Common use of Protection of Marks Clause in Contracts

Protection of Marks. All rights with respect to the O2Diesel Trademarks and Distributor Trademarks not expressly granted in this Agreement are reserved by O2Diesel or Distributor, as the case may be. Distributor acknowledges the validity and O2Dieseil’s ownership of the O2Diesel Trademarks, and O2Diesel acknowledges the validity and Distributor’s ownership of the Distributor Trademarks. Neither Party shall attack the validity or ownership of the other Party’s marks or do anything inconsistent with such validity and ownership. Neither Party shall use any unitary composite mxxx consisting of marks of both Parties. Neither Party shall apply for registration of any of the other Party’s marks as a trademark in any country or oppose registration of the other party’s marks by the other Party. The Parties may agree in writing that Distributor shall have the right to enforce the O2Diesel Trademarks against any particular infringement by a distributor of oxygenated diesel fuel in the Territory. In other respects, each Party shall have the sole right, but not the obligation, to register, protect and enforce its marks.

Appears in 2 contracts

Samples: Supply and Distribution Agreement (O2diesel Corp), Supply and Distribution Agreement (O2diesel Corp)

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Protection of Marks. All rights with respect to the O2Diesel Trademarks and Distributor Energenics Trademarks not expressly granted in this Agreement are reserved by O2Diesel or DistributorEnergenics, as the case may be. Distributor Energenics acknowledges the validity and O2DieseilO2Diesel’s ownership of the O2Diesel Trademarks, and O2Diesel acknowledges the validity and DistributorEnergenics’s ownership of the Distributor Energenics’ Trademarks. Neither Party shall attack challenge the validity or ownership of the other Party’s marks or do anything inconsistent with such validity and ownership. Neither Party shall use any unitary composite mxxx xxxx consisting of marks of both Parties. Neither Party shall apply for registration of any of the other Party’s marks as a trademark in any country or oppose registration of the other party’s marks by the other Party. The Parties may agree in writing that Distributor Energenics shall have the right to enforce the O2Diesel Trademarks against any particular infringement by a distributor of oxygenated diesel fuel in the Territory. In other respects, each Party shall have the sole right, but not the obligation, to register, protect and enforce its marks.

Appears in 1 contract

Samples: Supply and Distribution Agreement (O2diesel Corp)

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Protection of Marks. All rights with respect to the O2Diesel Trademarks and Distributor Trademarks not expressly granted in this Agreement are reserved by O2Diesel or Distributor, as the case may be. Distributor acknowledges the validity and O2DieseilO2Diesel’s ownership of the O2Diesel Trademarks, and O2Diesel acknowledges the validity and Distributor’s ownership of the Distributor Distributor’ Trademarks. Neither Party shall attack challenge the validity or ownership of the other Party’s marks or do anything inconsistent with such validity and ownership. Neither Party shall use any unitary composite mxxx xxxx consisting of marks of both Parties. Neither Party shall apply for registration of any of the other Party’s marks as a trademark in any country or oppose registration of the other party’s marks by the other Party. The Parties may agree in writing that Distributor shall have the right to enforce the O2Diesel Trademarks against any particular infringement by a distributor of oxygenated diesel fuel in the Territory. In other respects, each Party shall have the sole right, but not the obligation, to register, protect and enforce its marks.

Appears in 1 contract

Samples: Supply and Distribution Agreement (O2diesel Corp)

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