Protection of Trademarks. Such Grantor shall, with respect to any Trademarks that are material to the business of such Grantor, use commercially reasonable efforts not to cease the use of any of such Trademarks or fail to maintain the level of the quality of products sold and services rendered under any of such Trademarks at a level at least substantially consistent with the quality of such products and services as of the date hereof, and shall use commercially reasonable efforts to take all steps reasonably necessary to ensure that licensees of such Trademarks use such consistent standards of quality, except as would not reasonably be expected to have a Material Adverse Effect.
Protection of Trademarks. The trademarks of HII, its subsidiaries, operating units and divisions, are assets of considerable value. However, in order to preserve their validity and value to the company, their use must comply with the rules and regulations of the governments which have granted trademark registration to certain words, name or symbols. The following general rules should be followed in all countries: - Always use trademarks in a distinctive manner, even in internal memos, such as by capitalization or by placing the word or symbol in quotes ("MAGNETORQUE"). - At the first use of the trademark in public documents such as ads, use the registration or trademark notice for the country in which the document will appear. The registration notice for the U.S. is "-Registered Trademark-" ("P&H") and the notice for a trademark that has not been registered is "-TM-" ("TORQUE-LOCK -TM-). - Only use the trademark to describe a product ("P&H Cranes"). Questions regarding trademark use, and any plans for the creation or registration of new trademarks, should be directed to the Law Department.
Protection of Trademarks. The Licensee shall not directly or indirectly seek to register any trademark or trade name incorporating the Trademarks, use the Trademarks in combination with any other trademarks, engage in any conduct that would constitute Infringement of or otherwise affect the Licensors’ rights in or to the Trademarks or the goodwill associated with them, dispute the ownership, validity or enforceability of the Trademarks, or attempt to invalidate, dilute or otherwise adversely affect the value of the goodwill associated with the Trademarks.
Protection of Trademarks. Such Grantor shall, with respect to any Trademarks that are material to the business of the Borrower and its Restricted Subsidiaries, taken as a whole, use commercially reasonable efforts not to cease the use of any of such Trademarks or fail to maintain the level of the quality of products sold and services rendered under any of such Trademarks at a level at least substantially consistent with the quality of such products and services as of the date hereof, and shall use commercially reasonable efforts to take all steps reasonably necessary to ensure that licensees of such Trademarks use such consistent standards of quality, in each case, except as would not reasonably be expected to have a Material Adverse Effect.
Protection of Trademarks. Each Party shall cooperate with the other Party to protect the interest of such other Party in the Product Trademarks in such other Party’s Territory. Each Party shall promptly inform the other Party of any actual or apparent infringement of such other Party’s interest in the Product Trademarks in such other Party’s Territory which may come to its attention during the Term.
Protection of Trademarks. Trikon shall take all reasonable steps to maintain, and shall take no steps that derogate from, the force or validity of, the Trademarks; shall pay such fees in a timely manner as are necessary to maintain the registrations of the Trademarks in all countries of such registration that Trikon deems, in its sole discretion, to be commercially reasonable; and shall have the exclusive right to institute and prosecute in its sole discretion with all reasonable effort actions against any suspected infringers or misusers of the Trademarks.
Protection of Trademarks. In order to preserve all rights and goodwill in the Trademarks or any other trademarks of LICENSOR, it is further agreed that:
5.1 LICENSEE agrees to assist LICENSOR in the procurement of any registration for, or to protect any of LICENSOR’S rights to, the Trademarks. During this Agreement and thereafter LICENSEE shall not have the right to obtain trademark, copyright, or design patent registrations of the Trademarks or any trademark confusingly similar to Trademarks.
5.2 LICENSEE shall, as soon as it becomes aware of any use by others of a trade name, trademark, or trade dress of goods, including any promotion or advertising that could amount to infringement of LICENSOR’s rights in the Trademarks, or unfair competition with Trademarks, immediately provide written notice of such use to LICENSOR. LICENSOR shall have the sole right to determine whether or not any action shall be taken on account of any such infringements or imitations.
5.3 LICENSEE shall not have the right to institute proceedings for infringement of any licensed Trademark, or to institute proceedings against a competitor for unfair competition or improper use of the Trademarks, or to incur any costs or obligations on behalf of LICENSOR, unless LICENSEE has prior written consent from LICENSOR.
5.4 If LICENSEE becomes aware that a third party alleges that the Trademarks are invalid or that the use of the Trademarks infringes any rights of another party or that the Trademarks are otherwise contested, LICENSEE shall immediately give LICENSOR full particulars thereof in writing and shall make no comment or admission to any third party in respect thereof.
5.5 LICENSEE shall give full cooperation to LICENSOR in any action, claim or proceeding brought or threatened against the Trademarks, including listing LICENSEE as a named party if such is needed in the reasonable discretion of LICENSOR to enforce LICENSOR’S rights.
Protection of Trademarks. Nothing in this Agreement shall be construed to bar XXX or Lenders Protection, prior to or after the expiration or termination of this Agreement, from protecting their respective rights to the exclusive use of their respective trademarks against infringement by any Party or Parties, including the other Party.
Protection of Trademarks. Grantor covenants that it will at its own expense protect, defend and maintain the Trademarks to the extent reasonably advisable in its business as determined by Grantor in its sole discretion, provided that if Grantor fails to do so, Secured Party may (but shall have no obligation to) do so in Grantor’s name or in Secured Party’s name, but at Grantor’s expense, and Grantor shall reimburse Secured Party in full for all expenses, including reasonable attorney’s fees incurred by Secured Party in protecting, defending and maintaining the Trademarks. Grantor further covenants that it will give notice to Secured Party sufficient to allow Secured Party to timely carry out the provisions of this Section 6.
Protection of Trademarks. ILS shall have sole and exclusive right to protect and defend the Trademarks, at its sole cost and expense. ILS shall not be liable to Distributor for any loss or damage suffered by Distributor as a result of the use of the Trademarks, any litigation or proceeding involving the Trademarks or any failure by ILS to protect or defend the Trademarks.
