Common use of No Confusing Use or Registrations Clause in Contracts

No Confusing Use or Registrations. Without waiving SERI’s rights to statutory and other legal claims, as well as equitable remedies related to any infringement of its Mark(s), Applicant contractually agrees not to begin any new use of or file for registration of any fictitious business name, DBA, trademark, collective mark, service mark, certification mark, and/or trade name, in any class and in any country that, in SERI’s sole discretion, is the same as, confusingly similar to (such as by reference to “R2”), or likely to cause confusion with the Mark(s) or its constituent parts (collectively, “Confusing Trade Names”). Applicant further acknowledges that as a continuing condition of SERI’s grant of the License herein, SERI may, at any time, and in its discretion, require Applicant to cease use of Confusing Trade Names, or constituent parts thereof, that were in use by Applicant both prior to and/or after the Effective date of this Agreement with SERI. Applicant agrees to abide by XXXX’s determination of such matter(s), to immediately cease and desist use of any such Confusing Trade Names upon written demand by SERI (whether such demand is made during or after the Term of this Agreement), and to resolve any dispute arising therefrom via the exclusive dispute resolution process of Section 8 herein.

Appears in 3 contracts

Samples: Seri License Agreement, Seri License Agreement, Seri License Agreement

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No Confusing Use or Registrations. Without waiving SERI’s rights to statutory and other legal claims, as well as equitable remedies related to any infringement of its Mark(sXxxx(s), Applicant contractually agrees not to begin any new use of or file for registration of any fictitious business name, DBA, trademark, collective markxxxx, service markxxxx, certification markxxxx, and/or trade name, in any class and in any country that, in SERI’s sole discretion, is the same as, confusingly similar to (such as by reference to “R2”), or likely to cause confusion with the Mark(sXxxx(s) or its constituent parts (collectively, “Confusing Trade Names”). Applicant further acknowledges that as a continuing condition of SERI’s grant of the License herein, SERI may, at any time, and in its discretion, require Applicant to cease use of Confusing Trade Names, or constituent parts thereof, that were in use by Applicant both prior to and/or after the Effective date of this Agreement with SERI. Applicant agrees to abide by XXXXSERI’s determination of such matter(s), to immediately cease and desist use of any such Confusing Trade Names upon written demand by SERI (whether such demand is made during or after the Term of this Agreement), and to resolve any dispute arising therefrom via the exclusive dispute resolution process of Section 8 herein.

Appears in 2 contracts

Samples: Seri License Agreement, Seri License Agreement

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