Common use of TITLE AND GOODWILL Clause in Contracts

TITLE AND GOODWILL. 11.1 ADSC acknowledges that its sole right to use the AMIH Marks and any trademarks confusingly similar there to derives from this Agreement and that it does pot have any rights to use the AMIH Marks or any marks confusingly similar thereto save as provided herein. ADSC agrees to include in all sub-licenses an acknowledgment by sub-licensees appointed by ADSC to use the AMIH Marks that their sole right to use the AMIH Marks and any trademarks confusingly similar thereto derives from such sub-license and that they do not have any rights to use the AMIH Marks or any marks confusingly similar thereto save as provided therein. 11.2 ADSC shall, if reasonably requested by AMIH from time to time and to the extent practicable, for the protection of the AMIH Marks include and ensure that any sub-licensees of the AMIH Marks appointed by ADSC within a reasonable period of time include in advertisements in the press and elsewhere and on the goods or labels or containers used in connection with the sale of the goods and/or the provision of services under the AMIH Marks a notice to the effect that the AMIH Marks and each of them are trademarks of AMIH or its successors in title. 11.3 All rights arising from the use by ADSC or its sub-licensees of the AMIH Marks shall inure to the benefit of AMIH or its successors in title and all goodwill symbolized by the AMIH Marks shall belong to and accrue to AMIH or its successors in title. 11.4 The Parties acknowledge that use of the United States Marks by ADSC in the Territory may be required to maintain the validity of the United States Marks. If AMIH, acting reasonably, considers that any one of the United States Marks has not been used in the Territory in relation to the Programme, it shall be entitled to serve notice on ADSC requesting brief details of any use of the relevant United States Marks within the period of four years prior to the date of the notice or within a period of three months after the date of the notice. If in the reasonable opinion of AMIH, ADSC has not demonstrated that use of the relevant United States Marks has taken place to the extent necessary to preserve and maintain the validity of the said registration for the United States Marks and provided such United States Marks are material to the United States business of ADSC, AMIH may, in its sole discretion, require ADSC to make use of such United States ▇▇▇▇ solely to the extent required to maintain the registration of such United States ▇▇▇▇. Notwithstanding the foregoing, AMIH has the option not to renew any registration of such United States ▇▇▇▇ if ADSC is not using such in the Territory.

Appears in 1 contract

Sources: License Agreement (Alliance Data Systems Corp)

TITLE AND GOODWILL. 11.1 ADSC LMGC acknowledges that its sole right to use the AMIH Marks and any trademarks trade marks confusingly similar there to thereto derives from this Agreement and that it does pot not have any rights to use the AMIH Marks or any marks confusingly similar thereto save as provided herein. ADSC LMGC agrees to include in all sub-licenses an acknowledgment by sub-licensees appointed by ADSC LMGC to use the AMIH Marks that their sole right to use the AMIH Marks and any trademarks trade marks confusingly similar thereto derives from such sub-license and that they do not have any rights to use the AMIH Marks or any marks confusingly similar thereto save as provided therein. 11.2 ADSC LMGC shall, if reasonably requested by AMIH from time to time and to the extent practicable, for the protection of the AMIH Marks include and ensure that any sub-licensees of the AMIH Marks appointed by ADSC LMGC within a reasonable period of time include in advertisements in the press and elsewhere and on the goods or labels or containers used in connection with the sale of the goods and/or the provision of services under the AMIH Marks a notice to the effect that the AMIH Marks and each of them are trademarks trade marks of AMIH or its successors in title. 11.3 All rights arising from the use by ADSC LMGC or its sub-licensees of the AMIH Marks shall inure to the benefit of AMIH or its successors in title and all goodwill symbolized symbolised by the AMIH Marks shall belong to and accrue to AMIH or its successors in title. 11.4 The Parties acknowledge that use of the United States Canadian Marks by ADSC LMGC in the Territory may be required to maintain the validity of the United States Canadian Marks. If AMIH, acting reasonably, considers that any one of the United States Canadian Marks has not been used in the Territory in relation to the Programme, it shall be entitled to serve notice on ADSC LMGC requesting brief details of any use of the relevant United States Canadian Marks within the period of four years prior to the date of the notice or within a period of three months after the date of the notice. If in the reasonable opinion of AMIH, ADSC LMGC has not demonstrated that use of the relevant United States Canadian Marks has taken place to the extent necessary to preserve and maintain the validity of the said registration for the United States Canadian Marks and provided such United States Canadian Marks are material to the United States Canadian business of ADSCLMGC, AMIH may, in its sole discretion, require ADSC LMGC to make use of such United States Canadian ▇▇▇▇ solely to the extent required to maintain the registration of such United States Canadian ▇▇▇▇. Notwithstanding the foregoing, AMIH has the option not to renew any registration of such United States Canadian ▇▇▇▇ if ADSC LMGC is not using such in the Territory.

Appears in 1 contract

Sources: License Agreement

TITLE AND GOODWILL. 11.1 ADSC LMGC acknowledges that its sole right to use the AMIH Marks and any trademarks trade marks confusingly similar there to thereto derives from this Agreement and that it does pot not have any rights to use the AMIH Marks or any marks confusingly similar thereto there to save as provided herein. ADSC LMGC agrees to include in all sub-licenses an acknowledgment by sub-licensees appointed by ADSC LMGC to use the AMIH Marks that their sole right to use the AMIH Marks and any trademarks trade marks confusingly similar thereto derives from such sub-sub- license and that they do not have any rights to use the AMIH Marks or any marks confusingly similar thereto save as provided therein. 11.2 ADSC LMGC shall, if reasonably requested by AMIH from time to time and to the extent practicable, for the protection of the AMIH Marks include and ensure that any sub-licensees of the AMIH Marks appointed by ADSC LMGC within a reasonable period of time include in advertisements in the press and elsewhere and on the goods or labels or containers used in connection with the sale of the goods and/or the provision of services under the AMIH Marks a notice to the effect that the AMIH Marks and each of them are trademarks trade marks of AMIH or its successors in title. 11.3 All rights arising from the use by ADSC LMGC or its sub-licensees of the AMIH Marks shall inure to the benefit of AMIH or its successors in title and all goodwill symbolized symbolised by the AMIH Marks shall belong to and accrue to AMIH or its successors in title. 11.4 The Parties acknowledge that use of the United States Canadian Marks by ADSC LMGC in the Territory may be required to maintain the validity of the United States Canadian Marks. If AMIH, acting reasonably, considers that any one of the United States Canadian Marks has not been used in the Territory in relation to the Programme, it shall be entitled to serve notice on ADSC LMGC requesting brief details of any use of the relevant United States Canadian Marks within the period of four years prior to the date of the notice or within a period of three months after the date of the notice. If in the reasonable opinion of AMIH, ADSC LMGC has not demonstrated that use of the relevant United States Canadian Marks has taken place to the extent necessary to preserve and maintain the validity of the said registration for the United States Canadian Marks and provided such United States Canadian Marks are material to the United States Canadian business of ADSCLMGC, AMIH may, in its sole discretion, require ADSC LMGC to make use of such United States Canadian ▇▇▇▇ solely to the extent required to maintain the registration of such United States Canadian ▇▇▇▇. Notwithstanding the foregoing, AMIH has the option not to renew any registration of such United States Canadian ▇▇▇▇ if ADSC LMGC is not using such in the Territory.

Appears in 1 contract

Sources: License Agreement (Loyalty Ventures Inc.)

TITLE AND GOODWILL. 11.1 ADSC LMGC acknowledges that its sole right to use the AMIH Marks and any trademarks trade marks confusingly similar there to thereto derives from this Agreement and that it does pot not have any rights to use the AMIH Marks or any marks confusingly similar thereto there to save as provided herein. ADSC LMGC agrees to include in all sub-licenses an acknowledgment by sub-licensees appointed by ADSC LMGC to use the AMIH Marks that their sole right to use the AMIH Marks and any trademarks trade marks confusingly similar thereto derives from such sub-license and that they do not have any rights to use the AMIH Marks or any marks confusingly similar thereto save as provided therein. 11.2 ADSC LMGC shall, if reasonably requested by AMIH from time to time and to the extent practicable, for the protection of the AMIH Marks include and ensure that any sub-licensees of the AMIH Marks appointed by ADSC LMGC within a reasonable period of time include in advertisements in the press and elsewhere and on the goods or labels or containers used in connection with the sale of the goods and/or the provision of services under the AMIH Marks a notice to the effect that the AMIH Marks and each of them are trademarks trade marks of AMIH or its successors in title. 11.3 All rights arising from the use by ADSC LMGC or its sub-licensees of the AMIH Marks shall inure to the benefit of AMIH or its successors in title and all goodwill symbolized symbolised by the AMIH Marks shall belong to and accrue to AMIH or its successors in title. 11.4 The Parties acknowledge that use of the United States Canadian Marks by ADSC LMGC in the Territory may be required to maintain the validity of the United States Canadian Marks. If AMIH, acting reasonably, considers that any one of the United States Canadian Marks has not been used in the Territory in relation to the Programme, it shall be entitled to serve notice on ADSC LMGC requesting brief details of any use of the relevant United States Canadian Marks within the period of four years prior to the date of the notice or within a period of three months after the date of the notice. If in the reasonable opinion of AMIH, ADSC LMGC has not demonstrated that use of the relevant United States Canadian Marks has taken place to the extent necessary to preserve and maintain the validity of the said registration for the United States Canadian Marks and provided such United States Canadian Marks are material to the United States Canadian business of ADSCLMGC, AMIH may, in its sole discretion, require ADSC LMGC to make use of such United States Canadian ▇▇▇▇ solely to the extent required to maintain the registration of such United States Canadian ▇▇▇▇. Notwithstanding the foregoing, AMIH has the option not to renew any registration of such United States Canadian ▇▇▇▇ if ADSC LMGC is not using such in the Territory.

Appears in 1 contract

Sources: License Agreement (Alliance Data Systems Corp)