Trademarks and Trade Dress Sample Clauses

Trademarks and Trade Dress. The packaging, artwork. documentation and other materials provided to NP by SunConnect hereunder may contain Sun Microsystems, Inc. ("Sun") trademarks and or trade dress requirements ("Sun Trademarks and Trade Dress").
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Trademarks and Trade Dress. CENTER will specify the trademarks and tradename of each of the Meters sold to or by CENTER under this Agreement.
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Trademarks and Trade Dress. Indivior shall have the right, in its sole discretion, to select, register and own the trade marks, trade dress, logos, slogans and internet domain names with respect to the Licensed Products (collectively, the “Licensed Product Trademarks and Trade Dress”), except for the name and trademark, if any, that define the pharmacological class (i.e. CB1-SSi) or the pharmacological name of the compound as will be notified by Aelis to Indivior. If Aelis files a trade mark or other Intellectual Property Right on such names and trade mark, Aelis will grant to Indivior a non-exclusive, fully paid-up license thereunder for the Licensed Product in the Field and for the duration of the License Term. As between the Parties, Indivior shall own all rights to Licensed Product Trademarks and Trade Dress (in each case, together with all goodwill associated therewith).
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Trademarks and Trade Dress. (a) Without limiting the foregoing, each party’s logos, trademarks, trade names, and trade dress (collectively “Marks”) and associated goodwill shall at all times remain the exclusive property of that party. Each party acknowledges that the provisions of this Commercialization Agreement do not convey any right, title or ownership interest in the Marks of the other party. A limited license pursuant to Section 2.02 is granted during the Term of this Commercialization Agreement solely as necessary to implement the activities contemplated by this Commercialization Agreement and subject to the written approval of the licensing party as set forth in Section 5.05(b). Any goodwill developed by such use of Marks shall inure solely to the benefit of the owners of such Marks. Further, each party warrants and represents that it has permission to use and has the permission to grant to the other party the right to use the Marks in connection with the promotional activities contemplated by this Commercialization Agreement; provided, however that registration of the trademark “DexCom” is currently subject to challenge by [******] before the Patent and Trademark Office (the “[******] Challenge”) and if DexCom is unsuccessful in its efforts to secure registration of the trademark “DexCom” it may not have the right to use such Xxxx in the future. [******] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. Confidential treatment has been requested with respect to the omitted portions. (b) Each party shall promptly call to the attention of the other party the use of any Xxxx that the advising party might consider an actual infringement, or threatened infringement or passing off of the other party’s Xxxx by a third party. The party hereto that owns such Xxxx (either directly or through that party’s Affiliate) (collectively the “Xxxx Owner”) shall then determine, in its sole discretion, whether an action, if any, will be taken in response to such actual infringement, threatened infringement, or passing off of the Xxxx. In the event the Xxxx Owner decides that an action should be taken in response to such actual infringement, threatened infringement, or passing off of the Xxxx, the Xxxx Owner may take such action in its own name if it chooses to do so in its sole discretion. The parties agree t...
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Trademarks and Trade Dress. Distributor recognizes in the Territory the exclusive ownership of all trademarks and trade dress affecting Products by VSSI or any subsidiary, parent or affiliated company of VSSI. Distributor shall not, either while this Agreement is in effect or at any time thereafter, register, use or attempt to obtain any right in or to any such trademark or trade dress or in and to any trademark or trade dress confusingly similar thereto. Except to the extent required or permitted by this Agreement, Distributor shall not by reason of this Agreement use, without the prior written consent of VSSI, the words "Vet-Sonotron Systems" or any other trademark of VSSI in its advertising, labels, signs, literature or commercial stationary, provided, however, that while this Agreement remains in force, Distributor shall be entitled to describe itself as VSSI's distributor of Products in the Territory.
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Trademarks and Trade Dress. The Marketed Product shall be promoted, sold and Distributed in the Territory in accordance with the provisions of this Agreement under the Biovail Trademarks and Biovail Trade Dress, as such trademarks and trade dress may be updated by BLS from time to time. BLS shall reimburse Kos for any reasonable out-of-pocket costs or expenses Kos incurs as a result of BLS changing the Biovail Trademarks and Biovail Trade Dress. BLS (or its Affiliates, as appropriate) shall own and retain all rights to Biovail Trade Dress and Biovail Trademark(s) and all goodwill associated therewith. Notwithstanding the foregoing, as soon as reasonably practicable after the Closing Date and otherwise in accordance with all applicable Laws, Kos shall prepare and submit to BLS for BLS's approval a sample of Kos's trade dress to be utilized to Distribute the Marketed Product in the Territory (the "KOS TRADE DRESS"). Kos hereby grants to BLS the right to use, with the right to grant Affiliates and Third Parties the right to use, such Kos Trade Dress in the Territory solely for the purpose of performing its obligations under this Agreement. Kos shall be responsible for complying with all applicable Laws in connection with the Kos Trade Dress. Kos shall own and retain all rights to the Kos Trade Dress and all goodwill associated therewith. The Kos Trade Dress shall be used only pursuant to the terms of this Agreement to identify, and in connection with, the Distribution of the Marketed Product, and shall not be used by either Party to identify, or in connection with, the marketing of any other products. BLS's (and its Affiliate's) right to use the Kos Trade Dress shall automatically terminate upon the termination or expiration of this Agreement (with respect to the Marketed Product).
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Trademarks and Trade Dress. Purchaser shall not promote, sell or distribute any of the products (if any) developed pursuant to the Purchased ANDAs under trademarks, tradenames, service marks or names which are identical or confusingly similar to any trademarks, tradenames, service marks or names used by Seller in connection with the sale of any of its products; provided, however, that it is expressly acknowledged and understood that nothing in this Section 6.01 shall be construed to require Purchaser to change the size, shape or color of the products described in the Purchased ANDAs prior to the marketing and sale of such products.
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Trademarks and Trade Dress 
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Related to Trademarks and Trade Dress

  • Trademarks and Trade Names Except as specifically set out in this Agreement, nothing in this Agreement shall grant, suggest, or imply any authority for one Party to use the name, trademarks, service marks, or trade names of the other for any purpose whatsoever.

  • 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.

  • Patents and Trademarks The Company and the Subsidiaries have, or have rights to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, trade secrets, inventions, copyrights, licenses and other intellectual property rights and similar rights necessary or material for use in connection with their respective businesses as described in the SEC Reports and which the failure to so have could have a Material Adverse Effect (collectively, the “Intellectual Property Rights”). Neither the Company nor any Subsidiary has received a notice (written or otherwise) that any of the Intellectual Property Rights used by the Company or any Subsidiary violates or infringes upon the rights of any Person. To the knowledge of the Company, all such Intellectual Property Rights are enforceable and there is no existing infringement by another Person of any of the Intellectual Property Rights. The Company and its Subsidiaries have taken reasonable security measures to protect the secrecy, confidentiality and value of all of their intellectual properties, except where failure to do so could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

  • Patents, Trademarks and Copyrights Machinery and equipment of the VESSEL, whether made or furnished by the BUILDER under this CONTRACT, may bear the patent numbers, trademarks, or trade names of the manufacturers. The BUILDER shall defend and save harmless the BUYER from all liabilities or claims for or on account of the use of any patents, copyrights or design of any nature or kind, or for the infringement thereof including any unpatented invention made or used in the performance of this CONTRACT and also for any costs and expenses of litigation, if any in connection therewith. No such liability or responsibility shall be with the BUILDER with regard to components and/or equipment and/or design supplied by the BUYER. Nothing contained herein shall be construed as transferring any patent or trademark rights or copyrights in equipment covered by this CONTRACT, and all such rights are hereby expressly reserved to the true and lawful owners thereof.

  • Trademarks and Copyrights 9.1 Distributor acknowledges Airspan's exclusive right, title, and interest in and to any trademarks, trade names, logos and designations which Airspan may at any time have adopted, used, or registered in the United States of America and in the Territory (the "Trademarks"), and will not at any time do or cause to be done any act or thing contesting or in any way impairing or tending to impair any part of said right, title, and interest. In connection with any reference to the Trademarks, Distributor shall not in any manner represent that it has an ownership interest in the Trademarks or registration(s) thereof, and Distributor acknowledges that no action by it or on its behalf shall create in Distributor's favor any right, title, or interest in or to the Trademarks. 9.2 Distributor recognizes the validity of Airspan's copyright in any written material to which Airspan shall have made a claim to copyright protection, and Distributor specifically recognizes Airspan's exclusive right to copyright protection and/or registration of any translation of any advertising, promotional, or descriptive material furnished to Distributor by Airspan. 9.3 Whenever Distributor refers to the Trademarks in advertising or in any other manner to identify the products, Distributor shall clearly indicate Airspan's ownership of the Trademarks and before distributing or publishing any advertising, descriptive, or promotional materials, Distributor shall affirmatively provide Airspan with an opportunity to inspect and approve such materials. 9.4 Distributor agrees that when referring to the Trademarks, it shall diligently comply with all laws pertaining to the Trademarks at any time in force in the Territory. -------------------------------------------------------------------------------- 9.5 Distributor shall promptly notify Airspan of any and all infringements, imitations, illegal uses, or misuses of the Trademarks which come to Distributor's attention. Distributor also agrees that it shall not at any time take any action in the courts or before the administrative agencies of the Territory or otherwise to prevent the infringement, imitation, illegal use, or misuse of the Trademarks, it being clearly understood by Distributor that such action falls wholly within the authority of Airspan as sole owner of the Trademarks. 9.6 Distributor agrees to render to Airspan all assistance in connection with any matter pertaining to the protection of the Trademarks, whether in the courts or before the administrative agencies of the Territory or otherwise, and to make promptly available to Airspan, its Distributors, and attorneys all of Distributor's files, records, and other information pertaining to the advertising, promotion, and sale of the Airspan Products. All assistance requested by Distributor in this paragraph shall be at AIRSPAN's expense. This Expense includes costs, attorneys' and consultants' fees, and reimbursement of time spent by officers, agents and employees of Distributor. 9.7 Distributor agrees and undertakes that it will not at any time, whether during the term of this Agreement or after its expiration or termination, adopt, use, or register without Airspan's prior, written consent any work or symbol or combination thereof which is similar to any of the Trademarks. 9.8 In the advertising and sale of Airspan Products, Distributor may use the Trademarks in relation to those Airspan Products. Distributor will not make or permit the alteration or removal of any tags, labels, or other identifying marks placed by Airspan on Airspan Products. Distributor will not use or give any third party permission to use the Trademarks. Distributor will not use, or give any third party permission to use, the names "Airspan Communications Ltd.", "Airspan Networks Incorporated", "ACL", "ANI" or abbreviations or derivations thereof in Distributor's corporate titles, or in any way which might result in confusion as to Airspan and Distributor being separate and distinct entities. Distributor admits Airspan's exclusive ownership of the name "Airspan Networks Incorporated", "Airspan Communications Ltd.", "ANI", "ACL", and any abbreviations or derivations thereof and all of Airspan's Trademarks (whether registered or not). Distributor shall not take any action inconsistent with Airspan's ownership of such Trademarks; therefore, Distributor shall treat all of Airspan's items distinctively (as to typography) and shall only use exact reproductions of all Airspan's symbols (including Airspan's logo). Distributor shall not adopt or use any Trademark or product name which may be confusingly similar to any Airspan Trademark. Distributor may use the Airspan logo as it appears on Airspan's letterhead.

  • Copyrights and Trademarks The Client represents to Developer and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Developer for inclusion in web pages are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Developer and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.

  • Trademarks and Logos 3.1 Licensee accepts and recognizes that Licensor is the sole and exclusive owner of the Lightstreamer trademark and logos related to it. 3.2 Licensee has no right in relation to the use of the Lightstreamer distinctive signs, and Licensee cannot remove such Lightstreamer distinctive signs, modify them or use them autonomously.

  • 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.

  • 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.

  • Patents, Trademarks, Etc The Borrower has obtained and holds in full force and effect all patents, trademarks, servicemarks, trade names, copyrights and other such rights, free from burdensome restrictions, which are necessary for the operation of its business as presently conducted, the impairment of which is likely to have a Material Adverse Effect.

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