Vom Wald das Beste. – Nationalparkregion Bayerischer Wald

Trademark Statutes

for the use of the collective mark FNBW, Vom Wald das Beste & Woid G`sichter

"Ferienregion Nationalpark Bayerischer Wald"

§ 1 Trademark owner

The owner of the collective trademark "Ferienregion Nationalpark Bayerischer Wald" is Ferienregion Nationalpark Bayerischer Wald GmbH with its registered office in 94158 Spiegelau, Germany. The address for service is: Ferienregion Nationalpark Bayerischer Wald GmbH, Konrad-Wilsdorf-Straße 1, 94158 Spiegelau, Germany. The Ferienregion Nationalpark Bayerischer Wald GmbH is a voluntary association of municipalities in the Bavarian Forest National Park.

§ 2 Purpose of the GmbH

The Ferienregion Nationalpark Bayerischer Wald GmbH makes the collective trademark available to the entitled users for commercial exploitation within the framework of the articles of association in order to promote tourism in the Bavarian Forest.

§ 3 Representation of the GmbH

The company is represented in and out of court by the managing director.

§ 4 Membership, right of accession

Any town or municipality located in the Bavarian Forest in the districts of Regen and Freyung-Grafenau can become a shareholder of the GmbH. In all other respects, the requirements for membership in the GmbH are set out in the Articles of Association, which are attached to these Statutes as an appendix.

5 Circle of authorised users

All shareholders of the GmbH are entitled to use the collective trademark. By majority resolution of the shareholders, third parties may also be permitted to use the collective trademark for the agreed purposes if this serves to promote the purpose of the GmbH.

6 Design of the mark

The use of the collective trademark "Holiday Region Bavarian Forest National Park" is designed as a word and figurative trademark as follows:

7 Conditions of use

a) The collective mark may be used by the entitled persons exclusively for the purposes stipulated in the statutes. b) The rights of use to the collective mark are not transferable. Users are not entitled to grant sublicenses. c) Users are obligated to register in a user register maintained by the GmbH and to pay a one-time registration fee for this purpose as well as a regular turnover license for the use of the trademark. The amount of the registration and license fees as well as the terms of payment shall be determined by the B.V. by resolution at shareholders' meetings. The determination can be made uniformly for all users or separately according to user groups or/and types of use. The respective current registration and license fees as well as the terms of payment shall be made freely available for download by the GmbH on the website www.ferienregion-nationalpark.de.

8 Control of compliance with the terms of use

The B.V. shall review the proper use of the collective mark by the registered users at regular intervals of two years. The reviews may be delegated by the board of directors to an independent monitoring body. The users are obliged to enable and actively support verification measures in an appropriate and necessary manner, in particular by granting access authorisations and submitting necessary documents and information.

§ 9 Other rights and obligations of the participants

The members and users of the collective mark are obligated to report violations of the articles of association or other violations of the collective mark to the GmbH immediately upon becoming aware of them. Rights arising from the collective trademark as well as claims due to unlawful use of the trademark shall be the exclusive property of the GmbH as the trademark owner. If and to the extent that the B.V. is required to provide proof of use, for example in order to maintain or enforce the collective trademark, each user shall be obligated to provide the B.V. with the necessary declarations, information and documents without delay upon request. The requirement does not cease to apply if proof of use can also be requested from other users.

10 Expiry of the right of use

The right of use expires automatically when the authorization according to § 5 of these statutes ceases to exist or/and when the user leaves the GmbH. In the event of other violations of the provisions of the statutes or violations of the collective trademark rights, the managing director of the GmbH shall request the user to remedy such violations immediately, setting a reasonable deadline. In the event of failure to remedy such violations within the specified period or repeated violations of the same nature, the managing director shall be entitled to revoke the user's right of use. Other claims of the GmbH due to infringement of the collective trademark shall remain unaffected.

11 Maintenance and Enforcement of the Collective Trademark

The GmbH shall be responsible for maintaining and defending the collective trademark. The managing director shall take the necessary measures for this purpose and regulate the procedure decided by the shareholders' meeting.

"Vom Wald das Beste"

§ 1 Trademark owner

The owner of the collective trademark "Vom Wald das Beste" is Ferienregion Nationalpark Bayerischer Wald GmbH with its registered office in 94158 Spiegelau, Germany. The address for service is: Ferienregion Nationalpark Bayerischer Wald GmbH, Konrad-Wilsdorf-Straße 1, 94158 Spiegelau, Germany. The Ferienregion Nationalpark Bayerischer Wald GmbH is a voluntary association of municipalities in the Bavarian Forest National Park.

§ 2 Purpose of the GmbH

The Ferienregion Nationalpark Bayerischer Wald GmbH makes the collective trademark available to the entitled users for commercial exploitation within the framework of the articles of association in order to promote tourism in the Bavarian Forest.

§ 3 Representation of the GmbH

The company is represented in and out of court by the managing director.

§ 4 Membership, right of accession

Any town or municipality located in the Bavarian Forest in the districts of Regen and Freyung-Grafenau can become a shareholder of the GmbH. In all other respects, the requirements for membership in the GmbH are set out in the Articles of Association, which are attached to these Statutes as an appendix.

5 Circle of authorised users

All shareholders of the GmbH are entitled to use the collective trademark. By majority resolution of the shareholders, third parties may also be permitted to use the collective trademark for the agreed purposes if this serves to promote the purpose of the GmbH.

6 Design of the mark

The use of the collective trademark "Vom Wald das Beste" is designed as a word and figurative trademark as follows:

7 Conditions of use

a) The collective mark may be used by the entitled persons exclusively for the purposes stipulated in the statutes. b) The rights of use to the collective mark are not transferable. Users are not entitled to grant sublicenses. c) Users are obligated to register in a user register maintained by the GmbH and to pay a one-time registration fee for this purpose as well as a regular turnover license for the use of the trademark. The amount of the registration and license fees as well as the terms of payment shall be determined by the B.V. by resolution at shareholders' meetings. The determination can be made uniformly for all users or separately according to user groups or/and types of use. The respective current registration and license fees as well as the terms of payment shall be made freely available for download by the GmbH on the website www.ferienregion-nationalpark.de.

8 Control of compliance with the terms of use

The B.V. shall review the proper use of the collective mark by the registered users at regular intervals of two years. The reviews may be delegated by the board of directors to an independent monitoring body. The users are obligated to enable and actively support verification measures in an appropriate and necessary manner, in particular by granting access authorizations and submitting necessary documents and information.

§ 9 Other rights and obligations of the participants

The members and users of the collective mark are obligated to report violations of the articles of association or other violations of the collective mark to the GmbH immediately upon becoming aware of them. Rights arising from the collective trademark as well as claims due to unlawful use of the trademark shall be the exclusive property of the GmbH as the trademark owner. If and to the extent that the B.V. is required to provide proof of use, for example in order to maintain or enforce the collective trademark, each user shall be obligated to provide the B.V. with the necessary declarations, information and documents without delay upon request. The requirement does not cease to apply if proof of use can also be requested from other users.

10 Expiry of the right of use

The right of use expires automatically when the authorization according to § 5 of these statutes ceases to exist or/and when the user leaves the GmbH. In the event of other violations of the provisions of the statutes or violations of the collective trademark rights, the managing director of the GmbH shall request the user to remedy such violations immediately, setting a reasonable deadline. In the event of failure to remedy such violations within the specified period or repeated violations of the same nature, the managing director shall be entitled to revoke the user's right of use. Other claims of the GmbH due to infringement of the collective trademark shall remain unaffected.

11 Maintenance and Enforcement of the Collective Trademark

The GmbH shall be responsible for maintaining and defending the collective trademark. The managing director shall take the necessary measures for this purpose and regulate the procedure decided by the shareholders' meeting.

"Woid G`sichter"

§ 1 Trademark owner

The owner of the collective trademark "Woid G`sichter" is the Ferienregion Nationalpark Bayerischer Wald GmbH with its registered office in 94158 Spiegelau, Germany. The address for service is: Ferienregion Nationalpark Bayerischer Wald GmbH, Konrad-Wilsdorf-Straße 1, 94158 Spiegelau, Germany. The Ferienregion Nationalpark Bayerischer Wald GmbH is a voluntary association of municipalities in the Bavarian Forest National Park.

§ 2 Purpose of the GmbH

The Ferienregion Nationalpark Bayerischer Wald GmbH makes the collective trademark available to the entitled users for commercial exploitation within the framework of the articles of association in order to promote tourism in the Bavarian Forest.

§ 3 Representation of the GmbH

The company is represented in and out of court by the managing director.

§ 4 Membership, right of accession

Any town or municipality located in the Bavarian Forest in the districts of Regen and Freyung-Grafenau can become a shareholder of the GmbH. In all other respects, the requirements for membership in the GmbH are set out in the Articles of Association, which are attached to these Statutes as an appendix.

5 Circle of authorised users

All shareholders of the GmbH are entitled to use the collective trademark. By majority resolution of the shareholders, third parties may also be permitted to use the collective trademark for the agreed purposes if this serves to promote the purpose of the GmbH.

6 Design of the mark

The use of the collective trademark "Woid G`sichter" is designed as a word and figurative mark as follows:

7 Conditions of use

a) The collective mark may be used by the entitled persons exclusively for the purposes stipulated in the statutes. b) The rights of use to the collective mark are not transferable. Users are not entitled to grant sublicenses. c) Users are obligated to register in a user register maintained by the GmbH and to pay a one-time registration fee for this purpose as well as a regular turnover license for the use of the trademark. The amount of the registration and license fees as well as the terms of payment shall be determined by the B.V. by resolution at shareholders' meetings. The determination can be made uniformly for all users or separately according to user groups or/and types of use. The respective current registration and license fees as well as the terms of payment shall be made freely available for download by the GmbH on the website www.ferienregion-nationalpark.de.

8 Control of compliance with the terms of use

The B.V. shall review the proper use of the collective mark by the registered users at regular intervals of two years. The reviews may be delegated by the board of directors to an independent monitoring body. The users are obliged to enable and actively support verification measures in an appropriate and necessary manner, in particular by granting access authorisations and submitting necessary documents and information.

§ 9 Other rights and obligations of the participants

The members and users of the collective mark are obligated to report violations of the articles of association or other violations of the collective mark to the GmbH immediately upon becoming aware of them. Rights arising from the collective trademark as well as claims due to unlawful use of the trademark shall be the exclusive property of the GmbH as the trademark owner. If and to the extent that the B.V. is required to provide proof of use, for example in order to maintain or enforce the collective trademark, each user shall be obligated to provide the B.V. with the necessary declarations, information and documents without delay upon request. The requirement does not cease to apply if proof of use can also be requested from other users.

10 Expiry of the right of use

The right of use expires automatically when the authorization according to § 5 of these statutes ceases to exist or/and when the user leaves the GmbH. In the event of other violations of the provisions of the statutes or violations of the collective trademark rights, the managing director of the GmbH shall request the user to remedy such violations immediately, setting a reasonable deadline. In the event of failure to remedy such violations within the specified period or repeated violations of the same nature, the managing director shall be entitled to revoke the user's right of use. Other claims of the GmbH due to infringement of the collective trademark shall remain unaffected.

11 Maintenance and Enforcement of the Collective Trademark

The GmbH shall be responsible for maintaining and defending the collective trademark. The managing director shall take the necessary measures for this purpose and regulate the procedure decided by the shareholders' meeting.