SECTION A Chapter 1 CERTIFICATION Mark
Section A: 1.1 Mark Definition Certification Mark - A certification mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce with the owner’s permission by someone other than its owner, to certify regional or other geographic origin, material, mode of manufacture, quality, accuracy, or other characteristics of someone's goods or services, or that the work or labor on the goods or services was performed by Members of a union or other Organization.
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Section A Chapter 2 |
Definitions |
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0.0 A. Ch 2 DCM-1 |
GROOMOLOGY® means: Yuppie Puppy Studios exclusive brand of practices and studies in the Art, Science, Health and Safety of animal grooming and hygiene (primarily dog grooming) academic studies and instructional educational services, namely, providing classes in the field of the Art, Science, Health, and Safety study of animal grooming, grooming health requirements, grooming lifestyle needs, personality's of particular breed's, artistic grooming, to also include pet owner's needs before, during, and after grooming. |
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1.0 A. Ch 2 DCM-1 |
Apprentice means: - a person serving an apprenticeship during employment @ Yuppie Puppy Studios. |
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2.0 A. Ch 2 DCM-1 |
Apprenticeship means: – Employee Training Program of Yuppie Puppy Studios. |
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3.0 A. Ch 2 DCM-1 |
Program means: - an integrated course of academic and hands on studies provided by Yuppie Puppy Studios, GROOMOLOGY® training. |
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4.0 A. Ch 2 DCM-1 |
Graduate means – An employee that has completed Yuppie Puppy Studios, GROOMOLOGY® Apprenticeship Training Agreement and Employment Contract. |
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5.0 A. Ch 2 DCM-1 |
Service means: - Pet dog grooming |
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6.0 A. Ch 2 DCM-1 |
Studios means: - Yuppie Puppy Studios - located at 516 Harwell Street Burkburnett, Texas 76354 |
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7.0 A. Ch 2 DCM-1 |
Practice: means: - conducting and performing Professional Pet Dog Grooming at a Commercial location |
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8.0 A. Ch 2 DCM-1 |
Licensor: means: - - Lawrence Richard Neely & Pamela C Neely, owners of the Trade/Service and Certification Marks |
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9.0 A. Ch 2 DCM-1 |
Licensee: means: - a person Licensed to use the Licensor's Mark |
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10.0 A. Ch 2 DCM-1 |
Licensed User: means: - Yuppie Puppy Studios Apprentice/Employee that has successfully completed the licensor’s GROOMOLOGY® Apprenticeship Program qualifying such an apprenticed person for rights to a " Users License" to use the Licensors Certification Mark. |
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11.0 A. Ch 2 DCM-1 |
Mark: means: - CERTIFIED K 9 GROOMOLOGIST® |
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Notice - No Marks are currently approved for Licensing Use other than our Registered Certification Mark - CERTIFIED K 9 GROOMOLOGIST® and only issued a "Users License" for the Certification Mark - Purpose and under the following Terms of Use and Conditions; |
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Section A Chp. 3 |
Certification Mark - Purpose |
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8.0 A. Ch 3 CM-1P |
The Mark - Certified K 9 GROOMOLOGIST® - is to identify a present or past Employee of Yuppie Puppy Studios as a person having completed Yuppie Puppy Studios GROOMOLOGY® Apprenticeship @ 516 Harwell Street Burkburnett, Texas 76354 The certification mark, as used by the authorized persons - (licensed users) certifies a specific level of knowledge, training, experience regarding animal (dog) grooming, grooming health requirements, grooming lifestyle needs, personalities of particular breed's, artistic grooming, and pet owner's needs before, during, and after grooming. |
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9.0 A. Ch 3 CM-1P |
Only
Yuppie
Puppy Studios, Apprentices |
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10.0 A. Ch 3 CM-1P |
CERTIFIED K 9 GROOMOLOGIST ® |
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11.0 A. Ch 3 CM-1P |
in advertisements, literature, or other information relating to the Graduates professional practice of pet grooming. |
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Section A Chp. 4 |
Terms of Use and Conditions |
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LICENSED - CERTIFICATION MARK - USERS |
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13.0 A. Ch 4 TUC |
The Mark and Users license is available to: |
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14.0 A. Ch 4 TUC |
a Yuppie Puppy Studios Employee that has completed an Apprenticeship program sponsored by the Licensor and |
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15.0 A. Ch 4 TUC |
is expressly conditioned, upon the following: |
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16.0 A. Ch 4 TUC |
A Licensed User of the Licensors Certification Mark – |
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17.0 A. Ch 4 TUC |
CERTIFIED K 9 GROOMOLOGIST® agrees to all |
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18.0 A. Ch 4 TUC |
“Terms of Use and Conditions” of the Marks use |
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19.0 A. Ch 4 TUC |
set forth by the Licensor and the Agreements herein. |
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20.0 A. Ch 4 TUC |
Users shall remain in compliance with all State and local business laws and |
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21.0 A. Ch 4 TUC |
the laws of the Country in which they conduct a professional pet grooming practice. |
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22.0 A. Ch 4 TUC |
Users use of the licensors marks shall always accompany the Licensors Unregistered Marks with the symbol SM after Word Mark use. |
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23.0 A. Ch 4 TUC |
When the Licensed User receives notification from the Licensor that Unregistered Marks have been registered by the United States Patent and Trademark Office. |
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24.0 A. Ch 4 TUC |
Upon receipt of such notification, the Licensed User shall thereafter accompany the Licensors Certification Mark with the symbol ® |
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25.0 A. Ch 4 TUC |
The Licensed User acknowledges that the Certification Mark is exclusively and validly owned, in all its right, title, and interest, sole by the Licensor. |
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26.0 A. Ch 4 TUC |
The Licensed User expressly waives any rights it might have or ever had to contest such ownership and agrees not to do or cause any act contesting or in any way impairing or tending to impair the Licensor‘s Mark ownership, right, title, and interest. |
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27.0 A. Ch 4 TUC |
The Licensor expressly reserves its rights to grant a Certification Mark "User license" to a Yuppie Puppy Studios Employee completing an Apprenticeship whether or not such Apprentice competes with the pet grooming services of any previous licensed users. |
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28.0 A. Ch 4 TUC |
Upon request of Licensor, all licensed users hereby agrees to provide a representative sample of any advertisement, literature, package, or label prepared for and/or by the User of the Certification Mark. |
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29.0 A. Ch 4 TUC |
Upon request of Licensor, a Licensed User further agrees to provide any required corrective modifications to such samples or new sample |
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30.0 A. Ch 4 TUC |
The license herein agreed to by the user is non-assignable or otherwise divisible or transferable. |
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31.0 A. Ch 4 TUC |
In agreeing to the license herein, the Licensor assumes no liability to the Licensed user or third parties with respect to the operation, practice and performance of any pet grooming services offered by a user. |
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32.0 A. Ch 4 TUC |
Licensed Users shall defend, indemnify and hold harmless the Licensor from and against all claims and expenses including reasonable attorney’s fees actually incurred by the user arising out of the pet grooming practice, performance, operation and services where the Mark is used. |
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33.0 A. Ch 4 TUC |
A Licensed User shall provide the name, address, and phone number of the employer where Licensor’s Mark is in use. |
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34.0 A. Ch 4 TUC |
The Licensed user shall provide to the Licensor, evidence the employers business complies with State, City, County licenses and permit laws. |
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35.0 A. Ch 4 TUC |
A self-employed user agrees to provide evidencing copy of all State, City, County required business licenses and permits. |
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36.0 A. Ch 4 TUC |
The Licensed user agrees to provide to the Licensor all such information prior to the use of the Certification Mark. All State, City, County, required licensing and permits shall remain in force and effect during use of the Licensor’s Certification Mark and any renewal thereof. |
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37.0 A. Ch 4 TUC |
Failure to maintain these relevant licenses and permits shall be deemed an automatic termination of the Use of the Mark in its entirety, including the users license herein. |
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38.0 A. Ch 4 TUC |
The Licensor shall annually publish a listing of employee completed Apprenticeships that have successfully completed training that remain in good standing and that are licensed to use the Licensor's Certification Mark. |
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39.0 A. Ch 4 TUC |
Licensed Mark Users shall furnish the Licensor in a timely manner all required information and updated information. The Licensor shall not be responsible for errors or omissions in the submissions used for publications. |
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40.0 A. Ch 4 TUC |
The Licensed User agrees to pay an annual Users License fee of $125.00 (0ne hundred and Twenty-five dollar) to the Licensor of the Certification Mark. Yuppie Puppy Studios employee completed Apprenticeships Certification Mark is |
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41.0 A. Ch 4 TUC |
Any failure to submit the annul information required in 39.0 A and 40,0 A Ch 4 TCU and a license fee payment within 30 days of the users due date shall result in the immediate and automatic revocation of the use of the Mark. |
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42.0 A. Ch 4 TUC |
No further use of the Mark shall be permitted or in any way offered as evidence of Certification by a defaulting user while such deficiencies are in effect. |
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43.0 A. Ch 4 TUC |
Reinstatement of the use of the Mark is effected if the deficiencies are corrected within 6 months after of the due date. |
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44.0 A. Ch 4 TUC |
The issuance or effective period of renewal shall be contingent upon compliance in all respects by the Licensed User remaining in "Good Standing" with the provisions of this agreement. |
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45.0 A. Ch 4 TUC |
Upon termination of the use of the mark for any reason, graduate shall not thereafter affix the Licensor’s Certification Mark to any advertisements, literature, or other information relating to their professional practice of pet grooming. |
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46.0 A. Ch 4 TUC |
The Licensor or representative of the Licensor, for a reasonable length of time after termination of the use of Licensor’s Mark, shall have access to pertinent services and facilities to verify that the Mark is not being affixed or used in any advertisements, literature, or other information relating to their professional practice of pet grooming. |
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47.0 A. Ch 4 TUC |
The Licensor and Licensor’s representative shall agree to hold in strict confidence any and all confidential self-employment information provided by a licensee related to their professional pet grooming practice. |
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48.0 A. Ch 4 TUC |
When notified by the Licensor, the Graduate, as a Licensed User of the Mark, agrees to comply with all additional Terms of Use and Conditions and Industry Standards of Practice. |
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49.0 A. Ch 4 TUC |
An Apprentice or Graduate that opts out or found to be in violation of any of the terms of use and conditions as a Licensed User will receive an appropriate employer or school "Certificate of Completion" stating they are a “Dog Grooming Practitioner” and shall be forbidden from using any and all of the Licensors Marks. |
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50.0 A. Ch 4 TUC |
Apprenticing Employees that opt out as "Licensed User", shall not be authorized/permitted to use Licensors Marks, CERTIFIED K 9 GROOMOLOGIST® |
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51.0 A. Ch 4 TUC |
or represent themselves using the Registered root "word marks" GROOMOLOGIST® or GROOMOLOGY® with any suffix or prefix in whole or part the Licensors marks |
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52.0 A. Ch 4 TUC |
Only successful completers of Yuppie Puppy Studios GROOMOLOGY® Apprenticeship training and employment may my qualify for a Users License to identify, reference, call them self a Certified K 9 GROOMOLOGIST® |
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53.0 A. Ch 4 TUC |
Yuppie Puppy Studios Apprentices that do not complete their respective employment apprenticeship programs for any reason, shall not be permitted to represent themselves with the use of the Licensor Certification Mark or any Service Marks of the Licensor. |
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54.0 A. Ch 4 TUC |
The licensor reserves the right to add, omit and modify all User License - Terms of Use and Conditions as necessary. |
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more information see - All Rights Reserved |
Copyright © 2002 - 2008 L. Richard Neely
Updated 03/14/2009