Composite Marks. (a) The parties acknowledge and agree that certain GroceryCo Marks or SnackCo Marks constitute composite Trademarks (each, a “Composite Xxxx”) a constituent element of which includes a word, logo, Sub-Brand, or slogan that constitutes a discrete Trademark that is owned by the other party. The parties acknowledge that the ownership arrangements with respect to Composite Marks to which the parties have agreed are for convenience and a party’s ownership of a Composite Xxxx does not confer on such party any ownership interest or other rights in any such constituent element of such Composite Xxxx that constitutes a discrete Trademark of the other party. For example, a SnackCo Xxxx that constitutes a Composite Xxxx is “Xxxxx Handi-Snacks” and SnackCo IPCo’s ownership of such Composite Xxxx does not confer on SnackCo IPCo any ownership or other rights in the Kraft GroceryCo Trademark. (b) A party that owns any application or registration for a Composite Xxxx agrees to withdraw or cancel such application or registration of such Composite Xxxx in any jurisdiction as soon as reasonably practicable after the other party gives written notice (a “Blocking Notice”) to such party that the existence of such application or registration is blocking the other party from registering or enforcing the discrete Trademark (or variations thereof) owned by the other party that is a constituent element of such Composite Xxxx. The parties agree that no registrations of any Composite Xxxx will be renewed by the owner thereof and that any new registration sought by the owner of any Composite Xxxx must not include the constituent element of such Composite Xxxx that constitutes a discrete Trademark of the other party. A Blocking Notice may be given by a party only if such party has received a communication from the relevant trademark office, a court of competent jurisdiction or other third party regarding the existence of the block that is the subject of the Blocking Notice. For the avoidance of doubt, the parties agree that the renewal of the registration of any SnackCo Xxxx that constituted a component of a Composite Xxxx and any new Trademark sought to be registered by a SnackCo Entity that serves as a replacement for a Composite Xxxx, shall not use or include the Kraft GroceryCo Trademark or a hexagon/racetrack design that is identical or confusingly similar to the hexagon/racetrack design incorporated in the Kraft Hexagon Logo:
Appears in 4 contracts
Samples: Master Ownership and License Agreement, Master Ownership and License Agreement (Kraft Foods Group, Inc.), Master Ownership and License Agreement (Kraft Foods Group, Inc.)
