All intellectual, industrial and similar property rights over the Seal belong and will continue to belong exclusively to ECOEMBES. In this sense, ECOEMBES certifies that it is the owner of a wide portfolio of trademarks, among which are, for the purposes of these Conditions, the following European Union trademarks:

– nº 18438244 – “ ”, requested on 03/25/2021, granted and in force in class 42;

– nº 18438245 – “ ”, requested on 03/25/2021, granted and in force in class 42;

Only the Startups to which ECOEMBES has granted registration in the Registry and, if applicable, its Renewal, and while their registration in the Registry is active, may use the Seal, on a non-exclusive basis, under the conditions and forms specifically indicated in these Conditions and for the specifically authorised products. In particular, a Startup may:

• Display the Seal at its headquarters and locations.
• Include the Seal on its website. 
• Include the Seal in its email communications with clients and all types of partners. These must be corporate messages sent from accounts with the same domain as the Startup’s main website, therefore their inclusion in private emails or sent from non-official company accounts is prohibited.

The powers of use contained in this section are exclusive to the Startup, non-transferable and non-sublicensable, and are limited to the territory of effects of the ECOEMBES brands that protect the Seal, that is, the European Union, for a merely informative purpose – exposed in the object of these Conditions-, during the Validity Period -defined below- (as long as the Registry continues to exist) and to the uses established in these Conditions, being expressly prohibited for the Startup to use the Seal for profit. Likewise, the Seal cannot be used by the Startup to identify products and services in the market, but only for the aforementioned purpose and that is stated in the object of these Conditions. In any case, any use other than those permitted or outside the territory of the European Union must obtain prior written authorisation from ECOEMBES. Notwithstanding the foregoing, ECOEMBES will not be in any case responsible for unauthorised uses or uses outside the territory of the European Union that Startups make of the Seal.

The Seal officially represents obtaining registration in the goCircular Pass Registry and its shapes are unalterable (both with respect to its colors, proportions, and spatial relationships). Startups must use the Seal in an ancillary fashion, meaning it may not be shown in a size that is equal to or larger than their own brand, nor be placed in a prominent location. The Seal may not be used as a substitute for the Startup’s own branding.

For clarification purposes, the Seal must be used as registered, and, therefore, with all the elements that make it up, without being able to use its elements independently.

The Seal may not be used as part of the Startup’s name, trade name, domain name or branding, nor in any way that creates the impression that the Startup’s brand and the Seal are one and the same, or that the Seal belongs to the Startup.

On electronic and online media, a link must be provided on the Seal that directs to the goCircular Pass Registry website, which will provide relevant data on the Startup as well as the validity date of the Seal. If the Seal is shown on a non-electronic medium, its valid-until date must be included. In both cases (electronic and non-electronic means), the reference to the condition of the Seal trademark, owned by ECOEMBES, must be included.

Once the Validity Period has expired (term defined below), and until its Renewal is granted (term defined below), the Seal must be removed from the website, communications, offices and premises and, in general, from any media, tangible or intangible, to which it has been incorporated. The expiration of the Validity Period (term defined below) will have the same effect as the refusal or non-registration in the goCircular Pass Registry, therefore, from that moment on, any use of the Seal will be prohibited for the Startup.

Startups may not use the Seal in a way that could directly or indirectly damage it image, reputation and/or notoriety (or that of ECOEMBES and/or TheCircularLab) or that could mislead consumers about its ownership.

Neither may the Startup, at any time and for an indefinite period, request registration either by itself or through third parties, in any territory, a distinctive sign or other industrial property title or perform works and/or creations (including, at merely illustrative and non-limiting title, software, web pages, applications, and their look and feel) that incorporate, comprise or are similar to the Seal and/or any of its elements.

For clarification purposes, the obligations contained in this section apply to all Startups that have submitted their application to participate in the goCircular Pass initiative, regardless of the final decision on whether or not to award the Seal by the Evaluation Committee.

In the event that ECOEMBES detects any anomaly regarding the use of the Seal or suspects that a Startup is making the normal development of the goCircular Pass initiative impossible, damaging its purposes, or carrying out any unauthorised use, or infringing the obligations contained in these Conditions, or is impairing the exclusive rights of ECOEMBES over the Seal, ECOEMBES reserves the right to revoke the registration in the Registry, deregistering the Startup, even before the expiration date of the Period of Validity and/or Renewal, without prejudice to the indemnity that corresponds to ECOEMBES for the damages that may arise and any other legal measures that ECOEMBES deems appropriate to undertake. In the event that the Startup has any knowledge, direct or indirect, of any infringement, forgery, misuse, claim (judicial or extrajudicial), complaint, etc. about the Seal or that affects it, you must notify ECOEMBES immediately so that ECOEMBES can carry out the actions and/or actions it deems pertinent for the defense of its rights and interests, the Startup committing to provide ECOEMBES with all the necessary information and collaboration. The legitimacy for the exercise of actions and actions in relation to the Seal corresponds to ECOEMBES.