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FODMAP DOCUMENTATION

Page last updated: 18 July 2017

Australia

Type: Certification mark and standard mark

Status: Registered national registrations

Rules: Lodged at TMO and approved

Rules Version: 7

Rules Changes: Official approval required, takes 3-6 months

Recordal of Licensees: Recordal of licences not essential, but can help in infringement situations, to demonstrate use of the trade mark. Recommended.

20140417 V2014.07.AU FODMAP FRIENDLY License with application form, incorporating Rules for use in Australia only

Australia – Certificate of Registration (certification mark)

Australia – Certificate of Registration (standard mark)

Austria

Type: Standard mark

Status: Protected under international registration

Rules: Not required by TMO

Rules Version: 6

Rules Changes: Official approval not required, update at will

Recordal of Licensees: Recordal of licences not essential, but can help in infringement situations, to demonstrate use of the trade mark. Recommended.

Recordal of licences is important from perspective of the licensee, as otherwise a licence might not be effective against a later issued but recorded licence.

20130803 V2013.06.AT FINAL – FODMAP FRIENDLY License with application form, for use in Austria

Benelux (Belgium, Netherlands, Luxembourg)

Type: Certification mark

Status: Protected under international registration

Rules: Lodged at TMO and approved

Rules Version: 6

Rules Changes: Official approval required, documents may be lodged in English

Recordal of Licensees: Recordal of licences not essential, but can help in infringement situations, to demonstrate use of the trade mark. Recommended.

Recordal of licences is important from perspective of the licensee, as otherwise a licence might not be effective against a later issued but recorded licence.

20130803 V2013.06.BX FINAL – FODMAP FRIENDLY License with application form, for use in Benelux

Benelux – Statement of Grant of Protection

Brazil

Type: Standard mark in class 42 for ‘certification services’

Status: Accepted national application

Rules: Lodged with TMO

Rules Version: 7

Rules Changes: Record changes to Rules of Use. Not clear whether approval is required.

Recordal of Licensees: Licences MUST be recorded to legitimately control use by and obtain royalties from the licensee.

20161024 V2014.07.BR FODMAP FRIENDLY License with application form, incorporating Rules for use in Brazil only

Canada

Type: Standard mark (certification mark to be filed later)

Status: Accepted national application

Rules: Not required for standard mark

Rules Version:

Rules Changes: Update at will

Recordal of Licensees:

20171218 V2017.07.CA FODMAP FRIENDLY License with application form, incorporating Rules for use in Canada only

China

Type: Certification mark

Status: Protected under international registration

Rules: Lodged at TMO and approved

Rules Version: 6

Rules Changes: Official approval required

Recordal of Licensees: Licences MUST be recorded to legitimately control use by and obtain royalties from the licensee.

Licences MUST be recorded to maintain validity of the registration if it is used under licence.

Recordal of licences is important from perspective of the licensee, as otherwise a licence might not be effective against a later issued but recorded licence.

20130731 V2013.06.CN FINAL – FODMAP FRIENDLY License with application form, incorporating Rules for use in China only

China – Statement of Grant of Protection

Denmark

Type: Certification mark

Status: Protected under international registration

Rules: Brief Rules summary lodged at TMO

Rules Version: 6

Rules Changes: Official approval of Rules not required, update at will, provided brief Rules summary remains accurate.

Recordal of Licensees: Recordal of licences not essential, but can help in infringement situations, to demonstrate use of the trade mark. Recommended.

Recordal of licences is important from perspective of the licensee, as otherwise a licence might not be effective against a later issued but recorded licence.

20130803 V2013.06.DK FINAL – FODMAP FRIENDLY License with application form, for use in Denmark

Denmark – Statement of Grant of Protection

France

Type: Certification mark

Status: Protected under international registration

Rules: TMO should have requested Rules but didn’t – not lodged at TMO

Rules Version: 7

Rules Changes: Official approval not required, update at will

Recordal of Licensees: Recordal of licences not essential, but can help in infringement situations, to demonstrate use of the trade mark. Recommended.

France – Statement of Grant of Protection

Germany

Type: Standard mark and certification mark

Status: Protected under international registration

Rules: Not lodged at TMO

Rules Version: 6

Rules Changes: Official approval not required, update at will

Recordal of Licensees: Recordal of licences not essential, but can help in infringement situations, to demonstrate use of the trade mark. Recommended.

20130803 V2013.06.DE FINAL – FODMAP FRIENDLY License with application form, for use in Germany

Germany – Statement of Grant of Protection

Hong Kong

Type: Certification mark

Status: Pending national application

Rules: Lodged at TMO

Rules Version: 6

Rules Changes: Official approval required

Recordal of Licensees: Recordal not required, but is important from perspective of the licensee, as otherwise a licence might not be effective against a later issued but recorded licence.

20130721 V2013.06.HK FINAL – FODMAP FRIENDLY License with application form, for use in Hong Kong only

Hungary

Type: Certification mark

Status: Protected under international registration

Rules: Lodged at TMO in English

Rules Version: 6

Rules Changes: ? Unknown

Recordal of Licensees: Recordal of licences not essential, but can help in infringement situations, to demonstrate use of the trade mark. Recommended.

20130803 V2013.06.HU FINAL – FODMAP FRIENDLY License with application form, for use in Hungary

Hungary – Statement of Grant of Protection

India

Type: Certification mark

Status: Registered national registration

Rules: Lodged at TMO

Rules Version: Original (very old – prior to version numbers)

Rules Changes: Official approval required

Recordal of Licensees: Recordal of licences not essential, but can help in infringement situations, to demonstrate use of the trade mark. Recommended.

Iran

Type: Certification mark

Status: Protected under international registration

Rules: Not yet lodged

Rules Version:

Rules Changes:

Recordal of Licensees: Licences MUST be recorded to maintain validity of the registration if it is used under licence.

Ireland

Type: Certification mark

Status: Protected under international registration

Rules: Lodged at TMO

Rules Version: 6

Rules Changes: Official approval required

Recordal of Licensees: Recordal of licences not essential, but can help in infringement situations, to demonstrate use of the trade mark. Recommended.

20140204 V2013.06.IE FINAL – FODMAP FRIENDLY License with application form, for use in Ireland

Ireland – Statement of Grant of Protection

Israel

Type: Certification mark

Status: Protected under international registration

Rules: Lodged at TMO

Rules Version: 7

Rules Changes: ? Unknown

Recordal of Licensees: Licences MUST be recorded to maintain validity of the registration if it is used under licence.

20140613 V2014.07.IL FODMAP FRIENDLY License with application form, incorporating Rules for use in Israel only

Israel – Certificate of Registration

Italy

Type: Certification mark

Status: Protected under international registration

Rules: TMO should have requested Rules but didn’t – not lodged at TMO

Rules Version:

Rules Changes: Official approval not required

Recordal of Licensees: Recordal not required, but is important from perspective of the licensee, as otherwise a licence might not be effective against a later issued but recorded licence.

Italy – Statement of Grant of Protection

Japan

Type: Standard mark

Status: Protected under international registration

Rules: Not lodged at TMO

Rules Version:

Rules Changes: Update at will

Recordal of Licensees: Licences MUST be recorded to legitimately control use by and obtain royalties from the licensee.

Licences MUST be recorded to maintain validity of the registration if it is used under licence.

Recordal of licences is important from perspective of the licensee, as otherwise a licence might not be effective against a later issued but recorded licence.

Japan – Certificate of Registration (standard mark)

Korea (South)

Type: Standard mark

Status: Protected under international registration

Rules: Not lodged at TMO

Rules Version:

Rules Changes: Update at will

Recordal of Licensees: Recordal of licences not essential, but can help in infringement situations, to demonstrate use of the trade mark. Recommended.

Recordal of licences is important from perspective of the licensee, as otherwise a licence might not be effective against a later issued but recorded licence.

Korea – Certificate of Registration (standard mark)

Mexico

Type: Standard mark

Status: Registered national registrations

Rules: Not lodged at TMO

Rules Version:

Rules Changes: Update at will

Recordal of Licensees: Licences MUST be recorded to maintain validity of the registration if it is used under licence.

Mexico – Certificates of Registration (standard mark)

New Zealand

Type: Certification mark

Status: Registered national registration

Rules: Lodged at TMO

Rules Version: 6

Rules Changes: Official approval required

Recordal of Licensees: No need to record – TMO does not record licences.

20130727 V2013.06.NZ FINAL – FODMAP FRIENDLY License with application form, for use in NZ only

New Zealand – Certificate of Registration

Norway

Type: Certification mark

Status: Protected under international registration

Rules: Lodged at TMO

Rules Version: 6

Rules Changes: ? Unknown

Recordal of Licensees: Recordal of licences not essential, but can help in infringement situations, to demonstrate use of the trade mark. Recommended.

Recordal of licences is important from perspective of the licensee, as otherwise a licence might not be effective against a later issued but recorded licence.

20130803 V2013.06.NO FINAL – FODMAP FRIENDLY License with application form, for use in Norway

Norway – Statement of Grant of Protection

Poland

Type: Certification mark

Status: Protected under international registration

Rules: Lodged at TMO

Rules Version: 6

Rules Changes: ? Unknown

Recordal of Licensees: Licences MUST be recorded to maintain validity of the registration if it is used under licence.

Licences MUST be recorded to legitimately control use by and obtain royalties from the licensee.

20130803 V2013.06.PL FINAL – FODMAP FRIENDLY License with application form, for use in Poland

Poland – Statement of Grant of Protection

Portugal

Type: Certification mark

Status: Protected under international registration

Rules: Lodged at TMO

Rules Version: 6

Rules Changes: ? Unknown

Recordal of Licensees: Must be recorded to have effect and to prevent becoming vulnerable to non-use removal.

20130803 V2013.06.PT FINAL – FODMAP FRIENDLY License with application form, for use in Portugal

Portugal – Statement of Grant of Protection

Singapore

Type: Certification mark

Status: Protected under international registration

Rules: Lodged at TMO

Rules Version: 6

Rules Changes: Official approval required

Recordal of Licensees: Registration advantageous to licensee, query whether necessary from Fodmap Pty Ltd’s perspective.

20140131 V2013.06.SG FINAL – FODMAP FRIENDLY License with application form, for use in Singapore

South Africa

Type: Certification mark

Status: Registered national registrations

Rules: Lodged at TMO

Rules Version: 4

Rules Changes: Official approval required

Recordal of Licensees: Recordal of licences not essential, but can help in infringement situations, to demonstrate use of the trade mark. Recommended.

20130514 V2013.04.ZA FINAL FODMAP FRIENDLY License with application form, incorporating Rules for use in ZA only

South Africa – Certificates of Registration (x5)

Spain

Type: Certification mark

Status: Protected under international registration

Rules: Not lodged at TMO – recognises Australian Rules

Rules Version: See Australian version number

Rules Changes: It is believed Spanish Rules automatically update if Australian Rules are updated

Recordal of Licensees: Recordal of licences not essential, but can help in infringement situations, to demonstrate use of the trade mark. Recommended.

Spain – Statement of Grant of Protection

Sweden

Type: Certification mark

Status: Protected under international registration

Rules: TMO should have requested Rules but didn’t – not lodged at TMO

Rules Version:

Rules Changes: Update at will?

Recordal of Licensees:

Sweden – Statement of Grant of Protection

Switzerland

Type: Certification mark

Status: Protected under international registration

Rules: TMO should have requested Rules but didn’t – not lodged at TMO

Rules Version:

Rules Changes: Update at will?

Recordal of Licensees: Recordal of licences not essential, but can help in infringement situations, to demonstrate use of the trade mark. Recommended.

Recordal of licences is important from perspective of the licensee, as otherwise a licence might not be effective against a later issued but recorded licence.

Switzerland – Statement of Grant of Protection

UK

Type: Certification mark

Status: Protected under international registration

Rules: Lodged at TMO

Rules Version: 6

Rules Changes: Official approval required

Recordal of Licensees: Recordal of licences not essential, but can help in infringement situations, to demonstrate use of the trade mark. Recommended.

Recordal of licences is important from perspective of the licensee, as otherwise a licence might not be effective against a later issued but recorded licence.

Licences MUST be recorded to legitimately control use by and obtain royalties from the licensee.

20131205 V2013.06.GB FINAL – FODMAP FRIENDLY License with application form, incorporating Rules for use in UK

UK – Statement of Grant of Protection

USA

Type: Certification mark

Status: Registered national registration

Rules: Summarised version lodged at TMO

Rules Version: 6

Rules Changes: Official approval required

Recordal of Licensees: Recordal of licences not essential, but can help in infringement situations, to demonstrate use of the trade mark. Recommended.

20160218 DRAFT USA License Fodmap

20130724 V2013.06.US FODMAP FRIENDLY Rules for use in US only

US – Certificate of Registration

Zambia

Type: Certification mark

Status: Protected under international registration

Rules: Not yet lodged

Rules Version:

Rules Changes:

Recordal of Licensees: Licences MUST be recorded to maintain validity of the registration if it is used under licence.

Editable Schedule 7

20130724 editable SCHEDULE 7

Indemnity and Product Liability Insurance Figures, Clause 22.1 and Schedule 3

Date Country Indemnity –

Clause 22.1

Product Liability Insurance –

Schedule 3

19/7/13 Australia AU$10,000,000 AU$10,000,000
19/7/13 New Zealand AU$10,000,000 AU$10,000,000
19/7/13 United Kingdom £5,000,000 £5,000,000
21/7/13 Hong Kong HK$50,000,000 HK$50,000,000
21/7/13 Ireland €5,000,000 €5,000,000
31/7/13 China Maximum to be negotiated per licensee Licensee must have insurance, amount unspecified
5/8/13 Germany €5,000,000 €5,000,000
5/8/13 Portugal €5,000,000 €5,000,000
6/8/13 Singapore Maximum to be negotiated per licensee Licensee must have insurance, amount unspecified
6/8/13 Denmark Krone DKK 50 million Krone DKK 50 million
6/8/13 Norway Krone NOK 50 million Krone NOK 50 million
6/8/13 Poland (Polish Zloty) PLN 25 million (Polish Zloty) PLN 25 million
6/8/13 Hungary (Hungarian Forint) HUF 2,000 million (Hungarian Forint) HUF 2,000 million
6/8/13 Benelux – Belgium, Luxembourg, Netherlands €5,000,000 €5,000,000
6/8/13 Austria €5,000,000 €5,000,000
6/8/13 France €5,000,000 €5,000,000
6/8/13 Spain €5,000,000 €5,000,000
6/8/13 Spain €5,000,000 €5,000,000
26/3/14 South Africa ZAR 100,000,000 ZAR 100,000,000
13/6/14 Israel NIS, ILS 30,000,000 sheqalim ILS 30,000,000 sheqalim
21/2/17 Brazil R 2.5 M R 2.5 M