Jun-2011 | 100198 |
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Pakistan | National Trademark | Giorgio | 3 | Toilet soaps, perfumery, essential oils, cosmetics, toiletries, preparations for the cleaning, care and beautification of the skin, scalp and hair, deodorants for personal use. | Registered | 11-Nov-1999 | 158811 | 3-Aug-2006 | 158811 | |||||||||||
Pakistan | National Trademark | Giorgio | 3 | Perfumery, cosmetics, tanning lotions and sprays, hair shampoos and other hair preparations being goods included in Class 3. | Registered | 23-Oct-1988 | 100199 | 11-Oct-1995 | 100199 | |||||||||||
Pakistan | National Trademark | Giorgio | 3 | Perfumery, cosmetics, tanning lotions, and sprays, hair shampoos and other hair preparations being goods included in Class 3. | Registered | 23-Oct-1988 | 100211 | 23-Oct-1988 | 100211 | |||||||||||
Panama | National Trademark | Giorgio | 3 | Soap preparations and women/men toiletry articles, mainly, perfume, cologne, essential oils to be used as personal fragrance, after shave lotion and balm, body moisturizer and body cream, perfumed soap and gel, and talcum powder. | Registered | 21-May-1996 | 80961 | 21-May-1996 | 80961 | |||||||||||
Panama | National Trademark | Giorgio | 3 | Soaps, shampoos, perfumes, toilet water, essential oils, preparations for body and beauty care, bath and shower gel, body powder, cosmetics products for the bath, body lotion, body cream, perfumed cream for the body, deodorants for personal use, hair lotions, shaving creams and lotions, dentifrices. | Registered | 21-Nov-1996 | 084306 | 21-Nov-1996 | 84306 | |||||||||||
Panama | National Trademark | Giorgio | 25 | Clothing, footwear, headgear. | Registered | 22-Feb-2010 | 187845 | 22-Feb-2010 | 187845 | |||||||||||
Panama | National Trademark | Giorgio | 3 | Shower preparations and soaps for men and women, such as cologne, after-shave lotion and after-shave balsam, moisturizers for the body and body creams, perfumed soap and gel and loose powder. | Registered | 24-Jan-1991 | 55588 | 23-Mar-1992 | 55588 | |||||||||||
Paraguay | National Trademark | Giorgio | 3 | Class 3 : Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; specifically soaps,perfumery, essential oils, cosmetics,scalp lotions; dentifrices. |
Registered | 16-Sep-1989 | 13792 | 19-Jun-1997 | 305898 | |||||||||||
Paraguay | National Trademark | Giorgio | 3 | Class 3 : Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; specifically, perfumery, toilet water and cosmetics for men and women, including after shave lotion and balm, moisturizer and body cream, perfumed soap and gel, powder, perfumed moisturizer, body powder, antiperspirant and shampoo for the body. |
Registered | 11-Feb-1992 | 44588 | 17-Feb-1998 | 200405 | |||||||||||
Paraguay | National Trademark | Giorgio | 3 | Class 3 : Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices; specifically, perfumery, cologne water and cosmetics for men and women, including after shave lotion and balm; body moisturizer and cream; perfumed soap and gel; powder, perfumed moisturizer, body talc, antiperspirant and shampoo for the body. |
Registered | 10-Jan-1989 | 258-89 | 13-Apr-1998 | 202061 |
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Paraguay | National Trademark | Giorgio | 3 | Class 3 : Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. |
Registered | 11-Oct-1991 | 14221 | 31-Mar-1992 | 365991 | |||||||||||
Paraguay | National Trademark | Giorgio | 3 | Class 3 : Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices; specifically, perfume, cologne and cosmetics for men and women, including after shave cream and lotion; body moisturizer and cream, perfumed soap and gel, powder, oily moisturizer dried perfumed, body powder, antiperspirant and shampoo for the body. |
Registered | 11-Feb-1992 | 1704-92 | 24-Jul-1992 | 380346 | |||||||||||
Peru | National Trademark | Giorgio | 3 | Class 3 : Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. |
Registered | 23-Nov-1995 | 285426 | 12-Feb-1996 | 23366 | |||||||||||
Peru | National Trademark | Giorgio | 3 | Class 3 : Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps, perfumery, essential oils, cosmetics, hair lotions; dentifrices, specifically, perfumery, cosmetics, colognes, soaps, shampoos, and body creams. |
Registered | 6-Nov-1995 | 283841 | 5-Mar-1996 | 23850 | |||||||||||
Peru | National Trademark | Giorgio | 25 | Class 25: Clothing, footwear, headgear. | Registered | 22-Jul-1994 | 247345 | 25-Mar-1996 | 25637 | |||||||||||
Peru | National Trademark | Giorgio | 3 | Class 3 : Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. |
Registered | 2-Sep-1986 | 109373 | 19-Aug-1997 | 38323 | |||||||||||
Peru | National Trademark | Giorgio | 3 | Class 3 : Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. |
Registered | 2-Sep-1986 | 109376 | 27-Feb-1987 | 64924 | |||||||||||
Peru | National Trademark | Giorgio | 3 | Class 3 : Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. |
Registered | 29-Nov-1994 | 247137 | 29-Nov-1994 | 11754 | |||||||||||
Peru | National Trademark | Giorgio | 3 | Personal cleaning products, toiletries; beauty and perfumery articles; detergents in powder form; soaps; abrasive preparations; essential oils, cosmetics, hair lotions, dentifrices. | Registered | 17-Apr-1989 | 153383 | 18-Jun-1990 | 85703 | |||||||||||
Philippines | National Trademark | Giorgio | 3 | Perfume, toiletry and soap preparations for men and women-namely, cologne, after shave lotion and after shave balm, body moisturizer & body cream, perfumed soap & gel, & dusting powder. | Registered | 18-Jul-1986 | 59407 | 29-May-1990 | 48286 |
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Poland | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrance, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 12-Apr-1996 | Z158554 | 18-Dec-1998 | 108271 | |||||||||||
Poland | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrance, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 15-Apr-1996 | Z158621 | 18-Jan-1999 | 109067 | |||||||||||
Poland | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrance, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 15-Apr-1996 | Z158622 | 18-Jan-1999 | 109066 | |||||||||||
Poland | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrance, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 16-Apr-1996 | Z158663 | 16-Dec-1998 | 108185 | |||||||||||
Poland | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrance, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 22-Apr-1996 | Z-158882 | 17-Feb-1999 | 109549 | |||||||||||
Portugal | National Trademark | Giorgio | 18 | TRAVEL BAGS, INCLUDING BEACH BAGS, SPORTS BAGS, SHOPPING BAGS, CARRIER BAGS, HANDBAGS, GARMENT BAGS FOR TRAVEL, BAGS FOR TRAVEL ACCESSORIES, TRAVEL SHOE BAGS, TRAVEL TRUNKS. | Registered | 27-Jun-1994 | 301515T | 8-Jan-1999 | 301515 | |||||||||||
Portugal | National Trademark | Giorgio | 14 | Horological instruments such as watches; and fine and costume jewelry such as jewelry chains, necklaces, earrings, rings, bracelets, anklets, charms, and pendants. | Registered | 8-Oct-1992 | 286547 | 9-Jun-1994 | 286547 | |||||||||||
Portugal | National Trademark | Giorgio | 18 | Travel bags including beach bags, athletic bags, tote bags, carry-on luggage, clutch bags, overnight luggage, bags for travel accessories, shoe bags for travel, trunks for travel (all these products not included in other classes. | Registered | 27-Jun-1994 | 301516U | 6-Jul-1995 | 301516 | |||||||||||
Qatar | National Trademark | Giorgio | 3 | Perfumery, cosmetics and soaps. | Registered | 23-Jul-1986 | NA | 22-Apr-1991 | 5480 | |||||||||||
Qatar | National Trademark | Giorgio | 3 | Perfumery, cosmetics and soaps. | Registered | 23-Jul-1986 | NA | 22-Apr-1991 | 5479 | |||||||||||
Qatar | National Trademark | Giorgio | 3 | Perfumery, cosmetics and soaps. | Registered | 23-Jul-1986 | NA | 22-Apr-1991 | 5481 | |||||||||||
Qatar | National Trademark | Giorgio | 3 | Toilet soaps, perfumery, essential oils, cosmetics, toiletries, preparations for the cleaning, care and beautification of the skin scalp and hair, deodorants for personal use. | Registered | 14-Nov-1999 | 21663 | 5-Jan-2006 | 21663 |
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Qatar | National Trademark | Giorgio | 14 | Horological instruments such as watches; & fine & costume jewelry such as jewelry chains, necklaces, earrings, rings, bracelets, anklets, charms, & pendants. | Registered | 23-Oct-1993 | 11308 | 14-Mar-2001 | 11308 | |||||||||||
Qatar | National Trademark | Giorgio | 3 | Cosmetics, toiletries, and fragrances. | Registered | 24-Sep-1985 | NA | 6-Jun-1990 | 5102 | |||||||||||
Romania | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrance, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 24-Apr-1996 | 39518 | 24-Apr-1996 | 29966 | |||||||||||
Romania | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrance, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 17-May-1996 | 39519 | 17-May-1996 | 32648 | |||||||||||
Romania | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrance, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 28-May-1996 | 39559 | 28-May-1996 | 30832 | |||||||||||
Romania | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrance, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 28-May-1996 | 39562 | 28-May-1996 | 27232 | |||||||||||
Romania | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrance, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 28-May-1996 | 39560 | 28-May-1996 | 30833 | |||||||||||
Russian Federation | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrance, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 23-Apr-1996 | 96705192 | 16-Nov-1998 | 169228 | |||||||||||
Russian Federation | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrance, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 17-May-1996 | 96706196 | 31-Jul-1997 | 155127 | |||||||||||
Russian Federation | National Trademark | Giorgio | 3 | Perfume, toiletry and soap preparations for men and women, namely, eau de cologne, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 14-Mar-1989 | 112046 | 16-Oct-1989 | 86776 |
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Russian Federation | National Trademark | Giorgio | 3 | Perfumes, toiletry and soap preparations for men and women, namely, eau de cologne, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 14-Mar-1989 | 112045 | 20-Nov-1989 | 87157 | |||||||||||
Russian Federation | National Trademark | Giorgio | 3 | Perfume, toiletry and soap preparations for men and women, namely, cologne, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 14-Mar-1989 | 112047 | 16-Oct-1989 | 86777 | |||||||||||
Saudi Arabia | National Trademark | Giorgio | 3 | Toilet soaps, perfumery, essential oils, cosmetics, toiletries, preparations for the cleaning, care and beautification of the skin scalp and hair, deodorants for personal use. | Registered | 24-Nov-1999 | 61144 | 9-Aug-2000 | 535/100 | |||||||||||
Saudi Arabia | National Trademark | Giorgio | 3 | Perfume, cologne and cosmetics and skin care products for men and women, namely after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, dusting powder, perfumed dry oil mist, body talc, antiperspirant and body shampoo. | Registered | 18-Sep-1993 | 22336 | 11-Jun-1994 | 310/17 | |||||||||||
Saudi Arabia | National Trademark | Giorgio | 14 | Horological instruments such as watches; and fine and costume jewelry such as jewelry chains, necklaces, earrings, rings, bracelets, anklets, charms and pendants. | Registered | 16-Jan-1993 | NA | 26-Sep-1993 | 292/5 | |||||||||||
Saudi Arabia | National Trademark | Giorgio | 3 | Perfume, cologne and cosmetics and skin care products for men and women, namely after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, dusting powder, perfumed dry oil mist, body talc, antiperspirant and body shampooin Class 3. | Registered | 5-Dec-1995 | 31940 | 31-Aug-1998 | 141601472 | |||||||||||
Saudi Arabia | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women; namely : perfume, cologne, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 23-Aug-1986 | NA | 18-Apr-1987 | 140600944 | |||||||||||
Serbia | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrance, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel and dusting powder. | Registered | 20-May-1996 | Z-637/96 | 8-Oct-1998 | 41780 | |||||||||||
Serbia | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrance, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 24-May-1996 | Z668/96 | 25-Dec-1998 | 42290 | |||||||||||
Serbia | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, including perfume and cologne, cosmetics, body lotions, shampoos, after shave lotion and after shave balm, perfumed soap and gel, and dusting powder. | Registered | 9-May-1991 | Z905/91 | 10-Jun-1994 | 38051 |
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Serbia | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, including perfume and cologne, cosmetics, body lotions, shampoos, after shave lotion and after shave balm, perfumed soap and gel, and dusting powder. | Registered | 9-May-1991 | Z90791 | 10-Jun-1994 | 38053 | |||||||||||
Serbia | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, including perfume and cologne, cosmetics, body lotions, shampoos, after shave lotion and after shave balm, perfumed soap and gel, and dusting powder. | Registered | 9-May-1991 | Z-90891 | 10-Jun-1994 | 38054 | |||||||||||
Serbia | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, including perfume and cologne, cosmetics, body lotions, shampoos, after shave lotion and after shave balm, perfumed soap and gel, and dusting powder. | Registered | 9-May-1991 | Z90691 | 10-Jun-1994 | 38052 | |||||||||||
Singapore | National Trademark | Giorgio | 3 | Cosmetics, perfumes, colognes, body moisturizer and creams, soaps and gels; all included in Class 3. | Registered | 12-Sep-1996 | 1996/9739 | 12-Sep-1996 | T9609739J | |||||||||||
Singapore | National Trademark | Giorgio | 18 | Garment bags for travel, pouches of leather, purses, cases of leather for passports, money belts, vanity cases made of leather; all being accessories for travel. | Registered | 12-Sep-1996 | 9740/96 | 12-Sep-1996 | T9609740D | |||||||||||
Singapore | National Trademark | Giorgio | 3 | essential oils, fragrances,sprays, perfumeries, deodorants for personal use, soaps, shower gels, preparations for body and beauty care; skin & hair care preparations, facial moisturizers, shampoos, conditioners, hair lotions; dentifrices, non-medicated mouthwashes. | Registered | 6-Mar-1999 | 99/03969 | 6-Mar-1999 | 1999/03969 | |||||||||||
Singapore | National Trademark | Giorgio | 3 | Toilet soaps, perfumery, essential oils, cosmetics, toiletries, preparations for the cleaning, care and beautification of the skin, scalp and hair, deodorants for personal use. | Registered | 31-Aug-2000 | T00/16567E | 31-Aug-2000 | T00/16567E | |||||||||||
Singapore | National Trademark | Giorgio | 14 | horological instruments, watches; costume jewelry, jewelry chains, necklaces, earrings, rings, bracelets, anklets, charms, & pendants. | Registered | 5-Sep-1992 | 6805/92 | 5-Sep-1992 | 6805/92 | |||||||||||
Singapore | National Trademark | Giorgio | 3 | Cosmetics, toiletries and fragrances. | Registered | 14-Oct-1985 | 85/4673 | 14-Oct-1985 | 85/4673 | |||||||||||
Singapore | National Trademark | Giorgio | 25 | Womens wearing apparel, namely, dresses for evening and casual wear, skirts, pants, suits, pant-suits, blouses, shirts, ties, scarves, handkerchiefs, hats, lingerie, shoes, boots, jackets including leather and suede coats, and fur coats, shawls, wraps, capes, feather boas, sweaters, gloves, maternity wear , robes and swimsuits; and mens wearing apparel, namely, suits, sport coats, slacks, jackets, raincoat topcoats, robes, sweaters, shirts, shoes, boots, ties, scarves, hoiser hats, belts and gloves. | Registered | 12-Nov-1985 | 85/5104 | 12-Nov-1985 | 85/5104 |
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Singapore | National Trademark | Giorgio | 25 | Womens wearing apparel, namely dresses for evening and casual wear, skirts, pants, suits, pant-suits, blouses, shirts, ties, scarves, handkerchiefs, hats, lingerie, shoes, boots, jackets including leather and suede coats, and fur coats, shawls, wraps capes, feather boas, sweaters, gloves, maternity wear, robes and swimsuits; and mens weari apparel, namely, suits, sport coats, slacks, jackets, raincoats, topcoats, robes, sweaters, shirts, shoes, boots, ties, scarves, hoiser hats, belts, and gloves. | Registered | 12-Nov-1985 | 85/5105 | 12-Nov-1985 | 85/5105 | |||||||||||
Singapore | National Trademark | Giorgio | 3 | Fragrances, cosmetics and toiletries. | Registered | 17-May-1986 | S/2013/86 | 17-May-1986 | 2013/86 | |||||||||||
Singapore | National Trademark | Giorgio | 3 | Fragrances, cosmetics and toiletries. | Registered | 17-May-1986 | S/2012/86 | 17-May-1986 | 2012/86 | |||||||||||
Singapore | National Trademark | Giorgio | 3 | Cosmetics, toiletries and fragrances. | Registered | 22-Apr-1983 | S/2105/83 | 22-Apr-1983 | T8302105F | |||||||||||
Singapore | National Trademark | Giorgio | 3 | Fragances, cosmetics and toiletries. | Registered | 16-Nov-1995 | T95/11050D | 16-Nov-1995 | T95/11050D | |||||||||||
Singapore | National Trademark | Giorgio | 3 | Perfumes, colognes and cosmetics and skin care products for men and women, namely after shave lotions and after shave balms, body moisturizers and body creams, perfumed soaps and gels, dusting powders, body talc, antiperspirants and body shampoos; all included in Class 3. | Registered | 24-Nov-1995 | T95/11387B | 24-Nov-1995 | T95/11387B | |||||||||||
Slovakia | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrance, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 23-Apr-1996 | 1046-96 | 19-Apr-1999 | 185002 | |||||||||||
Slovakia | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrance, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 23-Apr-1996 | 1044-96 | 19-Apr-1999 | 185000 | |||||||||||
Slovakia | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrance, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 15-May-1996 | 1300-96 | 15-Mar-1999 | 184744 | |||||||||||
Slovenia | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrance, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 15-Apr-1996 | 9670517 | 18-Feb-1997 | 9670517 | |||||||||||
Slovenia | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrance, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 15-Apr-1996 | 9670516 | 18-Feb-1997 | 9670516 |
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Slovenia | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrance, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 24-Apr-1996 | Z-9670573 | 6-Oct-1997 | 9670573 | |||||||||||
Slovenia | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrance, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 24-Apr-1996 | Z-9670574 | 6-Oct-1997 | 9670574 | |||||||||||
Slovenia | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrance, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 6-May-1996 | 9670605 | 17-Feb-1997 | 9670605 | |||||||||||
South Africa | National Trademark | Giorgio | 3 | Perfume, cologne and cosmetics and skin care products for men and women, namely aftershave lotion and aftershave balm, body moisturizer and body cream, perfumed soap and gel, dusting powder, perfumed dry oil mist, body talc, antiperspirant and body shampoo. | Registered | 13-Nov-1995 | 95/15186 | 3-Nov-1998 | 95/15186 | |||||||||||
South Africa | National Trademark | Giorgio | 3 | Perfume, cologne and cosmetics and skin care products for men and women, namely after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, dusting powder, perfumed dry oil mist, body talc, antiperspirant and body shampoo. | Registered | 6-Dec-1995 | 95/16176 | 8-Oct-1998 | 95/16176 | |||||||||||
South Africa | National Trademark | Giorgio | 3 | Perfume, toiletry and soap preparations for men and women, including cologne, after-shave lotion, after-shave balm, body moisturizer, body cream, perfumed soap and gel, and dusting powder. | Registered | 27-May-1986 | 86/3494 | 23-Dec-1993 | 86/3494 | |||||||||||
South Africa | National Trademark | Giorgio | 3 | Perfume, toiletry and soap preparations for men and women, including cologne, after-shave lotion, after-shave balm, body moisturizer, body cream, perfumes soap and gel, and dusting powder. | Registered | 27-May-1986 | 86/3498 | 24-Nov-1993 | 86/3498 | |||||||||||
South Africa | National Trademark | Giorgio | 3 | Perfume, toiletry and soap preparations for men and women, including cologne, after-shave lotion, after-shave balm, body moisturizer, body cream, perfumed soap and gel, and dusting powder. | Registered | 27-May-1986 | 86/3499 | 8-Aug-1994 | 86/3499 | |||||||||||
South Africa | National Trademark | Giorgio | 3 | Pefume, toiletry and soap preparations for men and women, including cologne, after-shave lotion, after-shave balm, body moisturizer, body cream, perfumed soap and gel, and dusting powder. | Registered | 27-May-1986 | 86/3496 | 7-Jul-1993 | 86/3496 | |||||||||||
South Africa | National Trademark | Giorgio | 3 | Toilet soaps, perfumery, essential oils, cosmetics, toiletries, preparations for the cleaning, care and beautification of the skin scalp and hair, deodorants for personal use. | Registered | 16-Nov-1999 | 9921211 | 16-Nov-1999 | 99/21211 | |||||||||||
Spain | National Trademark | Giorgio | 3 | Bleaching preparations and other substances for laundry use, cleaning, polishing, degreasing, abrasive preparations, soaps, perfumery, essen- tial oils, cosmetics, hair lotions, dentifrices. | Registered | 26-Aug-1986 | 1158723 | 20-Dec-1988 | 1158723 |
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Spain | National Trademark | Giorgio | 3 | Bleaching preparations and other laundry substances, cleaning, poli- shing and abrasive preparations; soaps; essential oils, cosmetics, hair lotions; dentifrices. | Registered | 26-Dec-1986 | 1174353 | 12-May-1992 | 1174353 | |||||||||||
Spain | National Trademark | Giorgio | 25 | Womens clothing apparel, namely, dresses for evening and casual wear, skirts, pants, suits, pantsuits, blouses, shirts, ties, scarves, handkerchiefs, hats, lingerie, shoes, boots, jackets including leather and sueds jackets and fur jackets, coats including leather and suede coats, and fur coats, shawls, wraps, capes, feather boas, sweaters, gloves, maternity wear, robes and swimsuits; and mens wearing apparel namely, suits, sport coats, slacks; jackets, raincoats, topcoats, robes, sweaters, shirts, shoes, boots, ties, scarves, hoisery, hats, belts, and gloves. | Registered | 13-Nov-1985 | 1124175 | 6-Nov-1997 | 1124175 | |||||||||||
Spain | National Trademark | Giorgio | 3 | Soaps, perfumes, essential oils, cosmetics, hair lotions and dentifrices. | Registered | 19-Sep-1988 | 1273641 | 5-Dec-1989 | 1273641 | |||||||||||
Spain | National Trademark | Giorgio | 14 | Horological instruments such as watches, and fine costume jewelry such as jewelry chains, necklaces, earrings, rings, bracelets, anklets charms and pendants. | Registered | 25-Sep-1992 | 1722112 | 5-Jun-1995 | 1722112 | |||||||||||
Spain | National Trademark | Giorgio | 3 | Colognes and perfumes. | Registered | 26-Jul-1994 | 1915420 | 3-Feb-1995 | 1915420 | |||||||||||
Suriname | National Trademark | Giorgio | 3 | Soaps, perfumery, essential oils, cosmetics, hair lotions. | Registered | 17-Dec-1991 | NA | 17-Dec-1991 | 13046 | |||||||||||
Sweden | National Trademark | Giorgio | 3 | Perfume, toiletries, cosmetics, namely perfume toiletry and soap preparations for men and women; aftershave lotion and aftershave balm, body moisturizer and body cream; perfumed soap and gel, and dusting powder. | Registered | 23-Apr-1986 | 8603212 | 14-Feb-1992 | 230145 | |||||||||||
Sweden | National Trademark | Giorgio | 3 | Perfumery products, soaps, after shave lotion and after-shave balm, non-medicated cosmetic products. | Registered | 18-Jul-1986 | 8605430 | 14-Feb-1992 | 230146 | |||||||||||
Sweden | National Trademark | Giorgio | 3 | Perfume, toiletry and soap preparations for men and women, namely, cologne, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 19-Mar-1986 | 8602191 | 21-Feb-1992 | 230435 | |||||||||||
Sweden | National Trademark | Giorgio | 3 | Perfume, toiletry and soap preparations for men and women; namely cologne, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 19-Mar-1986 | 8602192 | 21-Feb-1992 | 230436 | |||||||||||
Sweden | National Trademark | Giorgio | 3 | Soaps, perfumery, ethereal oils, cosmetics, hair lotions, dentifrices. | Registered | 3-Oct-1988 | 88-08369 | 20-Mar-1992 | 231562 | |||||||||||
Sweden | National Trademark | Giorgio | 25 | All goods in class 25, ie : Clothing, footwear, headgear. |
Registered | 10-Feb-1991 | 9108380 | 17-Jul-1992 | 237825 |
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Switzerland | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrance, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 3-Apr-1996 | 02426/1996 | 3-Apr-1996 | 436575 | |||||||||||
Switzerland | National Trademark | Giorgio | 3,25 | Class 3 : Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. Class 25 : Womens wearing apparel, in particular evening dresses, casual wear, skirts, pants, suits, pantsuits, blouses, shirts, scarves, handkerchieves, hats, lingerie, shoes, boots, jackets, leather jackets, suede jackets, fur jackets, shawls, stoles, feather boas, capes, sweaters, gloves, maternity wear, robes, swimsuits; mens wearing apparel, in particular suits, jackets, sports jackets, slacks, raincoats, topcoats, capes, sweaters, shirts, shoes, boots, scarves, shawls, hosiery, hats, belts, gloves. |
Registered | 5-May-1986 | 6612/85 | 5-May-1986 | 349514 | |||||||||||
Switzerland | National Trademark | Giorgio | 3 | Preparations for body and beauty care, namely perfumes, cologne, after shave lotions and balms, moisturizing creams and lotions, soaps including liquid soaps and gels, shampoos, body and face powder. | Registered | 18-Jul-1986 | 4529/86 | 18-Jul-1986 | 354161 | |||||||||||
Switzerland | National Trademark | Giorgio | 3 | Toilet soaps, perfumery, essential oils, cosmetics, toiletries, preparations for the cleaning, care and beautification of the skin, scalp and hair, deodorants for personal use. | Registered | 14-Jul-1997 | 5274/1997 | 20-Jan-1998 | 447869 | |||||||||||
Switzerland | National Trademark | Giorgio | 3 | Toilet soaps, perfumery, essential oils, cosmetics, toiletries, preparations for the cleaning, care and beautification of the skin, scalp and hair, deodorants for personal use. | Registered | 21-Jul-1998 | 5955/1998 | 25-Feb-1999 | 459107 | |||||||||||
Switzerland | National Trademark | Giorgio | 3 | Soaps, perfumes, essential oils, cosmetics, hair lotions and dentifrices. | Registered | 9-Aug-1988 | 5662 | 8-Feb-1989 | 368575 | |||||||||||
Switzerland | National Trademark | Giorgio | 3 | Toilet soaps, perfumery, essential oils, cosmetics, toiletries, preparations for the cleaning, care and beautification of the skin, scalp and hair, deodorants for personal use. | Registered | 16-Jun-1999 | 5274/1999 | 10-Nov-1999 | 466568 | |||||||||||
Switzerland | National Trademark | Giorgio | 3 | Toilet soaps, perfumery, essential oils, cosmetics, toiletries, preparations for the cleaning, care and beautification of the skin, scalp and hair, deodorants for personal use. | Registered | 23-Jun-1999 | 5501/1999 | 24-Mar-2000 | 470758 | |||||||||||
Switzerland | National Trademark | Giorgio | 3 | Toilet soaps, perfumery, essential oils, cosmetics, toiletries, preparations for the cleaning, care and beautification of the skin, scalp and hair, deodorants for personal use. | Registered | 23-Jun-1999 | 5502/1999 | 24-Mar-2000 | 470759 | |||||||||||
Switzerland | National Trademark | Giorgio | 14 | Horological instruments such as watches; (fine and costume) jewelry such as chains, necklaces, earrings, rings, bracelets, anklets, charms and pendants, all aforementioned products originating from the U.S.A. | Registered | 9-Mar-1992 | 2124/1992.5 | 11-Nov-1992 | 397200 |
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Switzerland | National Trademark | Giorgio | 3 | Preparations for body and beauty care, in particular perfumery, eau de cologne, skin lotion, creams and moisturizers, bath and shower gel, dusting powder, perfumed soaps, after-shave lotion and after-shave balm; all above mentioned products originate from the U.S.A. | Registered | 15-Aug-1984 | 4403 | 15-Aug-1984 | 336832 | |||||||||||
Switzerland | National Trademark | Giorgio | 3 | Perfumery, agents for body & beauty care. | Registered | 2-Sep-1985 | 5364 | 2-Sep-1985 | 343762 | |||||||||||
Switzerland | National Trademark | Giorgio | 25 | Womens wearing apparel, namely,dresses for evening, casual wear, skirts, pants, suits, pantsuits, blouses, shirts, scarves, handkerchieves, hats, lingerie, shoes, boots, jackets, leather jackets, suede jackets, fur jackets, shawls, stoles, feather boas, capes, sweaters, gloves, maternity wear, robes, swimsuits; mens wearing apparel, namely, suits, jackets, sports jackets, slacks, raincoats, topcoats, capes, sweaters, shirts, shoes, boots, ties, scarves, shawls, hosiery, hats, belts, gloves; all aforementioned products originating from the U.S.A. | Registered | 29-Oct-1985 | 6613 | 29-Oct-1985 | 344688 | |||||||||||
Taiwan | National Trademark | Giorgio | 3 | Perfume, cologne and cosmetics and skin care products for men and women, namely after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, dusting powder, perfumed dry oil mist, body talc, antiperspirant and body shampoo. | Registered | 4-Dec-1995 | (84)61076 | 1-Nov-1997 | 782564 | |||||||||||
Taiwan | National Trademark | Giorgio | 3 | Perfume, cologne and cosmetics and skin care products for men and women, namely after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, dusting powder, perfumed dry oil mist, body talc, antiperspirant and body shampoo. | Registered | 23-Nov-1995 | (84)58188 | 1-Oct-1997 | 777637 | |||||||||||
Taiwan | National Trademark | Giorgio | 3 | Cosmetics, perfumes, colognes, body moisturiser and cream, soaps and gels. | Registered | 28-Aug-1996 | 85042160 | 1-Jan-1998 | 790254 | |||||||||||
Taiwan | National Trademark | Giorgio | 18 | Travel bags, carry-on luggage, tote bags, hand bags and luggage | Registered | 23-Aug-1996 | 85042161 | 16-Jun-1999 | 856029 | |||||||||||
Taiwan | National Trademark | Giorgio | 3 | Soaps for human body, perfumery, essential oils, cosmetics, preparations for the cleaning, care and beautification of the skin, scalp and hair, deodorants for personal use. | Registered | 1-Oct-1999 | 88048308 | 1-Dec-2000 | 915293 | |||||||||||
Taiwan | National Trademark | Giorgio | 3 | Perfumes and perfumed body cleansers | Registered | 16-Feb-2000 | 89007909 | 16-Jan-2001 | 924065 | |||||||||||
Taiwan | National Trademark | Giorgio | 3 | Soaps for human body, perfumery, essential oils, cosmetics, preparations for the cleaning, care and beautification of the skins, scalp and hair, deodorants for personal use | Registered | 17-May-2002 | 91019802 | 1-Nov-2003 | 1062799 | |||||||||||
Taiwan | National Trademark | Giorgio | 14 | Precious metals, diamonds, jade, coral, crystals, agates, jewels, costume jewelry, jewelry chains, necklaces, earrings, rings, bracelets, anklets, charms and pendants and the trinkets and their imitation trinkets (jewelry), pins (jewelry). | Registered | 5-Feb-1993 | (81)52374 | 16-May-1993 | 598466 |
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Taiwan | National Trademark | Giorgio | 14 | Clocks and watches and components parts thereof. | Registered | 5-Sep-1992 | (81)44992 | 1-Apr-1994 | 638904 | |||||||||||
Thailand | National Trademark | Giorgio | 3 | Perfume, cologne and cosmetic preparations for skin care; after shave lotion and after shave balm, moisturizer and body cream, perfumed soap and gel, dusting powder, perfumed dry oil mist, body talc, antiperspirant and body shampoo. | Registered | 19-Dec-1995 | 299407 | 19-Dec-1995 | KOR63286 | |||||||||||
Thailand | National Trademark | Giorgio | 3 | Perfume, cologne, cosmetics preparations for skin care, after shave lotion, after shave balm, body moisturizer, body cream, perfumed soap and gel, dusting powder, perfumed dry oil mist, body talc, antiperspirant, body shampoo. | Registered | 13-Sep-1996 | 317450 | 13-Sep-1996 | KOR70531 | |||||||||||
Thailand | National Trademark | Giorgio | 3 | Perfume, essential oils, toilet soaps, talcum powders, skin cream and lotion. | Registered | 28-Jul-1987 | 335462 | 14-Dec-1987 | KOR60019 | |||||||||||
Thailand | National Trademark | Giorgio | 3 | Perfume, essential oils, toilet soaps, talcum powders, skin cream and lotion. | Registered | 28-Jul-1987 | 335463 | 28-Jul-1987 | KOR60020 | |||||||||||
Thailand | National Trademark | Giorgio | 3 | Perfume, essential oils, toilet soaps, talcum powders, skin cream and lotion. | Registered | 28-Jul-1987 | 335464 | 28-Jul-1987 | KOR60021 | |||||||||||
Thailand | National Trademark | Giorgio | 3 | Perfume, essential oils, toilet soaps, talcum powders, skin cream and lotion. | Registered | 28-Jul-1987 | 335461 | 28-Jul-1987 | KOR60018 | |||||||||||
Thailand | National Trademark | Giorgio | 3 | Perfume, general toilet water, eau-de-cologne and skin lotion. | Registered | 18-Mar-1992 | 225551 | 18-Mar-1992 | Kor8758 | |||||||||||
Thailand | National Trademark | Giorgio | 14 | Wrist watches, pocket watches, hanging clocks, desk-top clocks, chains, necklaces, earrings, rings, bracelets, anklets, charms, & pendants. | Registered | 17-Nov-1993 | 255560 | 17-Nov-1993 | Kor39837 | |||||||||||
Tunisia | National Trademark | Giorgio | 3 | Toilet soaps, perfumery, essential oils, cosmetics, toiletries, preparations for the cleaning, care and beautification of the skin scalp and hair, deodorants for personal use. | Registered | 10-Nov-1999 | 991892 | 10-Nov-1999 | TNE19991892 | |||||||||||
Turkey | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrance, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 25-Apr-1996 | 96/5787 | 25-Apr-1996 | 178812 | |||||||||||
Turkey | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely perfume, cologne, essential oils for use as personal fragrance, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 19-Jun-1996 | 96/8892 | 19-Jun-1996 | 172718 | |||||||||||
Turkey | National Trademark | Giorgio | 3 | Toilet soaps, perfumery, essential oils, cosmetics, toiletries, preparations for the cleaning, care and beautification of the skin, scalp and hair, deodorants for personal use. | Registered | 22-Jun-1999 | 1999/010027 | 22-Jun-1999 | 1999/010027 | |||||||||||
Turkey | National Trademark | Giorgio | 3 | Toilet soaps, perfumery, essential oils, cosmetics, toiletries, preparations for the cleaning, care and beautification of the skin, scalp and hair, deodorants for personal use. | Registered | 13-Oct-1999 | 1999/16730 | 13-Oct-1999 | 99016730 |
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Turkey | National Trademark | Giorgio | 3 | Class 3 : Toilet soaps, perfumery, essential oils, cosmetics, Toilet soaps, perfumery, essential oils, cosmetics, dentifrices, shaving preparations, nail care preparations,cleansing tissues, cotton wool and cotton sticks for cosmetics purposes, preparations for the cleaning, care and beautification of the skin, scalp and hair, deodorants for personal use. | Registered | 13-Oct-1999 | 1999/16731 | 13-Oct-1999 | 99016731 | |||||||||||
Turkey | National Trademark | Giorgio | 3,25 | Class 3 : Perfume, cologne, and cosmetics and skin care products for men and women, namely after shave lotion and after shave balm, body moisturi- zer and body cream, perfumed soap and gel, dusting powder, perfumed dry oil mist, body talc, antiperspirant and body shampoo. Class 25 : Clothing for men, women and children, namely shirts, jackets, sweaters pants, footwear, belts, t-shirts, socks, coordinated shirts, jackets and slacks, tennis shoes, sweat shirts, jerseys, shorts, jogging suits, sweat pants, hats/caps, scarves, gloves, hosiery, neckties, rainwear, pajamas, robes, night shirts, thermal underwear, headbands and wristbands. |
Registered | 27-Nov-1992 | 10666/92 | 27-Nov-1992 | 143443 | |||||||||||
Turkey | National Trademark | Giorgio | 3 | Perfume, cologne, and cosmetics and skin care products for men and women, namely after shave lotion and after shave balm, body moisturi- zer and body cream, perfumed soap and gel, dusting powder, perfumed dry oil mist, body talc, antiperspirant and body shampoo. | Registered | 21-Sep-1993 | 9902/93 | 21-Sep-1993 | 147031 | |||||||||||
Turkey | National Trademark | Giorgio | 14 | Clocks and watches, fine and costume jewelry, jewelry chains, necklaces, earrings, rings, bracelets, anklets, charms, and pendants | Registered | 19-Nov-1993 | 12645/93 | 19-Nov-1993 | 149697 | |||||||||||
Turkmenistan | National Trademark | Giorgio | 3 | Perfume, toiletry and soap preparations for men an women, namely, cologne, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 26-Dec-1995 | 13460 | 6-Jan-1999 | 3290 | |||||||||||
Turkmenistan | National Trademark | Giorgio | 3 | Perfumes, toiletry and soap preparations for men and women, namely, eau de cologne, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 26-Dec-1995 | 13462 | 6-Jan-1999 | 3292 | |||||||||||
Turkmenistan | National Trademark | Giorgio | 3 | Perfume, toiletry and soap preparations for men and women, namely, cologne, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 26-Dec-1995 | 13461 | 6-Jan-1999 | 3291 |
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U.S.A. | National Trademark | Giorgio | 18,25 | Handbags,
[ Womens wearing apparel- Namely, dresses for evening wear an casual wear, skirts, pants, suits, pantsuits, blouses, shirts, ties, a scarves, handkerchiefs, hats, lingerie, shoes, boots, jackets, includi leather and suede jackets and fur jackets, coats including leather sue coats, and fur coats, shawls, wraps, capes, feather boas, sweaters, gloves, maternity wear, robes and swimsuits; and for mens wearing apparel- namely, suits, sport coats, slacks, jackets, raincoats, topcoats, robes, sweaters, shirts, shoes, boots, ties, scarves, hosier hats, belts and gloves.] |
Registered | 10-May-1973 | 72457070 | 1-Apr-1975 | 1008097 | |||||||||||
U.S.A. | National Trademark | Giorgio | 3 | Cologne, body moisturizer and body cream, and dusting powder.
[Goods deleted when 2005 renewal was filed: Toiletry & soap preparations for men & women, after shave lotion & balm, perfumed soap and gel] |
Registered | 7-May-1984 | 73479062 | 23-Jul-1985 | 1350214 | |||||||||||
U.S.A. | National Trademark | Giorgio | 18 | Bags, namely, beach bags and tote bags. | Registered | 29-Aug-1994 | 74566914 | 5-Sep-1995 | 1916448 | |||||||||||
U.S.A. | National Trademark | Giorgio | 18 | Bags, namely, beach bags and tote bags. | Registered | 29-Aug-1994 | 74567323 | 26-Sep-1995 | 1922017 | |||||||||||
U.S.A. | National Trademark | Giorgio | 18 | Bags, namely beach bags and tote bags. | Registered | 6-Sep-1994 | 74569833 | 26-Sep-1995 | 1922018 | |||||||||||
U.S.A. | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women, namely; cologne, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder.
GOODS on 2006 renewal: Toiletry and soap preparations for men and women, namely; cologne,body moisturizer and body cream, perfumed gel. |
Registered | 7-May-1984 | 73479058 | 11-Mar-1986 | 1385642 | |||||||||||
U.S.A. | National Trademark | Giorgio | 3 | Toiletry and soap preparations for men and women- namely, perfume, cologne, aftershave lotion and aftershave balm, body moisturizer and cream, perfumed soap and gel and dusting powder.
2006: On renewalgoods ammended to: Toiletry and soap preparations women- namely, perfume, cologne, body moisturizer and cream, perfumed gel and dusting powder. |
Registered | 30-Sep-1985 | 73560787 | 15-Apr-1986 | 1389640 | |||||||||||
U.S.A. | National Trademark | Giorgio | 18 | Bags, namely tote & beach bags, fanny packs & umbrellas. | Registered | 8-Apr-1994 | 74510313 | 30-Jul-1996 | 1990288 | |||||||||||
U.S.A. | National Trademark | Giorgio | 18 | 2002 Goods amended to:Travel bags, namely, carry-on luggage, clutch bags, overnight luggage, bags for travel accessories. (deleted athletic bags, shoe bags for travel)
Original Goods on registration: Travel bags, namely, athletic bags, carry-on luggage, clutch bags, overnight luggage, bags for travel accessories, shoe bags for travel. |
Registered | 25-May-1994 | 74529156 | 17-Sep-1996 | 2001801 | |||||||||||
U.S.A. | National Trademark | Giorgio | 14 | Watches. | Registered | 7-May-1986 | 73597293 | 2-Dec-1986 | 1419132 | |||||||||||
U.S.A. | National Trademark | Giorgio | 14 | Watches. | Registered | 7-May-1986 | 73597338 | 9-Dec-1986 | 1419951 |
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U.S.A. | National Trademark | Giorgio | 28 | Stuffed toys, namely, stuffed bears. | Registered | 24-Feb-1987 | 73645937 | 22-Sep-1987 | 1458508 | |||||||||||
U.S.A. | National Trademark | Giorgio | 28 | Stuffed toys, namely, stuffed bears. | Registered | 24-Feb-1987 | 73645941 | 6-Oct-1987 | 1460175 | |||||||||||
U.S.A. | National Trademark | Giorgio | 3 | Cologne. | Registered | 4-Jan-1988 | 73704126 | 28-Feb-1989 | 1526382 | |||||||||||
U.S.A. | National Trademark | Giorgio | 3 | Perfume and cologne. | Registered | 26-Mar-1990 | 74-042528 | 15-Jan-1991 | 1,631,255 | |||||||||||
U.S.A. | National Trademark | Giorgio | 3 | Perfume. | Registered | 3-Dec-1979 | 73/241284 | 4-Aug-1981 | 1,163,298 | |||||||||||
U.S.A. | National Trademark | Giorgio | 3 | Perfume. | Registered | 31-May-1980 | 73255956 | 4-Aug-1981 | 1,163,318 | |||||||||||
U.S.A. | National Trademark | Giorgio | 5 | Cosmetics for women; namely, body moisturizer, perfumed soap and gel, and dusting powder.
(Goods amended at 2012 Renewal to remove body cream and body shampoo.) |
Registered | 7-Jan-1991 | 74-128232 | 10-Mar-1992 | 1,678,246 | |||||||||||
U.S.A. | National Trademark | Giorgio | 3 | Perfume and cologne. | Registered | 13-Aug-1990 | 74-087214 | 16-Jun-1992 | 1,693,903 | |||||||||||
U.S.A. | National Trademark | Giorgio | 3 | Perfume. | Registered | 31-Mar-1980 | 73255955 | 16-Aug-1983 | 1248066 | |||||||||||
U.S.A. | National Trademark | Giorgio | 3 | Toiletry and Soap Preparations for Women-Namely, Body moisturizer, Perfumed gel.
Goods deleted due to non use: Soap Preparations for Men, Cologne, After Shave Lotion and After Shave Balm, Body Cream, Perfumed Soap, and Dusting Powder.
Original goods: Toiletry and soap preparations for men and women namely, cologne, after shave lotion and balm, body moisturizer and cream, perfumed soap and gel and dusting powder. |
Registered | 7-May-1984 | 73479205 | 2-Apr-1985 | 1327870 | |||||||||||
U.S.A. | National Trademark | Giorgio | 3 | Body moisturizers, body wash gels and perfume | Registered | 17-Apr-2014 | 86255117 | 12-May-2015 | 4734244 | |||||||||||
U.S.A. | National Trademark | Giorgio | 3 | Perfume | Registered | 3-Feb-2004 | 78361425 | 17-May-2005 | 2,951,581 | |||||||||||
U.S.A. | National Trademark | Giorgio | 3 | Toiletry and soap preparations for women, namely, perfume, eau de toilette. Deleted from Goods at 2013 Renewal Filing: body moisturizer, perfumed soap and bath and shower gel and dusting powder. |
Registered | 23-Mar-1999 | 75/665621 | 8-Jul-2003 | 2,735,029 | |||||||||||
Ukraine | National Trademark | Giorgio | 3 | Perfume, toiletry and soap preparations for men and women, namely, cologne, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 14-Mar-1989 | 16-May-1994 | 4820 | ||||||||||||
Ukraine | National Trademark | Giorgio | 3 | Perfume, toiletry and soap preparations for men and women, namely, cologne, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 16-May-1994 | 4819 | |||||||||||||
Ukraine | National Trademark | Giorgio | 3 | Perfume, toiletry and soap preparations for men and women, namely, cologne, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 29-Apr-1994 | N.A. | 29-Apr-1994 | 4592 |
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United Arab Emirates | National Trademark | Giorgio | 3 | Toilet soaps, perfumery, essential oils, cosmetics, toiletries, preparations for the cleaning, care and beautification of the skin scalp and hair, deodorants for personal use. | Registered | 20-May-2003 | 53298 | 28-Mar-2006 | 59141 | |||||||||||
United Arab Emirates | National Trademark | Giorgio | 3 | Perfume, cologne, toilet soaps, shaving cream, body lotions, essential oils, cosmetics, dentifrices and deodorants. | Registered | 22-Mar-1994 | 5516 | 29-May-1996 | 5007 | |||||||||||
United Arab Emirates | National Trademark | Giorgio | 3 | Perfume, cologne, toilet soaps, shaving cream, body lotions, essential oils, cosmetics, dentifrices & deodorants. | Registered | 22-Mar-1994 | 5517 | 14-Oct-1995 | 2465 | |||||||||||
United Arab Emirates | National Trademark | Giorgio | 3 | Perfume, cologne, toilet soaps, shaving cream, body lotions, essential oils, cosmetics, dentifrices & deodorants. | Registered | 22-Mar-1994 | 5518 | 4-Sep-1995 | 2262 | |||||||||||
United Arab Emirates | National Trademark | Giorgio | 14 | Watches, clocks and spareparts thereof. | Registered | 22-Mar-1994 | 5514 | 6-Sep-1995 | 2288 | |||||||||||
United Arab Emirates | National Trademark | Giorgio | 3 | Perfume, cologne, toilet soaps, shaving cream, body lotions, essential oils, cosmetics, dentifrices & deodorants. | Registered | 22-Mar-1994 | 5515 | 6-Sep-1995 | 2289 | |||||||||||
United Arab Emirates | National Trademark | Giorgio | 3 | Toilet soaps, perfumery, cologne, body lotions, essential oils, cosmetics, dentifrices and deodorants. | Registered | 23-Mar-1994 | 5533 | 20-Aug-1995 | 2206 | |||||||||||
United Kingdom | National Trademark | Giorgio | 3 | Perfumes and colognes; toiletries; toiletry, cosmetics and soap preparations, aftershave lotions and aftershave balms, body moisturizers, body talcs, body shampoos and body creams; perfumed soaps and gels, perfumed dusting powders; deodorants for personal use and antiperspirants, suntan lotions; dentifrices. | Registered | 13-Mar-1995 | 2014138 | 19-Sep-1997 | 2014138 | |||||||||||
United Kingdom | National Trademark | Giorgio | 3 | Perfumery and essential oils; cosmetics; toiletries; soaps; shampoos; bath and shower preparations, aftershave lotions and balms; perfumed articles for personal use. | Registered | 11-Oct-1995 | 2040770 | 11-Oct-1995 | 2040770 | |||||||||||
United Kingdom | National Trademark | Giorgio | 14 | Jewellery, clocks and watches; parts and fittings for all the aforesaid goods; all included in Class 14. | Registered | 2-Jun-1989 | 1385012 | 2-Jun-1989 | B1385012 | |||||||||||
United Kingdom | National Trademark | Giorgio | 25 | Articles of clothing. | Registered | 7-Nov-1985 | 1253985 | 7-Nov-1985 | B1253985 | |||||||||||
United Kingdom | National Trademark | Giorgio | 3 | Cosmetics; eau de cologne; aftershave lotions; aftershave balms; toilet preparations and creams for the care of the body; perfumes; soaps; hair lotions; essential oils; dentifrices; toilet articles and perfumed articles, all included in Class 3. | Registered | 7-May-1986 | 1266551 | 7-May-1986 | 1266551 | |||||||||||
United Kingdom | National Trademark | Giorgio | 3 | Cosmetics; colognes; aftershave lotions; aftershave balms; toilet preparations and creams, all for the care of the body; perfumes; soaps; hair lotions; essential oils; dentifrices; toilet articles; perfumed articles; all included in Class 3. | Registered | 14-Jul-1986 | 1271257 | 14-Jul-1986 | 1271257 | |||||||||||
United Kingdom | National Trademark | Giorgio | 3 | Cosmetics; colognes; aftershave lotions; aftershave balms; toilet preparations and creams, all for the care of the body; perfumes; soaps; hair lotions; essential oils; dentifrices; toilet articles; perfumed articles; all included in Class 3. | Registered | 11-Dec-1986 | 1295407 | 11-Dec-1986 | 1295407 |
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United Kingdom | National Trademark | Giorgio | 3 | Cosmetics; colognes; aftershave lotions; aftershave balms; toilet preparations and creams, all for the care of the body; perfumes; soaps; hair lotions; essential oils; dentifrices; toilet articles; perfumed articles; all for use by men and all included in Class 3. | Registered | 11-Dec-1986 | 1295408 | 11-Dec-1986 | 1295408 | |||||||||||
United Kingdom | National Trademark | Giorgio | 4,18 | Class 4 Candles, perfumed candles; spills tapers for lighting; all included in Class 4. Class 18 Bags, handbags, shoulder bags and beach bags; hip pouches; cases; luggage; parasols, umbrellas and canes; goods made of leather and imitations of leather; all included in Class 18. |
Registered | 30-Jan-1992 | 1489394 | 30-Jan-1992 | B1489394 | |||||||||||
United Kingdom | National Trademark | Giorgio | 3 | Cosmetic preparations, perfumes, soaps and preparations fo teeth and hair; shaving preparations; after shave lotions. | Registered | 27-Apr-1978 | 1094751 | 27-Apr-1978 | 1094751 | |||||||||||
United Kingdom | National Trademark | Giorgio | 3 | Perfumes and colognes; toiletries; toiletry, cosmetics and soap preparations; aftershave lotions, aftershave balms; body moisturizers, body talcs, body shampoos and body creams; perfumed soaps and gels, perfumed dusting powders; deodorants for personal use; anti- perspirants; suntan lotions; all included in Class 3. | Registered | 20-Oct-1993 | 1551095 | 20-Oct-1993 | B1551095 | |||||||||||
United Kingdom | National Trademark | Giorgio | 18 | Travel bags, beach bags, sports bags, tote bags, carry-on luggage, clutch bags, overnight luggage, bags for travel accessories and shoe bags for travel; trunks for travel; parts and fittings for all the aforesaid goods; all included in Class 18. | Registered | 31-May-1994 | 1573626 | 1-Dec-1995 | 1573626 | |||||||||||
United Kingdom | National Trademark | Giorgio | 18 | Cosmetics bags, toilet bags, sponge bags; vanity cases; make-up bags; all included in Class 18. | Registered | 31-May-1994 | 1573621 | 1-Dec-1995 | B1573621 | |||||||||||
United Kingdom | National Trademark | PGCo | 3 | Toilet soaps, perfumery, essential oils, cosmetics, fragrance derived toiletries, preparations for the cleaning, care and beautification of the skin, scalp and hair, deodorants for personal use. | Registered | 15-Oct-2003 | 2346041 | 15-Oct-2003 | 2346041 | |||||||||||
United Kingdom | National Trademark | Giorgio | 3 | Perfumes. | Registered | 6-Apr-1983 | 1193484 | 6-Apr-1983 | 1193484 | |||||||||||
United Kingdom | National Trademark | Giorgio | 3 | Eau de cologne; aftershave lotions; aftershave balms; toilet preparations, creams for the care of the body; perfumes; soaps; shampoos; essential oils, toilet articles; perfumed articles; all for personal use; but not includind any of the aforesaid goods coloured red or imparting the colour red; none being for oral care. | Registered | 31-Oct-1994 | 2000726 | 31-Oct-1994 | 2000726 | |||||||||||
United Kingdom | National Trademark | Giorgio | 3 | Cosmetics, eau de cologne; aftershave lotions; aftershave balms; toilet preparations and creams, all for the care of the body; perfumes; soaps; hair lotions; essential oils; perfumed articles; anti- perspirants and deodorants; all included in Class 3. |
Registered | 29-Dec-1987 | 1330750 | 29-Dec-1987 | B1330750 |
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United Kingdom | National Trademark | Giorgio | 3 | Eau de Cologne; aftershave lotions; aftershave balms; toilet preparations, creams for the care of the body; perfumes; soaps; shampoos; essential oils; dentifrices; toilet articles, perfumed articles; all for personal use; all included in Class 3; but not including any of the the aforesaid goods coloured red or imparting the colour red. | Registered | 2-Aug-1988 | 1353273 | 2-Aug-1988 | 1353273 | |||||||||||
Uruguay | National Trademark | Giorgio | 3 | Class 3 : Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. |
Registered | 17-Sep-1986 | 213776 | 22-Dec-1988 | 398830 | |||||||||||
Uruguay | National Trademark | Giorgio | 25 | Class 25 : Clothing, footwear, headgear. |
Registered | 8-Mar-1991 | 420267 | |||||||||||||
Uruguay | National Trademark | Giorgio | 3 | Class 3 : Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. |
Registered | 31-Oct-1991 | 248928 | 24-Apr-1992 | 434095 | |||||||||||
Uzbekistan | National Trademark | Giorgio | 3 | Perfume, toiletry and soap preparations for men and women, namely, cologne, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 25-Oct-1993 | MBGU93025533 | 5-Sep-1994 | 1412 | |||||||||||
Uzbekistan | National Trademark | Giorgio | 3 | Perfume, toiletry and soap preparations for men and women, namely, cologne, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 25-Oct-1993 | MBGU93025503 | 5-Sep-1994 | 1409 | |||||||||||
Uzbekistan | National Trademark | Giorgio | 3 | Perfume, toiletry and soap preparations for men and women, namely, cologne, after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, and dusting powder. | Registered | 25-Oct-1993 | MBGU93025523 | 5-Sep-1994 | 1411 | |||||||||||
Venezuela | National Trademark | Giorgio | 25 | Womens wearing apparel, namely, dresses for evening and casual wear, skirts, pants, suits, pantsuits, blouses, shirts, ties, scarves, handkerchiefs, hats, lingerie, shoes, boots, jackets including leather and suede jackets and fur jackets, coats including leather and suede coats, and fur coats, shawls, wraps, capes, feather boas, sweaters, gloves, maternity wear, robes and swimsuits; and mens wearing apparel namely, suits, sport coats, slacks, jackets, raincoats, topcoats, robes, sweaters, shirts, shoes, ties, scarves, hosiery, hats, belts, and gloves. | Registered | 20-Jan-1992 | 14360-85 | 20-Jan-1992 | 145491 | |||||||||||
Venezuela | National Trademark | Giorgio | 3 | Class 3 : Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. |
Registered | 30-Nov-1995 | 19192-95 | 6-Aug-1997 | P198692 | |||||||||||
Venezuela | National Trademark | Giorgio | 3 | Cosmetics, toiletries and fragrances. | Registered | 30-Jun-1983 | 5139-83 | 25-Apr-1986 | F119953 | |||||||||||
Venezuela | National Trademark | Giorgio | 3 | Soaps, perfumes, essential oils, cosmetics, hair lotions, dentifrices. | Registered | 19-Sep-1988 | 17266-88 | 19-Nov-2001 | P235444 |
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Venezuela | National Trademark | Giorgio | 3 | Perfumes. | Registered | 22-Sep-1987 | 11738-85 | 22-Sep-1987 | 131083 | |||||||||||
Venezuela | National Trademark | Giorgio | 3 | Toiletry articles & soaps, specifically perfume, cologne, aftershave lotion, balm, body moisturizers, perfumed gel, and talc. | Registered | 31-Jul-1986 | 10194-86 | 8-Oct-2013 | P333472 | |||||||||||
Venezuela | National Trademark | Giorgio | 3 | Toiletry articles & soaps, perfumery, cologne, aftershave lotion and balms, body moisturizers & body cream, soaps & gels, talc. | Pending | 31-Jul-1986 | 10193-86 | |||||||||||||
Venezuela | National Trademark | Giorgio | 3 | Toiletry articles & soaps, perfumery, cologne, aftershave lotion and balms, body moisturizers & body cream, soaps & gels, talc. | Pending | 12-Aug-2015 | 2015011777 | |||||||||||||
Vietnam | National Trademark | Giorgio | 3 | Perfumes, eau de cologne and cosmetics and skin care products for men and women, namely aftershaves, aftershave lotions, moisturizing creams and body creams, soaps and lotions, antidust powder, dry perfume sprays, body powder, anti-perspirant lotions. | Registered | 10-Nov-1995 | 25906 | 10-Nov-1995 | 21856 | |||||||||||
Vietnam | National Trademark | Giorgio | 3 | Perfumes, eau de cologne and cosmetics and skin care products for men and women, namely aftershaves, aftershave lotions, moisturizing creams and body creams, soaps and lotions, antidust powder, dry perfume sprays, body powder, anti-perspirant lotions. | Registered | 28-Nov-1995 | 26223 | 28-Nov-1995 | 22078 | |||||||||||
Vietnam | National Trademark | Giorgio | 18 | travel bags, athletic bags, carry-on luggage | Registered | 16-Aug-1996 | 30237 | 15-Nov-1997 | 25476 | |||||||||||
Vietnam | National Trademark | Giorgio | 3 | cosmetics, perfumes, colognes, body moisturizer and cream, soaps and gels | Registered | 16-Aug-1996 | 30238 | 15-Nov-1997 | 25477 | |||||||||||
Vietnam | National Trademark | Giorgio | 3 | cosmetics, perfumes, colognes, body moisturizer and cream, soaps and gels | Registered | 16-Aug-1996 | 30235 | 24-Apr-2000 | 33828 | |||||||||||
Vietnam | National Trademark | Giorgio | 18 | travel bags, athletic bags, carry-on luggage | Registered | 16-Aug-1996 | 30236 | 15-Nov-1997 | 25475 | |||||||||||
West Bank | National Trademark | Giorgio | 3 | Bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices. | Registered | 23-Feb-1995 | 3317 | 23-Feb-1995 | 3317 | |||||||||||
West Bank | National Trademark | Giorgio | 25 | Class 25 : Clothing, footwear, headgear. |
Registered | 23-Feb-1995 | 3316 | 23-Feb-1995 | 3316 | |||||||||||
West Bank | National Trademark | Giorgio | 3 | Bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices. | Registered | 23-Feb-1995 | 3314 | 3-Apr-2000 | 3314 | |||||||||||
West Bank | National Trademark | Giorgio | 3 | Bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices. | Registered | 23-Feb-1995 | 3315 | 3-Apr-2000 | 3315 | |||||||||||
West Bank | National Trademark | Giorgio | 3 | Bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices. | Registered | 23-Feb-1995 | 3312 | 23-Mar-2000 | 3312 |
Country |
Convention |
Registered Owner |
Effective |
Class(es) |
Goods and Services |
Status |
Application Date |
Application |
Registration Date |
Registration | ||||||||||
West Bank | National Trademark | Giorgio | 14 | Class 14 Stones; horological and chronometric instruments. Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious |
Registered | 23-Feb-1995 | 3307 | 3-Apr-2000 | 3307 | |||||||||||
West Bank | National Trademark | Giorgio | 25 | Class 25 : Clothing, footwear, headgear. |
Registered | 23-Feb-1995 | 3318 | 23-Mar-2000 | 3318 | |||||||||||
West Bank | National Trademark | Giorgio | 3 | Bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices. | Registered | 23-Feb-1995 | 3309 | 23-Mar-2000 | 3309 | |||||||||||
West Bank | National Trademark | Giorgio | 3 | Bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices. | Registered | 23-Feb-1995 | 3308 | 23-Mar-2000 | 3308 | |||||||||||
West Bank | National Trademark | Giorgio | 3 | Bleaching preparations and other substances for laundry use, cleaning, polishing, scouring and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices. | Registered | 23-Feb-1995 | 3310 | 23-Mar-2000 | 3310 | |||||||||||
Yemen | National Trademark | Giorgio | 3 | Perfume, and cosmetics and skin care products for men and women, namely aftershave lotion and aftershave balm, body moisturizer and body cream; perfumed soap and gel, dusting powder, perfumed dry oil mist, body talc, antiperspirant and body shampoo. | Registered | 8-Apr-1996 | 8508 | 18-Jun-1997 | 7000 | |||||||||||
Yemen | National Trademark | Giorgio | 3 | Perfume, cologne and cosmetics and skin care products for men and women, namely after shave lotion and after shave balm, body moisturizer and body cream, perfumed soap and gel, dusting powder, perfumed dry oil mist, body talc, antiperspirant and body shampoo. | Registered | 8-Apr-1996 | 8507 | 10-Jul-1997 | 7307 |
Schedule 3.15(a)(iii)
to
Elizabeth Arden, Inc.
Fourth Amended and Restated Credit Agreement
Material United States Distribution Agreements
None.
Schedule 3.15(b)
to
Elizabeth Arden, Inc.
Fourth Amended and Restated Credit Agreement
Matters Affecting Trademark and Patent Rights
None. |
Schedule 3.19
to
Elizabeth Arden, Inc.
Fourth Amended and Restated Credit Agreement
Lockbox Accounts
Description |
Purpose |
Bank Account No. | ABA | |||
Bank of America (U.S.) |
A/R Customer Deposits - U.S. | XXXXXX6699 | 026009593 (WIRES) 011500010 (ACH) | |||
Bank of America (Canada) |
A/R Customer Deposits - Canada |
XXXX6201 | 47176201 |
Schedule 5.09
to
Elizabeth Arden, Inc.
Fourth Amended and Restated Credit Agreement
Permitted Investments
Please refer to Schedule 5.11 - Arden Acquisition Indebtedness, which is incorporated herein by reference.
Investment in U.S. Cosmeceutechs, LLC
Since July 2013, the U.S. Borrower, through a subsidiary (the EA USC Subsidiary), has invested $9.0 million in US Cosmeceutechs, LLC (USC), a skin care company that develops and sells skin care products for the professional dermatology and spa channels, and separately purchased a 30% equity interest in USC from the sole equity member for $3.6 million. The investment, which is in the form of a collateralized convertible note (the Convertible Note), bears interest at 1.5%. Upon conversion of the Convertible Note, the U.S. Borrower will own 85.45% of the fully diluted equity interests in USC (inclusive of EA USC Subsidiarys current equity interest). The U.S. Borrower has a put/call agreement with the other USC equity member with respect to the remaining 14.55% interest in USC. As of June 30, 2016, the Convertible Note had not been converted.
Investment in Newton Medical, LLC
In July 2013, the U.S. Borrower invested $3 million for a 20% membership interest in Newton Medical, LLC, a beauty device manufacturer (the Device Company). In February 2015, the equity interest purchase agreement was amended to, among other things, remove both (i) the obligation the U.S. Borrower had to purchase an additional 20% equity interest upon the achievement of certain milestones, and (ii) the U.S. Borrowers option to purchase the remaining 60% equity interest in the Device Company. The amendment also terminated the Companys exclusive license to become the worldwide manufacturer, marketer and distributor of the beauty device. The U.S. Borrower remains a passive investor in the Device Company.
Investment in Elizabeth Arden Salon Holdings, Inc.
Since September 2012, the U.S. Borrower has invested $13.7 million for a minority investment in Elizabeth Arden Salon Holdings, LLC, an unrelated party whose subsidiaries operate the Elizabeth Arden Red Door Spas and the Mario Tricoci Hair Salons (Salon Holdings). The investment in Elizabeth Arden Salon Holdings, LLC is in the form of a collateralized convertible note bearing interest at 2%.
Schedule 5.10
to
Elizabeth Arden, Inc.
Fourth Amended and Restated Credit Agreement
Liens
None.
Schedule 5.15
to
Elizabeth Arden, Inc.
Fourth Amended and Restated Credit Agreement
Arden Acquisition Indebtedness (*)
Lender |
Borrower |
Acquisition Loans |
||||
Elizabeth Arden (Financing), Inc.(C) |
FD Management, Inc. (A) |
$ | 60,743,560 | |||
Elizabeth Arden (Financing), Inc. (C) |
DF Enterprises, Inc. (C) |
$ | 44,070,755 | |||
Lender |
Borrower |
Working Capital Loans |
||||
Elizabeth Arden International Holding, Inc. (C) |
Elizabeth Arden, Inc. (A) |
$ | 42,000,000 | |||
Elizabeth Arden (Switzerland) Holding Sàrl (D) |
Elizabeth Arden International Holding, Inc. (C) |
$ | 42,000,000 | |||
Elizabeth Arden International S.a.r.l. (B) |
Elizabeth Arden (Switzerland) Holding Sàrl (D) |
$ | 42,000,000 | |||
RDEN Management, Inc. (C) |
Elizabeth Arden, Inc. (A) |
$ | 1,405,713 | |||
Elizabeth Arden International Sàrl (B) |
Elizabeth Arden (Netherlands) Holding B.V. (D) |
$ | 623,291 | |||
Elizabeth Arden International Sàrl (B) |
Elizabeth Arden Trading B.V. |
$ | 4,605,696 | |||
Elizabeth Arden International Sàrl (B) |
Elizabeth Arden (Canada) Limited (B) |
$ | 6,750,000 | |||
Elizabeth Arden (Netherlands) Holding B.V. (D) |
Elizabeth Arden Middle East FZCO |
$ | 600,000 | |||
Elizabeth Arden (Netherlands) Holding B.V. (D) |
Elizabeth Arden SEA PTE Ltd. |
SG$ | 2,665000.00 | |||
Lender |
Borrower |
Subordinated Loans |
||||
Elizabeth Arden (Netherlands) Holding B.V. (D) |
Elizabeth Arden International Sàrl (B) |
$ | 151,786,000 |
(*) | Amounts in USD except Elizabeth Arden (Netherlands) Holding B.V. to Elizabeth Arden SEA PTE Ltd. |
Balances as of JULY 5, 2016.
(A) | U.S. Borrower |
(B) | Foreign Borrower |
(C) | U.S. Subsidiary Guarantor |
(D) | Foreign Guarantor |
Schedule 5.29
to
Elizabeth Arden, Inc.
Fourth Amended and Restated Credit Agreement
Post-Closing Deliveries
1. On or prior to thirty (30) days after the Effective Date, the U.S. Borrower shall have delivered the certificates representing the Equity Interests pledged by the U.S. Borrower pursuant to the applicable U.S. Security Agreement, together with an undated stock power for each such certificate executed in blank by a duly authorized officer of the U.S. Borrower.
2. On or prior to thirty (30) days after the Effective Date, Elizabeth Arden International Holding, Inc. shall have delivered to counsel to the Administrative Agent in Toronto, Ontario the certificates representing all issued and outstanding Equity Interests of the Canadian Borrower pledged by Elizabeth Arden International Holding, Inc. pursuant to the Canadian Pledge Agreement, together with an undated stock power for each such certificate executed in blank by a duly authorized officer of Elizabeth Arden International Holding, Inc.
3. On or prior to thirty (30) days after the Effective Date, Netherlands Holding shall enter into a charge over shares with the Administrative Agent (the U.K. Borrower Share Pledge Agreement) to pledge 100% of its Equity Interests in the U.K. Borrower in substantially the form agreed upon by Netherlands Holding and the Administrative Agent prior to the Effective Date, and deliver a newly issued share certificate duly endorsed in blank with respect to such Equity Interests and any other necessary documentation pursuant to the U.K. Borrower Share Pledge Agreement.
4. Promptly after the Effective Date, but not later than September 15, 2016, the Swiss Borrower and Swiss Holding shall initiate a court proceeding with the applicable court located in Switzerland (the Swiss Court) in order to declare the presumably issued share certificates of its respective Equity Interests void (Kraftloserklärungsverfahren). The Swiss Borrower and Swiss Holding shall keep the Administrative Agent updated about such court proceeding in general and in particular immediately inform the Administrative Agent if any third party rights/interests are claimed with respect to the Equity Interest of Swiss Holding or the Swiss Borrower and promptly provide upon demand all documents and undertake all steps reasonably requested by the Administrative Agent.
5. Within one month after the earlier of (i) the share certificates of Swiss Holdings Equity Interests being located or (ii) the date of the legal effect (Rechtskraft) of the cancellation (Kraftloserklärung) of the share certificates regarding the Equity Interests of Swiss Holding, Elizabeth Arden International Holding, Inc. shall enter into a share pledge agreement with the Administrative Agent (the Swiss Holding Share Pledge Agreement) to pledge 100% of its Equity Interests in Swiss Holding in substantially the form agreed upon by Elizabeth Arden International Holding, Inc. and the Administrative Agent prior to the Effective Date, and deliver a newly issued share certificate duly assigned in blank with respect to such Equity Interests and any other necessary documentation pursuant to the Swiss Holding Share Pledge Agreement. Notwithstanding anything to the contrary in this paragraph 5, Elizabeth Arden International Holding, Inc. shall not be required to enter into the Swiss Holding Share Pledge Agreement, or otherwise provide any share certificates or other documentation, unless prior to or contemporaneously with entering into the Swiss Holding Share Pledge Agreement all Liens in the Equity Interests of Swiss Holding granted under the applicable U.S. Security Agreement and the other Collateral Documents (if any) shall be fully released pursuant to amendments thereto and other documents entered into by the applicable parties, each in form and substance reasonably acceptable to all of the parties thereto, and all amendments to and other filings with respect to UCC financing statements shall be made with respect to such release in the appropriate filing offices and other applicable actions taken.
6. Within one month after the earlier of (i) the share certificates of the Swiss Borrowers Equity Interests being located or (ii) the date of the legal effect (Rechtskraft) of the cancellation (Kraftloserklärung) of the share certificates regarding the Equity Interests of the Swiss Borrower, Netherlands Holding shall enter into a share pledge agreement with the Administrative Agent (the Swiss Borrower Share Pledge Agreement) to pledge 100% of its Equity Interests in the Swiss Borrower in substantially the form agreed upon by Netherlands Holding and the Administrative Agent prior to the Effective Date, and deliver a newly issued share certificate duly assigned in blank with respect to such Equity Interests and any other necessary documentation pursuant to the Swiss Borrower Share Pledge Agreement.
EXHIBIT A
to
Elizabeth Arden, Inc.
Fourth Amended and Restated Credit Agreement
Form of Assignment and Assumption Agreement
EXHIBIT A, Cover Page
ASSIGNMENT AND ASSUMPTION
This Assignment and Assumption (the Assignment and Assumption) is dated as of the Effective Date set forth below and is entered into by and between [Insert name of Assignor] (the Assignor) and [Insert name of Assignee] (the Assignee). Capitalized terms used but not defined herein shall have the meanings given to them in the Credit Agreement identified below (as amended, the Credit Agreement), receipt of a copy of which is hereby acknowledged by the Assignee. The Standard Terms and Conditions set forth in Annex 1 attached hereto are hereby agreed to and incorporated herein by reference and made a part of this Assignment and Assumption as if set forth herein in full.
For an agreed consideration, the Assignor hereby irrevocably sells and assigns to the Assignee, and the Assignee hereby irrevocably purchases and assumes from the Assignor, subject to and in accordance with the Standard Terms and Conditions and the Credit Agreement, as of the Effective Date inserted by the Administrative Agent as contemplated below (i) all of the Assignors rights and obligations in its capacity as a Lender under the Credit Agreement and any other documents or instruments delivered pursuant thereto to the extent related to the amount and percentage interest identified below of all of such outstanding rights and obligations of the Assignor under the respective facilities identified below (including any letters of credit, guarantees, and swingline loans included in such facilities) and (ii) to the extent permitted to be assigned under applicable law, all claims, suits, causes of action and any other right of the Assignor (in its capacity as a Lender) against any Person, whether known or unknown, arising under or in connection with the Credit Agreement, any other documents or instruments delivered pursuant thereto or the loan transactions governed thereby or in any way based on or related to any of the foregoing, including contract claims, tort claims, malpractice claims, statutory claims and all other claims at law or in equity related to the rights and obligations sold and assigned pursuant to clause (i) above (the rights and obligations sold and assigned pursuant to clauses (i) and (ii) above being referred to herein collectively as the Assigned Interest). Such sale and assignment is without recourse to the Assignor and, except as expressly provided in this Assignment and Assumption, without representation or warranty by the Assignor.
1. | Assignor: | [Insert name of Assignor] | ||
2. | Assignee: | [Insert name of Assignee] | ||
[and is an Affiliate/Approved Fund of [identify Lender]1] | ||||
3. | Borrowers: | Elizabeth Arden, Inc. (the Company) and certain foreign subsidiaries of the Company signatories to that certain Fourth Amended and Restated Credit Agreement dated as of July 26, 2016 as a Foreign Borrower | ||
4. | Administrative Agent: | JPMorgan Chase Bank, N.A., as the administrative agent for the Lenders under the Credit Agreement |
1 | Select as applicable. |
ASSIGNMENT AND ASSUMPTION AGREEMENT, Page 1
5. | Credit Agreement: | Fourth Amended and Restated Credit Agreement dated as of July 26, 2016 among the Borrowers, the Administrative Agent, the other Loan Parties party thereto, and the other agents and Lenders party thereto (as amended, restated, supplemented or otherwise modified) | ||
6. | Assigned Interest: |
U.S. Commitments/ U.S. Revolving Loans
Aggregate Amount of U.S. Commitment/U.S. Loans for all Lenders |
Amount of U.S. Commitment/U.S. Loans Assigned |
Percentage Assigned of U.S. Commitment/U.S. Loans2 |
||||||
$ |
$ | % |
Canadian Commitments/ Canadian Revolving Loans
Aggregate Amount of Canadian Commitment/Canadian Loans for all Canadian Lenders |
Amount of Canadian Commitment/Canadian Loans Assigned |
Percentage Assigned of Canadian Commitment/Canadian Loans3 |
||||||
$ |
$ | % |
European Commitments/ European Revolving Loans
Aggregate Amount of European Commitment/ European Loans for all European Lenders |
Amount of European Commitment/European Loans Assigned |
Percentage Assigned of European Commitment/ European Loans4 |
||||||
$ |
$ | % |
Effective Date: , 20 [TO BE INSERTED BY ADMINISTRATIVE AGENT AND WHICH SHALL BE THE EFFECTIVE DATE OF RECORDATION OF TRANSFER IN THE REGISTER THEREFOR.]
2 | Set forth, to at least 9 decimals, as a percentage of the Commitment/Loans of all Lenders thereunder. |
3 | Set forth, to at least 9 decimals, as a percentage of the Commitment/Loans of all Lenders thereunder. |
4 | Set forth, to at least 9 decimals, as a percentage of the Commitment/Loans of all Lenders thereunder. |
ASSIGNMENT AND ASSUMPTION AGREEMENT, Page 2
The Assignee agrees to deliver to the Administrative Agent a completed Administrative Questionnaire in which the Assignee designates one or more credit contacts to whom all syndicate-level information (which may contain material non-public information about the Company, the other Loan Parties and their Related Parties or their respective securities) will be made available and who may receive such information in accordance with the Assignees compliance procedures and applicable laws, including Federal and state securities laws.
By entering into this Assignment and Assumption, the Assignee hereby acknowledges, agrees to, and becomes bound by the Collection Allocation Mechanism Agreement dated as of July 26, 2016 (the Lender Allocation Agreement) among the Lenders party thereto and JPMorgan Chase Bank, N.A., as Administrative Agent, on the same terms and conditions as if it were a party thereto. The Assignee, by entering into this Assignment and Assumption, agrees to perform all obligations applicable to it as a Lender under the Lender Allocation Agreement and shall be entitled to all benefits applicable to it in its capacity as a Lender under the Lender Allocation Agreement (based on, in each case, its interests under the Credit Agreement).
The terms set forth in this Assignment and Assumption are hereby agreed to:
ASSIGNOR: | ||
[NAME OF ASSIGNOR] | ||
By: |
| |
Name: | ||
Title: | ||
ASSIGNEE: | ||
[NAME OF ASSIGNEE] | ||
By: |
| |
Name: | ||
Title: |
[Consented to and]]5 Accepted: | ||
JPMORGAN CHASE BANK, N.A., as | ||
Administrative Agent | ||
By: |
| |
Name: |
| |
Title: |
|
5 | To be added only if the consent of the Administrative Agent is required by the terms of the Credit Agreement. |
ASSIGNMENT AND ASSUMPTION AGREEMENT, Page 3
[Consented to:]6 |
ELIZABETH ARDEN, INC., as Borrower Representative |
By: |
Name: |
Title: |
[Consented to:]7 |
JPMORGAN CHASE BANK, N.A., as |
Issuing Bank |
By: |
Name: |
Title: |
[Consented to:]8 |
JPMORGAN CHASE BANK, N.A., as |
Swingline Lender |
By: |
Name: |
Title: |
6 | To be added only if the consent of the Borrower Representative and/or the Swiss Loan Parties is required by the terms of the Credit Agreement. |
7 | To be added only if the consent of the Issuing Bank (i.e. JPMCB or any of its Affiliates, as applicable) is required by the terms of the Credit Agreement. |
8 | To be added only if the consent of the Swingline Lender (i.e. JPMCB or any of its Affiliates, as applicable) is required by the terms of the Credit Agreement. |
ASSIGNMENT AND ASSUMPTION AGREEMENT, Page 4
ANNEX 1
STANDARD TERMS AND CONDITIONS FOR
ASSIGNMENT AND ASSUMPTION
1. Representations and Warranties.
1.1 Assignor. The Assignor (a) represents and warrants that (i) it is the legal and beneficial owner of the Assigned Interest, (ii) the Assigned Interest is free and clear of any lien, encumbrance or other adverse claim and (iii) it has full power and authority, and has taken all action necessary, to execute and deliver this Assignment and Assumption and to consummate the transactions contemplated hereby; and (b) assumes no responsibility with respect to (i) any statements, warranties or representations made in or in connection with the Credit Agreement or any other Loan Document, (ii) the execution, legality, validity, enforceability, genuineness, sufficiency or value of the Loan Documents or any collateral thereunder, (iii) the financial condition of anyBorrower, any of its Subsidiaries or Affiliates or any other Person obligated in respect of any Loan Document or (iv) the performance or observance by any Borrower, any of its Subsidiaries or Affiliates or any other Person of any of their respective obligations under any Loan Document.
1.2. Assignee. The Assignee (a) represents and warrants that (i) it has full power and authority, and has taken all action necessary, to execute and deliver this Assignment and Assumption and to consummate the transactions contemplated hereby and to become a Lender under the Credit Agreement, (ii) it satisfies the requirements to be an assignee under Section 8.04 of the Credit Agreement (subject to such consents, if any, as may be required under Section 8.04(b)(i) or (ii) of the Credit Agreement), in order to acquire the Assigned Interest and become a Lender, (iii) from and after the Effective Date, it shall be bound by the provisions of the Credit Agreement as a Lender thereunder and, to the extent of the Assigned Interest, shall have the obligations of a Lender thereunder, (iv) it has received a copy of the Credit Agreement, together with copies of the most recent financial statements delivered pursuant to Section 5.01 thereof, as applicable, and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this Assignment and Assumption and to purchase the Assigned Interest on the basis of which it has made such analysis and decision independently and without reliance on the Administrative Agent or any other Lender, and (v) if it is a Foreign Lender, attached to the Assignment and Assumption is any documentation required to be delivered by it pursuant to Section 2.17 of the Credit Agreement, duly completed and executed by the Assignee; and (b) agrees that (i) it will, independently and without reliance on the Administrative Agent, the Assignor or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under the Loan Documents, and (ii) it will perform in accordance with their terms all of the obligations which by the terms of the Loan Documents are required to be performed by it as a Lender.
2. Payments. From and after the Effective Date, the Administrative Agent shall make all payments in respect of the Assigned Interest (including payments of principal, interest, fees and other amounts) to the Assignor for amounts which have accrued to but excluding the Effective Date and to the Assignee for amounts which have accrued from and after the Effective Date.
ANNEX 1 TO ASSIGNMENT AND ASSUMPTION AGREEMENT, Page 1
3. General Provisions. This Assignment and Assumption shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns. This Assignment and Assumption may be executed in any number of counterparts, which together shall constitute one instrument. Delivery of an executed counterpart of a signature page of this Assignment and Assumption by telecopy or other electronic transmission shall be effective as delivery of a manually executed counterpart of this Assignment and Assumption. This Assignment and Assumption shall be governed by, and construed in accordance with, the law of the State of New York.
ANNEX 1 TO ASSIGNMENT AND ASSUMPTION AGREEMENT, Page 2
EXHIBIT B
to
Elizabeth Arden, Inc.
Fourth Amended and Restated Credit Agreement
Form of Borrowing Base Certificate
[see attached]
EXHIBIT B Cover Page
BORROWING BASE CERTIFICATE | ||||||
Company Name: Elizabeth Arden, Inc. | As of [ ]
|
| ||||
1. Total Accounts Receivable Per Attached Aging: |
$ | |||||
|
|
|||||
50% Cross Aging Exclusion |
$ | |||||
Affiliate or Related Party Accounts |
||||||
Balance over 120 days from invoice date |
||||||
Contra A/R Accounts offset w/ AP Accounts |
||||||
Government Accounts |
||||||
Credits over 120 days from invoice date |
||||||
Allowance Accruals |
||||||
Chargebacks |
||||||
15% Concentration Exclusion |
||||||
Foreign |
||||||
Other Exclusions |
||||||
2. Total Ineligibles |
$ | |||||
|
|
|||||
3. Accounts Receivable - Approved Eligible |
||||||
4. Accounts Receivable Advance Rate (I) |
85% | |||||
|
|
|||||
5. Accounts Receivable Availability (Line 3 times Line 4) |
(A) $ | | ||||
|
|
|||||
6. AR Temporary Increase Calculation |
5.00% | |||||
1. Total Domestic Arden Inventory |
$ | |||||
|
|
|||||
Less: Intermediates & Bulk (I & B) |
||||||
Gross Raw Materials, Unpackaged Finished Goods and Finished Goods |
$ | |||||
|
|
|||||
2. Finished Goods Inventory (F) |
$ | |||||
LESS: Swiss Borrowers Inventory Located in the U.S. |
||||||
Add: Swiss Borrowers Inventory |
||||||
|
|
|||||
3. Net Eligible Finished Goods |
$ | |||||
4. Net Liquidation Value as Percentage (Blended Rates Per Attached) |
||||||
5. Net Liquidation Value |
$ | |||||
6. 85% of Net Liquidation Value (.85 x 5) |
$ | |||||
|
|
|||||
7. Finished Goods Packaged Temporary Increase Calculation |
||||||
1. Unpackaged Finished Goods Inventory [WIPs] (W) |
$ | |||||
LESS: Swiss Borrowers Inventory Located in the U.S. |
||||||
Add: Swiss Borrowers Inventory |
||||||
|
|
|||||
2. Net Unpackaged Finished Goods |
$ | |||||
3. Net Liquidation Value as Percentage (Blended Rates Per Attached) |
||||||
4. Net Liquidation Value (2X3) |
$ | |||||
|
|
|||||
5. 85% of Net Liquidation Value (.85 x 4) |
||||||
6. Finished Goods Unpackaged Temporary Increase Calculation |
||||||
1. Raw Material Inventory (R.C) |
$ | |||||
LESS: Swiss Borrowers Inventory Located in the U.S. |
||||||
Add: Swiss Borrowers Inventory |
||||||
|
|
|||||
2. Net Raw Materials |
$ | |||||
3. Net Liquidation Value as Percentage (Blended Rates Per Attached) |
||||||
4. Net Liquidation Value (2X3) |
$ | |||||
5. 85% of Net Liquidation Value (.85 x 7) |
$ | |||||
|
|
|||||
6. Raw Material Temporary Increase Calculation |
EXHIBIT B
AVAILABLE COLLATERAL SUMMARY: | ||||
A/R AVAILABILITY (A) |
$ | |||
plus: INVENTORY AVAILABILITY (B+C+D+E+F+G) |
$ | |||
plus: CASH COLLATERAL PLEDGED |
$ | |||
less: AVAILABILITY RESERVES - WEPPA Canadian Employees |
$ | |||
plus: TEMPORARY INCREASE AVAILABILITY (Limit 25M) |
$ | |||
| ||||
TOTAL AVAILABILITY (per this schedule) | $ | |||
TOTAL AVAILABILITY (per terms - Limit of $300M and Switzerland limited to 20% of consolidated total availability) | $ | |||
COMMITTED EXPOSURE (as listed below) | ||||
less: LOANS OUTSTANDING |
$ | |||
less: LETTERS OF CREDIT EXPOSURE |
$ | |||
less: OTHER OBLIGATIONS (Accrued Interest and Credit Line Fees) |
$ | |||
| ||||
BORROWING AVAILABILITY | $ | |||
| ||||
BORROWERS DOMESTIC CASH AND DOMESTIC CASH EQUIVALENTS less: CASH PAID FOR ACQUISITION |
This Borrowing Base Certificate is delivered by Elizabeth Arden, Inc. (the Borrower Representative) to JPMorgan Chase Bank, N.A., in its capacity as Administrative Agent (the Agent), pursuant to that certain Fourth Amended and Restated Credit Agreement dated as of July 26, 2016 (the Agreement) among the Borrower Representative, certain foreign subsidiaries of the Borrower Representative as the Foreign Borrowers (collectively with the Borrower Representative, the Borrowers), the other Loan Parties party thereto, the Agent, Bank of America, N.A., as U.S. collateral agent, and the financial institutions from time to time party thereto as Lenders. Capitalized terms used herein but not otherwise defined herein shall have the meanings assigned to such terms in the Agreement. The Borrower Representative represents and certifies on behalf of itself and the other Borrowers that this Borrowing Base Certificate is true and correct in every respect and that all existing Accounts and Inventory, referenced above for inclusion in the applicable Borrowing Base, represent Eligible Accounts Receivable and eligible Inventory of the type described in accordance with the terms and conditions set forth in the Agreement. The Borrower Representative also represents and warrants on behalf of itself and the other Borrowers that all collections received or credits allowed on Accounts reported on previous Borrowing Base Certificates have been duly and regularly entered to the credit of the respective account debtors on the books and records of the applicable Borrower and that all collections have been remitted and that all credits have been reported to date to the Administrative Agent as required by the Agreement. The Borrower Representative further understands that the Loans to the applicable Borrowers will be based upon reliance on the information contained herein. In the event of any conflict between the terms of this Borrowing Base Certificate and the Agreement, the terms of the Agreement shall control.
Authorized Signature
EXHIBIT B
EXHIBIT C
to
Elizabeth Arden, Inc.
Fourth Amended and Restated Credit Agreement
Form of Compliance Certificate
EXHIBIT C, Cover Page
COMPLIANCE CERTIFICATE
Effective as of , 201 (the Effective Date)
(last day of fiscal year or fiscal period, as applicable)
Reference is made to the certain Fourth Amended and Restated Credit Agreement dated as of July 26, 2016, among Elizabeth Arden, Inc. (the U.S. Borrower), certain foreign subsidiaries of the U.S. Borrower as the Foreign Borrowers, Bank of America, N.A., as the U.S. Collateral Agent, JPMorgan Chase Bank, N.A., as Administrative Agent for the Lenders as provided therein (Administrative Agent), the other Loan Parties party thereto, and each of the Lenders from time to time party thereto (as such agreement may be amended or otherwise modified from time to time, the Credit Agreement). Unless otherwise defined herein, capitalized terms used this Compliance Certificate that are defined in the Credit Agreement, wherever used herein, shall have the same meanings as are prescribed by the Credit Agreement. In the event of any conflict between the terms of this Compliance Certificate and the Credit Agreement, the Credit Agreement shall control. The undersigned, duly appointed and acting authorized signatory of the U.S. Borrower, being duly authorized, hereby delivers this Compliance Certificate to Administrative Agent pursuant to Section 5.01 of the Credit Agreement.
1. U.S. Borrower hereby delivers to Administrative Agent (check as applicable):
[ ] | Copies of the audited consolidated financial statements required by Section 5.01(a) for the U.S. Borrowers fiscal year ending on the Effective Date. |
[ ] | Copies of the unaudited consolidated financial statements required by Section 5.01(b) for the U.S. Borrowers fiscal quarter ending on the Effective Date. |
[ ] | Copies of the unaudited consolidated financial statements required by Section 5.01(e) for the U.S. Borrowers fiscal month ending on the Effective Date. |
Such financial statements are complete and correct in all material respects and have been prepared in accordance with the requirements of the Credit Agreement.
2. Exhibit A attached hereto sets forth the calculation of the Debt Service Pricing Ratio and the corresponding percentages for the Applicable Margin and Applicable Letter of Credit Fee.
3. Exhibit B attached hereto sets forth the status of compliance with the covenant contained in Section 5.19 (Minimum Quarterly Consolidated Debt Service Coverage Ratio), as of the Effective Date, calculated for the applicable period as required by the Credit Agreement.
4. The undersigned hereby states that (check as applicable):
[ ] | No Default exists as of the Delivery Date (as defined below). |
[ ] | One or more Defaults have occurred or exist as of the Delivery Date. Included within Exhibit C attached hereto is a written description specifying each such Default or Event of Default, its nature, when it occurred, whether it is continuing as of the date hereof, and the steps being taken by the Borrowers with respect thereto. Except as so specified, no Default exists as of the Delivery Date. |
COMPLIANCE CERTIFICATE, Page 1
5. The undersigned hereby states that (check as applicable):
[ ] | Since the Effective Date of the prior financial statements delivered pursuant to Section 5.01 of the Credit Agreement corresponding to the previous fiscal month, fiscal quarter or fiscal year, as applicable, there has been no material change in GAAP applied in the preparation of such statements. |
[ ] | There has been a material change in GAAP applied in the preparation of the consolidated financial statements delivered herewith; included within Exhibit D attached hereto is a written description specifying each such change. |
6. The undersigned hereby states that all Material Domestic Subsidiaries that are required to be Guarantors by the terms of the Credit Agreement are Guarantors under the Credit Agreement.
COMPLIANCE CERTIFICATE, Page 2
Executed and delivered by the undersigned on , 201 (the Delivery Date).
ELIZABETH ARDEN, INC. | ||||
By: |
| |||
Name: |
| |||
Title: |
|
COMPLIANCE CERTIFICATE, Page 3
EXHIBIT A
to
COMPLIANCE CERTIFICATE
by
Elizabeth Arden, Inc.
Effective Date: , 20
Debt Service Pricing Ratio
The following is attached to and made a part of the above referenced Compliance Certificate:
The Debt Service Pricing Ratio calculated as of the fiscal quarter ending , 20 was to 1.0:
Cash Flow
(a) | Consolidated EBITDA | $ | ||
(b) | Capital Expenditures which were not financed with Indebtedness permitted under clauses clauses (e), (f) or (k) of the definition of Permitted Indebtedness | $ | ||
(c) | Cash Taxes | $ | ||
(d) | Sum of (a) - (b) - (c) | $ |
Modified Debt Service
(e) | Consolidated Net Interest Expense | $ | ||
(f) | Regularly scheduled principal payments in respect of Indebtedness | $ | ||
(g) | all cash dividends paid on Equity Interests of the U.S. Borrower | |||
(h) | Sum of (e) + (f) + (g) | $ | ||
Debt Service Pricing Ratio = (d) ÷ (h) = to 1.0 |
EXHIBIT A to Compliance Certificate, Page 1
Tier |
Debt Service Pricing Ratio |
LIBOR Loans, Overnight LIBO Rate Loans and CDOR Rate Loans |
ABR Loans and Canadian Prime Rate Loans |
|||||||
I | Greater than 2.50:1.00 | 150.0 | 00.0 | |||||||
II | Less than or equal to 2.50:1.0 but greater than 2.00:1.00 | 175.0 | 25.0 | |||||||
III | Less than or equal to 2.00:1.00 but greater than 1.50:1.00 | 200.0 | 50.0 | |||||||
IV | Less than or equal to 1.50:1.00 | 225.0 | 75.0 | |||||||
V | Less than or equal to 1.00:1.00 | 250.0 | 100.0 | |||||||
Based on the foregoing table: |
||||||||||
Applicable Margin for LIBOR Loans, (bps) Overnight LIBO Rate Loans and CDOR Rate Loans |
||||||||||
Applicable Margin for ABR Loans and (bps) Canadian Prime Rate Loans |
EXHIBIT A to Compliance Certificate, Page 2
EXHIBIT B
to
COMPLIANCE CERTIFICATE
by
Elizabeth Arden, Inc.
Effective Date: ,
Minimum Quarterly Debt Service Pricing Ratio
The following is attached to and made a part of the above referenced Compliance Certificate:
1. Average Aggregate Borrowing Base Capacity determination.
At any point during the applicable period of the Compliance Certificate ended on the Effective Date, was (i) the Average Aggregate Borrowing Base Capacity (as detailed on an attached schedule) equal to or less than 10.0% of Total Availability, or (ii) Total Availability plus the sum of the Specified Cash and Cash Equivalents (exclusive of any domestic cash or domestic cash equivalents included in clause (g) of the definition of the U.S. Borrowing Base (Cash Collateral)) less than $20,000,000? Yes No
If yes, the Borrowers must be in compliance with the Minimum Quarterly Debt Service Pricing Ratio below.
2. Section 5.19 (Minimum Quarterly Debt Service Pricing Ratio).
The ratio of Cash Flow to Debt Service, calculated as of the Effective Date for the twelve month period ending on such date was to 1.0 (as set forth below).
Cash Flow | ||||
(a) | Consolidated EBITDA | $ | ||
(b) | Capital Expenditures which were not financed with Indebtedness permitted under clauses (e), (f) or (k) of the definition of Permitted Indebtedness | $ | ||
(c) | Cash taxes | $ | ||
(d) | Sum of (a) - (b) - (c) | $ |
Debt Service
(e) | Consolidated Net Interest Expense | $ | ||
(f) | Regularly scheduled principal payments in respect of Indebtedness | $ | ||
(g) | all cash Restricted Payments (excluding up to $10,000,000 of repurchases of U.S. Borrowers stock) | $ | ||
(h) | Sum of (e) + (f) + (g) | $ |
Debt Service Ratio = (d) ÷ (h) = to 1.0 |
| |||||||
Credit Agreement requires that it be not less than 1.10 to 1.0. Compliance? |
Yes | No |
EXHIBIT B to Compliance Certificate, Solo Page
EXHIBIT C
to
COMPLIANCE CERTIFICATE
by
Elizabeth Arden, Inc.
Effective Date: ,
Defaults
The following is attached to and made a part of the foregoing Compliance Certificate:
1. | As of the Delivery Date, each of the following instances of a Default has occurred (describe): |
2. | Applicable Section(s) of Credit Agreement: |
3. | Date of first occurrence: |
4. | Check as applicable: The above referenced Default(s) |
[ ] continue(s) in existence on the Delivery Date
[ ] do/does not continue to exist on the Delivery Date
5. | The following steps have been and are being taken with respect to the foregoing. |
EXHIBIT C to Compliance Certificate, Solo Page
EXHIBIT D
to
COMPLIANCE CERTIFICATE
by
Elizabeth Arden, Inc.
Effective Date: ,
Material Changes in Accounting Principle
The following is attached to and made a part of the foregoing Compliance Certificate:
1. | As of the Delivery Date, each of the following instances of a material change in the accounting of the U.S. Borrower or its Consolidated Subsidiaries, as applicable, has occurred (describe): |
2. | Date, reason for , and supporting documentation describing each such material change: |
EXHIBIT D to Compliance Certificate, Solo Page
EXHIBIT D
to
Elizabeth Arden, Inc.
Fourth Amended and Restated Credit Agreement
Form of Consent and Subordination Agreement
Exhibit D, Cover Page
CONSENT AND SUBORDINATION AGREEMENT
This Consent and Subordination Agreement, entered into as of the day of , 20 by and among BANK OF AMERICA, N.A., a national banking association, as U.S. Collateral Agent (Agent), and ELIZABETH ARDEN, INC., a Florida corporation (the U.S. Borrower), and [ ], a [ ] (Third Party).
WHEREAS, the U.S. Borrower has or may hereafter deliver items which constitute part of their inventory to premises owned or occupied by Third Party at , , (the Premises);
WHEREAS, Lenders (as defined in that certain Fourth Amended and Restated Credit Agreement dated July 26, 2016 by and among the Borrower, certain foreign subsidiaries of the Borrower as Foreign Borrowers, JPMorgan Chase Bank, N.A., as Administrative Agent, the Agent, the other Loan Parties party thereto, and the Lenders party thereto (as such credit agreement may be amended, restated, refinanced or otherwise modified)) have provided to the U.S. Borrower certain financial accommodations and, as security for such accommodations, the U.S. Borrower and certain of its subsidiaries have previously granted Agent a security interest in certain collateral including, without limitation, the inventory owned by the U.S. Borrower and certain of its subsidiaries and located on the Premises (the Collateral);
NOW THEREFORE, for good and valuable consideration, the parties hereby agree as follows:
1. Third Party subordinates to Agent each and every right which Third Party now has or may hereafter have under the laws of the State of or any other state to obtain a lien on, set off against or to claim or assert title to any of the Collateral.
2. Third Party acknowledges that any claim or claims that the Agent has or may hereafter have against the Collateral by virtue of its security interest is superior to any lien or claim of any nature which Third Party now has or may hereafter have to the Collateral whether by statute, agreement or otherwise whether or not Agent has executed and timely filed financing statements evidencing its security interests in the Collateral.
3. Third Party agrees to keep the Collateral segregated (to the extent possible) from all of its property and property belonging to others. In the event the Collateral is comingled with other items of inventory, Third Party agrees to maintain the integrity of Collateral so as to be able, at all times, to identify and retrieve the Collateral.
4. At any time in accordance with the terms of any agreement evidencing any indebtedness, obligation or liability of the U.S. Borrower to any of the Lenders or their assigns, Agent may remove the Collateral from the Premises upon prior notice to Third Party, whenever Agent determines it is necessary or desirable to do so to protect their interests and without liability or accountability to Third Party therefore, except that Agent shall repair in a workmanlike manner at Lenders expense any damage caused to the Premises by the removal of the Collateral. Third Party agrees to grant Agent the right of entry at any reasonable time to remove the Collateral from the Premises.
CONSENT SUBORDINATION AGREEMENT, Page 1
5. Lenders may, without affecting the validity of this Consent, extend the terms of payment of any indebtedness of the U.S. Borrower to any of the Lenders or alter the performance of any of the terms and conditions of the U.S. Borrowers obligations to the Lenders, without the consent of Third Party and without giving notice thereof to Third Party.
6. Third Party agrees to give prior notice to Agent in the event Third Party intends to sell or transfer the Premises.
7. All notices, request, demands and other communications provided for hereunder shall be in writing, including facsimile transmission (FAX) and mailed or delivered by overnight courier, or transmitted by facsimile confirmed in writing mailed to the addressee, to the applicable party at the addresses indicated below:
If to Third Party:
If to U.S. Borrower:
Elizabeth Arden, Inc.
880 SW 145th Avenue
Pembroke Pines, Florida 33027
Attention: General Counsel
Facsimile No.: (954) 364-6920
If to Agent, as U.S. Collateral Agent:
Bank of America, N.A.
111 Westminster Street
Providence, Rhode Island 02903
Attention: Doug Scala, Senior Vice President
Facsimile No.: (401) 2783328
With a copy to:
JPMorgan Chase Bank, N.A.
2200 Ross Ave., 9th Floor
TX1-2921
Dallas, TX 75201
Attention: Christy L. West
Facsimile No.: (214) 965-2594
CONSENT SUBORDINATION AGREEMENT, Page 2
or, as to each party, at such other address as shall be designated by such parties in a written notice to the other parties complying as to delivery with the terms of this Section. All such notices, requests, demands and other communication shall be deemed given upon the earlier to occur of (a) the third day following deposit thereof in the United States mail, (b) twelve noon local time on the first business day following timely deposit thereof with an overnight courier services or (c) receipt by the party to whom such notice is directed.
8. This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of each of the parties.
CONSENT SUBORDINATION AGREEMENT, Page 3
IN WITNESS WHEREOF, the parties hereto, through their duly authorized representatives, have executed this Consent as of the day and year first above written.
THIRD PARTY: | ||
[ ] | ||
By: |
| |
Name: | ||
Title: | ||
BORROWER: | ||
ELIZABETH ARDEN, INC. | ||
By: |
| |
Name: | ||
Title: |
Approved by:
BANK OF AMERICA, N.A, as U.S. Collateral Agent | ||
By: |
| |
Name: | ||
Title: |
CONSENT SUBORDINATION AGREEMENT, Page 4
EXHIBIT E-1
to
Elizabeth Arden, Inc.
Fourth Amended and Restated Credit Agreement
Form of U.S. Tax Compliance Certificate
(For Foreign Lenders That Are Not Partnerships for U.S. Federal Income Tax Purposes)
Exhibit E, Cover Page
U.S. TAX COMPLIANCE CERTIFICATE
Reference is hereby made to the Fourth Amended and Restated Credit Agreement dated as of July 26, 2016 (as amended, supplemented or otherwise modified from time to time, the Credit Agreement) among Elizabeth Arden, Inc. (the Borrower Representative), certain foreign subsidiaries of the Borrower Representative as Foreign Borrowers (collectively with the Borrower Representative, the Borrowers), the other Loan Parties party thereto, the Lenders party thereto, JPMorgan Chase Bank, N.A., in its capacity as Administrative Agent for the Lenders, and Bank of America, N.A., in its capacity as U.S. Collateral Agent.
Pursuant to the provisions of Section 2.17 of the Credit Agreement, the undersigned hereby certifies that (i) it is the sole record and beneficial owner of the Loan(s) (as well as any Note(s) evidencing such Loan(s)) in respect of which it is providing this certificate, (ii) it is not a bank within the meaning of Section 881(c)(3)(A) of the Code, (iii) it is not a ten percent shareholder of any Borrower within the meaning of Section 871(h)(3)(B) of the Code, and (iv) it is not a controlled foreign corporation related to any Borrower as described in Section 881(c)(3)(C) of the Code.
The undersigned has furnished the Administrative Agent and the Borrower Representative with a certificate of its non-U.S. Person status on IRS Form W-8BEN or IRS Form W-8BEN-E, as applicable. By executing this certificate, the undersigned agrees that (1) if the information provided on this certificate changes, the undersigned shall promptly so inform the Borrower Representative and the Administrative Agent, and (2) the undersigned shall have at all times furnished the Borrower Representative and the Administrative Agent with a properly completed and currently effective certificate in either the calendar year in which each payment is to be made to the undersigned, or in either of the two calendar years preceding such payments.
Unless otherwise defined herein, terms defined in the Credit Agreement and used herein shall have the meanings given to them in the Credit Agreement.
[Name of Lender or Participant] |
By: |
Name: |
Title: |
Date: , 20
U.S. TAX COMPLIANCE CERTIFICATE, , Page 1
EXHIBIT E-2
to
Elizabeth Arden, Inc.
Fourth Amended and Restated Credit Agreement
Form of U.S. Tax Compliance Certificate
(For Foreign Participants That Are Not Partnerships For U.S. Federal Income Tax Purposes)
Exhibit E, Cover Page
U.S. TAX COMPLIANCE CERTIFICATE
Reference is hereby made to the Fourth Amended and Restated Credit Agreement dated as of July 26, 2016 (as amended, supplemented or otherwise modified from time to time, the Credit Agreement) among Elizabeth Arden, Inc. (the Borrower Representative), certain foreign subsidiaries of the Borrower Representative as Foreign Borrowers (collectively with the Borrower Representative, the Borrowers), the other Loan Parties party thereto, the Lenders party thereto, JPMorgan Chase Bank, N.A., in its capacity as Administrative Agent for the Lenders, and Bank of America, N.A., in its capacity as U.S. Collateral Agent.
Pursuant to the provisions of Section 2.17 of the Credit Agreement, the undersigned hereby certifies that (i) it is the sole record and beneficial owner of the participation in respect of which it is providing this certificate, (ii) it is not a bank within the meaning of Section 881(c)(3)(A) of the Code, (iii) it is not a ten percent shareholder of any Borrower within the meaning of Section 871(h)(3)(B) of the Code, and (iv) it is not a controlled foreign corporation related to any Borrower as described in Section 881(c)(3)(C) of the Code.
The undersigned has furnished its participating Lender with a certificate of its non-U.S. Person status on IRS Form W-8BEN or IRS Form W-8BEN-E, as applicable. By executing this certificate, the undersigned agrees that (1) if the information provided on this certificate changes, the undersigned shall promptly so inform such Lender in writing, and (2) the undersigned shall have at all times furnished such Lender with a properly completed and currently effective certificate in either the calendar year in which each payment is to be made to the undersigned, or in either of the two calendar years preceding such payments.
Unless otherwise defined herein, terms defined in the Credit Agreement and used herein shall have the meanings given to them in the Credit Agreement.
[Name of Lender or Participant] |
By: |
Name: |
Title: |
Date: , 20
U.S. TAX COMPLIANCE CERTIFICATE, , Page 1
EXHIBIT E-3
to
Elizabeth Arden, Inc.
Fourth Amended and Restated Credit Agreement
Form of U.S. Tax Compliance Certificate
(For Foreign Participants That Are Partnerships For U.S. Federal Income Tax Purposes)
Exhibit E, Cover Page
U.S. TAX COMPLIANCE CERTIFICATE
Reference is hereby made to the Fourth Amended and Restated Credit Agreement dated as of July 26, 2016 (as amended, supplemented or otherwise modified from time to time, the Credit Agreement) among Elizabeth Arden, Inc. (the Borrower Representative), certain foreign subsidiaries of the Borrower Representative as Foreign Borrowers (collectively with the Borrower Representative, the Borrowers), the other Loan Parties party thereto, the Lenders party thereto, JPMorgan Chase Bank, N.A., in its capacity as Administrative Agent for the Lenders, and Bank of America, N.A., in its capacity as U.S. Collateral Agent.
Pursuant to the provisions of Section 2.17 of the Credit Agreement, the undersigned hereby certifies that (i) it is the sole record owner of the participation in respect of which it is providing this certificate, (ii) its direct or indirect partners/members are the sole beneficial owners of such participation, (iii) with respect such participation, neither the undersigned nor any of its direct or indirect partners/members is a bank extending credit pursuant to a loan agreement entered into in the ordinary course of its trade or business within the meaning of Section 881(c)(3)(A) of the Code, (iv) none of its direct or indirect partners/members is a ten percent shareholder of any Borrower within the meaning of Section 871(h)(3)(B) of the Code and (v) none of its direct or indirect partners/members is a controlled foreign corporation related to any Borrower as described in Section 881(c)(3)(C) of the Code.
The undersigned has furnished its participating Lender with IRS Form W-8IMY accompanied by one of the following forms from each of its partners/members that is claiming the portfolio interest exemption: (i) an IRS Form W-8BEN or IRS Form W-8BEN-E, as applicable, or (ii) an IRS Form W-8IMY accompanied by an IRS Form W-8BEN or IRS Form W-8BEN-E, as applicable, from each of such partners/members beneficial owners that is claiming the portfolio interest exemption. By executing this certificate, the undersigned agrees that (1) if the information provided on this certificate changes, the undersigned shall promptly so inform such Lender and (2) the undersigned shall have at all times furnished such Lender with a properly completed and currently effective certificate in either the calendar year in which each payment is to be made to the undersigned, or in either of the two calendar years preceding such payments.
Unless otherwise defined herein, terms defined in the Credit Agreement and used herein shall have the meanings given to them in the Credit Agreement.
[Name of Lender or Participant] |
By: |
Name: |
Title: |
Date: , 20
U.S. TAX COMPLIANCE CERTIFICATE, , Page 1
EXHIBIT E-4
to
Elizabeth Arden, Inc.
Fourth Amended and Restated Credit Agreement
Form of U.S. Tax Compliance Certificate
(For Foreign Lenders That Are Partnerships For U.S. Federal Income Tax Purposes)
Exhibit E, Cover Page
U.S. TAX COMPLIANCE CERTIFICATE
Reference is hereby made to the Fourth Amended and Restated Credit Agreement dated as of July 26, 2016 (as amended, supplemented or otherwise modified from time to time, the Credit Agreement) among Elizabeth Arden, Inc. (the Borrower Representative), certain foreign subsidiaries of the Borrower Representative as Foreign Borrowers (collectively with the Borrower Representative, the Borrowers), the other Loan Parties party thereto, the Lenders party thereto, JPMorgan Chase Bank, N.A., in its capacity as Administrative Agent for the Lenders, and Bank of America, N.A., in its capacity as U.S. Collateral Agent.
Pursuant to the provisions of Section 2.17 of the Credit Agreement, the undersigned hereby certifies that (i) it is the sole record owner of the Loan(s) (as well as any Note(s) evidencing such Loan(s)) in respect of which it is providing this certificate, (ii) its direct or indirect partners/members are the sole beneficial owners of such Loan(s) (as well as any Note(s) evidencing such Loan(s)), (iii) with respect to the extension of credit pursuant to the Credit Agreement or any other Loan Document, neither the undersigned nor any of its direct or indirect partners/members is a bank extending credit pursuant to a loan agreement entered into in the ordinary course of its trade or business within the meaning of Section 881(c)(3)(A) of the Code, (iv) none of its direct or indirect partners/members is a ten percent shareholder of any Borrower within the meaning of Section 871(h)(3)(B) of the Code and (v) none of its direct or indirect partners/members is a controlled foreign corporation related to any Borrower as described in Section 881(c)(3)(C) of the Code.
The undersigned has furnished the Administrative Agent and the Borrower Representative with IRS Form W-8IMY accompanied by one of the following forms from each of its partners/members that is claiming the portfolio interest exemption: (i) an IRS Form W-8BEN or IRS Form W-8BEN-E, as applicable, or (ii) an IRS Form W-8IMY accompanied by an IRS Form W-8BEN or IRS Form W-8BEN-E, as applicable, from each of such partners/members beneficial owners that is claiming the portfolio interest exemption. By executing this certificate, the undersigned agrees that (1) if the information provided on this certificate changes, the undersigned shall promptly so inform the Borrower Representative and the Administrative Agent, and (2) the undersigned shall have at all times furnished the Borrower Representative and the Administrative Agent with a properly completed and currently effective certificate in either the calendar year in which each payment is to be made to the undersigned, or in either of the two calendar years preceding such payments.
Unless otherwise defined herein, terms defined in the Credit Agreement and used herein shall have the meanings given to them in the Credit Agreement.
[Name of Lender or Participant] |
By: |
Name: |
Title: |
Date: , 20
U.S. TAX COMPLIANCE CERTIFICATE, , Page 1
EXHIBIT F
to
Elizabeth Arden, Inc.
Fourth Amended and Restated Credit Agreement
Form of Borrowing Subsidiary Agreement
EXHIBIT F, Cover Page
BORROWING SUBSIDIARY AGREEMENT
BORROWING SUBSIDIARY AGREEMENT dated as of , 20 , among Elizabeth Arden, Inc., a Florida corporation in its capacity as Borrower Representative (the Borrower Representative), Elizabeth Arden GmbH, a company organized under the laws of Germany (the New Borrowing Subsidiary), and JPMorgan Chase Bank, N.A. as Administrative Agent (the Administrative Agent).
Reference is hereby made to the Fourth Amended and Restated Credit Agreement, dated as of July 26, 2016 (as amended, restated, supplemented or otherwise modified from time to time, the Credit Agreement), among the Borrower Representative, certain foreign subsidiaries of the Borrower Representative as Foreign Borrowers (collectively with the Borrower Representative, the Borrowers), the other Loan Parties party thereto, the Lenders from time to time party thereto, JPMorgan Chase Bank, N.A., as Administrative Agent, and Bank of America, N.A., in its capacity as U.S. Collateral Agent. Capitalized terms used herein but not otherwise defined herein shall have the meanings assigned to such terms in the Credit Agreement. Under the Credit Agreement, the Lenders have agreed, upon the terms and subject to the conditions set forth therein, to make Loans to the Borrower Representative and the other Borrowers, and the Borrower Representative and the New Borrowing Subsidiary desire that the New Borrowing Subsidiary become a Foreign Loan Party, a Foreign Borrower, a German Loan Party and the German Borrower under the Credit Agreement.
The New Borrowing Subsidiary hereby ratifies, as of the date hereof, and agrees to be bound by, all of the terms, provisions and conditions contained in the Credit Agreement, including without limitation (a) all of the representations and warranties of the Loan Parties set forth in Article III of the Credit Agreement, (b) all of the covenants set forth in Article V of the Credit Agreement, (c) all of the guaranty obligations of Foreign Loan Parties set forth in Article X of the Credit Agreement and (d) all of the undertakings pursuant to Section 7.12 with regard to Parallel Debt.
Upon execution of this Borrowing Subsidiary Agreement by each of the Borrower Representative, the New Borrowing Subsidiary and the Administrative Agent and the satisfaction of each of the other conditions precedent set forth in Section 4.03 of the Credit Agreement, the New Borrowing Subsidiary shall be a party to the Credit Agreement and shall constitute a Foreign Loan Party, a Foreign Borrower, a German Loan Party and the German Borrower for all purposes thereof.
This Borrowing Subsidiary Agreement shall be governed by and construed in accordance with the laws of the State of New York.
BORROWING SUBSIDIARY AGREEMENT, Page 1
IN WITNESS WHEREOF, the parties hereto have caused this Borrowing Subsidiary Agreement to be duly executed by their authorized officers as of the date first appearing above.
ELIZABETH ARDEN GMBH, as New Borrowing Subsidiary | ||
By: |
| |
Name: | ||
Title: | ||
ELIZABETH ARDEN, INC., as | ||
Borrower Representative | ||
By: |
| |
Name: | ||
Title: | ||
JPMORGAN CHASE BANK, N.A., as | ||
Administrative Agent | ||
By: |
| |
Name: | ||
Title: |
BORROWING SUBSIDIARY AGREEMENT, Page 2
EXHIBIT G
to
Elizabeth Arden, Inc.
Fourth Amended and Restated Credit Agreement
Form of Intercreditor Agreement
[see attached]
Exhibit G, Cover Page
EXHIBIT H
to
Elizabeth Arden, Inc.
Fourth Amended and Restated Credit Agreement
Form of Joinder Agreement
Exhibit H, Cover Page
JOINDER AGREEMENT
THIS JOINDER AGREEMENT (this Agreement), dated as of , 20 , is entered into between , a (the New Subsidiary) and JPMORGAN CHASE BANK, N.A., in its capacity as administrative agent (the Administrative Agent) under that certain Fourth Amended and Restated Credit Agreement, dated as of July 26, 2016 (as the same may be amended, modified, extended or restated from time to time, the Credit Agreement) among Elizabeth Arden, Inc. (the Borrower Representative), certain foreign subsidiaries of the Borrower Representative as Foreign Borrowers (collectively with the Borrower Representative, the Borrowers), the other Loan Parties party thereto, the Administrative Agent, Bank of America, N.A., as U.S. Collateral Agent, and the Lenders party thereto. All capitalized terms used herein and not otherwise defined herein shall have the meanings set forth in the Credit Agreement.
The New Subsidiary and the Administrative Agent, for the benefit of the Secured Parties, hereby agree as follows:
1. The New Subsidiary hereby acknowledges, agrees and confirms that, by its execution of this Agreement, the New Subsidiary will be deemed to be a Loan Party under the Credit Agreement and a Loan Guarantor for all purposes of the Credit Agreement and shall have all of the obligations of a Loan Party and a Loan Guarantor thereunder as if it had executed the Credit Agreement. The New Subsidiary hereby ratifies, as of the date hereof, and agrees to be bound by, all of the terms, provisions and conditions contained in the Credit Agreement, including without limitation (a) all of the representations and warranties of the Loan Parties set forth in Article III of the Credit Agreement, (b) all of the covenants set forth in Article V of the Credit Agreement and (c) all of the guaranty obligations set forth in Article IX of the Credit Agreement, and (d) the designation of the Borrower Representative pursuant to Article XI of the Credit Agreement. Without limiting the generality of the foregoing terms of this paragraph 1, the New Subsidiary, subject to the limitations set forth in Sections 9.10 and 9.13 of the Credit Agreement, hereby guarantees, jointly and severally with the other Loan Guarantors that are U.S. Loan Parties, to the Administrative Agent and the Lenders, as provided in Article IX of the Credit Agreement, the prompt payment and performance of the Guaranteed Obligations in full when due (whether at stated maturity, as a mandatory prepayment, by acceleration or otherwise) strictly in accordance with the terms thereof and agrees that if any of the Guaranteed Obligations are not paid or performed in full when due (whether at stated maturity, as a mandatory prepayment, by acceleration or otherwise), the New Subsidiary will, jointly and severally together with the other Loan Guarantors that are U.S. Loan Parties, promptly pay and perform the same, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same will be promptly paid in full when due (whether at extended maturity, as a mandatory prepayment, by acceleration or otherwise) in accordance with the terms of such extension or renewal.
2. If required, the New Subsidiary is, simultaneously with the execution of this Agreement, executing and delivering such Collateral Documents (and such other documents and instruments) as requested by the Administrative Agent in accordance with the Credit Agreement.
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3. The address of the New Subsidiary for purposes of Section 8.01 of the Credit Agreement is as follows:
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4. The New Subsidiary hereby waives acceptance by the Administrative Agent and the Lenders of the guaranty by the New Subsidiary upon the execution of this Agreement by the New Subsidiary.
5. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but all of which shall constitute one and the same instrument. Delivery of an executed counterpart of a signature page of this Agreement by telecopy or other electronic transmission shall be effective as delivery of a manually executed counterpart of this Agreement.
6. THIS AGREEMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER SHALL BE GOVERNED BY AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK.
IN WITNESS WHEREOF, the New Subsidiary has caused this Agreement to be duly executed by its authorized officer, and the Administrative Agent, for the benefit of the Lenders, has caused the same to be accepted by its authorized officer, as of the day and year first above written.
[NEW SUBSIDIARY] |
By: |
Name: |
Title: |
Acknowledged and accepted: | ||
JPMORGAN CHASE BANK, N.A., as Administrative Agent | ||
By: | ||
Name: | ||
Title: |
JOINDER AGREEMENT, Page 2