Common use of Trademarks, Patents, Etc Clause in Contracts

Trademarks, Patents, Etc. The corporate names of the Company, and the trade names, trademarks, and service marks listed on Schedule 3.15 are ------------- the only names and marks which are used by the Company in the operation of its business. Except as set forth on Schedule 3.15, no claim has been asserted ------------- against the Company involving any conflict or claim of conflict of its trade names, trademarks or service marks or with the trade names, trademarks, service marks or corporate names of others, and, to the best of the knowledge of the Company and except as set forth on Schedule 3.15, there is no basis for any such ------------- claim of conflict. Except as set forth on Schedule 3.15 and to the best of the ------------- knowledge of the Company, the Company is the sole and exclusive owner of its trade names, trademarks and service marks and has the sole and exclusive right to use such trade names, trademarks and service marks. The Company is the registered owner of the United States and foreign patents listed on Schedule -------- 3.15 and has applications pending with the U.S. Patent Office and/or foreign ---- patent offices for the patents listed on Schedule 3.15 as being patents pending. ------------- The Company has no knowledge of any adverse claim of any kind with respect to any of such patents or patent applications, nor does it have any knowledge, or reason to know, that a patent will not issue on any such patent application. Except as set forth on Schedule 3.15 and to the best of the knowledge of the ------------- Company, no process used by the Company or any product manufactured or sold by the Company infringes upon any patent, patent application, trademark, trade name or service xxxx of any other party. There has been no claim of infringement of and, to the best of the knowledge of the Company and except as set forth on Schedule 3.15, the Company is not infringing on any third party's patent, ------------- license, trademark, trade name, service xxxx, copyright or other proprietary right.

Appears in 2 contracts

Samples: Convertible Debenture and Warrant Purchase Agreement (Divicore Inc), Convertible Debenture and Warrant Purchase Agreement (Divicore Inc)

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Trademarks, Patents, Etc. The corporate names of the Company, and the trade names, trademarks, and service marks listed on Schedule 3.15 are the ------------- the only names and marks which are used by the Company in the operation of its business. Except as set forth on Schedule 3.15, no claim has been asserted ------------- against the Company involving any conflict or claim of conflict of its trade names, trademarks or service marks or with the trade names, trademarks, service marks or corporate names of others, and, to the best of the knowledge of the Company and except as set forth on Schedule 3.15, there is no basis for any such ------------- claim of conflict. Except as set forth on Schedule 3.15 and to the best of the ------------- knowledge of the Company, the Company is the sole and exclusive owner of its trade names, trademarks and service marks and has the sole and exclusive right to use such trade names, trademarks and service marks. The Company is the registered owner of the United States and foreign patents listed on Schedule -------- 3.15 and has applications pending with the U.S. Patent Office and/or foreign ---- patent offices for the patents listed on Schedule 3.15 as being patents pending. ------------- The Company has no knowledge of any adverse claim of any kind with respect to any of such patents or patent applications, nor does it have any knowledge, or reason to know, that a patent will not issue on any such patent application. Except as set forth on Schedule 3.15 and to the best of the knowledge of the ------------- Company, no process used by the Company or any product manufactured or sold by the Company infringes upon any patent, patent application, trademark, trade name or service xxxx of any other party. There has been no claim of infringement of and, to the best of the knowledge of the Company and except as set forth on Schedule 3.15, the Company is not infringing on any third party's patent, ------------- license, trademark, trade name, service xxxx, copyright or other proprietary right.

Appears in 1 contract

Samples: Convertible Debenture and Warrant Purchase Agreement (Divicore Inc)

Trademarks, Patents, Etc. The corporate names of the Company, ------------------------ and the trade names, trademarks, and service marks listed on Schedule 3.15 3.14 are ------------- the only names and marks which are used by the Company in the operation of its business. Except as set forth on Schedule 3.15, no No claim has been asserted ------------- against the Company involving any conflict or claim of conflict of its trade names, trademarks or service marks or with the trade names, trademarks, service marks or corporate names of others, and, to the best of the knowledge of the Company and the Founder and except as set forth on Schedule 3.153.14, there is no basis for any such ------------- claim of conflict. Except as set ------------- forth on Schedule 3.15 3.14 and to the best of the ------------- knowledge of the CompanyCompany and the ------------- Founder, the Company is the sole and exclusive owner of its trade names, trademarks and service marks and has the sole and exclusive right to use such trade names, trademarks and service marks. The Company is the registered owner of the United States and foreign patents listed on Schedule -------- 3.15 3.14 and has applications pending ------------- with the U.S. Patent Office and/or foreign ---- patent offices for the patents listed on Schedule 3.15 3.14 as being patents pending. ------------- The Company has no knowledge of any ------------- adverse claim of any kind with respect to any of such patents or patent applications, nor does it have any knowledge, or reason to know, that a patent will not issue on any such patent application. Except as set forth on Schedule 3.15 -------- 3.14 and to the best of the knowledge of the ------------- CompanyCompany and the Founder, no process ---- used by the Company or any product manufactured or sold by the Company infringes upon any patent, patent application, trademark, trade name or service xxxx of any other party. There has been no claim of infringement of and, to To the best of the knowledge of the Company and the Founder and except as set forth on Schedule 3.153.14, the Company is not infringing on infringing, and there has ------------- been no claim of infringement of, any third party's patent, ------------- license, trademark, trade name, service xxxx, copyright or other proprietary right.

Appears in 1 contract

Samples: Subordinated Note and Warrant Purchase Agreement (Divicore Inc)

Trademarks, Patents, Etc. The corporate names of the Company, and the trade names, trademarks, and service marks listed on Schedule 3.15 are the ------------- the only names and marks which are used by the Company in the operation of its business. Except as set forth on Schedule 3.15, no claim has been asserted ------------- against the Company involving any conflict or claim of conflict of its trade names, trademarks or service marks or with the trade names, trademarks, service marks or corporate names of others, and, to the best of the knowledge of the Company and except as set forth on Schedule 3.15, there is no basis for any such ------------- claim of conflict. Except as set forth on Schedule 3.15 and to the best of the ------------- knowledge of the Company, the Company is the sole and exclusive owner of its trade names, trademarks and service marks and has the sole and exclusive right to use such trade names, trademarks and service marks. The Company is the registered owner of the United States and foreign patents listed on Schedule -------- 3.15 and has ---- applications pending with the U.S. Patent Office and/or foreign ---- patent offices for the patents listed on Schedule 3.15 as being patents pending. ------------- The Company ------------- has no knowledge of any adverse claim of any kind with respect to any of such patents or patent applications, nor does it have any knowledge, or reason to know, that a patent will not issue on any such patent application. Except as set forth on Schedule 3.15 and to the best of the knowledge of the ------------- Company, no ------------- process used by the Company or any product manufactured or sold by the Company infringes upon any patent, patent application, trademark, trade name or service xxxx of any other party. There has been no claim of infringement of and, to the best of the knowledge of the Company and except as set forth on Schedule 3.15, ------------- the Company is not infringing on any third party's patent, ------------- license, trademark, trade name, service xxxx, copyright or other proprietary right.

Appears in 1 contract

Samples: Convertible Debenture and Warrant Purchaser Agreement (Divicore Inc)

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Trademarks, Patents, Etc. The corporate names of the Company, ------------------------- and the trade names, trademarks, and service marks listed on Schedule 3.15 3.14 are ------------- the only names and marks which are used by the Company in the operation of its business. Except as set forth on Schedule 3.15, no No claim has been asserted ------------- against the Company involving any conflict or claim of conflict of its trade names, trademarks or service marks or with the trade names, trademarks, service marks or corporate names of others, and, to the best of the knowledge of the Company and the Founder and except as set forth on Schedule 3.153.14, there is no basis for any such ------------- claim of conflict. Except as set ------------- forth on Schedule 3.15 3.14 and to the best of the ------------- knowledge of the CompanyCompany and the ------------- Founder, the Company is the sole and exclusive owner of its trade names, trademarks and service marks and has the sole and exclusive right to use such trade names, trademarks and service marks. The Company is the registered owner of the United States and foreign patents listed on Schedule -------- 3.15 3.14 and has ------------- applications pending with the U.S. Patent Office and/or foreign ---- patent offices for the patents listed on Schedule 3.15 3.14 as being patents pending. ------------- The Company ------------- has no knowledge of any adverse claim of any kind with respect to any of such patents or patent applications, nor does it have any knowledge, or reason to know, that a patent will not issue on any such patent application. Except as set forth on Schedule 3.15 3.14 and to the best of the knowledge of the Company and ------------- Companythe Founder, no process used by the Company or any product manufactured or sold by the Company infringes upon any patent, patent application, trademark, trade name or service xxxx of any other party. There has been no claim of infringement of and, to To the best of the knowledge of the Company and the Founder and except as set forth on Schedule 3.153.14, the Company is ------------- not infringing on infringing, and there has been no claim of infringement of, any third party's patent, ------------- license, trademark, trade name, service xxxx, copyright or other proprietary right.

Appears in 1 contract

Samples: Subordinated Note and Warrant Purchase Agreement (Divicore Inc)

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