Use of Licensed Marks. A. Under the license and rights granted herein, Licensee is authorized to use the Licensed Marks only as provided in Article 2.
B. Licensee shall comply with the Usage Guidelines with respect to the appearance and manner of use of the Licensed Marks. In using the Licensed Marks, Licensee shall indicate that the Licensed Marks are registered trademarks of GE. Any use of the Licensed Marks not specifically provided for by the Usage Guidelines (including any uses not contemplated by the Usage Guidelines, any uses in contravention of the Usage Guidelines and any clarifications of the Usage Guidelines) shall be adopted by Licensee only upon prior written approval by Licensor.
C. Without limiting Section 5.B, all use of the Licensed Marks by Licensee hereunder shall be in accordance in all respects with the provisions of this Agreement, and with the Usage Guidelines. Licensee shall not: (i) unless otherwise approved in writing by Licensor in advance of such use, alter the Licensed Marks in any manner, including proportions, colors, elements, or otherwise; or animate, morph or otherwise distort its perspective or two-dimensional appearance; or alter any proprietary indicators, such as “TM,” or ®, which appear with the Licensed Marks; (ii) use the Licensed Marks in any manner that (a) disparages GE or its Affiliates, or their products or services, (b) infringes Licensor’s, GE’s or their Affiliates’ Intellectual Property rights, or (c) violates any applicable Laws; (iii) use the Licensed Marks in any manner that implies sponsorship or endorsement of Licensee or its products and services by Licensor, GE or their Affiliates; (iv) use the Licensed Marks as a feature or design element of or alongside or in conjunction with any other logo or any other company’s name and/or Xxxx other than as permitted with respect to the Licensed Tagline in the form agreed upon in advance of any such use by Licensor in writing; (v) intentionally or negligently (a) commit or cause to be committed any illegal or unethical acts or (b) engage in any conduct that disparages, disputes, attacks, challenges, impairs, dilutes or is likely to harm the reputation or goodwill associated with Licensor, GE or any of their Affiliates, or their products or services, or the Licensed Marks or the rights of Licensor, GE and their Affiliates therein; or (vi) use the Licensed Marks in connection with any Licensed Products or Services or advertising, marketing, promotional or other materials that infringe, m...
Use of Licensed Marks. Revlon agrees that it shall (a) continue to use each Licensed Xxxx owned by BrandCo and material to the conduct of the Business in order to maintain that Licensed Xxxx in full force free from any claim of abandonment for non-use, (b) maintain substantially the same (or higher) quality of Licensed Products and Services offered under each such Licensed Xxxx as are currently maintained on the Effective Date, (c) use (and cause each of its licensees and sublicensees to use) each such Licensed Xxxx with the appropriate notice of registration and all other notices and legends required by applicable law to maintain that Licensed Xxxx consistent with past practice, (d) not adopt or use (and shall ensure that none of its licensees or sublicensees adopt or use) any xxxx which is confusingly similar to, or a colorable imitation of, any such Licensed Xxxx unless BrandCo obtains a perfected security interest (to the extent perfection is possible in accordance with law) in that xxxx and (e) not knowingly (and not knowingly permit any licensee or sublicensee thereof to) do any act or knowingly omit to do any act whereby any such Licensed Xxxx might become invalidated or impaired in any material way.
Use of Licensed Marks. MPC shall only use the Licensed Marks for Licensed Uses:
2.3.1 MPC will not use the Licensed Marks on new Product models or versions that were not sold by Gateway on or before the Effective Date, unless Gateway agrees in writing to allow the use. This restriction shall not prevent MPC from using the Licensed Marks on configure-to-order Products.
2.3.2 MPC may use the Licensed Marks only as they have been previously used by Gateway, unless Gateway agrees in writing to allow a different use.
2.3.3 MPC shall not alter the look or the placement of a Licensed Xxxx on any Licensed Product that differs from the look or placement of the Licensed Xxxx on that product when sold by Gateway, unless Gateway agrees in writing to allow a different look or placement.
2.3.4 Any and all uses by MPC of the Licensed Marks on all Licensed Products shall be in accordance with Gateway’s trademark use guidelines. Copies of Gateway’s trademark use guidelines, entitled “Style Guide” and “Product ID Style Guide”, are attached hereto as Attachments D and E, respectively. In its sole discretion, Gateway may amend, alter or replace the Licensed Marks or revise Gateway trademark use guidelines by sending MPC notice thereof. Such marks and guidelines shall become effective, and shall be adhered to by MPC, within sixty (60) days of MPC’s receipt of notice.
2.3.5 For up to six (6) months from the Effective Date, MPC may ship Licensed Product in cow-spotted boxes substantially similar to the boxes used by Gateway on the Effective Date. MPC shall not alter the appearance of these boxes, unless Gateway agrees in writing to allow a different appearance. MPC shall only ship Gateway-branded Product in these boxes.
Use of Licensed Marks. Collegium shall comply with all Applicable Laws pertaining to the proper use and designation of the Licensed Marks. Additionally, Collegium shall:
(i) ensure that the Licensed Marks are accompanied by words accurately describing the nature of the goods or services to which it relates and that the Licensed Marks are displayed as set forth in Exhibit E;
(ii) to the extent reasonably practicable after receipt of a written request from BDSI, comply with the reasonable requirements of BDSI as to the form, manner, scale and context of use of the Licensed Marks, the use of the statements to accompany them, as well as the appearance of the Licensed Marks on containers, packaging and related marketing and promotional materials to be used for Licensed Product;
(iii) display the proper form of trademark and service xxxx notice associated with each Licensed Xxxx in accordance with instructions received from BDSI;
(iv) include, on any item which bears a Licensed Xxxx, a statement identifying BDSI as the owner of such Licensed Xxxx and stating that Collegium is an authorized user of such Licensed Xxxx;
(v) not conduct, without the written consent of BDSI, the whole or any part of its business under a business name or trading style which incorporates any of the Licensed Marks;
(vi) neither use nor display any of the Licensed Marks in such relation to any other xxxx or marks owned by any Third Party, Collegium, or an Affiliate of Collegium as to suggest that the multiple marks constitute a single or composite trademark, service xxxx, or are under the same proprietorship; and
(vii) ensure the Licensed Marks are only used with Licensed Products that are made, used, and sold in compliance with Applicable Laws, Governmental Approvals therefor, and Collegium’s quality standards with respect to their pharmaceutical products generally.
Use of Licensed Marks. Licensee shall use the Licensed Marks only as expressly authorized in this Agreement and shall preserve the goodwill, prestige and reputation associated with the Licensed Marks using the level of care that is substantially equivalent to or higher than such level of care used by Licensor as of the Effective Date. Licensee shall ensure that all uses of Licensed Marks (including on marketing and advertising materials, websites, and signage) conform to all standards of style, appearance, quality and usage and other guidelines and instructions regarding the Licensed Marks provided by Licensor from time to time. Licensee shall not use any translation, adaptation, combination, transliteration, variation or derivative of, or any word, xxxx, name, design or logo confusingly similar to, any Licensed Xxxx without Licensor’s prior written approval (which approval shall be subject to Licensor’s sole discretion). Licensee shall not use any Licensed Xxxx in combination with any other trademark, service xxxx, trade name, company name, logo or slogan in any manner whatsoever without Licensor’s prior written approval (which approval shall be subject to Licensor’s sole discretion). Licensee shall comply with all applicable laws and regulations in connection with the use of the Licensed Marks. Licensee shall use appropriate notification of trademark and service xxxx rights or registrations on all visual displays of any of the Licensed Marks, including (i) use of the encircled “R” symbol (“®”), the superscript TM or the superscript SM, respectively, (ii) with respect to any registered Licensed Xxxx, the notification that such Licensed Xxxx is a registered trademark or service xxxx of Licensor, and (iii) with respect to any unregistered Licensed Xxxx, the notification that such Licensed Xxxx is a trademark or service xxxx of Licensor.
Use of Licensed Marks. Cabletron shall use the Licensed Marks only in connection with the Products, and not in connection with any other product or services of any Person. Cabletron may not modify any of the Licensed Marks or combine them with any other marks of any Person. Cabletron shall not use or distribute any such marketing materials without Interspeed's initial written approval and any such use shall be only in accordance with the samples or designs provided to Interspeed in connection with such approval. After such initial written approval, Interspeed may, at its option, require prior written approval, Interspeed may, at its option, require prior written approval of any marketing materials as to substance, form and style used by Cabletron in its advertising. Cabletron shall not file any application for registration in any jurisdiction with respect to any Licensed Mark, or any mark or name confusing similar thereto. Except to the extent authorized in writing by Interspeed. Cabletron shall not modify, enhance or otherwise change or supplement the packaging of the Products, except to add labels to indicate that such Products have been distributed by Cabletron, provided that such labels or affixation thereof on such packaging shall not obscure, alter or hide the Licensed Marks. Upon termination of this Agreement for any reason, Cabletron shall immediately cease all use of the Licensed Marks and, at Cabletron's election, destroy or deliver to Interspeed all such materials in Cabletron's control or possession that bear any Licensed Marks, including any and all sales literature.
Use of Licensed Marks. (a) If any Licensed Products and XXXX Merchandise do contain Licensed Marks, XXXX shall determine the placement of such Licensed Marks within such Licensed Products and XXXX Merchandise subject to the input and approval of Licensor, which shall not be unreasonably withheld or delayed.
(b) XXXX acknowledges and agrees that (i) the Licensed Marks are and shall remain the sole property of Licensor; (b) nothing in this Agreement shall convey to XXXX any right of ownership in the Licensed Marks; (c) XXXX shall not in any manner take any action that would impair the value of, or goodwill associated with, the Licensed Marks.
(c) XXXX shall obtain prior approval of Licensor before XXXX’x use of the Licensed Marks with any Licensed Products and XXXX Merchandise, which shall not be unreasonably withheld or delayed; provided however, Licensor hereby consents to the use of the Licensed Marks with the Existing Licensed Products and XXXX Merchandise in a form substantially similar as currently used by XXXX.
Use of Licensed Marks. Licensee shall use the proper Licensed Marks at all times on all correspondence, proposals, marketing, Licensed Products, and the like. When using the Licensed Marks under this Agreement, Licensee undertakes to comply substantially with all pertinent laws (United States and foreign) pertaining to service marks and trademarks. This provision includes compliance with marking requirements, including proper use of the ® and/or TM symbols with the Licensed Marks and written acknowledgement that Licensor is the owner of the Licensed Marks.
Use of Licensed Marks. (a) ATMCo and its Affiliates shall use the Licensed Marks in accordance with applicable trademark usage principles and industry standards, any guidelines provided by NCR to ATMCo, and in accordance with all applicable Laws (including those relating to the maintenance of the validity and enforceability of the Licensed Marks); and shall not take any action which is intended, or would reasonably be expected, to harm the reputation of NCR, any of its Affiliates or the Licensed Marks (including diluting, including by tarnishing, them) or the goodwill associated with any of the foregoing.
(b) NCR and its Affiliates shall use the Licensed Marks in accordance with applicable trademark usage principles and industry standards, and in accordance with all applicable Laws (including those relating to the maintenance of the validity and enforceability of the Licensed Marks); and shall not take action which is intended, or would reasonably be expected, to harm the reputation of ATMCo, any of its Affiliates or the Licensed Marks (including diluting, including by tarnishing, them) or the goodwill associated with any of the foregoing. Nothing contained herein shall prohibit NCR from abandoning any of its Marks.
Use of Licensed Marks. Each Licensee shall use the Licensed Marks in accordance with all applicable Laws. Each Licensee shall not use the Licensed Marks in any manner that might dilute, tarnish, disparage, or reflect adversely on Parent or the Licensed Marks.
