Use of Trademarks by Third Parties Clause Samples
The 'Use of Trademarks by Third Parties' clause defines the conditions under which parties other than the trademark owner may use the owner's trademarks. Typically, this clause outlines whether and how third parties, such as licensees, partners, or affiliates, are permitted to display, reproduce, or reference the trademarks in marketing materials, products, or services, often requiring prior written consent or adherence to specific brand guidelines. Its core function is to protect the integrity and value of the trademark by preventing unauthorized or inappropriate use, thereby reducing the risk of brand dilution or consumer confusion.
Use of Trademarks by Third Parties. There are circumstances where, for example, in referring to a Trademark in editorial or articles, the use of a Trademark is either desirable or unavoidable. Such use of Trademarks is permitted, without the requirement for the user to be licensed, provided that the rules in this Guide are followed. There are instances where a third party may wish to promote the sale of its products in relation to a Trademark or to promote a Certified Product, or the SIF Agent with which it was certified, that the third party distributes. Such uses are permitted under the same principles as are required of licensed users, provided the third party maintains the distinctiveness of the Trademark and that there is no likelihood of confusion between a Certified Product or the SIF Agent with which it was certified and non-Certified Products or compromise of any Trademark.
Use of Trademarks by Third Parties. There are circumstances where, for example, in referring to a Trademark in editorial or articles, the use of a Trademark is either desirable or unavoidable. Such use of Trademarks is permitted, without the requirement for the user to be licensed, provided that the rules in this Guide are followed. For the avoidance of doubt, the Trademark may not be used by Persons, employed or contracted, acting on behalf of the Licensee.
Use of Trademarks by Third Parties. There are circumstances where, for example, in referring to a Trademark in editorial or articles, the use of a Trademark is either desirable or unavoidable. Such use of Trademarks is permitted, without the requirement for the user to be licensed, provided that the rules in this Guide are followed. There are instances where a third party may wish to promote the sale of its products in relation to a Trademark or to promote an Accredited Certification Program that they distribute. Such uses are permitted under the same principles as are required of licensed users, provided the third party maintains the distinctiveness of the Trademark and that there is no likelihood of confusion between Accredited Certification Programs and non-Accredited Certification Programs or compromise of any Trademark.
Use of Trademarks by Third Parties. There are circumstances where, for example, in referring to a Trademark in editorial or articles, the use of a Trademark is either desirable or unavoidable. Such use of Trademarks is permitted, without the requirement for the user to be licensed, provided that the rules in this Guide are followed. When the Licensee or Affiliate Licensee engages a Broker to promote or market the Accredited Training Course, the Licensee or Affiliate Licensee must ensure that the Broker correctly discloses its broker relationship to the Accredited Training Course by requiring the Broker to include the following attribution directly following the Accredited Training Course name in all its textual materials: In the case of the Licensee engaging a Broker: • “<Accredited Training Course name> delivered by <ATC Provider> is a course accredited by The Open Group. <Broker> promotes this course for <ATC Provider>.” In the case of the Affiliate Licensee engaging a Broker: • “This < Accredited Training Course name> course is being run by <Affiliate> in association with • <ATC Provider> and is accredited by The Open Group. <Broker> promotes this course for <Affiliate>.” Accordingly, the Licensee or Affiliate Licensee must ensure that the Broker acknowledge and attribute the applicable trademarks of The Open Group.
Use of Trademarks by Third Parties. There are circumstances where, for example, in referring to a Trademark in editorial or articles, the use of a Trademark is either desirable or unavoidable. Such use of Trademarks is permitted, without the requirement for the user to be licensed, provided that the rules in this Guide are followed. When the Licensee engages a Broker to promote or market the Accredited Training Course, the Licensee must ensure that the Broker correctly discloses its broker relationship to the Accredited Training Course by requiring the Broker to include the following attribution directly following the Accredited Training Course name in all its textual materials: • “<Accredited Training Course name> delivered by <ATC Provider> is a course accredited by The Open Group. <Broker> promotes this course for <ATC Provider>.” Accordingly, the Licensee must ensure that the Broker acknowledge and attribute the applicable trademarks of The Open Group.
