Maintenance of the Trademark. Use of the Trademark If a registered trademark is not used in the form in which it is registered for five consecutive years, and there are no legitimate reasons for that non-use, then third parties can challenge it on the ground of non-use, and it can become vulnerable to revocation or forfeiture (Article 143, Industrial Property Law). As for what constitutes use for this purpose, physical evidence of the trademark being affixed to, or used in connection with goods or services that are promoted, distributed, and sold within the jurisdiction during the investigation period (being the five-year period during which the registration is being challenged on the ground of non-use) will suffice. For this, the licensor might produce: • Written confirmation of distribution (perhaps in the form of distribution agreements with third parties). • Advertising material relating to the launch and sale of goods or services bearing the trademark. • Invoices for the purchase of raw materials or components required to make up the goods bearing the trademark. • Labels that have been affixed to goods bearing the trademark and circulated during the investigation period. The reasons for non-use that would be considered legitimate depend on the circumstances, but would typically include: • Regulatory issues preventing use of the mark (most relevant in the pharmaceutical sector). • Import and export controls around the product to which the trademark is to be applied and the raw materials used in the manufacturing of the specified product. • Pending administrative and court nullity actions. If the licensor can show that any of these reasons exist, then the registration will not be revoked or forfeited (Article 143 (§1°), Industrial Property Law). A licensor can compel a licensee to use the licensed trademark by including an obligation in the terms of the license requiring the licensee to use the mark within a prescribed timeframe, and by making a breach of this obligation a ground for termination of the license. It is also advisable for the licensor to oblige the licensee to maintain accurate records to evidence its use of the licensed trademark including reports, invoices, samples of merchandising and promotional materials, and so on. This will ensure that, if challenged, the licensor is able to produce evidence of the trademark being put to use. For more on proper use of a registered trademark, see Practice Note, Trademark Registration and Maintenance: Overview (Brazil): Proper Tra...
Maintenance of the Trademark. Nycomed shall use Commercially Reasonable Efforts in obtaining, maintaining, and renewing any registrations for the Trademark at its sole expense.
Maintenance of the Trademark. Nycomed shall be responsible for the maintaining and defending the Trademarks in the Territory at its own cost. Nycomed shall use Commercially Reasonable Efforts in obtaining, maintaining, and renewing any registrations for the Trademarks at its sole expense.
Maintenance of the Trademark. The Licensor and Licensee mutually recognize the value of the Trademark in promoting the marketing of the Merchandise. To this end the Merchandise and any expression by Licensee, directly or indirectly, which by its nature conveys to others the existence of a relationship between Licensee and the Trademark or the Merchandise (including, without limitation, all packaging, labeling, fixturing, advertising, point of sale and sales promotion materials and product literature (any such expression is herein referred to as "Trademark Use Materials") (i) shall be of good quality and of such style, appearance, distinctiveness and quality (which shall comport with the Cherokee quality assurance manual dated July, 2000 or as reasonably revised by Licensor) as to protect and enhance the prestige of Licensor and of the Trademark and the goodwill pertaining thereto; (ii) shall in no manner adversely affect any rights of ownership of Licensor in the Trademark and shall in no manner derogate or detract from the repute of Licensor or the Trademark; (iii) shall in all respects (including, without limitation, the manufacture, sale, marketing and advertising) be in accordance with all of the terms and provisions of this Agreement, with all applicable laws, rules and regulations and with any approval decision made by Licensor; and (iv) shall be subject to the prior written approval by Licensor in accordance with all of the terms and provisions of this Agreement. In addition, Licensee shall supply Licensor or a designee of Licensor with samples of all packaging, labels and related materials featuring the Trademark. Upon receipt of such packaging, labels and related materials, Licensor shall have ten (10) *** Certain confidential information in this document has been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission. business days in which to review and approve. If Licensor has not indicated approval in writing of any such materials with ten (10) business days, then such materials shall be deemed to have been approved. The following Section 6.4.2 is deleted in its entirety and replaced by the following.
Maintenance of the Trademark
