Trademarks and Related Matters. During the Term, IBSS hereby authorizes Representative to use the Trademarks subject to and in accordance with each of the following:
(a) Representative may refer to itself as an "Authorized Independent IBSS Representative" of (and only of) the Designated Products in the marketing and promotional materials circulated by or on behalf of Representative to prospective IBSS customers.
(b) Representative shall use the Trademarks solely in connection with the marketing and promotion of the Designated Products to prospective IBSS customers pursuant to this Agreement and for no other purpose whatsoever.
(c) Representative shall refrain from using any Trademark in, or as a part of, Representative's name or tradename.
(d) Representative shall provide to IBSS for prior review and written approval all promotional, advertising and other materials using or displaying the Trademarks or any trademark or trade name of IBSS, or of third parties used in connection with IBSS Products, or referring to Representative as an "Authorized Independent IBSS Representative", unless such materials and activity are within written guidelines promulgated by IBSS, from time to time. Representative agrees to change or correct, at Representative's expense, any such material and to refrain from any activity which IBSS, in its sole judgment, determines to be inaccurate, misleading, objectionable, or a misuse of the Trademarks. Such approval shall not be unreasonably withheld, and IBSS will give approval or denial of requests within two (2) weeks.
(e) All rights to use the Trademarks shall terminate at the end of this Agreement. Upon such termination, Representative shall immediately cease all use of the Trademarks and shall destroy any and all written or graphic material in Representative's possession or control bearing any Trademark.
(f) Representative recognizes IBSS' ownership and title to the Trademarks and the goodwill associated therewith, and agrees that any goodwill which accrues because of Representative's use of the Trademarks shall vest in and become the property of IBSS. Representative further agrees not to contest or take any action to contest the Trademarks or any other trademark, servicemark or trade name of IBSS, or to xxx, employ or attempt to register any trademark, service xxxx or trade name which is confusingly similar to the Trademarks or any other trademark, service xxxx or trade names of IBSS.
Trademarks and Related Matters. 11.1 VAR may refer to itself during the term of this Agreement as a "Selectica Certified Value Added Reseller", solely in connection with the Products purchased under this Agreement.
11.2 VAR agrees that it will not use the terms "SELECTICA," "SELECTICA, INC.", "SELECTICA INTERNET SELLING SYSTEM", "SELECTICA ISS", or the SELECTICA logo, or any similar terms or logos as a trading designation or in any other way, except to indicate that VAR is authorized by SELECTICA to market the Products.
11.3 VAR agrees that it will not remove, conceal, or change any trademark, service mark, xxade name, or logo from the Products or associated documentation provided by SELECTICA. VAR agrees that it will not affix any trademarks or service marks of SELECTICA or any similar terms to any other goods, use the same in connection with any services, or use the same in VAR's business or company name.
11.4 VAR agrees to notify SELECTICA promptly of any use of SELECTICA's names or marks or any similar marks by any third party.
11.5 Unless prior written consent is obtained from SELECTICA, VAR shall not copy or modify any manuals, documentation or other materials provided by SELECTICA under this Agreement.
11.6 The permission granted relative to all SELECTICA trademarks shall terminate with the expiration or termination of this Agreement. Upon such expiration or termination, VAR shall immediately cease referring to
Trademarks and Related Matters. Quantum may provide and periodically update a list of marks ("Marks") which VIP may use, pursuant to the terms of this Agreement. All rights, title and interest in and to such Marks shall remain in Quantum (or those licensing the Marks to Quantum) and VIP shall not at any time challenge Quantum's rights in and to said Xxxx or marks or seek to obtain or obtain any rights therein. Any unauthorized use of the Marks by VIP or any person employed by or contracting with VIP, or any use not in compliance with the rules and procedures prescribed by Quantum relating to such use, shall constitute an infringement of Quantum's rights in and to the Marks and be a material breach of this Agreement. VIP agrees that upon the expiration or termination of this Agreement, VIP shall:
(a) Not thereafter use any actual or similar Marks in any manner or for any purpose; and,
(b) Destroy all advertising and marketing materials, forms, and other materials containing any Xxxx or otherwise identifying or relating to Quantum. Similar to Quantum, VIP shall periodically provide Quantum with a list of VIP's logo, service and trademarks ("VIP Marks"). All rights, title and interest in and to such VIP Marks shall remain in VIP. Quantum shall abide by the same terms, conditions and restrictions with respect to VIP Marks as Quantum has imposed on VIP with respect to Quantum's Marks.
Trademarks and Related Matters. Company is the owner or rightful user of all right, title and interest in and to each of the patents, trade names, trademarks, software, copyrights and registrations thereof, all as set forth in Exhibit 11.17, attached hereto or to be attached hereto prior to Closing. None of the patents, trade names, trademarks, software, copyrights or registrations thereof, or any rights therein, have been assigned or transferred by Company or its predecessors in right in whole or in part to any other party, and none is subject to any liens or encumbrances nor has any right been granted by Company to any other party to use any such patents, trade names, trademarks, software or copyrights. To the extent they are currently utilised in the operation of Company's usual business, all requisite renewals and affidavits of use have been filed with respect to each of the registrations set forth in Exhibit 11.17 and each is presently in full force and effect and each of the patents, trade names, trademarks, software and copyrights set forth in Exhibit 11.17 is valid, and is in good standing and active use and none has been abandoned or terminated, or shall be terminated as a result of the execution of this Agreement. No rights under any other patents, trade names, trademarks, software, copyrights or registrations are required by Company for the proper operation of its business.
Trademarks and Related Matters. 15.1 IBM will furnish DAC with guidelines for use of its trademarks or trade names in connection with this Agreement. The IBM Corporate Communications Department shall be the sole source for IBM logo artwork.
15.2 DAC is authorized to use the IBM trademark and trade names to the extent necessary to meet Program requirements and only in accordance with IBM's guidelines. No other rights with respect to the trademarks, service marks, trade names or brand names of either IBM or DAC are conferred on the other party, either expressly or by implication, by this Agreement.
15.3 Each party shall retain all title to its trademarks, service marks, trade names and brand names, and the goodwill attaching thereto, and any goodwill which accrues because of the other party's use of the same will vest in and become the property of the owner. Each party will not contest the other party's marks, names, or use, or attempt to register any trademark, service mark xx trade name which is confusingly similar to the other party's trademarks, service marks, trade names, or brand names.
15.4 Permission to use the trademarks, service marks, trade names or brand names of the other party shall terminate with the expiration or termination of this Agreement, provided, however, that such permission shall continue during any Continuity Period as more fully described above in Section 3.6.
Trademarks and Related Matters. 16.1 TOSHIBA will furnish DAC with the TOSHIBA guidelines for the use of its trademarks or trade names in connection with this Agreement. The TOSHIBA Corporate Communications Department shall be the sole source for DAC of TOSHIBA logo artwork. No other source will be considered approved pursuant to this Agreement.
16.2 DAC is authorized to use the TOSHIBA logo and trademark only to the extent necessary to meet the required Program service specifications and only in accordance with TOSHIBA's guidelines. No other rights with respect to the trademarks, service marks, trade names or brand names of either TOSHIBA or DAC are conferred on the other party, either expressly or by implication, by this Agreement.
16.3 TOSHIBA and DAC recognize the other party's ownership of and title to its respective trademarks, service marks, trade names and brand names, and the goodwill attaching thereto, and agrees that any goodwill which accrues because of the other party's use of the trademarks, service marks, trade names or brand names, or because of any other activity involving the promotion of the other party's products or services, will vest in and become the property of the owner. Each party agrees not to contest or take any action to contest the other party's trademarks, service marks or trade names or to use, employ or attempt to register any trademark, service mark xx trade name which is confusingly or deceptively similar to the other party's trademarks, service marks or trade names.
16.4 Permission granted relative to the trademarks, service marks, trade names or brand names of the other party shall terminate with the expiration or termination of this Agreement. Both parties immediately shall cease approved use of the trademarks, service marks, trade names and brand names of the other party upon expiration or termination of this Agreement.
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Trademarks and Related Matters. Business Representative is not granted any rights in and is not authorized, licensed or permitted to use the Marks of GTE Mobilnet or any of its Affiliates except for the sole purpose of Business Representative identifying itself as authorized to solicit and refer potential Customers to GTE Mobilnet. In connection with this limited use, GTE Mobilnet shall furnish the list of Marks that Business Representative is permitted to use and the rules and regulations pertaining to use of the Marks, with which Business Representative agrees to comply. During the term of this Agreement and at any time thereafter, Business Representative and its owner(s) and Affiliates shall not use any identical or confusingly similar mark or trade name, sexxxxe mark, trademark, advertising logo, insignia, symbols or decorative designs to Marks or other items used by GTE Mobilnet. Business Representative also agrees to return to GTE Mobilnet upon termination of this Agreement or at GTE Mobilnet's earlier request any advertising and marketing materials, forms, training materials or other materials containing any GTE Mark or other materials relating to GTE's Mobile Data Services.
Trademarks and Related Matters. Branded Provider shall clearly xxxx its packaging and collateral materials with the " Epoch"
Trademarks and Related Matters. No rights are granted to the DEALER to use trademarks and trade names of E-ViEWS or trade names of third parties used in connection with the PRODUCTS except the limited permission for the DEALER to use such trademarks solely to identify the DEALER as an Authorized E-ViEWS DEALER and/or to identify PRODUCTS purchased from E-ViEWS under this Agreement. The permission granted relative to such trademarks shall terminate with the expiration or termination of this Agreement.
