Proprietary Names Clause Samples
The Proprietary Names clause defines how the parties may use, protect, and refer to specific brand names, trademarks, or other unique identifiers associated with a product or service. Typically, this clause restricts one or both parties from using the other's proprietary names without prior written consent, and may outline procedures for approval or proper usage. Its core function is to safeguard the value and reputation of proprietary brands, preventing unauthorized or misleading use that could cause confusion or dilute brand identity.
Proprietary Names. A Distributor may not use Unicity’s trademarks, names, logos, trade dress, employees’ names, trade names or any distinctive phrases used by Unicity to promote the Distributor’s business prior to receiving written permission from Unicity. To protect the proprietary rights of Unicity, a Distributor may not obtain, through filing for a patent, trademark, Internet domain name or copyright, any right, title or interest in or to the names, trademarks, logos or trade names of Unicity and its products, whether such products or services have been formally released or are pending for release. If Unicity changes or abandons any of its trademarks, trade names or service marks, a Distributor agrees to also change or abandon such trademarks, trade names or service marks. A Distributor may request the right to use the name of Unicity or one of the Unicity trademarks, trade names or service marks on independently produced and non-competitive promotional items (the “Promotional Items”) that include, but are not limited to, the following: clothing, jewelry, printed material, posters, audiotapes, videotapes, CDs, DVDs, and the like. Unicity may at its discretion allow a Distributor to offer for sale approved Promotional Items and charge the Distributor a royalty fee for the right to sell such Promotional Items. More information regarding the use and sale of Promotional Items may be obtained by calling the Unicity Distributor Compliance Department at 1-801-226- 2600, extension 1350.
Proprietary Names. A Distributor may not use Unicity’s, trade- marks, names, logos, trade dress, employees’ names, or trade names or any distinctive phrases used by Unicity to promote the Distributor’s business prior to receiving written permission from Unicity. To protect the proprietary rights of Unicity, a Distributor may not obtain, through filing for a patent, trademark, Internet domain name or copyright, any right, title or interest in or to the names, trademarks, logos or trade names of Unicity and its products, whether such products or services have been formally released or are pending for release. If Unicity changes or abandons any of its trademarks, trade names or service marks, a Distribu- tor agrees to also change or abandon such trade- marks, trade names or service marks.
Proprietary Names. All computer lists of names and addresses are the exclusive property of the CITY, and CONSULTANT agrees that in all instances, such information to which they have access from the CITY's database shall be confidential, and they will not divulge any such information to any third party.
Proprietary Names. 24 5.20 Licenses.........................................................27 5.21
Proprietary Names. Seller acknowledges that MBFS and the MBFS Subsidiaries use the names “Manhattan Capital Markets” and “Banc of Manhattan Capital” (the “Proprietary Names”) and covenant and agree that any right, title and interest that Seller may have in any such names shall be transferred to MBFS and the MBFS Subsidiaries by the terms of this Agreement and that Seller shall not object to the use of such names by MBFS and the MBFS Subsidiaries, or by any future transferee of the stock or assets of MBFS and the MBFS Subsidiaries. Seller shall, at any time and from time to time after the date of this Agreement, upon reasonable request of Purchaser and at Purchaser’s expense, do, execute, acknowledge and deliver, or cause to be done, executed, acknowledged and delivered, all such further acts, deeds, assignments, transfers, conveyances, powers of attorney and assurance and may be required for better permitting the use of the Proprietary Names by MBFS and the MBFS Subsidiaries.
Proprietary Names. Trade names, copyrighted names, proprietary names that would require the use of a product or process of one company shall not be used.
Proprietary Names. To such Seller's knowledge: -----------------
(i) Schedule 2.1 (k) lists all trademarks, service marks, trade names, brand names or the like, whether registered or unregistered, or licenses or rights to use same, and registrations, copyrights and applications for registrations of copyrights for same used by Poser in the conduct of its business as presently conducted (collectively, "Proprietary Names"), true and complete copies of which have been heretofore delivered to Purchaser by Poser. Except as set forth in Schedule 2.1 (k), such Proprietary Names are owned by Poser. Poser has, and will continue to have, the right to use the Proprietary Names in the conduct of its business. For the conduct of the Poser's business as now conducted and its continuation hereafter, no right, license, consent, or other agreement is or will be required with respect to any Proprietary Name other than those listed or described in Schedule 2.1 (k).
(ii) All registrations for the Proprietary Names are valid and in force, and all applications for such registrations are pending and in good standing, all without challenge of any kind. Poser does not have any knowledge that any such challenge will hereafter be commenced or that Poser has or will have any basis for provoking or initiating an opposition, cancellation, nullification, interference, conflict or concurrent use proceeding with respect to any trademark, service ▇▇▇▇, trade name, brand name, copyright or the like held or used by others anywhere. To its knowledge, Poser is not infringing upon or otherwise acting adversely to any trademarks, service marks, trade names, brand names or the like, whether registered or unregistered, owned by any other person and, except as disclosed in Schedule 2.1(k), there is no Claim or action by any such person pending, or threatened in writing, with respect thereto. To the best of its knowledge, no Proprietary Name is subject to any outstanding adverse order, ruling, decree, judgment or stipulation by or with any court, arbitrator or administrative agency or, to the best of Poser's knowledge, being infringed upon by others or being used by others. None of the rights of Poser to the Proprietary Names will be impaired by the consummation of the transactions contemplated by this Agreement, and all of the rights of Poser thereunder will be enforceable immediately after the Closing without the consent or agreement of any other party, except consents and agreements specifically described in Schedul...