Use of Trade or Service Marks. Other than pursuant to this Agreement, Purchaser shall not use or permit any of its Affiliates or distributors to use any of the Reliant Brands or any other corporate, trademarks or service marks or names now or hereafter owned or used by Reliant or any of its Affiliates.
Use of Trade or Service Marks. (a) As of the Closing Date, Seller (or its Affiliate) hereby grants to Purchaser, and Purchaser hereby accepts, a non-exclusive, non-transferable, non-sublicensable, royalty-free license in the Territory to use the Seller Brands, solely to the extent necessary to allow the Purchaser to Distribute the finished Product inventory and use the Promotional Materials and otherwise perform its obligations under this Agreement and the Other Agreements (the "Seller Brand License"). Purchaser acknowledges that the Seller Brand License is being granted solely for transitional purposes and that Purchaser shall use Commercially Reasonable Efforts to as quickly as is reasonably possible to cease its use of the Seller Brands after the Closing Date. Notwithstanding foregoing, the Seller Brand License will terminate (i) with respect to Promotional Materials containing the Seller Brands thirty (30) Business Days after the date upon which Purchaser receives notice from the FDA that Purchaser's promotional materials for Products and/or Product Improvements which do not refer to the Seller Brands have been pre-cleared by the FDA pursuant to 21 CFR 314 Subpart H, and (ii) with respect to packaging and labeling of the Products and/or Product Improvements containing Seller Brands, on the later of, exhaustion of any finished Products labeled with Seller Brands or six (6) months following receipt by Purchaser of labeling approval for Products and/or Product Improvement from the FDA.
(b) Purchaser shall not (i) add any other labels or marks to, or otherwise alter, the Seller Brands as used in the Business as of the Closing Date; (ii) change in any way the style of the Seller Brands as used in the Business as of the Closing Date; or (iii) otherwise use the Seller Brands in any manner other than as specifically provided in this Section 8.2.
(c) Purchaser acknowledges Seller's (or its Affiliate's) ownership of the Seller Brands, shall do nothing inconsistent with such ownership, agrees that all use of the Seller Brands by Purchaser shall inure to the benefit and be on behalf of the Seller (or its Affiliate), and agrees not to challenge Seller's (or its Affiliate's) title to the Seller Brands. Nothing in this Agreement shall give Purchaser any right, title or interest in the Seller Brands other than the right to use the Seller Brands strictly in accordance with this Section 8.2. All use of the Seller Brands by Purchaser under this Section 8.2 shall conform to the standards followed by th...
Use of Trade or Service Marks. Other than pursuant to the Inventory Trademark License and the Assignment of Trademark, neither Oscient nor any of Oscient’s Affiliates shall use or permit its distributors to use the Reliant Brands.
Use of Trade or Service Marks. Other than pursuant to the Inventory Trademark License Agreement, neither Buyer nor any of Buyer's Affiliates shall use or permit its distributors to use the name "Abbott Laboratories" or any other corporate, trade or service marks xx xxxes owned or used by Seller or Seller's Affiliates, or the ABBOKINASE(R) trademark, unless such marks or names are specifically included in the Purchased Assets. Except to the extent indicated on Schedule 2.1(f), all Product packaging of the Purchased Assets as of the Closing used to package Products manufactured by Buyer or any Affiliate of Buyer after the Closing shall bear a new code identification that indicates the Products were manufactured by Buyer.
Use of Trade or Service Marks. Neither Buyer nor any of Buyer's Affiliates shall use or permit its distributors to use the name "Xxxxxx Laboratories" or any other corporate, trade or service marks or names owned or used by Seller or Seller's Affiliates, unless such marks or names are specifically included in the Purchased Assets.
Use of Trade or Service Marks. Neither Buyer nor any of Buyer's Affiliates shall use or permit its distributors to use the name "Abbott Laboratories" or any other corporate, trade or service marks ox xxxxs owned or used by Seller or Seller's Affiliates, unless such marks or names are specifically included in the Purchased Assets.
Use of Trade or Service Marks. Other than pursuant to the Inventory Trademark License Agreement, neither Buyer nor any of Buyer's Affiliates shall use or permit its distributors to use the name "Xxxxxx Laboratories" or any other corporate, trade or service marks or names owned or used by Seller or its Affiliates, respectively, unless such marks or names are specifically transferred, assigned or licensed as part of the Closing Assets or pursuant to any Other Agreement. Except as set forth in the Manufacturing Agreement or the Inventory Trademark License Agreement, all Product packaging of the Product Line as of the Closing used to package Products manufactured by Buyer or any Affiliate of Buyer after the Closing shall bear a new code identification that indicates the Products were manufactured by Buyer.
Use of Trade or Service Marks. Buyer shall not use or permit distributors of Golf products to use the name "Brunswick" or any derivation thereof whether in English or any other language, or corporate, trade or service marks owned or used by Brunswick or its affiliates, unless such marks or names are included in the Golf Assets or unless such use is permitted in writing by Brunswick, except that (i) for twelve months after the Closing Date Buyer may use all inventory produced prior to the Closing Date which are included in the Golf Assets and which contain the name "Brunswick," (ii) for twelve months after the Closing Date Buyer may use the name "Brunswick" on all inventory finished during the first eight weeks after the Closing Date, and (iii) for six months after the Closing Date Buyer may use all printed material and boxes which are included in the Golf Assets and which contain the name "Brunswick". After the relevant twelve month and six month periods referred to in the previous sentence Buyer will place a sticker over the name "Brunswick" or otherwise remove the name "Brunswick" from such material, boxes and inventory. The parties agree that such use by Buyer of the name "Brunswick" on printed material, boxes and products does not constitute representing the golf products sold by Buyer as being Brunswick products. All products of the Golf Business manufactured by Buyer after the Closing Date shall bear a new code identification which indicates the products were manufactured by Buyer.
Use of Trade or Service Marks. Other than as expressly provided in this Agreement, the Commercial Agreements and/or the Other Agreements, neither Seller, on the one hand, nor ADMA or Buyer, on the other hand, shall use or permit any of its Affiliates or distributors to use any of the other Party’s Trademarks.
Use of Trade or Service Marks. Other than as expressly provided in this Agreement and/or the Other Agreements (including the Transition Services Agreement), Buyer shall not use or permit any of its Affiliates or distributors to use any of the Seller Marks or any other corporate, trademarks or service marks or names now or hereafter owned or used by Seller, other than the Purchased Intellectual Property (on the terms provided herein and/or in the Other Agreements).
