Use of Trade Marks. (a) The Operator acknowledges and agrees that: (i) it has no rights in or to the Trade Marks (other than the rights granted by this Agreement); (ii) its use of the Trade Marks is for the benefit of the Principal; (iii) the protocols and procedures referred to in clause 22.3(a) may include requirements relating to the use of Trade Marks; (iv) the powers (if any) conferred by section 26 of the Trade Marks Act 1995 (Cth) are expressly excluded from this Agreement, other than to the extent provided for in this Agreement. (b) The Principal may give notice to the Operator that: (i) the Principal considers that the Operator's use of the Trade Marks is in some way prejudicial to the interests of the Principal; or (ii) the Operator's use of the Trade Marks does not comply with this Agreement. (c) Upon receipt of any notice referred to in clause 16.2(b), the Operator must promptly cease such use (unless otherwise agreed between the parties). (d) The Operator must not, without the prior written consent of the Principal: (i) use any of the Trade Marks together with any other trade marks, logos, names, trading styles or get up; and (ii) use or register or attempt to use or register anywhere in the world any trade mark or business, trading, company or domain name, which includes or incorporates, or which is substantially identical or deceptively similar to, any of the Trade Marks.
Appears in 3 contracts
Sources: Refund Point Agreement, Refund Point Agreement, Refund Point Agreement