Common use of Trademark Ownership Clause in Contracts

Trademark Ownership. Licensee acknowledges that, except as otherwise expressly set forth in the Trademark Agreements and this Agreement, PalmSource owns or holds exclusive rights in and to the PS Compatibility Trademarks. Except as otherwise expressly set forth in the Trademark Agreements and this Agreement, Licensee will not use the PS Compatibility Trademarks as part of any of its product, service, domain or company names and will not take nor authorize any action inconsistent with PalmSource’s exclusive trademark rights during the term of this Agreement or thereafter. Nothing in this Agreement grants Licensee ownership or any rights in or to use the PS Compatibility Trademarks, except in accordance with the license set forth in Section 2.3(d) (Trademark License). Except as otherwise expressly set forth in the Trademark Agreements and this Agreement, PalmSource will have the exclusive right to own, use, hold, apply for registration for, and register the PS Compatibility Trademarks during the term of this Agreement, and to the extent permitted under the Trademark Agreements, after the expiration or termination of this Agreement, in any country worldwide. Except as otherwise expressly permitted under Section 2.4(f) with respect to PS Bluetooth II Software, Licensee shall not use any brands or trademarks to identify the PS Licensed Products (as opposed to the Licensee Products which may contain PS Licensed Products) other than those designated by PalmSource. Any brands or trademarks used by Licensee to identify the Licensee Products shall be used in a manner that is distinct from those used by PalmSource to identify the PS Licensed Products. Licensee shall not use the word “palm” in connection with any Licensee Products or PS Licensed Products except as expressly authorized by PalmSource hereunder or as expressly authorized under the Trademark Agreements in accordance with the applicable usage guidelines thereunder.

Appears in 4 contracts

Samples: Software License Agreement (Palm Inc), Software License Agreement (Palmsource Inc), Software License Agreement (Palm Inc)

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Trademark Ownership. Licensee acknowledges that, except as otherwise expressly set forth in the Trademark Agreements and this Agreement, PalmSource owns or holds exclusive rights in and to the PS Compatibility Trademarks. Except Subject to Licensee’s rights under and except as otherwise expressly set forth in the Trademark Agreements and this Agreement, Licensee will not use the PS Compatibility Trademarks (except the letter string PALM contained in the PS Compatibility Trademarks) as part of any of its product, service, domain, sub-domain or company names and will not take nor authorize any action inconsistent with PalmSource’s exclusive trademark rights during the term of this Agreement or thereafter. Nothing in this Agreement grants Licensee ownership or any rights in or to use the PS Compatibility Trademarks, except in accordance with the license set forth in Section 2.3(d) (Trademark License). Except Subject to Licensee’s rights under and except as otherwise expressly set forth in the Trademark Agreements and this Agreement, PalmSource will have the exclusive right to own, use, hold, apply for registration for, and register the PS Compatibility Trademarks (except the letter string PALM contained in the PS Compatibility Trademarks) during the term of this Agreement, Agreement and to the extent permitted under the Trademark Agreements, after the expiration or termination of this Agreement, in any country worldwide. Nothing in this Section 2.3(e) shall be construed to broaden Licensee’s rights under the Trademark Agreements. Except as otherwise expressly permitted under Section 2.4(f) with respect to PS Bluetooth II Software and under Section B.7 of Exhibit A with respect to the Java Software, Licensee shall not use any brands or trademarks to identify the PS Licensed Products (as opposed to the Licensee Products which may contain PS Licensed Products) other than those designated by PalmSource. Any brands or trademarks used by Licensee to identify the Licensee Products shall be used in a manner that is distinct from those used by PalmSource to identify the PS Licensed Products. Licensee shall not use the word “palm” in connection with any Licensee Products or PS Licensed Products except as expressly authorized by PalmSource hereunder or as expressly authorized under the Trademark Agreements in accordance with the applicable usage guidelines thereunder.

Appears in 2 contracts

Samples: Software License Agreement (Palm Inc), Software License Agreement (Palmsource Inc)

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