Additional Trademarks. In the event that applicable legal requirements should necessitate the use of a trademark other than the original trademark pursuant to Section 4.8.1 for the Product, the Parties shall cooperate in proposing and designating an additional suitable trademark or, in the alternative, select a suitable additional Trademark for use with the Product through utilization of an international branding institute, whereby PMI shall bear costs related to branding/rebranding of the Product. Each such additional Trademark shall be owned by PMI.
Additional Trademarks. At the request of the Company, the Initial Class B Member and the Initial Class C Member will license certain of their respective trademarks to the Company on terms substantially similar to the terms included in the Trademark License Agreement, with such changes thereto as are required to comply with restrictions on use applicable to all licensees of the relevant trademarks.
Additional Trademarks. Absent the written consent of O2Diesel, Distributor shall not use any trademark other than the O2Diesel Trademarks to identify O2Diesel Product. If Distributor believes that a trademark other than the O2Diesel Trademarks should be used to identify O2Diesel Product in the Territory, Distributor may propose alternatives, and the Parties may so agree in writing. Any such agreement may also address any questions concerning the Parties’ respective rights to use the mxxx, both during the Term and after expiration or termination of this Agreement, and which Party shall handle and pay for registration of the mxxx, but absent a written agreement to the contrary, any such other mxxx shall be owned by O2Diesel and treated as an O2Diesel Trademark for all purposes of this Agreement.
Additional Trademarks. SURMODICS shall have the sole right to add additional trademarks owned by it to the definition of Trademark under this Agreement, or subtract from such definition trademarks already added. It shall provide CABG notice of any such changes.
Additional Trademarks. SUPPLIER shall have the right to select additional Trademarks and register them at its expense, and such Trademarks shall be owned by SUPPLIER and added to ANNEX A, initially as secondary Trademarks. If (i) a Governmental Authority does not approve the then-current primary Trademark indicated on ANNEX A, (ii) a third party asserts that such Trademark infringes its trademarks, (iii) such Trademark is successfully opposed by a third party, (iv) a petition to cancel such Trademark is filed by a third party, (v) there is an infringement of such Trademark by any third party against which SUPPLIER does not enforce its rights pursuant to Section 11.3, or (vi) there is a bona fide issue with such Trademark which is supported by an opinion of DISTRIBUTOR’s outside trademark attorneys, then SUPPLIER shall designate one of the secondary Trademarks (as indicated on ANNEX A) as a replacement primary Trademark. If there are no remaining secondary Trademarks, DISTRIBUTOR shall have the right to select another trademark of its choosing after having received the written consent of SUPPLIER. Any such trademark selected by DISTRIBUTOR shall be registered in the name of SUPPLIER, at SUPPLIER’s expense, shall be added as a Trademark to ANNEX A and shall be owned by SUPPLIER.
Additional Trademarks. Company may, from time to time, in Company’s sole discretion, obtain additional trademark and/or service xxxx rights in words and/or designs. In the event of any of these occurrences, Company may license Operator to use those trademarks or service marks by giving written notification to Operator that such marks now form part of Company’s Marks. The term of such license will be coextensive with the terms hereof and will be subject to all the restrictions with respect to the use of those rights as set forth herein and in the notice granting Operator the license.
Additional Trademarks. At the time of delivery of the financial statements and reports provided for in Section 7.1(a), a report signed by the chief financial officer or treasurer of the Borrower setting forth (i) a list of registration numbers for all material trademarks, service marks and tradenames awarded to any Consolidated Party since the last day of the immediately preceding fiscal year and (ii) a list of all material trademark applications, service xxxx applications and trade name applications submitted by any Consolidated Party since the last day of the immediately preceding fiscal year and the status of each such application, all in such form as shall be reasonably satisfactory to the Agent.
Additional Trademarks. In addition to the MGI or Dainippon Trademarks used to market the Products in the Territory, the Parties acknowledge and agree that the permitted sublicensees of Dainippon may market the Products in the Territory under additional Trademarks which may be selected by Dainippon and such permitted sublicensees. Dainippon or such permitted sublicensees shall bear all costs and expenses of registering and protecting such additional Trademarks in the Territory. MGI shall not adopt, use or register any words, phrases or symbols which are identical to or confusingly similar to any such additional Trademark and shall not use any such additional Trademark as part of its corporate or trade name or permit any third party (including an Affiliate) to do so. Any permitted sublicense shall provide for the grant to MGI, effective upon termination of this Agreement, an exclusive right and license, with the right of sublicense, to reproduce and use any such additional Trademark in connection with the marketing, promotion, advertising and sale or other distribution of the Products within the Territory and for no other purpose. The Parties shall negotiate in good faith a nominal payment for the use of such additional Trademarks.
Additional Trademarks. Notwithstanding anything contained herein, Energenics shall be free to re-brand the O2Diesel Product in the Territory as it may deem fit with O2Diesel’s prior written consent, which consent not to be unreasonably withheld. If Energenics believes that a trademark other than the O2Diesel Trademarks should be used to identify O2Diesel Product in the Territory, it shall give a notice in writing to O2Diesel. In the absence of a written agreement to the contrary, any such re-branded xxxx shall be owned by Energenics and treated as an Energenics Trademark for the purposes of this Agreements.
Additional Trademarks. If, before the Obligations shall have been satisfied in full, the Borrower shall obtain rights to any new Trademarks, whether or not the same are registered with any governmental entity or become entitled to the benefit of any Trademark application or any reissue, renewal or extension of any Trademark, the Borrower shall give to the Lender prompt notice thereof in writing and the provisions of this Agreement shall apply thereto.
