Whereas the European Geostationary Navigation Overlay Service (hereinafter "EGNOS") system is an infrastructure, owned by the European Union, which is monitoring and correcting signals emitted by existing global satellite navigation systems. It consists of earth stations and several transponders installed on geostationary satellites;
Whereas the European Commission is responsible for managing the European GNSS programmes, including EGNOS, in line with the requirements of the Regulation (EC) No 683/2008 of the European Parliament and of the Council of 9 July 2008 on the further implementation of the European satellite navigation programmes (EGNOS and Galileo);
Whereas in its role of programme manager, the European Commission wishes to promote widest possible market penetration of EGNOS services;
Whereas the European Commission has registered an EGNOS trademark and has adopted the EGNOS and EGNOS-enabled marks incorporating the word "EGNOS" protected by such trademark;
Whereas it wishes to provide the rights to use such EGNOS Mark to all EGNOS stakeholders and users in order to promote the widest possible use of EGNOS services and applications;
Whereas the European Commission has adopted the following Regulations on Use and Management of the EGNOS Mark (hereinafter 'the Regulations'):
By using the EGNOS Mark, the user agrees to comply with the present Regulations.
Article 1 Definitions
1. "EU" shall mean the European Union, represented by the European Commission.
2. "EGNOS" shall mean a GNSS system, which is monitoring and correcting signals emitted by existing global satellite navigation systems; it consists of earth stations and several transponders installed on geostationary satellites.
3. "EGNOS Mark" shall mean the mark's representations depicted in Article 5.3.
4. "User" shall mean any legal or natural person who upon acceptance of the terms and conditions of the present Regulations it is granted rights to use the EGNOS Mark.
5. "Public Body" shall mean any and all European public bodies, such as EU agencies, joint undertakings, international and intergovernmental organizations, national space agencies and other national public bodies of EU Member States that carry out activities related to GNSS. The following entities shall be considered Public Bodies for the purposes of this Regulation: European Space Agency (ESA), European GNSS Agency (GSA), European Aviation Safety Agency (EASA), SESAR Joint Undertaking (SJU), Eurocontrol.
Article 2 Permitted Use
1. Any User can use the EGNOS Mark in the course of its commercial or non-commercial activities related to the Global Navigation Satellite Systems with the exceptions provided in the Article 6.
2. The Permitted Use is subject to the following conditions:
a) The EU is acknowledged as the owner of the EGNOS system and the European Commission as a manager of the EGNOS program, and there is no likelihood of confusion as to the role or relation of the User to the program (e.g. stakeholder, contractor, Public Body);
b) The EGNOS Mark is used in connection with objectives and activities, which are compatible with the aims and principles of the EU;
c) The EGNOS Mark is quoted as a registered trademark.
3. The following uses will be automatically considered related to the GNSS under 2.1 above and compatible with the aims and principles of the EU under 2.2.b above:
a) use by the EU Framework Programme beneficiaries that are working in the communication on the projects related to EGNOS;
b) use by the contractors of the EU and other Public Bodies involved in the programmes, when they refer to their participation as contractors in such public projects;
c) use by the universities, research centers, institutes and other educational, academic, science and R&D organizations in relation to their educational and research activities.
4. The Permitted Use shall include but is not limited to:
a) any promotional materials, such as but not limited to publications, web banners, display banners, emails, letterheads and other;
b) making free copies, by downloading to printer or to an electronic, magnetic or optical storage media, of the EGNOS Mark at www.egnos-portal.eu for the purposes of private studies, research, criticism, review, reference, news reporting and other personal uses;
c) making copies and/or reproductions of the EGNOS Mark by all Public Bodies.
5. All other cases will be examined individually upon written request submitted to the address communicated in Article 11. A separate, written authorization may be issued.
Article 3. Ownership of the EGNOS Mark
1. The registered word trademark is the following:
2. The Users hereby recognize the EU's ownership title to the EGNOS Mark and shall not at any time carry out any action, which is likely in any way to prejudice such title. It is understood that the Users shall not acquire nor claim any title to the EGNOS Mark, either before, on, or after the date of the publication of these Regulations.
3. The Users shall not without the prior express written approval of the EU, use, seek to use, register or seek to register any EGNOS Mark or any other mark, service mark or distinctive sign which is or contains the EGNOS Mark, the word EGNOS or which is so similar to the EGNOS Mark as to be likely to cause deception or confusion.
Article 4. Warranties
The EU gives no warranty, except to the extent of its institutional existence and of its underlying entitlement to the EGNOS Mark.
Article 5. Graphical specifications
1. The User shall not alter the EGNOS Mark artwork in any way other than to increase or decrease in size. If the EGNOS Mark is reduced or enlarged the proportions must be respected.
3. It has to be used either in black and white or with the following pantones just as depicted below:
|Sunny yellow||001 032 100 000||130||249 180 024||FB B4 18|
|Terra yellow||019 055 100 004||145||199 126 042||C7 7E 2A|
|Night blue||100 080 000 060||282||000 028 084||00 1C 54|
|Ocean blue||100 061 000 045||541||000 060 114||00 3C 72|
4. The EGNOS Mark must have a height of at least 20 mm with 100 pixels in width if it is used on printed documents or on web pages.
5. The EGNOS Mark as referred to in Article 5.3 a) and b) has to be surrounded by a blank area in white, which must not contain any text, logo, trademark or drawings. The size of this area is calculated as presented below (where "X" represents the height of the logo).
Article 6. Protection of integrity
1. All Users shall maintain and protect the integrity of the EGNOS Mark. They will act to correct actions that dilute its image.
2. In order to protect integrity and efficiency of the EGNOS Mark:
a) the affixing for any other marking liable to deceive third parties as to the meaning and form of the EGNOS Mark is prohibited;
b) the Users shall not use the EGNOS Mark in any manner that is derogatory to or causes prejudices to the EU or the present Regulations;
c) the EGNOS Mark shall not be used in any manner that expresses or might imply EU's affiliation, endorsement, certification, or approval, other than as set forth by the European Commission prior written authorization upon request;
d) the EGNOS Mark, or any elements thereof, may not be included in trade or business name, domain name, product or service name, trade dress, design, slogan or other trademarks. Commercial websites might use the EGNOS Mark if they are actually providing services that involve GNSS but it must be clear that the owner of the website is independent from the EU. Non-commercial websites utilizing the EGNOS Mark for purposes of information, discussion, or promotion of the Mark are permitted;
e) the Users shall not combine the EGNOS Mark with any other object, including, but not limited to, other logos or marks, icons, words, graphics, photos, slogans, numbers, design features, symbols;
f) the EGNOS Mark shall not be used as a design feature on any commercial product or service materials.
g) the EGNOS Mark shall not be imitated in any manner.
Article 7 Management and Protection
1. The EU is in charge of authorizing and establishing the scope and rules for the use of the Mark, and has authority to address any violations of these Regulations. The EU can delegate partly or totally its powers to address said violations to any third party.
2. The EU will supervise the use of the EGNOS Mark.
3. The Users shall electronically submit to the European Commission upon registration the Registration Form. It includes personal data and a link/copy of the public use of the EGNOS Mark for the purposes of identification to allow the use of the Mark, monitor this use, market definition and subsequent archiving. The Registration Form constitutes an integral part of the present Regulations. The EU ensures that any personal data will be kept confidential and managed according to the Regulation (EC) No 45/2001 of 18.12.2000. The User has right to access to and rectify any processing of his personal data. To exercise these rights, the User may use the contact point referred to in Article 11.
4. Where it is established that the EGNOS Mark has been affixed unduly, the User, its agent or, exceptionally, the person responsible for placing the product in question on the
EU market or for providing the service in the EU market, is obliged to make the use of the Mark comply with the Regulations and to end the infringement with no delay.
5. Refusal to correct such deficiencies or to cease publication or distribution could result in revocation of the right to use the EGNOS Mark and in appropriate measures to restrict or stop provision of the service to the market.
Article 8. Termination of use
Authorization granted herewith will be deemed terminated if the User is found to use the EGNOS Mark in any other way than as specified in these Regulations.
Article 9. Action by the EU
In cases of counterfeiting, other cases of illegal use of the EGNOS Mark and sabotage of its image, the EU will act to correct the situation, confiscate counterfeits, and take legal actions in accordance with the European Union and applicable national laws. The EU may delegate the present empowerment to third parties.
Article 10. Governing Law and Dispute Settlement
1. The Regulations shall be governed by the Law of the EU and where necessary by the Law of Belgium.
2. The Parties agree that any dispute controversy or claim resulting from the interpretation or application of these Regulations which failed to be settled amicably shall be submitted to the jurisdiction of the General Court of the EU in Luxembourg, subject to an appeal to the Court of Justice of the European Union.
Article 11. Administrative provisions
Any communication and correspondence from the User with reference to these
Regulations shall be made in writing to the following addresses:
For administrative questions:
European Commission, Joint Research Center (JRC)
Unit A2 - Intellectual Property and Technology Transfer
B-1049 Brussels, Belgium
To the attention of Head of Unit
For technical questions:
European Commission, Directorate General for Enterprise and Industry (DG ENTR)
EU Satellite Navigation Programmes
Legal, Financial and Institutional Aspects Unit
B-1049 Brussels, Belgium
To the attention of Head of Unit