Common use of Use of Seller’s Name Clause in Contracts

Use of Seller’s Name. Buyer acknowledges that Seller has the absolute and exclusive proprietary right to all names, marks, trade names, trademarks and service marks incorporating VIVUS in any form (the “Seller Trade Names”), and to all corporate symbols or logos incorporating “VIVUS” in any form (the “Seller Logos”, and together with the Seller Trade Names, the “Seller Marks”). Buyer shall not use, and Buyer shall cause its affiliates not to use, any Seller Marks or any confusingly similar marks in connection with the sale or distribution of any products or services, and if a Business Asset bears a Seller Xxxx, Buyer shall, prior to the use, sale or distribution of such Business Asset, delete such Seller Xxxx and clearly and prominently indicate that the Business Asset is no longer affiliated with Seller or any of its affiliates.