Trade Mark Rights Sample Clauses

Trade Mark Rights. (1) The supplier is responsible for ensuring that no third party protection laws are breached in connection with products produced by the supplier or on his behalf in countries of the European Union, North America or other countries. (2) The supplier is obliged to release us from all claims which third parties hold against us in connection with the breaches against the commercial protection laws mentioned in paragraph 1 and must refund us with all necessary expenses in connection with the demands. This demand is irrespective of any fault of the supplier.
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Trade Mark Rights. KCE represents and warrants that it is the sole beneficial and registered owner of the trade mark "SOL". Foods is obligated not to violate the trade mark rights of KCE. At the same time KCE grants Foods the right and exclusive license to use the trade mark "SOL" for the next 15 years, with respect to kosher products only. KCE also grants Foods the right and non-exclusive license to use the trade mark "SOL" for the next 15 years, only with respect to non-kosher products purchased from KCE, Kirkeby Dairy or their respective affiliates or business partners. Every other use no matter which market in contains will be without justification unless KCE has given a written permission. Foods shall not register the "SOL" trade mark elsewhere without written permission from KCE and that the registration belongs to KCE. There is not any permission given to Foods to use other trade marks belong to KCE. Kirkeby Dairy hereby represents and warrants that it is the sole beneficial and registered owner of the trade marks Karavel" and "Hamlet". Foods is obligated not to violate the trade mark rights of Kirkeby Dairy. Kirkeby Dairy hereby grants Foods the right and non-exclusive license to use the trade marks "Karavel" and "Hamlet".
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Trade Mark Rights. (1) Subject to paragraph (5), the supplier shall be responsible for ensuring that no industrial trade mark rights of third parties within the EEA states are infringed in connection with its delivery or service. (2) If claims are made against us or our customers by a third party for this reason, the supplier shall indemnify us against these claims upon our first written request. We shall not be entitled to enter into any agreements with the third party without the supplier’s consent, in particular to conclude a settlement. (3) The supplier's obligation to indemnify refers to all expenses necessarily incurred by us as a result of or in connection with claims asserted by a third party. (4) The limitation period shall be ten years, calculated from the contract’s conclusion. (5) The above paragraphs (1) to (4) shall not apply insofar as the supplier has manufactured the delivered goods in accordance with drawings, models or other equivalent descriptions or arrangements provided by us and does not know or, in connection with the products it manufactures, cannot know that industrial trade mark rights are infringed thereby.
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Trade Mark Rights. 1. In accordance with this Section 9, the seller warrants that the delivery item is free of industrial property rights and third-party copyrights. Each contracting party shall notify the other contracting party in writing immediately on receipt of claims on account of such rights having been infringed. 2. If the delivery item has infringed an industrial property right or a third-party copyright, the seller shall, at its own expense, modify or replace the delivery item as it deems fit, such that no further third party rights are infringed, but that the delivery item continues to fulfil the contractually agreed functions, or the purchaser acquires the right to use by way of a licence agreement. If the purchaser fails to obtain such right to use within an appropriate period, it shall be entitled to withdraw from the agreement or to reduce the purchase price accordingly. Any damage claims asserted by the purchaser are subject to the limitations of Section 8 of these general conditions of delivery. 3. In the case of infringement by third-party products supplied by the seller, the purchaser shall, as it deems fit, assert its claims against the manufacturer and upstream supplier for the purchaser's account, or assign such claims to the purchaser. According to this Section 7, claims against the purchaser exist in such cases only if the legal enforcement of the aforementioned claims against the manufacturer and upstream supplier were unsuccessful or futile, due to insolvency for example.
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Related to Trade Mark Rights

  • Trade Marks Any trade-xxxx adopted or used in association with wares or services which are or may be subject to the provisions of Article 14 shall be owned by the persons who, pursuant to this Article, are the owners of the patent, copyright or other intellectual property in question.

  • Trademark Rights Any and all past, present or future rights in, to and ---------------- associated with the Trademarks throughout the world, whether arising under federal law, state law, common law, foreign law or otherwise, including the following: all such rights arising out of or associated with the Trademark Registrations; the right (but not the obligation) to register claims under any state, federal or foreign trademark law or regulation; the right (but not the obligation) to xxx or bring opposition or cancellation proceedings in the name of the Assignor or the Agent for any and all past, present and future infringements or dilution of or any other damages or injury to the Trademarks, the Trademark Rights, or the Associated Goodwill, and the rights to damages or profits due or accrued arising out of or in connection with any such past, present or future infringement, dilution, damage or injury; and the Trademark License Rights.

  • Domain Names Licensee represents that it does not own any Internet domain names containing Citi Marks.

  • INTELLECTUAL PROPERTY RIGHTS - DATA RIGHTS A. Data produced under this Annex which is subject to paragraph C. of the Intellectual Property Rights - Data Rights Article of the Umbrella Agreement will be protected for the period of one year. B. Under paragraph H. of the Intellectual Property Rights - Data Rights Article of the Umbrella Agreement, Disclosing Party provides the following Data to Receiving Party. The lists below may not be comprehensive, are subject to change, and do not supersede any restrictive notice on the Data provided.

  • Copyrights, Patents and Trademarks (i) Borrower hereby represents and warrants that, as of the date of this Agreement, Borrower does not have any maskworks, computer software, or other copyrights, that are registered (or are the subject of any application for registration) with the United States Copyright Office. Borrower hereby covenants and agrees that Borrower will NOT register with the United States Copyright Office (or apply for such registration of) any of Borrower’s maskworks, computer software, or other copyrights, unless Borrower has provided Lender not less than 30 days prior written notice of the commencement of such registration/application and Borrower has executed and delivered to Lender such security agreement(s) and other documentation (in form and substance reasonably satisfactory to Lender) which Lender in its good faith business judgment may require for filing with the United States Copyright Office with respect to such registration or application. (ii) Borrower will identify to Lender in writing any and all patents and trademarks of Borrower that are registered (or the subject of any application for registration) with the United States Patent and Trademark Office and, upon Lender’s request therefor, promptly execute and deliver to Lender such security agreement(s) and other documentation (in form and substance reasonably satisfactory to Lender) which Lender in its good faith business judgment may require for filing with the United States Patent and Trademark Office with respect to such registration or application. (iii) Borrower will: (x) protect, defend and maintain the validity and enforceability of Borrower’s copyrights, patents, and trademarks; (y) promptly advise Lender in writing of material infringements of Borrower’s copyrights, patents, or trademarks of which Borrower is or becomes aware; and (z) not allow any material item of Borrower’s copyrights, patents, or trademarks to be abandoned, forfeited or dedicated to the public without Lender’s written consent.

  • No Trademark Rights No right, express or implied, is granted by this Agreement to a Party to use in any manner the name or any other trade name or trademark of the other Party in connection with the performance of this Agreement or otherwise.

  • Trademarks, Patents Each of the Borrower and the Subsidiaries possesses or has the right to use all of the patents, trademarks, trade names, service marks and copyrights, and applications therefor, and all technology, know-how, processes, methods and designs used in or necessary for the conduct of its business, without known conflict with the rights of others.

  • Trade Names and Trademarks No Issuer Entity may use any company name, trade name, trademark or service xxxx or logo of Ameriprise or any person or entity controlling, controlled by, or under common control with Ameriprise without Ameriprise’s prior written consent.

  • Trademark Use (a) Reseller acknowledges that the Vendor Trademarks are trademarks owned solely and exclusively by Vendor, and agrees to use the Vendor Trademarks only in the form and manner and with appropriate legends as prescribed by Vendor. Reseller agrees not to use any other trademark or service mark xx connection with any of the Vendor Trademarks without prior written approval of Vendor. All use of Vendor Trademarks shall inure to the benefit of Vendor. (b) Vendor acknowledges that the Reseller Trademarks are trademarks owned solely and exclusively by Reseller, and agrees to use the Reseller Trademarks only in the form and manner and with appropriate legends as prescribed by Reseller. Vendor agrees not to use any other trademark or service mark xx connection with any of the Reseller Trademarks without prior written approval of Reseller. All use of Reseller Trademarks shall inure to the benefit of Reseller. (c) Reseller shall indemnify and hold Vendor harmless from and against any and all liabilities, losses, damages, costs and expenses (including legal fees and expenses) associated with any claim or action brought against Vendor that may arise from Reseller's improper or unauthorized replication, packaging, marketing, distribution, or installation of the Software, including claims based on representations, warranties, or misrepresentations made by Reseller. (d) BOTH PARTIES LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY THE OTHER PARTY, EVEN IF IT HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RESELLER STATES AND VENDOR ACKNOWLEDGES THAT THE BENEFITS OF THIS AGREEMENT ARE A MATERIAL INDUCEMENT TO RESELLER TO ENTER INTO THE CO-HOSTING AGREEMENT AND, IN THE EVENT OF A TERMINATION OF THIS AGREEMENT BY VENDOR FOR AN ALLEGED MATERIAL RESELLER BREACH WHICH IS HELD NOT TO BE A MATERIAL BREACH IN FACT, THE COURT SHALL CONSIDER IN ASSESSING DAMAGES HEREUNDER THE CO-HOSTING FEES AND ANY AMOUNTS PAID BY ANY SUCCESSOR THIRD PARTY SITE MANAGER FOR THE RIGHT TO PERFORM SIMILAR WEB SITE SERVICES FOR VENDOR WITHIN ONE YEAR OF THE TERMINATION.

  • Trademarks, Etc Except to the extent required by applicable law, no Party shall use any other Party's names, logos, trademarks or service marks, whether registered or unregistered, without the prior consent of such Party.

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