Common use of Use of the Trade Marks Clause in Contracts

Use of the Trade Marks. 3.1 Any use by the Licensee of the Trade Marks shall be in the form stipulated by the Licensor and the Licensee shall observe the directions given by the Licensor as to colours used and size of the Trade Marks and their manner, disposition and presentation in respect of the Services and any accompanying materials. 3.2 Whenever the Trade Marks are used by the Licensee, it shall, if requested to do so by the Licensor, attach to the Trade Marks wording to show that they are registered trade marks used by the Licensee with the permission of the Licensor. 3.3 The use of the Trade Marks by the Licensee shall at all times be in keeping with and seek to maintain their distinctiveness and reputation as determined by the Licensor, and the Licensee shall forthwith cease any use which is not consistent therewith as the Licensor may require. In particular, the Licensee shall not use the Trade Marks in any way that would tend to allow them to become generic, lose their distinctiveness, become liable to mislead the public, or be materially detrimental to or inconsistent with the good name, goodwill and image of the Licensor or the Organization. 3.4 The Licensee acknowledges and agrees that the exercise of the licence granted under this Agreement is subject to all applicable laws, enactments, regulations and other similar instruments in the Territory. The Licensee further understands and agrees that it shall at all times be solely liable and responsible for compliance with all applicable laws, enactments, regulations and other similar instruments in the Territory with respect to advertising and promotion which make use of the Trade Marks or any of them. For the avoidance of doubt, nothing in this clause imposes any liability or responsibility on the Licensee for infringement of third party intellectual property rights in the Territory resulting from the use of the Trade Marks in accordance with the terms of this Agreement unless, pursuant to Clause 8.6, the Licensee had prior knowledge of the existence of such rights. 3.5 The Licensee shall, upon the Licensor’s request from time to time, provide such assistance and information as the Licensor shall require in order to enable it to audit the use made of the Trade Marks to enable it to enforce its rights to maintain quality control hereunder and, in relation to the trade mxxx INMARSAT, to enable it to enforce those obligations contained in the Side Letter as agent for the Organization. 3.6 The Licensor shall make available to the Licensee all information and supply all materials, including the System Definition Manuals (SDMs), which are reasonably necessary to enable the Licensee to meet the Licensor’s standards and specifications. 3.7 Nothing in this Agreement shall entitle the Licensee to use the Trade Marks as part of any corporate business or trading name or style of the Licensee or to adopt the Trade Marks as domain names. 3.8 No goodwill shall be deemed to pass to the Licensee from its use of the Trade Marks. 3.9 It shall be a condition of this Agreement that the Licensee shall at all times observe the relevant provisions of the LESO Agreement, in particular but without limitation, Clause 2.6 thereof relating to the Licensee’s provision of Services, and Clause 8.1 thereof relating to the Licensee using reasonable endeavours to comply with the minimum LES Technical Performance Objectives annexed to that Agreement.

Appears in 1 contract

Samples: Land Earth Station Operator Agreement (Stratos Funding, LP)

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Use of the Trade Marks. 3.1 Any 5.1. The Licensee shall use by the Licensee of the Trade Marks shall be in accordance with the form stipulated by terms of the TM System Regulations (unless the Licensor specifically provides to the contrary in writing). The Licensee shall at all times preserve the reputation and the Licensee shall observe the directions given by the Licensor as to colours used and size integrity of the Trade Marks and their manner, disposition and presentation in respect shall not change any aspect of the Services and any accompanying materialsTrade Marks. 3.2 Whenever the Trade Marks are used by the Licensee, it shall, if requested to do so by the Licensor, attach to the Trade Marks wording to show that they are registered trade marks used by the 5.2. The Licensee with the permission of the Licensor. 3.3 The shall only make use of the Trade Marks by for the Licensee shall at all times be purposes authorised in keeping with and seek to maintain their distinctiveness and reputation as determined by the Licensorthis Agreement and, and the Licensee shall forthwith cease any use which is not consistent therewith as the Licensor may require. In in particular, the Licensee shall not use the Trade Marks in any way that which would tend to allow them to become generic, lose their distinctiveness, become liable to mislead the public, or be materially detrimental to or inconsistent with the good name, goodwill goodwill, reputation and image of the Licensor TM System or the OrganizationLicensor. 3.4 The Licensee acknowledges and agrees that the exercise of the licence granted under this Agreement is subject to all applicable laws, enactments, regulations and other similar instruments in the Territory5.3. The Licensee further understands may use and agrees that it shall at all times be solely liable may permit Scheme Operators and responsible TM Registered Firms to use the Trade Marks accompanied by other trade marks (whether registered or not) provided the Trade Marks are sufficiently distinguished from the surrounding and adjacent text, as provided for compliance with all applicable laws, enactments, regulations and other similar instruments in the Territory with respect Brand Identity Guidelines. 5.4. The Licensee shall not, by virtue of this Agreement, obtain or claim any right, title or interest in or to advertising and promotion the Trade Marks except the rights of use as are specifically set out in this Agreement. The Licensee shall not make any claim or representation or do any act which make might indicate that the Licensee has any right, title or interest to ownership or use of the Trade Marks other than as is permitted in this Agreement. 5.5. The Licensee shall not adopt or use, and shall prevent Scheme Operators and TM Registered Firms from adopting or using, any trade mark, symbol or device which incorporates or is confusingly similar to, or is a simulation or colourable imitation of, the Trade Marks, or unfairly competes with the Trade Marks. The Licensee shall not at any time, whether during or after termination of this Agreement, apply anywhere in the world to register any trade mark identical to or so nearly resembling the Trade Marks as to be likely to deceive or cause confusion. 5.6. Except as expressly provided for herein, the Licensee shall not (without the prior written consent of the Licensor) make use of the Licensor‟s name or any other trade mark, design, copyright or other intellectual property of themthe Licensor. 5.7. For The Licensor reserves the avoidance right to substitute, add to and/or withdraw the Trade Marks if the Trade Marks can no longer be used or if the Licensor, in its sole discretion, determines substitution of doubtdifferent marks will be beneficial to the TM System. In such circumstances, nothing in the use of substituted marks shall be governed by the terms of this clause imposes any liability or responsibility on Agreement, and the Licensee will not be eligible for infringement any compensation for such substitution. 5.8. The Licensee expressly understands and agrees that: (a) the Licensor is the owner of third party intellectual property rights all right, title and interest in and to the Territory resulting from Trade Marks and the goodwill associated with and symbolised by them; (b) during the term of this Agreement and after its expiration or termination, the Licensee will not directly or indirectly contest the validity of, nor take any other action which tends to jeopardise the Licensor‟s ownership of, or its right to use and to license others to use, the Trade Marks; and (c) the Licensee‟s use of the Trade Marks in accordance with the terms of pursuant to this Agreement unless, pursuant to Clause 8.6, the Licensee had prior knowledge of the existence of such rights. 3.5 The Licensee shall, upon the Licensor’s request from time to time, provide such assistance and information as the Licensor shall require does not give it any ownership interest or other interest in order to enable it to audit the use made of the Trade Marks to enable it to enforce its rights to maintain quality control hereunder and, in relation to the trade mxxx INMARSAT, to enable it to enforce those obligations contained in the Side Letter as agent for the Organization. 3.6 The Licensor shall make available to the Licensee all information and supply all materials, including the System Definition Manuals (SDMs), which are reasonably necessary to enable the Licensee to meet the Licensor’s standards and specifications. 3.7 Nothing in this Agreement shall entitle the Licensee to use the Trade Marks as part of any corporate business or trading name or style of the Licensee or to adopt the Trade Marks as domain names. 3.8 No goodwill shall be deemed to pass to the Licensee from its use of the Trade Marks. 3.9 It shall be a condition of this Agreement that the Licensee shall at all times observe the relevant provisions of the LESO Agreement, in particular but without limitation, Clause 2.6 thereof relating to the Licensee’s provision of Services, and Clause 8.1 thereof relating to the Licensee using reasonable endeavours to comply with the minimum LES Technical Performance Objectives annexed to that Agreement.

Appears in 1 contract

Samples: Master Licence Agreement

Use of the Trade Marks. 3.1 Any use by the Licensee of the Trade Marks shall be in the form stipulated by the Licensor and the Licensee shall observe the directions given by the Licensor as to colours used and size of the Trade Marks and their manner, disposition and presentation in respect of the Services and any accompanying materials. 3.2 Whenever the Trade Marks are used by the Licensee, it shall, if requested to do so by the Licensor, attach to the Trade Marks wording to show that they are registered trade marks used by the Licensee with the permission of the Licensor. 3.3 The use of the Trade Marks by the Licensee shall at all times be in keeping with and seek to maintain their distinctiveness and reputation as determined by the Licensor, and the Licensee shall forthwith cease any use which is not consistent therewith as the Licensor may require. In particular, the Licensee shall not use the Trade Marks in any way that would tend to allow them to become generic, lose their distinctiveness, become liable to mislead the public, or be materially detrimental to or inconsistent with the good name, goodwill and image of the Licensor or the Organization. 3.4 The Licensee acknowledges and agrees that the exercise of the licence granted under this Agreement is subject to all applicable laws, enactments, regulations and other similar instruments in the Territory. The Licensee further understands and agrees that it shall at all times be solely liable and responsible for compliance with all applicable laws, enactments, regulations and other similar instruments in the Territory with respect to advertising and promotion which make use of the Trade Marks or any of them. For the avoidance of doubt, nothing in this clause imposes any liability or responsibility on the Licensee for infringement of third party intellectual property rights in the Territory resulting from the use of the Trade Marks in accordance with the terms of this Agreement unless, pursuant to Clause 8.6, the Licensee had prior knowledge of the existence of such rights. 3.5 The Licensee shall, upon the Licensor’s request from time to time, provide such assistance and information as the Licensor shall require in order to enable it to audit the use made of the Trade Marks to enable it to enforce its rights to maintain quality control hereunder and, in relation to the trade mxxx mark INMARSAT, to enable it to enforce those obligations contained in the Side Letter as agent for the Organization. 3.6 The Licensor shall make available to the Licensee all information and supply all materials, including the System Definition Manuals (SDMs), which are reasonably necessary to enable the Licensee to meet the Licensor’s standards and specifications. 3.7 Nothing in this Agreement shall entitle the Licensee to use the Trade Marks as part of any corporate business or trading name or style of the Licensee or to adopt the Trade Marks as domain names. 3.8 No goodwill shall be deemed to pass to the Licensee from its use of the Trade Marks. 3.9 It shall be a condition of this Agreement that the Licensee shall at all times observe the relevant provisions of the LESO Agreement, in particular but without limitation, Clause 2.6 thereof relating to the Licensee’s provision of Services, and Clause 8.1 thereof relating to the Licensee using reasonable endeavours to comply with the minimum LES Technical Performance Objectives annexed to that Agreement.

Appears in 1 contract

Samples: Land Earth Station Operator Agreement (Inmarsat Launch CO LTD)

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Use of the Trade Marks. 3.1 Any use by the Licensee of the Trade Marks shall be in the form stipulated by the Licensor and the Licensee shall observe the directions given by the Licensor as to colours used and size of the Trade Marks and their manner, disposition and presentation in respect of the Services and any accompanying materials. 3.2 Whenever the Trade Marks are used by the Licensee, it shall, if requested to do so by the Licensor, attach to the Trade Marks wording to show that they are registered trade marks used by the Licensee with the permission of the Licensor. 3.3 The use of the Trade Marks by the Licensee shall at all times be in keeping with and seek to maintain their distinctiveness and reputation as determined by the Licensor, and the Licensee shall forthwith cease any use which is not consistent therewith as the Licensor may require. In particular, the Licensee shall not use the Trade Marks in any way that would tend to allow them to become generic, lose their distinctiveness, become liable to mislead the public, or be materially detrimental to or inconsistent with the good name, goodwill and image of the Licensor or the Organization. 3.4 The Licensee acknowledges and agrees that the exercise of the licence granted under this Agreement is subject to all applicable laws, enactments, regulations and other similar instruments in the Territory. The Licensee further understands and agrees that it shall at all times be solely liable and responsible for compliance with all applicable laws, enactments, regulations and other similar instruments in the Territory with respect to advertising and promotion which make use of the Trade Marks or any of them. For the avoidance of doubt, nothing in this clause imposes any liability or responsibility on the Licensee for infringement of third party intellectual property rights in the Territory resulting from the use of the Trade Marks in accordance with the terms of this Agreement unless, pursuant to Clause 8.6, the Licensee had prior knowledge of the existence of such rights. 3.5 The Licensee shall, upon the Licensor’s request from time to time, provide such assistance and information as the Licensor shall require in order to enable it to audit the use made of the Trade Marks to enable it to enforce its rights to maintain quality control hereunder and, in relation to the trade mxxx xxxx INMARSAT, to enable it to enforce those obligations contained in the Side Letter as agent for the Organization. 3.6 The Licensor shall make available to the Licensee all information and supply all materials, including the System Definition Manuals (SDMs), which are reasonably necessary to enable the Licensee to meet the Licensor’s standards and specifications. 3.7 Nothing in this Agreement shall entitle the Licensee to use the Trade Marks as part of any corporate business or trading name or style of the Licensee or to adopt the Trade Marks as domain names. 3.8 No goodwill shall be deemed to pass to the Licensee from its use of the Trade Marks. 3.9 It shall be a condition of this Agreement that the Licensee shall at all times observe the relevant provisions of the LESO Agreement, in particular but without limitation, Clause 2.6 thereof relating to the Licensee’s provision of Services, and Clause 8.1 thereof relating to the Licensee using reasonable endeavours to comply with the minimum LES Technical Performance Objectives annexed to that Agreement.

Appears in 1 contract

Samples: Land Earth Station Operator Agreement (Inmarsat Launch CO LTD)

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