31 December 2018
Saint-Sixtus Abbey is the owner of the registered figurative trademark Abdij ST-SIXTUS Westvleteren, registered on 21 April 2021 under trademark number 018355617.
This trademark is registered for the following classes:
- 30: Yeast
- 32: Beers
- 35: Merchandising.
The logo in the figurative trademark of Saint-Sixtus Abbey is a stylised adaptation of the Abbey's coat of arms, which follows the ecclesiastical heraldry. Its use goes back to the 19th century.
The coat of arms:
The coat of arms is in sinople green (CMYK 100-0-100-40; RGB 54-120-60), one of the five basic colours used in heraldry.
Symbol of administrative power, it is turned to the right in the coat of arms of the Abbey.
The crossed keys:
The crossed keys or papal keys refer to bishop Sixtus II, who died as a papal martyr in the third century.
The palm tree:
Reference to a verse from Psalm 92:13 "Justus ut palma florebit" (The righteous shall flourish like a palm tree).
2. Consent required for trademark use
The figurative trademark of Saint-Sixtus Abbey can only be used with the written permission of Saint-Sixtus Abbey. Such permission is specific, i.e., it applies only to the relevant situation and purpose for which the permission has been obtained. Every other use than that permitted by Saint-Sixtus Abbey constitutes a trademark infringement that can be punished based on the Belgian Code of Economic Law.
The amendment or modification of the figurative trademark does not automatically lead to the trademark being allowed to be used. Certain adjustments or changes may in fact result in the trademark still being considered 'used'.
If you wish to obtain permission to use the figurative trademark, please contact us at [email protected] Please include your identity details, the desired trademark and its intended use and purpose. We will then contact you in order to approve, modify or refuse the relevant application.
Saint-Sixtus Abbey reserves the right to withdraw, at any time and at its own discretion, without having to give any reasons, the permission to use the figurative trademark resulting from this Trademark Policy. In any case, this permission will be automatically revoked without prior notice in case the user does not respect the Trademark Policy.
Saint-Sixtus Abbey can change or withdraw this Trademark Policy at any time. The users declare to agree with and to comply with the latest version of the Trademark Policy.
3. Unauthorised uses
According to the legal requirements, it is not permitted to use the registered figurative trademark in the following cases. These are purely indicative and non-exhaustive. Not permitted is:
- A use of the sign in the categories of yeast, beers, or merchandising, as a trademark, to identify goods or services in commerce. This may be the case, for example, when used on goods or their packaging, when used as a trade or business name, when used in advertising or comparative advertising, or when used for the import or export of goods.
- Use of the sign as a trademark in categories other than those listed above if this could mislead the relevant consumer as to the origin, quality, or advertising of the goods and/or services.
- Use of the sign in any manner other than as a trademark if this could detract from one or more of the essential functions of the trademark.
- Use of the sign as a trade name or company name.
- Use of the sign on social media in such a way as to mislead the consumer as to the origin of the goods or services in question or in such a way that it creates the impression of an economic link between the two companies.
- Improper use of the sign in a publicity way that is unwanted by the company. This may, for example, consist of setting up a social media page with the trademark name in question.
- Use of the sign which may turn it into a generic name for the goods or services in question.
- Improper use of the sign as a domain name, link, meta tag, as well as any other use on a website when this is in bad faith or could mislead the relevant consumers as to the origin, quality or publicity of the goods or services concerned.
- Use of the sign in any way that damages the trademark, its reputation, or the goods/services to which it refers. Also, use of the trademark in such a manner that it is apparent to the relevant consumer that the two companies are connected in an economic manner.
- Use of advertising material in which the trademark Abdij ST-SIXTUS Westvleteren® appears is also not allowed without the permission of Saint-Sixtus Abbey.
4. Permitted uses
According to the legal provisions, however, it is permitted to use the registered figurative trademark in the following cases. These are purely indicative and non-exhaustive. Permitted is:
- Use of the sign for other than economic purposes.
- Use of the sign for private purposes, which are not pursued with a view to making a profit.
- Use of the sign for educational or informational purposes.
- Use of the sign as a decoration or for aesthetic purposes not pursuing profit.
- Use of the sign if it is necessary for the provision of own (complementary) goods or services. For example, the trademark may be used to inform the consumer about the provision of the (complementary to the trademark goods) proprietary goods.
- Use of the sign for advertising, other than comparative advertising, if its purpose is to recommend or assess the trademark or inform consumers about its qualities.
- Use of the sign for journalistic purposes intended to inform the reader, listener, or viewer about the trademark in question or the goods/services connected with it.
- Use of the sign in comparative advertising, if it is intended to inform the consumer and cannot mislead or confuse the consumer, nor does it affect the good name or reputation of the trademark, nor unfair advantage is obtained through the use of the trademark, nor does it present goods or services as imitations of the trademark-related goods or services in question.
- Use of the sign for classes other than those listed above, if the relevant consumer cannot be misled as to the origin, quality or advertising of the goods and/or services.
These permitted uses must, however, be made dependent on respectful and reverent use of the figurative trademark Abdij ST-SIXTUS Westvleteren®, without Saint-Sixtus Abbey, its employees, services or goods suffering any damage as a result. In these permitted uses, the figurative trademark Abdij ST-SIXTUS Westvleteren® must not be particularly emphasised over the name of the goods/services concerned.
Each time the figurative trademark is used, the following wording must be stated. "The figurative trademark Abdij ST-SIXTUS Westvleteren® is protected by European trademark law and belongs to Saint-Sixtus Abbey. Every improper use can lead to a trademark infringement". This wording should be mentioned in a clear manner, close to the relevant trademark.
Whoever mentions the trademark undertakes to encourage third parties to apply the same practices in order to maintain fair commercial practices.
6. Distinctive image
Each time the figurative trademark is used, it must be displayed in a separate and distinctive manner. Thus, the trademark must not be depicted in any combination, collage or in indistinct manner. The figurative trademark must be depicted in a clear manner, separate from other trademarks or signs, on such a background as to make it possible to distinguish the trademark.
7. Trademark symbol
Whenever the figurative trademark is used, it must be accompanied by the ® symbol.
8. Compliance with our general terms and conditions
Furthermore, any use of the trademark must be in accordance with our general terms and conditions, which can be found on our website.
If you have any further questions concerning this Trademark Policy, the use of our figurative trademark or any other question concerning our intellectual property rights, please contact us at [email protected]