Resolution 1999-79
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RESOLUTION NO. 99-79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY GRANTING A ROYALTY-FREE LICENSE FOR
BUSINESSES ASSOCIATED WITH THE CITY OF GILROY
TO USE A CITY REGISTERED TRADEMARK
WHEREAS, the City of Gilroy ("City"), and certain local businesses and individuals
associated therewith, have continually utilized the term "Garlic Capital of the World" or "Garlic
Capitol ofthe World" ("Trademark") for several years;
WHEREAS, the City has submitted an application before the United States Patent and
Trademark Office, Serial Number 75-636497, and filed on February 9, 1999 ("Application ") for
the Trademark; and
WHEREAS, pursuant to the federal Trademark Act ofl946, as amended, IS U.S.C. ~lOSI
et seq., the City intends to register the Trademark; and
WHEREAS, after registration ofthe Trademark, the City intends to permit local businesses
to use the Trademark so long as that use is not adverse to the public health, safety, welfare and is in
the best interests of the City; and
WHEREAS, the City Council held a duly noticed public hearing on October 4, 1999, at
which time the City Council considered the public testimony, and all other documentation related
to the Application.
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The City Council hereby adopts the following policy for use of the Trademark:
1. Upon approval of the Application and registration of the Trademark before
the United States Patent and Trademark Office, the City will permit all businesses
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RESOLUTION NO. 99-79
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having a fixed place of business within the City as that term is defmed in the
Gilroy Municipal Code, Chapter 13, Sec. 13.1(b), to use the Trademark in a
manner that is not adverse to the public health, safety, welfare and is in the best
interests ofthe City.
2. Upon approval ofthe Application and registration of the Trademark before
the United States Patent and Trademark Office, the City will permit businesses
that are located within a ten mile radius of the City limits and are associated with
the garlic industry or that produce goods or services that traditionally have been
associated with the City of Gilroy as a point of origin, to use the trademark in a
manner that is not adverse to the public health, safety, welfare and is in the best
interests of the City.
3. Any other businesses or individual not covered by sections 1 and 2 above
may file for a license with the City to use the Trademark, providing such use is
not adverse to the public health, safety, welfare and is in the best interests of the
City. The City retains sole discretion as to whether to grant a license, and whether
such license usage will be without royalties due to the City.
4. Except as set forth in section 3 above, the above-described usage of the
Trademark shall be considered a trademark license, with no royalties or fees due
to the City independent of regular fees, taxes or other charges the City usually
charges.
B. The City Council has also determined the following:
1. Registration ofthe Trademark provides goodwill and value to the City.
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RESOLUTION NO. 99-79
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2. The City has developed a secondary meaning by using the Trademark,
wherein goods and services that bear the Trademark are viewed by the general
public as being synonymous with the City and/or originating therefrom.
3. Registration of the Trademark will be beneficial to the City.
C. This resolution will take effect upon the date, and only if, the Trademark is registered
by the United States Patent and Trademark office for the City. Otherwise, it shall be null and
void and have no force or effect.
PASSED AND ADOPTED this 4th day of October, 1999, by the following vote:
AYES:
COUNCILMEMBERS:
ARELLANO, GIFFORD, MORALES,
SPRINGER, SUDOL, GILROY
ROWLISON
NONE
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
NOES:
APPR? VED: ~ ~ ~ (\.
"LNUMo0(O
K.A i e Gilroy, Mayor ~
ATT!1l /,)
W11ufl'- ~--f~.c/'--'
Rhonda Pellin, City Clerk
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RESOLUTION NO. 99-79
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 99-79 is an original resolution, duly adopted by the Council of the City of Gilroy
at a regular meeting of said Council held on the 4th day of October, 1999, at which meeting a
quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 7th day of October, 1999.
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City Clerk of the City of Gilroy
(Seal)