Trademarks and Domain Names. 9.5.1 Servier shall select one or more product trademarks (including backup trademarks) for the Products for use by Servier in the Territory (including backup trademarks) that are not confusingly similar to or otherwise infringes Sorrento’s Trademarks (the “Product Trademarks”). Servier (or its local Affiliates, as appropriate) shall own and retain all rights to Product Trademarks, together with all goodwill associated therewith, worldwide, and all e-brands, trade dress, service marks, domain names, designs and copyrights for the Product in the Territory.
9.5.2 Servier shall be responsible for filing and registering Product Trademarks at Servier’s expense and in its own name. Servier may, at its own discretion, select for the Product Trademark a trademark which was already filed or registered in Servier’s portfolio. Servier shall have the right but not the obligation to use a single global product trademark in the Territory. Servier shall have the right to affix any logo or trade name of its choice on the Product in the Territory.
9.5.3 Servier may also select domain names including or close to Product Trademarks. Servier shall be responsible for filing and registering these domain names at Servier’s expense and in its own name.
9.5.4 Sorrento does not have and shall not acquire any interest, title or right in any of the Product Trademarks or other Servier’s trademarks, trade dress, logos, trade names and designs. Sorrento shall not directly or indirectly seek through judicial or administrative process, to invalidate, oppose or challenge the validity, enforceability or scope of any Product Trademarks or other trade dress, logos, trade names and designs used in connection with The Products. During the term of this Agreement and thereafter, Sorrento undertakes not to take any actions and not to assist in any such actions to acquire any property rights in and to the Product Trademarks and any trade dress, logos, trade names, and designs used in connection with the Products, in particular not to register nor attempt to register in its name any trademark, trade name, trade or designs, identical or similar to the Product Trademarks and any trade dress, logos, trade names, and designs used in connection with the Products. Sorrento shall not register nor use directly or indirectly any domain name including a name identical to or similar to the Product Trademarks or Servier’s trade names.
9.5.5 Any and all use by Sorrento or its Affiliates of the Product Trademarks...
Trademarks and Domain Names. Patents Refer to attached list
Trademarks and Domain Names. No licenses to Domain Names are granted under this Agreement. The Parties acknowledge and agree that certain terms and conditions with respect to the SpinCo Group’s transitional use of certain Parent Trademarks are set forth in Exhibit B.
Trademarks and Domain Names. The Parties acknowledge and agree that no licenses are granted to the Parent Group in this Agreement with respect to any Trademarks or Domain Names.
Trademarks and Domain Names. 2.3.1 HELSINN shall have the right to select all trademarks, trade names and domain names connected with the Compound, the Products and the Combination Products and such trademarks, trade names and domain names will be the exclusive property of HELSINN.
2.3.2 ZEALAND is prohibited from registering or, except as provided at Article 3.1.1 below, using any trademarks, trade names and domain names in connection with the Compound, the Products and the Combination Products.
2.3.3 HELSINN shall submit a proposal for a recommended international non-proprietary name for the Compound to the World Health Organization at any time deemed appropriate by HELSINN, in accordance with the relevant rules of procedure in force at the time of the application.
Trademarks and Domain Names. To the Knowledge of the Company, all Patents Licensed have been maintained in good standing, and have no Liens, oppositions, actions for cancellation, nullity, invalidation or the like pending against them. All Licenses In and Licenses Out are in full force and effect, have not terminated or expired, and there are no material disputes or actions threatened or pending regarding the same. Except as set forth in Section 4.16 of the Company Disclosure Schedule, there are no third party Intellectual Property Rights (other than patents and trademarks) and, to the Knowledge of the Company, no third party patents or trademarks, that are infringed by any Products (including Products under development if they were currently being sold) or existing activities of the Company or a Company Subsidiary. To the Knowledge of the Company, all employees of the Company have entered into written agreements with the Company obligating the employee (a) to assign to the Company the employee's rights in any invention, whether patentable or patented, software, trade secret or technical information conceived, generated, made or reduced to practice by the employee under his/her employment with the Company, and (b) to maintain the confidentiality of Company information. The sections of the Company Disclosure Schedule referenced under the definitions for Copyrights, Domain Names, Licenses In, Licenses Out, Patents Owned, Patents Licensed and Trademarks list (i) all patents and patent applications, copyright registrations, trademarks, service marks and Internet domain names owned by the Company or any of the Company Subsidiaries that are material to the business of the Company and its Subsidiaries, taken as a whole, (ii) all licenses, sublicenses and other agreements pursuant to which the Company or any Company Subsidiary is authorized to use any third party patents, copyrights, trademarks or service marks and that are material to the business of the Company and its Subsidiaries, taken as a whole and (iii) all licenses, sublicenses and other agreements pursuant to which the Company or any Company Subsidiary authorizes any third party to use any patents, copyrights, trademarks or service marks owned or licensed by the Company or any Company Subsidiary and that are material to the business of the Company and its Subsidiaries, taken as a whole.
Trademarks and Domain Names. Licensee shall own and be responsible for all trademarks, trade names, branding, logos or domain names related to Licensed Products or the company name “Longboard” in the applicable Field in the Territory, and will be responsible for selecting, registering, defending, and maintaining the same at Licensee’s sole cost and expense. Notwithstanding the foregoing, the Parties agree that Licensee shall not own or be responsible for the intent-to-use trademark applications under serial numbers 90232096, 90232106, and 90279251, and any other intent-to-use applications as the Parties may mutually agree, until Licensor files the Amendment to Allege Use or the Allegation of Use for such applications. The Parties further agree that upon written request, Licensor shall promptly transfer (i) the trademarks or trademark applications described in, and subject to, the preceding sentence, and (ii) the domain names including the company name Longboard to Licensee.
Trademarks and Domain Names. With the exception of termination of this Agreement by OV under Sections 11.3, 11.5 or 11.6, OV agrees to negotiate in good faith with LP for the sale, assignment, and transfer by OV to LP of any OV trademarks and domain names acquired by OV under this Agreement relating to the promotion and sale of Product(s).
Trademarks and Domain Names. (a) The Sellers shall, and shall procure that all Seller Affiliates shall, as soon as reasonably possible but in no event later than the date falling three (3) months after Closing, cease and discontinue any and all use of the name “Charge Amps” and/or any sign used in connection with the Business of the Group Companies, or any name, trademark or sign similar to it, whereby, inter alia, the name “Charge Amps” and/or any sign connected to the Group Companies, shall no longer appear in any of their brochures, documents, domain names, letterheads, email addresses, stationary or other material used by or in the possession of any Seller or any of their Affiliates (except to the extent required for archival purposes due to mandatory law) and the Sellers shall not, and shall procure that all Affiliates of the Sellers shall not, thereafter adopt, use or attempt to register the word “Charge Amps” or any other name, trademark or sign currently used in connection with the Business of the Group Companies or any other name, trademark or sign which includes, is similar to, a derivation or translation of, or could be confused with the name “Charge Amps” or any other name, trademark or sign used in connection with the Business of the Group Companies, save for usage in accordance with the ordinary course of business of the Company.
(b) In the event that any Seller Affiliate should be the owner of, or have any other right to, any marks, trademarks, trade names or domain names or other Intellectual Property, which consist wholly or partly of the name “Charge Amps” or any sign, name or trademark or other Intellectual Property which includes, is similar to, a derivation or translation of or could otherwise be confused with the name “Charge Amps” or any sign, name or trademark or other Intellectual Property which is otherwise used by or in connection with the Business of the Group Companies, the Sellers undertake, and shall procure that all Seller Affiliates undertake, upon the request of the Buyer to, without consideration, to promptly assign all rights in it, including all goodwill associated with it, to the Buyer, or such Group Company specified by the Buyer, and to ensure the prompt execution of all such documents, certificates, agreements and other writings reasonably necessary in order for such marks, trademarks, trade names and internet domain names to be transferred to the Buyer, or such Group Company specified by the Buyer. The Buyer shall indemnify the Sellers for any...
Trademarks and Domain Names. You acknowledge that we, the Group and/or our third party licensors own all Intellectual Property Rights comprised in any and all of the Marketing Materials, our services, the Site and our Brands. Any use of any trade mark, domain name or trade name that contains, is confusingly similar to or is comprised of our Brands (other than in accordance with the terms of this Agreement) without our prior written permission shall be unauthorized and further may constitute Fraud Traffic. By way of example, but without limitation, YOU MAY NOT REGISTER A DOMAIN NAME THAT INCLUDES OUR BRANDS OR BRANDS CONFUSINGLY SIMILAR TO OUR BRANDS. You agree that all use by you of our Brands including any use of a domain name that includes our Brands or Brands confusingly similar to our Brands inures to our sole benefit and that you will not obtain any rights in our Brands as a result of such use. You shall not register or attempt to register any trademarks or names that contain, are confusingly similar to or are comprised of our Brands. You hereby agree to transfer any domain names or trade mark application or registrations in respect of our Brands or Brands confusingly similar to our Brands you may hold or control to us upon demand. You further agree not to attack or challenge our ownership of and title to our Brands in any way.
