Legal

Trademarks

Pycnogenol® is a registered trademark of Horphag Research. Every genuine unit of Pycnogenol® bears the registered trademark together with a description of its content. Users should be warned of misuse and imitators will be prosecuted.

Patents

Horphag has obtained and filed several U.S. and international patents.

Labeling Guidelines

Horphag Research Limited is the worldwide marketer and developer of Pycnogenol® brand French Maritime Pine Bark Extract. Horphag Research Limited is also the worldwide owner, directly or through sister companies (collectively “Horphag”), of the Pycnogenol® trademark and patents(1) relating to antioxidant products, formulations and applications (uses) including those associated with Pycnogenol® pine bark extract. Horphag also owns trademarks for its distinctive Pine Tree Symbol, for Pyknogenol®, Pinogen®, Pinegenol®, Pycno®, Pycnol®, Pygenol® and trademarks that are foreign language transliterations.

For example, in Chinese, Horphag owns the Bi Rong Jian 碧容健® trademark, in Thai Horphag owns พิกโนจีนอล®, 피크노제놀® in Korean, in Cyrillic Пикногенол®, in Arabic بيكنوغينول® and in Japanese Horphag owns ピクノジェノール®.

Purchasers of Pycnogenol® shall only use the Pycnogenol® trademark in English or the translated registered trademarks mentioned above in relation to all products sold by them containing Pycnogenol® extract.

Some of Horphag’s trademarks are also used as trade names or incorporated into Internet domain names.

By signing this document, you agree individually and as an authorized representative of the company on behalf of whom you  sign (“Company”) that none of Horphag’s trademarks, including those mentioned above, and any trademark similar to Horphag's trademarks, shall be used by Company without Horphag’s prior written authorization. Further, you agree that this shall apply     to all uses of Horphag marks whether as a trademark, a trade name, or as all or part of an Internet domain name. For    example, without limitation, any trademark, trade name, or Internet domain name containing a word or formative such as PYCNO, PICNO, PYQNO, PIQNO, PYKNO or PIKNO is considered similar to Horphag's trademarks. Therefore, you agree not to apply or register any such similar or identical trademark, domain name or trade name  worldwide.  In  addition,  you  acknowledge that any and all goodwill in any such similar or identical trademarks, trade names or domain names used by Company, shall inure to the exclusive benefit of Horphag, would not create any right in favor of Company, and any application and registration therefor is hereby assigned to Horphag.

To maintain the good will and famous brand status of the trademark Pycnogenol®, Horphag requires that all those purchasing Pycnogenol® extract from Horphag agree to and comply with Horphag’s labeling requirements for products sold by them containing Pycnogenol® extract. To this end, Horphag has established these labeling guidelines (the “Horphag Labeling Guidelines”) which must be adopted for finished goods containing Pycnogenol® pine bark extract.

Specifically, and unless another agreement signed between the Company and Horphag contains clauses that override this provision, Company as a purchaser of Pycnogenol® French Maritime Pine Bark Extract from Horphag, is licensed to use the Pycnogenol® trademark and/or Logo in connection with licensed goods, if and only if, it complies with the following terms and conditions:

Use of the Pycnogenol® trademark on finished goods to be ingested:

• The quantity of Pycnogenol® extract contained in each daily serving of finished product, whether in the form of tablets, capsules, gel caps, etc., must contain at least a minimum amount of 20mg Pycnogenol® extract if the Pycnogenol® trademark or logo is used on the front of the package in conjunction with or as a product name.

• The amount of Pycnogenol® per serving must be specified on the packaging of the finished goods.

• Products that contain a daily serving of less than 20mg of Pycnogenol® extract may only employ the Pycnogenol® trademark in the list of ingredients and cannot use Pycnogenol® in the product name.

• Products that contain less than 20mg of Pycnogenol® per unit dosage of a daily serving may not refer to the health benefits of Pycnogenol® as described in published research articles or any of Horphag’s marketing  material.

• The products must comply at all times with the specifications and standard of quality prescribed by Horphag or approved from time to time by Horphag to maintain the efficacy of the products containing Pycnogenol® pine bark extract and the goodwill of Pycnogenol® trademark.

• The label must contain the line:

Pycnogenol® is a registered trademark of Horphag Research Ltd. Use of this product may be protected by one or more U.S. patents and other international patents.

Use of the Pycnogenol® Pine Tree Symbols

The Pine Tree Symbols are helpful to consumers trying to identify genuine Pycnogenol®. When used on the Company’s label, the following rules apply, in addition to the rules mentioned above under the title “Use of the Pycnogenol® trademark on finished goods”

The Pycnogenol® trademark must be followed by "®" in superscript

The Pine Tree Symbols are not to be distorted or contoured in any way

Logos for the Chinese market (Logos can be downloaded on www.pycnogenol.com or can be sent upon request)

Neither the Pycnogenol® trademark nor the Pycnogenol® Pine Tree Symbols can be used for any purpose by Company unless this letter of Agreement is completed by Company and returned fully executed to Horphag.

Compliance with the Horphag’s Labeling Guidelines is mandatory and any failure to comply shall mean that any such use of Horphag’s trademarks is improper, unlicensed and likely infringing. Failure to sign and return this document and/or comply with this policy will also forfeit Company’s ability to continue to purchase Pycnogenol® extract from Horphag.

This Agreement does not constitute or convey any license or right under U.S. patent number 6,565,851 (relating to sexual wellness) and/or other international patents for which a separate license agreement(s) is required.

The use of Pycnogenol® in Isotonic drink formulations is not authorized by Horphag except under a separate written agreement. This Agreement is binding on any assignee, successor or affiliate of the parties.

V16.02

(1)   U.S. patents 6,372,266; and other international patents V16.02