zugutekommen

English translation: to accrue to the benefit of / to be credited to

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)

German term or phrase:	jemandem [einer Vertragspartei] zugutekommen
English translation:	to accrue to the benefit of / to be credited to
Entered by:	Steffen Walter

09:25 May 28, 2019

German to English translations [PRO]
Law/Patents - Law: Patents, Trademarks, Copyright

German term or phrase: zugutekommen

Hi guys,

Just a bit confused as to who's doing what to whom :) ?

"Beide Vertragsparteien erkennen an, dass jeder mit der Verwendung der Marken der anderen Vertragspartei verbundene Goodwill dem Inhaber der Marken zugutekommt."

Suggestions welcome.

Thanks,

Gavin

Gavin O'Leary KudoZ activity Questions: 85 (3 open) (10 closed without grading) Answers: 0 Ireland
Local time: 21:29

to accrue to the benefit of / to be credited to

Explanation:
Both parties acknowledge/agree that any goodwill arising from the use of the trademarks of the respective other party will/shall accrue to the benefit of [will/shall be credited to] the owner of the trademarks.

(where the "owner of the trademarks" is obviously the "respective other party")

Selected response from:

Steffen Walter
Germany
Local time: 22:29

Grading comment

Thanks guys
4 KudoZ points were awarded for this answer

Summary of answers provided

3 +7

to accrue to the benefit of / to be credited to

Steffen Walter

3 +2

benefit

Susan Madden

4 +1

assigned

Michael Martin, MA

4 +1

(is to) inure (enure) to the benefit of

Adrian MM.

Discussion entries: 13

Gavin O'Leary

Ireland

ASKER

13:09 May 28, 2019

Hi guys. Just back from an appointment and see that you've all been very busy :) thanks for all the feedback! @Ramey: I think it's more down the line of "trademark(s)" since intellectual property rights are mentioned throughout the text.

Björn Vrooman

That...

12:04 May 28, 2019

...could very well be.

Here's a UK example:
"10.4.2 all goodwill associated with such use of trade marks will accrue to the benefit of...and, at the request of..., the Buyer will at its own cost sign all documents and do all things necessary to assign such goodwill to..."
https://core-dist.co.uk/terms-conditions

Best

Steffen Walter

Germany

Interesting, Björn

11:53 May 28, 2019

I'd thought of "to inure to the benefit of" for a second, but then decided in favour of using "to accrue". Perhaps this is a US vs. UK thing.

Björn Vrooman

11:30 May 28, 2019

It is indeed called "inure to the benefit of" (speaking about the U.S. here).

P. 2 and 3 of this document by Ken Adams (always a good source):
https://www.adamsdrafting.com/wp/wp-content/uploads/2015/11/...

Not sure whether anyone thought the phrase might have been a translation from English? Sometimes, I really wonder what's going on.

Best

Björn Vrooman

11:17 May 28, 2019

U.S. example:
"Neither party shall gain any right, title or interest with respect to the other party's Marks by use thereof, and all rights or goodwill associated with the other party's Marks shall inure to the benefit of the other party."
http://smallact.com/home/small-act-partnership-agreement-ter...

Best

Björn Vrooman

Almost forgot

11:16 May 28, 2019

What we have here is a cross-licensing/licencing agreement.

You can find some sample clauses at https://www.lawinsider.com/clause/trademark-cross-license

PS to add some explanation why assignment isn't a good choice at all:
"In Canada, the Canadian Trade-marks Act allows for transfer of a trademark with or without the goodwill attached to it. In the United States, goodwill must be transferred along with the trademark or that the assignment is invalid (15 U.S.C. ss. 1060). Assignment of a trademark in the U.S. without goodwill or business attached to it leaves nothing for the mark to signify and it loses its inherent function and is abandoned."
http://www.ludlowlaw.ca/DGA publications/Character and Merch...

Choose something else, IMO.

Basically, I've already given you your answer, Gavin. I think this isn't about a system to keep track of some "brand score"; it's supposed to ensure that the goodwill remains where it is.

[...]

Björn Vrooman

FYI

10:30 May 28, 2019

https://www.juraforum.de/muster-vorlagen/markenlizenzvertrag...

https://smallbusiness.chron.com/difference-between-licensed-...

Maybe the Identification section of the above link is of some interest.

Goodwill:
https://lawshelf.com/courseware/entry/trademark-licensing-as...
https://www.upcounsel.com/trademark-licensing

"Licensee acknowledges and agrees that the Marks, all goodwill pertaining thereto, and all rights, registrations, applications and entitlement thereto, and all extensions thereof, are and shall remain the sole and exclusive
property of Licensor."
http://bakervegas.net/wp-content/uploads/2017/01/Trademark-L...

I don't think brand is wrong, though (see also ID section mentioned above):
https://cardozo.yu.edu/brand-licensing-strategies-maintain-v...

"The reputation of the product is well known and that goodwill is stored
in the brand.

A trademark license allows a trademark owner to permit another party to use the same mark."
https://2zz0ycx12ls26k9aqfso6tp3-wpengine.netdna-ssl.com/wp-...

Best wishes

Ramey Rieger (X)

Germany

@Gavin

10:01 May 28, 2019

So which is it? Are they selling each others' products or promoting their trademarks?

Ramey Rieger (X)

Germany

You're right, of course!

09:59 May 28, 2019

But there is a legal difference between the two words. A trademark is a mark that legally represents something, usually a business, by their goods or services. A brand name, however, is the name that a business chooses for one of their products. A brand identifies a specific product or name of a company.What is the difference between a brand name and trademark? - Quora
https://www.quora.com/What-is-the-difference-between-a-brand...

Steffen Walter

Germany

I've always thought of ...

09:55 May 28, 2019

... "trademark" being the strictly legal term, whereas "brand" tends to be mainly used in a business/marketing context. The contractual context indicated by the asker seems to point to the former rather than the latter.

Ramey Rieger (X)

Germany

Hi Steffen

09:52 May 28, 2019

PLEASE, be so kind and tell me the difference between trademarks and brands. Both can be copywritten, both are intellectual property. In English, I can't seem to grasp the difference!

Steffen Walter

Germany

Trademarks

09:40 May 28, 2019

I think that this is about trademarks rather than brands.

Ramey Rieger (X)

Germany

Good morning Gavin!

09:37 May 28, 2019

Both parties recognize the goodwill assumed when they use each other's brand to the benefit of each brand owner.

Answers

9 mins confidence:

peer agreement (net): +2

benefit

Explanation:
Hi Gavin, as I understand it: Both contracting parties acknowledge that any goodwill associated with the use of the trademarks of the other contracting party shall benefit the trademark owner.

I'm not a lawyer, so I'm not sure what that means, but that's how I read it.

Susan Madden
Ireland
Local time: 21:29
Native speaker of:

English

14 mins confidence:

peer agreement (net): +7

to accrue to the benefit of / to be credited to

Steffen Walter
Germany
Local time: 22:29
Native speaker of:

German
PRO pts in category: 67

Grading comment

Thanks guys

Peer comments on this answer (and responses from the answerer)

agree

Susan Starling: Exactly, in the context of "goodwill," we would speak of it "accruing to/being credited to" (or being "recognized by") a party. "Benefit" is a more general translation of "zugutekommen" outside a financial context.

47 mins

agree

philgoddard: Susan is right that it's a financial term. I think in this case it means that if a company is sold for more than the value of its assets, and the difference is due to the use of the other party's trademarks, the seller shouldn't profit from this.

1 hr

agree

Björn Vrooman: Minus respective, but accrue to and inure to seem to be right on point. I strongly suspect this was once an English sentence. All Gavin needs now is a back translation.

2 hrs

agree

Ramey Rieger (X)

3 hrs

agree

Cillie Swart: nice one

5 hrs

agree

A. & S. Witte

8 hrs

agree

AllegroTrans

8 hrs

1 hr confidence:

peer agreement (net): +1

assigned

Explanation:
I don't think "benefit" is the right term to use in this context.

"Both Parties recognize that any goodwill associated with the use of the other party's marks will be assigned to the owner of the marks."
https://propertyintangible.com/2008/07/assigning-goodwill.ht...

Michael Martin, MA
United States
Local time: 16:29
Works in field
Native speaker of:

German,

English
PRO pts in category: 88

1 day 6 hrs confidence:

peer agreement (net): +1

(is to) inure (enure) to the benefit of

Explanation:
I agree with Björn and feel Steffen's initial gut reaction was right - enure or inure to the benefit of is standard whilst accrue is usually unqualified, e.g. by virtue of jus accrescendi, land accrues absolutely to - and not to the benefit of - either joint 'tenant' = owner.

'Both parties hereto (do hereby) acknowledge that any goodwill associated with the use of the (trade-, word- or picture-) marks of the other party hereto (no jeweild, so no respective is needed) is to inure to the benefit of the proprietor of the (trade- ,word- or picture-) marks.'

Example sentence(s):

A licensee’s use inures to the benefit of the licensor-owner of the mark and the licensee acquires no ownership rights in the mark itself.

Reference: http://www.dict.cc/?s=zugute+kommen
Reference: http://dict.leo.org/englisch-deutsch/inure

Adrian MM.
Austria
Native speaker of:

English
PRO pts in category: 16

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English translation: to accrue to the benefit of / to be credited to

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