Common use of Trademark and Patents Clause in Contracts

Trademark and Patents. 12.1 Buyer has no knowledge of any trademark or patent rights that third parties may claim in the goods. Seller makes no warranty that the Goods will not infringe the trademark, patent, copyright, trade secret or other property rights of third parties. 12.2 Buyer agrees to indemnify and defend Seller and hold Seller harmless from all legal expenses that may be incurred, as well as all damages and costs that may finally be a sessed against Seller, in any action for patent, trademark, or copyright infringement, or any claim for violation of any trade secret, for which Seller becomes liable as a consequence of manufacturing the goods covered by this Agreement in conformity with specifi ations and detailed designs furnished by Buyer, or from Buyer’s use, sale or distribution of those goods. 12.3 In connection with its sale or distribution of the Goods, Buyer may describe itself as an authorized distributor of Seller’s products, but upon termination of this agreement, Buyer shall immediately cease using such designation and all materials provided to it by Seller in any form, including but not limited to print and electronic media. 12.4 Buyer acknowledges Seller’s ownership of the marks used in the Agreement to identify the Goods. Buyer may use such marks on a non-exclusive basis solely in connection with its sale, distribution, advertisement and promotion of the products manufactured from the Goods. Buyer may not transfer, assign, sublicense, or otherwise grant rights with respect to the Marks to any third parties. All use of such marks on products manufactured from the Goods will inure to the benefit f Seller. Buyer wi11 not, during or after the term of this agreement, attack Seller’s title in and to such marks or their validity. 12.5 Buyer will not use such marks as common descriptive names or alone as nouns, but rather as adjectives immediately preceding the generic noun that describes the product offered under the marks (e.g., ULTRALEATHER polyurethane coated fabric). Buyer will not use the marks in plural form, possessive form or in all lowercase letters. 12.6 Buyer shall not use such marks as all or a portion of a corporate name or as all or a portion of any trade name or other designation used by it to identify its business. Buyer will not combine the marks with any other xxxx to form another trademark and will not obtain any Internet domain names containing the marks or any variation thereof.

Appears in 2 contracts

Samples: Sales Contracts, Sales Contracts

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Trademark and Patents. 12.1 Buyer has no knowledge of any trademark or patent rights that third parties may claim in the goods. Seller makes no warranty that the Goods will not infringe the trademark, patent, copyright, trade secret or other property rights of third parties. 12.2 Buyer agrees to indemnify and defend Seller and hold Seller harmless from all legal expenses that may be incurred, as well as all damages and costs that may finally be a sessed assessed against Seller, in any action for patent, trademark, or copyright infringement, or any claim for violation of any trade secret, for which Seller becomes liable as a consequence of manufacturing the goods covered by this Agreement in conformity with specifi ations specifications and detailed designs furnished by Buyer, or from Buyer’s use, sale or distribution of those goods. 12.3 In connection with its sale or distribution of the Goods, Buyer may describe itself as an authorized distributor of Seller’s products, but upon termination of this agreement, Buyer shall immediately cease using such designation and all materials provided to it by Seller in any form, including but not limited to print and electronic media. 12.4 Buyer acknowledges Seller’s ownership of the marks used in the Agreement to identify the Goods. Buyer may use such marks on a non-exclusive basis solely in connection with its sale, distribution, advertisement and promotion of the products manufactured from the Goods. Buyer may not transfer, assign, sublicense, or otherwise grant rights with respect to the Marks to any third parties. All use of such marks on products manufactured from the Goods will inure to the benefit f Seller. Buyer wi11 not, during or after the term of this agreement, attack Seller’s title in and to such marks or their validity. 12.5 Buyer will not use such marks as common descriptive names or alone as nouns, but rather as adjectives immediately preceding the generic noun that describes the product offered under the marks (e.g., ULTRALEATHER polyurethane coated fabric). Buyer will not use the marks in plural form, possessive form or in all lowercase letters. 12.6 Buyer shall not use such marks as all or a portion of a corporate name or as all or a portion of any trade name or other designation used by it to identify its business. Buyer will not combine the marks with any other xxxx to form another trademark and will not obtain any Internet domain names containing the marks or any variation thereof.

Appears in 1 contract

Samples: Terms & Conditions

Trademark and Patents. 12.1 Buyer has no knowledge of any trademark or patent rights that third parties may claim in the goods. Seller makes no warranty that the Goods will not infringe the trademark, patent, copyright, trade secret or other property rights of third parties. 12.2 Buyer agrees to indemnify and defend Seller and hold Seller harmless from all legal expenses that may be incurred, as well as all damages and costs that may finally be a sessed assessed against Seller, in any action for patent, trademark, or copyright infringement, or any claim for violation of any trade secret, for which Seller becomes liable as a consequence of manufacturing the goods covered by this Agreement in conformity with specifi ations specifications and detailed designs furnished by Buyer, or from Buyer’s use, sale or distribution of those goods. 12.3 In connection with its sale or distribution of the Goods, Buyer may describe itself as an authorized distributor of Seller’s products, but upon termination of this agreement, Buyer shall immediately cease using such designation and all materials provided to it by Seller in any form, including but not limited to print and electronic media. 12.4 Buyer acknowledges Seller’s ownership of the marks used in the Agreement to identify the Goods. Buyer may use such marks on a non-exclusive basis solely in connection with its sale, distribution, advertisement and promotion of the products manufactured from the Goods. Buyer may not transfer, assign, sublicense, or otherwise grant rights with respect to the Marks to any third parties. All use of such marks on products manufactured from the Goods will inure to the benefit f of Seller. Buyer wi11 not, during or after the term of this agreement, attack Seller’s title in and to such marks or their validity. 12.5 Buyer will not use such marks as common descriptive names or alone as nouns, but rather as adjectives immediately preceding the generic noun that describes the product offered under the marks (e.g., ULTRALEATHER polyurethane coated fabric). Buyer will not use the marks in plural form, possessive form or in all lowercase letters. 12.6 Buyer shall not use such marks as all or a portion of a corporate name or as all or a portion of any trade name or other designation used by it to identify its business. Buyer will not combine the marks with any other xxxx to form another trademark and will not obtain any Internet domain names containing the marks or any variation thereof.

Appears in 1 contract

Samples: Sales Contracts

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Trademark and Patents. 12.1 13.1 Buyer has no knowledge of any trademark or patent rights that third parties may claim in the goodsGoods. Seller makes no warranty that the Goods will not infringe the trademark, patent, copyright, trade secret or other property rights of third parties. 12.2 Buyer 13.2 Xxxxx agrees to indemnify and defend Seller Xxxxxx and hold Seller harmless from all legal expenses that may be incurred, as well as all damages and costs that may finally be a sessed assessed against Seller, in any action for patent, trademark, or copyright infringement, or any claim for violation of any trade secret, for which Seller becomes liable as a consequence of manufacturing the goods Goods covered by this Agreement in conformity with specifi ations specifications and detailed designs furnished by Buyer, or from Buyer’s use, sale or distribution of those goodsGoods. 12.3 13.3 In connection with its sale or distribution of the Goods, Buyer may describe itself as an authorized distributor of Seller’s products, but upon termination of this agreement, Buyer shall immediately cease using such designation and all materials provided to it by Seller in any form, including but not limited to print and electronic media. 12.4 13.4 Buyer acknowledges Seller’s ownership of the marks used in the Agreement to identify the Goods. Buyer may use such marks on a non-exclusive basis solely in connection with its sale, distribution, advertisement and promotion of the products manufactured from the Goods. Buyer may not transfer, assign, sublicense, or otherwise grant rights with respect to the Marks said marks to any third parties. All use of such marks on products manufactured from the Goods will inure to the benefit f of Seller. Buyer wi11 will not, during or after the term of this agreementAgreement, attack SellerXxxxxx’s title in and to such marks or their validity. 12.5 13.5 Buyer will not use such marks as common descriptive names or alone as nouns, but rather as adjectives immediately preceding the generic noun that describes the product offered under the marks (e.g., ULTRALEATHER polyurethane coated fabric). Buyer will not use the marks in plural form, possessive form or in all lowercase letters. 12.6 13.6 Buyer shall not use such marks as all or a portion of a corporate name or as all or a portion of any trade name or other designation used by it to identify its business. Buyer will not combine the marks with any other xxxx mark to form another trademark and will not obtain any Internet domain names containing the marks or any variation thereof.

Appears in 1 contract

Samples: Terms & Conditions

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