Common use of Trademark Marking Requirements Clause in Contracts

Trademark Marking Requirements. The proper symbol— ®, TM or SM — for each Trademark must be used. Although it is not necessary to use a trademark symbol every time a Trademark is used in printed materials or on packaging, labels or in electronic materials, the symbol should be noted at least once on printed materials, including packaging, labels, advertisements and on-line information such as websites, to designate a trademark of Spansion. If it is not feasible or aesthetically desirable to place the ®, TM or SM symbol with a Trademark, the Trademark should be followed, where feasible, by an asterisk (*) that references one of the following footnotes: (a) Reg. U.S. Patent and Trademark Office (if applicable). (b) This is a trademark of Spansion LLC in the United States and other countries. (c) This is a registered trademark of Spansion LLC in the United States and other countries (once again, if applicable). Alternatively, a designation of Trademarks on a panel of packaging or at the end of printed materials will suffice. For example, if a press release or detailed advertisement refers to the Trademarks, the following note could appear at the end of the document: TRADEMARK is a trademark of Spansion LLC in the United States and other countries. Additional factors need to be considered when identifying ownership of the Trademarks in countries other than the United States. For example, some countries do not recognize the ® symbol. In other countries, improper use of the ® symbol can result in the forfeiture of trademark rights. Therefore this last approach to identifying ownership of Trademark should be used for labels, packaging, brochures, advertising or promotional materials intended for use in countries other than the United States.

Trademark Marking Requirements. The proper symbol— ®, TM or SM — for each Trademark must be used. Although it is not necessary to use a trademark symbol every time a Trademark is used in printed materials or on packaging, labels or in electronic materials, the symbol should be noted at least once on printed materials, including packaging, labels, advertisements and on-line information such as websites, to designate a trademark of SpansionFASL. If it is not feasible or aesthetically desirable to place the ®, TM or SM symbol with a Trademark, the Trademark should be followed, where feasible, by an asterisk (*) that references one of the following footnotes: (a) Reg. U.S. Patent and Trademark Office (if applicable). (b) This is a trademark of Spansion FASL LLC in the United States and other countries. (c) This is a registered trademark of Spansion FASL LLC in the United States and other countries (once again, if applicable). Alternatively, a designation of Trademarks on a panel of packaging or at the end of printed materials will suffice. For example, if a press release or detailed advertisement refers to the Trademarks, the following note could appear at the end of the document: TRADEMARK is a trademark of Spansion FASL LLC in the United States and other countries. Additional factors need to be considered when identifying ownership of the Trademarks in countries other than the United States. For example, some countries do not recognize the ® symbol. In other countries, improper use of the ® symbol can result in the forfeiture of trademark rights. Therefore this last approach to identifying ownership of Trademark should be used for labels, packaging, brochures, advertising or promotional materials intended for use in countries other than the United States.

Trademark Marking Requirements. The proper symbol— ®, TM or SM SM— for each Spansion Trademark must be used. Although it is not necessary to use a trademark symbol every time a Spansion Trademark is used in printed materials or on packaging, labels or in electronic materials, the symbol should be noted at least once on printed materials, including packaging, labels, advertisements and on-line information such as websites, to designate a trademark of Spansion. If it is not feasible or aesthetically desirable to place the ®, TM or SM symbol with a Spansion Trademark, the Spansion Trademark should be followed, where feasible, by an asterisk (*) that references one of the following footnotes: (a) Reg. U.S. Patent and Trademark Office (if applicable). (b) This is a trademark of Spansion LLC in the United States and other countries. (c) This is a registered trademark of Spansion LLC in the United States and other countries (once again, if applicable). Alternatively, a designation of Spansion Trademarks on a panel of packaging or at the end of printed materials will suffice. For example, if a press release or detailed advertisement refers to the Spansion Trademarks, the following note could appear at the end of the document: TRADEMARK [SPANSION TRADEMARK] is a trademark of Spansion LLC in the United States and other countries. Additional factors need to be considered when identifying ownership of the Spansion Trademarks in countries other than the United States. For example, some countries do not recognize the ® symbol. In other countries, improper use of the ® symbol can result in the forfeiture of trademark Trademark rights. Therefore this last approach to identifying ownership of Spansion Trademark should be used for labels, packaging, brochures, advertising or promotional materials intended for use in countries other than the United States.