5. DLMS UA Certification Trademark(s) License.


5.1 DLMS UA Certification Trademark(s)

Subject to Art.4, the DLMS UA Member and DLMS UA Members’ Affiliate(s) shall recognize the substantial goodwill associated with the DLMS UA Certification Trademark(s) and shall comply with the requirements described in the Annex C – “DLMS UA Certification Trademark(s) Guidelines”, as amended from time to time by the DLMS UA Board of Directors, in accordance with the DLMS UA Internal Regulations (Bylaws), regarding the use, appearance and placement of the DLMS UA Certification Trademark(s).

5.2 Certified Products

For Certified Products released to market prior to the starting date of the DLMS UA Qualification Program, launched on April 1st, 2021, each DLMS UA Member and DLMS UA Members’ Affiliate(s) may request authorization to use the new DLMS UA Certification Trademark(s) for such Certified Products. The DLMS UA Member and DLMS UA Member’s Affiliate(s) wishing to take advantage of this option shall be offered a short track procedure of the DLMS UA Qualification Program at a discounted rate, as communicated to all Members.

5.3 Product or Service Submitted

Each product or service submitted by a DLMS UA Member or DLMS UA Members’ Affiliate(s) in Good Standing as defined in the DLMS UA Internal Regulations (Bylaws)) to the DLMS UA Qualification Program, incorporating part or all of the DLMS UA IP, having successfully fulfilled the requirements and eligibility as set forth by the DLMS UA QPP and having successfully met the DLMS UA Qualification Requirements, shall be granted a worldwide, royalty-free, non-exclusive, transferable, license to use the DLMS UA Certification Trademark(s) with that product. The DLMS UA Member shall use the DLMS UA Certification Trademark(s) to mark the Certified Product and any related technical or commercial documentation. If the DLMS UA Certification Trademark(s) cannot be marked on the Certified Product due to limited space or design constraints, the DLMS UA Certification Trademark(s) may instead be applied only on the associated technical or commercial documentation.

5.4 Compliance with DLMS UA Qualification Requirements

The DLMS UA Member and DLMS UA Members’ Affiliate(s) shall ensure that all DLMS UA Certified Products incorporating DLMS UA IP, once identified by the DLMS UA Certification Trademark(s), shall comply with the DLMS UA Qualification Requirements at all times.

5.5 Use of the DLMS UA Certification Trademark(s)

The DLMS UA Member and DLMS UA Member’s Affiliate(s) may use the DLMS UA Certification Trademark(s) solely as expressly permitted by the DLMS UA Certification Trademark(s) Guidelines as per Annex C – “DLMS UA Certification Trademark(s) Guidelines”

  1. The DLMS UA Member and its Affiliate(s) shall not use the DLMS UA Certification Trademark(s) in any manner likely to reduce, diminish or damage the goodwill, value or reputation associated with the DLMS UA Certification Trademark(s). The DLMS UA Certification Trademark(s) shall therefore not be used by a DLMS UA Member or DLMS UA Members’ Affiliate(s) in connection with inappropriate or unlawful activities.
  2. Notwithstanding any provisions in Art.4 and Art 5 regarding rights and obligations, the DLMS UA Member and its Affiliate(s) are under no obligation to use the DLMS UA Certification Trademark(s) on any commercial documents concerning the DLMS UA Certified Products. The DLMS UA Member and its Affiliate(s) are not required to reference DLMS UA or publicize their DLMS UA Membership in connection with use of the DLMS UA Certification Trademark(s), except as expressly stated in Annex C – “DLMS UA Certification Trademark(s) Guidelines”.
  3. The DLMS UA Member and its Affiliate(s) shall not use, adopt, or register any mark, service mark, certification mark, or Trademark(s) likely to cause confusion with the DLMS UA Certification Trademark(s) in accordance with applicable laws.
  4. The DLMS UA Member and its Affiliate(s) may not use or adopt any trademarks other than the DLMS UA Certification Trademark(s) in association with DLMS UA IP, except with the prior approval of the DLMS UA President.

5.6 Misuse of the DLMS UA Certification Trademark(s)

Misuse of the DLMS UA Certification Trademark(s) by a DLMS UA Member in Good Standing shall be notified in writing and shall result in the immediate suspension of the Membership Agreement. If the misuse is not corrected within thirty (30) days from the date of DLMS UA’s written notification, DLMS UA shall notify the DLMS UA Member of the immediate termination of the Membership Agreement, which shall then take effect. 

5.7 Legal Action in Case of Misuse

DLMS UA reserves the right to take any legal action against DLMS UA Members who misuse the DLMS UA Certification Trademark(s), or against DLMS UA Members who have lost their Good Standing status but continue to use the DLMS UA Certification Trademark(s) beyond the limit set forth in Art 4.3.