New Marks. If Bank adopts a trademark, trade name, service xxxx logo or other proprietary xxxx which is used by Bank in connection with its extension of bank card credit to customers but which is not listed on Schedule A hereto (a “Bank New Xxxx”), Company may request that Bank add such Bank New Xxxx to Schedule A hereto and license its use hereunder, Bank may do so in its sole discretion, and such Bank New Xxxx shall be added to Schedule A by amendment of this Agreement. The foregoing notwithstanding, it is understood and agreed that Bank shall not be required to add a Bank New Xxxx to Schedule A if such Bank New Xxxx was developed by Bank primarily for another charge, credit or debit program.
New Marks. If Company or its Affiliates adopt a trademark, trade name, service xxxx logo or other proprietary xxxx which is used by Company or its Affiliates in connection with the Program but which is not listed on Schedule B hereto (a “Company New Xxxx”), Company, upon written notice to Bank, may add such Company New Xxxx to Schedule B. If Bank requests that Company add a Company New Xxxx to Schedule B hereto and license its use hereunder, Company may do so in its sole discretion, and any Company New Xxxx requested by Bank and agreed by Company shall be added to Schedule B by amendment of this Agreement.
New Marks. If the Company or any of its controlled Affiliates of Parent determines (whether or not such determination is publicly announced) to adopt a Trademark (other than the acquisition of any Trademark acquired in connection with any acquisition or business combination governed by Article XIV, which shall not be subject to this Section 10.1(c)) other than a Company Licensed Trademark and the Company determines to issue in the United States a Credit Card bearing such Trademark (a “New Xxxx”), the Company shall promptly offer the Bank the exclusive right to issue in the United States a Credit Card bearing such New Xxxx, either as part of the Program or subject to such material legal and financial terms and conditions as may be proposed by the Bank reasonably and in good faith and set forth in a term sheet proposal. The Bank shall have not less than thirty (30) days from its receipt of such offer to consider the offer and give notice to the Company that the Bank wishes to negotiate a definitive agreement therefor (“Opt-in Notice”). If the Bank delivers an Opt-in Notice to the Company, then the Parties will negotiate in good faith for a period of up to sixty (60) days, and either amend this Agreement to incorporate the New Xxxx-branded Credit Cards or document and execute a new definitive agreement for such Credit Cards. If the Bank does not timely deliver an Opt-in Notice, or notifies the Company of its intention not to do so, or if the negotiations do not result in such an amendment or new definitive agreement, then the Company or any of its Affiliates may request proposals from Credit Card issuers other than the Bank or its Affiliates to offer or issue in the United States a Credit Card bearing the New Xxxx, but the Company may enter into an agreement for the offer or issuance of such a Credit Card only on terms that are, in the aggregate with respect to economics, servicing and risk management no more favorable aggregate set of terms to such other issuer than the most favorable terms offered by the Bank to the Company.
New Marks. In the event that pursuant to this Agreement, the Parties agree to produce a new trade name or trademark to be associated with a new product or service, the Parties shall in the Exhibit or other writing memorizing the agreement regarding such new product or service, indicate which Party shall have ownership of any such trade names, trademarks, service marks or other associated intellectual property.
New Marks. Licensee shall not adopt or use (i) the Marks with any other Source Indicator in any manner that creates or suggests a composite or combination xxxx; (ii) any translations, transliterations, stylizations, fonts, logos or variations of the Marks; or (iii) the Marks in any new country or jurisdiction (collectively (i)-(iii), a “Xxxx Variation”), without the prior written consent of Licensor. Such consent shall not be unreasonably withheld, conditioned or delayed with respect to any Xxxx Variation, except for any Xxxx Variation that proposes any stylization, font, logo or variation of the Xxxx, with respect to which Licensor’s consent shall be in its sole discretion. Licensor approves all Xxxx Variations in use as of the Effective Date. All approved Xxxx Variations shall be deemed Marks under the Agreement, except that Licensor acquires no right, title or interest under this Agreement in any element of the Xxxx Variations as part of the Xxxx or standing alone, other than the “Vivint” element. Further, if Licensor adopts or uses any new translations, transliterations, stylizations, fonts, logos or variations of the Marks and notifies Licensee of same, Licensee shall (a) use commercially reasonable efforts to transition to same promptly after receipt of such notice, and (b) in any event adopt and use same within nine (9) months after receipt of any such notice, provided that (x) Licensor shall not unreasonably refuse an extension of time requested by Licensee for individual items for which the brand transition could not be reasonably completed during such time and (y) Licensee shall be free to exhaust any existing collateral that displays the prior versions of the Marks as of the notification date, is used internally and is not visible to third parties, until its replacement in the ordinary course of business.
New Marks. If Kohl’s or its Affiliates adopt a trademark, trade name, service xxxx logo or other proprietary xxxx which is used by Kohl’s or its Affiliates in connection with the Program but which is not listed on Schedule A hereto (a “New Xxxx”), Kohl’s, upon written notice to Bank, may add such New Xxxx to Schedule A. Bank may request that Kohl’s add a New Xxxx to Schedule A hereto and license its use hereunder, Kohl’s shall not unreasonably fail to do so. Any New Xxxx requested by Bank and agreed by Kohl’s shall be added to Schedule A by amendment of this Agreement.
New Marks. Each Spinco Party may adopt and use as Trademarks any variations of the Licensed Marks on Part I of Exhibit A, if such Trademarks use “Xxxxxx” immediately adjacent to the word “Mortgage,” “Reinsurance,” “Investment,” “Finance,” or any other word that reasonably conveys to consumers any services included in the Licensed Business. Each Spinco Party may adopt and use reasonable variations of the Licensed Marks on Part II of Exhibit A in its discretion, subject to Section 1.3. Spinco will give Xxxxxx prompt notice of any such new Trademark, which will be included in the definition of “Licensed Marks” for all purposes hereunder.
New Marks. If Company or Bank, or any of their Affiliates, adopts a trademark, tradename, service xxxx, domain name, logo or other proprietary source indicators which is used in connection with the Program but which is not listed on Schedule 1.1(a)(i) hereto (a “Bank New Xxxx”) or listed on Schedule 1.1(a)(ii) hereto (a “Company New Xxxx”), Company or Bank may request that the owner of the Bank New Xxxx or Company New Xxxx, as the case may be, add such Bank New Xxxx or Company New Xxxx to Schedule 1.1(a)(i) or Schedule 1.1(a)(ii) hereto and license its use hereunder; Bank or Company may do so in its sole discretion, and such Bank New Xxxx or Company New Xxxx shall be added to Schedule 1.1(a)(i) or Schedule 1.1(a)(ii) by amendment of this Agreement.
New Marks. The trademarks, service marks, logos, corporate names, trade names and/or domain names specifically set forth on Schedule A and as otherwise mutually and reasonably agreed by NBC and VV from time to time after the date hereof for use in connection with the VV Permitted Businesses.
New Marks. (a) Subject to Section 2.6, if TIC proposes to use any trademark, service mark, domain name, corporate name, trade name, or other source indicxxxx (a "Mark") containing TRAVELERS (a "Travelers Mark") that is not a Licenxxx Mark as of the Effective Date (each of xxxh proposed marks, a "New Mxxx"), TIC must comply with the following procedures and shall not xxx any proposed New Mark except in full compliance therewith:
(i) Xx a proposed New Mark meets the criteria set forth in the following provisioxx (1)-(7) (the "TM Guidelines"), then TIC may use such proposed New Mark without TPC's advance approval (provided that TIC shalx xxve TPC prompt notice of its use of such New Mark, with such notice to contain a signed statement by an xxxxcer of TIC as to such compliance with the TM Guidelines, and provided further that TIC must not modify or alter such New Mark in any way that does not comply with all of the TM Guixxxxnes):
(1) contains the words "Life" and/or "Annuity" or "Annuities";
(2) uses TRAVELERS consistent with the TPC Standards Manual attached hereto as Exhibit D (the "TPC Standards Manual"), with no variations to TRAVELERS such as by using a logo that includes new graphics or artwork in combination with TRAVELERS or by using translations, abbreviations (e.g., TRAV), new stylizations, or co-branded marks (e.g., "Travelers Yahoo! Life & Annuity"); provided that this Subsection 2.3(a)(i)(2) shall not restrict use by TIC of TRAVELERS together with LIFE and ANNUITY (or, if TIC exits either the life insurance or the annuity business but not both, TRAVELERS together with either LIFE or ANNUITY, as applicable) with the "Umbrella" Design mark, the "Blue Wave" mark, the XXXXGROUP Mark, or the Mark A MEMBER OF CIXXXXOUP so loxx xs such use is otherwise consistent with the TPC Standards Manual;
(3) uses TRAVELERS in reasonably similar prominence to all other words in the proposed New Mark;
(4) the New Portion (as definxx xelow) as used in the proposed New Mark is not the same as or confuxxxxly similar to a Mark already in use by TPC and/ox xxs Affiliates that is both (i) (x) on the attached Exhibit E (as supplemented from time to time in a written notice from TPC to TIC pursuant to this Agreement) or (y) pending (and listed on the then publicly-available database of the United States Patent and Trademark Office) or registered in the United States Patent and Trademark Office in the name of TPC and/or its Affiliates, and (ii) not generic or descriptive (provided tha...
