Granting license. 2.1 In accordance with the terms herein, the Licensor agrees to grant the Licensee the Trademark License Rights. The nature of the Trademark License Rights over the Licensed Trademarks hereunder is a non-exclusive and non-excludable license. 2.2 The license scope agreed by the Parties is as below: 2.2.1 The Trademark License Rights granted to the Licensee in this Agreement shall only be valid for the internet service businesses which are in normal operation status as of the execution date of this Agreement, and the purposes of use shall not exceed the registered purposes of use listed in Appendix I (and shall comply with the commodity or service scope listed in the trademark registration certificates). The parties confirm that, if it is necessary for the Licensee to expand the existing internet service businesses scope due to its business development, the Licensee shall promptly report such newly developed businesses to the Licensor and with the Licensor’s consent, the scope of the trademark licenses will be extended correspondingly to include such newly developed business fields. The Licensor agrees that the Licensee is entitled to authorize Affiliated Companies to register and operate accounts on third-party platforms under the name of the “ ifeng + (channel, industry, or column name)” logo for the purpose of establishing content operation accounts on such platforms. The usage period shall not exceed the validity term of this Agreement, and the authorized Affiliated Companies of the Licensee shall not have the right to grant sublicenses. The Licensor agrees that the Licensee may further authorize its station or channel operation partners (hereinafter referred to as “Local Stations”) to use the “ ifeng xx” (station or channel) logo (samples are provided in Article 2 of Appendix I). However, the Local Stations shall not have the right to grant sublicenses. The Licensor agrees that the Licensee may authorize Beijing Fenghuang Tianbo Network Technology Co., Ltd. (hereinafter referred to as “Beijing Fenghuang Tianbo”) to use the “ ifeng house” logo (samples are provided in Article 2 of Appendix I). Simultaneously, the Licensor agrees that Beijing Fenghuang Tianbo may further authorize its station or channel operation partners (hereinafter referred to as “Real Estate Local Stations”) to use the aforementioned logo. However, the Real Estate Local Stations shall not have the right to grant sublicenses. Without prejudice to the above, unless agreed by the Licensor in writing, the Licensee agrees that it will not directly or indirectly in any other form use or authorize or reauthorize other persons (including Affiliate Companies, joint ventures or cooperative entities, cooperative projects, etc.) to use the Licensed Trademarks. If the Licensee indeed needs to sublicense the Licensed Trademarks with justified reason, it shall report to the Licensor in advance for approval. 2.2.2 The Trademark License Rights granted to the Licensee in this Agreement shall only be valid within the territory of the countries and regions where the relevant trademarks are registered. The Licensee agrees that it will not directly or indirectly use or authorize other persons to use the Licensed Trademarks in other territories. However, the display of the Licensed Trademarks outside the territories permitted due to the cross-border dissemination of the internet, does not constitute the use and indirect use agreed under this Article. 2.3 If there are any trademarks in the process of application and not yet officially registered in Appendix I of this Agreement, such applied-for trademarks have been submitted to the trademark bureau for registration by the Affiliated Companies or agent of the Licensor on their respective application dates, and such applications are still in the approval process at the execution date of this Agreement. Under such circumstance, the Parties agree that the trademark bureau’s approval of the registration is the precondition of licensing such trademarks. The License Rights thereof will be effective on the respective registration dates of such trademarks. The license scope of such trademarks will be subject to the commodity or service scope listed in their trademark registration certificates.
Appears in 1 contract
Sources: Trademark License Agreement (Phoenix New Media LTD)
Granting license. 2.1 In accordance with the terms herein, the Licensor agrees to grant the Licensee the Trademark License Rights. The nature of the Trademark License Rights over the Licensed Trademarks hereunder is a non-exclusive and non-excludable license.
2.2 The license scope agreed by the Parties is as below:
2.2.1 The Trademark License Rights granted to the Licensee in this Agreement shall only be valid for the internet service businesses which are in normal operation status as of the execution date of this Agreement, and the purposes of use shall not exceed the registered purposes of use listed in Appendix I (and shall comply with the commodity or service scope listed in the trademark registration certificates). The parties confirm that, if it is necessary for the Licensee to expand the existing internet service businesses scope due to its business development, the Licensee shall promptly report such newly developed businesses to the Licensor and with the Licensor’s consent, the scope of the trademark licenses will be extended correspondingly to include such newly developed business fields. The Licensor agrees that the Licensee is entitled to authorize Affiliated Companies to register and operate accounts on third-party platforms under the name of the “ ifeng + (channel, industry, or column name)” logo for the purpose of establishing content operation accounts on such platforms. The usage period shall not exceed the validity term of this Agreement, and the authorized Affiliated Companies of the Licensee shall not have the right to grant sublicenses. The Licensor agrees that the Licensee may further authorize its station or channel operation partners (hereinafter referred to as “Local Stations”) to use the “ “ifeng xx” (station or channel) logo (samples are provided in Article 2 of Appendix I). However, the Local Stations shall not have the right to grant sublicenses. The Licensor agrees that the Licensee may authorize Beijing Fenghuang Tianbo Network Technology Co., Ltd. (hereinafter referred to as “Beijing Fenghuang Tianbo”) to use the “ “ifeng house” logo (samples are provided in Article 2 of Appendix I). Simultaneously, the Licensor agrees that Beijing Fenghuang Tianbo may further authorize its station or channel operation partners (hereinafter referred to as “Real Estate Local Stations”) to use the aforementioned logo. However, the Real Estate Local Stations shall not have the right to grant sublicenses. Without prejudice to the above, unless agreed by the Licensor in writing, the Licensee agrees that it will not directly or indirectly in any other form use or authorize or reauthorize other persons (including Affiliate Companies, joint ventures or cooperative entities, cooperative projects, etc.) to use the Licensed Trademarks. If the Licensee indeed needs to sublicense the Licensed Trademarks with justified reason, it shall report to the Licensor in advance for approval.
2.2.2 The Trademark License Rights granted to the Licensee in this Agreement shall only be valid within the territory of the countries and regions where the relevant trademarks are registered. The Licensee agrees that it will not directly or indirectly use or authorize other persons to use the Licensed Trademarks in other territories. However, the display of the Licensed Trademarks outside the territories permitted due to the cross-border dissemination of the internet, does not constitute the use and indirect use agreed under this Article.
2.3 If there are any trademarks in the process of application and not yet officially registered in Appendix I of this Agreement, such applied-for trademarks have been submitted to the trademark bureau for registration by the Affiliated Companies or agent of the Licensor on their respective application dates, and such applications are still in the approval process at the execution date of this Agreement. Under such circumstance, the Parties agree that the trademark bureau’s approval of the registration is the precondition of licensing such trademarks. The License Rights thereof will be effective on the respective registration dates of such trademarks. The license scope of such trademarks will be subject to the commodity or service scope listed in their trademark registration certificates.
Appears in 1 contract
Sources: Trademark License Agreement (Phoenix New Media LTD)