Use of the Xxxx. In using the ACTIMMUNE xxxx, Connetics shall display said xxxx in upper case letters or otherwise display it in a style or size of print distinguishing the xxxx from any accompanying wording or text. Where feasible, Connetics shall display the registration symbol ® to the right of and slightly above or below the last letter of the word, ACTIMMUNE. Prior to any new use by Connetics of the ACTIMMUNE xxxx on product packaging or package inserts for the Licensed Products, Connetics shall notify and provide Genentech with an example of the proposed use for approval by Genentech, which approval shall not be unreasonably withheld or delayed. Such additional use, with respect to the ACTIMMUNE xxxx, shall automatically become a part of the license grant under Section 2.2(a) above.
Use of the Xxxx. In using the Actimmune xxxx, InterMune shall display said xxxx with either the first letter in uppercase (i.e., Actimmune) or all letters in uppercase (i.e., ACTIMMUNE).”
Use of the Xxxx. In using the ACTIMMUNE xxxx, Connetics shall display said xxxx in upper case letters or otherwise display it in a style or size of print distinguishing the xxxx from any accompanying wording or text. Where feasible, Connetics shall display the registration symbol -Registered Trademark- to the right of and slightly above or below the last letter of the word, ACTIMMUNE. Prior to any new use by Connetics of the ACTIMMUNE xxxx on product packaging or package inserts for the Licensed Products, Connetics shall notify and [ * ] = 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 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. provide Genentech with an example of the proposed use for approval by Genentech, which approval shall not be unreasonably withheld or delayed. Such additional use, with respect to the ACTIMMUNE xxxx, shall automatically become a part of the license grant under Section 2.2(a) above.
Use of the Xxxx. Section 3.1. Licensee agrees to maintain and preserve the quality of the Name, and to use the Composite Name in good faith and in a dignified manner, in a manner consistent with Licensor’s high standards of and reputation for quality, and in accordance with good trademark practice wherever the Composite Name is used. Licensee shall not take any action that could be detrimental to the Name, the Composite Name or their associated goodwill. Licensee agrees to include on all displays of the Name and the Composite Name to third parties appropriate notices and legends as may be requested by the Licensor or required under applicable laws in order to preserve and protect the validity of, and all of Licensor’s right, title and interest in, the Name.
Section 3.2. Upon request by Licensor, Licensee shall furnish to Licensor representative samples and documentation of all advertising, marketing and promotional materials and other items that are used in connection with the Composite Name. Licensee shall be required to make any changes to such materials that Licensor requests in order to comply with Section 3.1, or to preserve the validity of, or Licensor’s rights in, the Name.
Section 3.3. Licensee shall, at its sole expense, comply at all times with all applicable laws, regulations, exchange and other rules and reputable industry practice pertaining to the Licensee Business and the use of the Composite Name.
Use of the Xxxx. Section 3.1. Licensee shall maintain and preserve the quality of the Xxxx, and use the Fund Names in good faith and in a dignified manner, in a manner consistent with Licensor’s high standards of and reputation for quality, and in accordance with good trademark practice wherever the Xxxx or any Fund Name is used. Licensee shall not take any action that could reasonably be expected to be detrimental to the Xxxx, each Fund Name or their associated goodwill. If Licensor decides in its sole discretion to register the Xxxx or a Fund Name, Licensee agrees to affix all such trademark notices as may be requested by Licensor or required under applicable laws.
Section 3.2. Upon request by Licensor, Licensee shall furnish to Licensor representative samples of all advertising and promotional materials in any media that use any Fund Name. Licensee shall make any changes to such materials that Licensor requests to comply with Section 3.1, or preserve the validity of Licensor’s rights in the Xxxx.
Section 3.3. Licensee shall, at its sole expense, comply at all times with all applicable laws, regulations, exchange and other rules and reputable industry practice pertaining to the Licensee Business, the use of the Xxxx and the Fund Names.
Use of the Xxxx. XXX SERVICES
5.1. Our Responsibilities. We shall: (i) make the Xxxx.xxx Data available to You in accordance with the applicable Order Form, and (ii) use commercially reasonable efforts to make the ongoing Xxxx.xxx Services available 24 hours a day, 7 days a week, except for: (a) planned downtime (of which We shall give at least 8 hours notice via the Xxxx.xxx Services and which We shall schedule to the extent practicable during the weekend hours from 5:00 p.m. Pacific time Friday to 3:00 a.m. Pacific time Monday), or (b) any unavailability caused by circumstances beyond Our reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Our employees), or Internet service provider failures or delays, or denial of service attacks.
Use of the Xxxx. Section 3.1. Licensee agrees to maintain and preserve the quality of the Xxxx, and to use the Permitted Names in good faith and in a dignified manner, in a manner consistent with Licensor’s high standards of and reputation for quality, and in accordance with good trademark practice wherever the Permitted Names are used. Licensee shall not take any action that could be detrimental to the Xxxx, the Permitted Names or their associated goodwill. If Licensor decides in its sole discretion to register the Xxxx or the Permitted Names, Licensee agrees to affix all such trademark notices as may be requested by Licensor or required under applicable laws.
Section 3.2. Upon request by Licensor, Licensee shall furnish to Licensor representative samples of all advertising and promotional materials in any media that are used in connection with the Permitted Names. Licensee shall make any changes to such materials that Licensor requests to comply with Section 3.1, or preserve the validity of, or Licensor’s rights in, the Xxxx.
Section 3.3. Licensee shall, at its sole expense, comply at all times with all applicable laws, regulations, exchange and other rules and reputable industry practice pertaining to the Licensee Business and the use of the Permitted Names.
Use of the Xxxx. Section 3.1. Licensee agrees to maintain and preserve the quality of the Xxxx, and to use the Corporate Name in good faith and in a dignified manner, in a manner consistent with Licensor’s high standards of and reputation for quality, and in accordance with good trademark practice wherever the Corporate Name is used. Licensee shall not take any action that could be detrimental to the Xxxx, the Corporate Name or their associated goodwill. If Licensor decides in its sole discretion to register the Xxxx or Corporate Name, Licensee agrees to affix all such trademark notices as may be requested by the Licensor or required under applicable laws.
Section 3.2. Upon request by Licensor, Licensee shall furnish to Licensor representative samples of all advertising and promotional materials in any media that are used in connection with the Corporate Name. Licensee shall make any changes to such materials that Licensor requests to comply with Section 3.1, or preserve the validity of, or Licensor’s rights in the Xxxx.
Section 3.3. Licensee shall, at its sole expense, comply at all times with all applicable laws, regulations, exchange and other rules and reputable industry practice pertaining to the Licensee Business and the use of the Corporate Name.
Use of the Xxxx. 4.1 The Licensor and Licensee agree that this Agreement does not constitute a partnership or joint venture. Licensee agrees not to use the Xxxx or the name of Licensor other than as provided by this Agreement.
4.2 Licensee agrees that it will not alter, modify, dilute, or otherwise misuse the Xxxx, or use the Xxxx on or in connection with any products or services or in any manner, or make any statements or claims, or distribute, sell, or offer for sale Licensed Goods and/or Services to any customer or in any channel of trade, that would or would be likely to damage or demean the name or reputation of the Xxxx or Licensor.
4.3 Licensee agrees not to use any other trademark, service xxxx, logo, symbol, or device in combination with the Xxxx without the prior written consent of Licensor.
4.4 At the direction of Licensor, and upon three (3) months’ notice, Licensee shall cause to appear in association with Licensee’s use of the Xxxx such trademark or other notices as Licensor may from time to time reasonably designate in writing to Licensee.
Use of the Xxxx. X. Licensee acknowledges that the Xxxx (including all rights therein and goodwill associated therewith) shall, as between Licensee and Licensor, be and remain the exclusive and complete property of the Licensor. Licensee shall not, during the term of this Agreement or thereafter, question or challenge the property right of Licensor therein, or the validity of this Agreement.
B. Licensee acknowledges and agrees that:
(i) The Xxxx as owned by Licensor shall be and remain the sole and complete property of Licensor;
(ii) Licensee shall not at any time acquire or claim any right, title or interest of any nature whatsoever in the Xxxx by virtue of this Agreement or of Licensee's uses thereof in connection with the Boats;
(iii) Any right, title or interest in or relating to the Xxxx which comes into existence during the term of this Agreement as a result of the exercise by Licensee of any right granted to it hereunder shall immediately and automatically vest in Licensor;
(iv) Licensee acknowledges the validity of the Xxxx and agrees never to contest or assist others to contest the validity thereof.
