NTT,inc. (hereinafter referred to as "NTT") provides the following terms and conditions (hereinafter referred to as these "T&C") for use of the trademark (hereinafter referred to as the "Trademark") specified below owned by NTT. If you wish to use the Trademark, you may use the Trademark non-exclusively at no cost without obtaining NTT's approval separately as long as you comply with these T&C and the Trademark user guide separately designated by NTT, provided that an application for such use is submitted in a manner designated by NTT prior to the start of such use and NTT provides notice which NTT receives the application. Any person or legal entity using the Trademark (hereinafter referred to as "User") shall be deemed to fully understand and agree with these T&C upon submission of application for use of the Trademark.
1. Trademark
「IOWN」(Registration No.6196474)
2. Ownership of Rights
All rights in the Trademark are owned by NTT, and User shall never own any rights in the Trademark in the future.
3. Purposes of Use
User may use the Trademark only within the scope of the designated goods and services of the Trademark and the use constitutes any of the following:
- (1)User uses the Trademark for the purpose of introducing and promoting IOWN®
- (2)User uses the Trademark for projects, advertisements, or press releases related to IOWN®
- (3)User uses the Trademark for descriptions of goods or services, organization names, etc. which contribute to the realization of IOWN; provided, however, that User may not use the Trademark for the User's goods or services, any application for trademark registration or part of a business name.
4. Prohibitions
User is prohibited from engaging in any action constituting or likely to constitute any of the following when using the Trademark:
- (1)Use of the Trademark for any purpose other than those specified in the preceding article without obtaining NTT's separate approval
- (2)Use of the Trademark in a manner counter to the purposes of NTT's "IOWN® Concept"
- (3)Use of the Trademark in a manner that causes any damage or detriment to NTT or any third party or that impairs the value, reputation, credit, or honor of NTT, any third party, or the Trademark
- (4)Use of the Trademark in a manner that implies or causes confusion of, contrary to fact, partnership with, approval of, support from, or recommendation by NTT
- (5)Use of the Trademark in any of the following manners:
- Use of the modified Trademark (e.g. アイオン, アイオウン, I-OWN)
- Use of the Trademark as a verb
- Use of the Trademark as a generic term, traditional term, or any other common term
- Any use that impairs the value of the Trademark
- (6)Use of the Trademark in an advertisement, article, other media, goods, services, or organization name, etc. that provides inappropriate content, such as illegal or adult content or content associated or likely associated with crimes, illegal acts, or acts that are against public policy
- (7)In addition to the above, any use of the Trademark in a manner that NTT determines is inappropriate
5. Matters to be observed
- (1)If User wishes to use the Trademark, User shall conduct all necessary investigations at its own cost and responsibility in view of the country and region in and the goods and services, etc. for which User is planning to use the Trademark before User uses the Trademark.
- (2)When User uses the Trademark, User shall indicate the statement, "IOWN® is a trademark or registered trademark of NTT,inc." in a place and position close to where the Trademark is used.
- (3)If NTT inquires for what and how User uses the Trademark, User shall cooperatively provide an explanation to NTT and perform other necessary actions in good faith.
- (4)These T&C permit the use of only the Trademark and do not permit the use of any trademarks or registered trademarks owned by the organization with which NTT is affiliated (hereinafter referred to as "IOWN GLOBAL FORUM"). Please contact IOWN GLOBAL FORUM if you have any query about the trademarks or registered trademarks owned by IOWN GLOBAL FORUM.
6. User's Liability, etc.
- (1)In the event that NTT incurs any damage (including both direct and indirect damage) arising out of the use of the Trademark in violation of these T&C, User shall compensate for the damage immediately upon NTT's request.
- (2)In the event that NTT determines that User is using the Trademark in violation of these T&C, NTT shall be entitled to take the measures that NTT judges necessary, such as suspending use of the Trademark, and User shall immediately follow NTT's instructions.
- (3)NTT reserves the right to abandon the Trademark, assign the Trademark to a third party, take any action to dispose of the Trademark, or terminate this licensing of the Trademark to User at NTT's sole discretion. NTT does not and will not guarantee the use of the Trademark by User in the future. If NTT terminates this licensing of the Trademark to User, the notice of termination to User shall be deemed complete at the time notice thereof is uploaded on NTT's website.
7. Exemption of Liability
- (1)NTT does not and will not warrant, expressly or impliedly, that the Trademark has no factual or legal defect and shall bear no obligation to remove any defect and provide NTT's trademark free from defect.
- (2)NTT is not and will not be liable for any damage incurred by User arising out of this licensing of the Trademark or suspending use of the Trademark.
- (3)NTT shall not be involved in nor liable for User's use of the Trademark or business operations. In the event that NTT incurs any damage caused by User's use of the Trademark or business operations, User shall immediately compensate any damage (including both direct and indirect damage).
- (4)In the event that User receives a notice that its use of the Trademark infringes any third party's rights, User shall promptly notify NTT and follow NTT's instructions; provided, however, that User shall resolve the matter at its own expense and responsibility, unless caused by any reason attributable to NTT.
- (5)In the event that NTT is sued or receives a claim by a third party in connection with User's use of the Trademark, NTT shall be exempt from any responsibility, and User shall resolve the matter at its own expense and responsibility and immediately compensate all damages (including both direct and indirect damage), if NTT has incurred any damage, except when caused by any reason attributable to NTT.
8. Incontestability
If User contests the validity of the Trademark (including seeking cancellation of the registration of the Trademark), directly or indirectly, NTT may revoke this licensing to User and suspend use of the Trademark.
9. Modification of these T&C
NTT shall be entitled to modify these T&C at any time without any prior notice, if NTT decides that these T&C needs to be modified. The modified T&C shall become effective at the time the modified T&C are uploaded on NTT's website, and User shall be deemed to have agreed with the modified T&C by continuing to use the Trademark after such modification.
10.Language
T&C is made in Japanese and translated into English. The Japanese text is the original and the English text is for reference purposes. If there is any conflict or inconsistency between these two texts, the Japanese text shall prevail.
11. Governing Laws and Jurisdiction
- (1)The effectiveness, interpretation, and performance of the licensing under these T&C shall be interpreted and construed in accordance with the laws of Japan, regardless of the location and region of use of the Trademark.
- (2)All disputes arising out of or in connection to the Trademark shall be finally resolved by arbitration in Tokyo in accordance with the Commercial Arbitration Rules of the Japan Commercial Arbitration Association or by litigation, in which the Tokyo District Court is agreed to have exclusive jurisdiction in the first instance, at the option of the plaintiff party.