Use of Trademarks and Trade Names. Purchaser shall not use, directly or indirectly, in whole or in part, ITW’s name, or any other trademark or trade name that is now or may hereafter be owned by ITW (collectively the “Trademarks”), as part of Purchaser’s corporate or business name, or in any way in connection with Purchaser’s business, except in a manner and to the extent authorized herein or otherwise approved by ITW in writing. Purchaser hereby acknowledges ITW’s ownership of the Trademarks and the goodwill associated therewith. Purchaser shall not infringe upon, harm or contest the validity of any Trademarks. Purchaser shall be entitled to use the Trademarks only in connection with the promotion or sale of the Authorized Products pursuant to the terms of the Agreement. Purchaser shall reproduce the Trademarks exactly as specified by ITW. Purchaser shall not use the Trademarks in combination with any other trademarks or names. Purchaser agrees that it will not register or attempt to register any Trademark or any colorable imitation thereof (including any non-English language variation thereof), or use such Trademarks for any products or for any purposes other than those set forth in the Agreement. Purchaser shall not at any time during or after termination of the Agreement use in its business any other trademark that is similar to or in any way resembles the Trademarks so as to be likely to cause deception or confusion with the Trademarks. Purchaser shall provide reasonable cooperation to ITW with respect to any efforts of ITW to protect, defend or enforce its rights to the Trademarks. Should Purchaser cease being an authorized customer of ITW for any reason, Purchaser shall immediately discontinue any formerly permitted use of ITW’s name or the Trademarks.
Use of Trademarks and Trade Names. So long as this Agreement is in effect, MHI shall have the right to use EWC’s Trademarks or trade names solely in connection with its activities hereunder. MHI’s use shall be limited to EWC Products and marketing material provided by EWC and pre-approved sales and marketing material produced by MHI. MHI shall not use any of EWC’s Trademarks, except in connection with its distribution of EWC Products under the terms of this Agreement.
Use of Trademarks and Trade Names. MamaMancini’s shall market the Product in the Territory under the trademark “MAMAMANCINI’S” and/or such other trademark(s) and/or trade name(s) as MamaMancini’s shall from time to time deem desirable, whether or not registered or registrable, copyrighted or copyrightable, in whole or in part, in all or any portion of the Territory (collectively, the “MamaMancini’s Marks”).
Use of Trademarks and Trade Names. No right, title or interest in or to any trademarks, trade names, slogans, labels and designs used by either the Contractor or the Manufacturer, nor the goodwill connected, is conveyed by this Agreement. The Manufacturer may, in connection with the promotion and sale of the products pursuant to the terms of this Agreement, refer to the Contractor's applicable trade names or trademarks provided that all such references are in conformance with the Contractor's requirements regarding such use, as such requirements are communicated to the Manufacturer in writing from time to time by the Contractor.
Use of Trademarks and Trade Names. Distributor shall not use the name of Helix or its trade names, Trademarks, logos or any equivalent thereof in any publicity or advertising, or in any other manner whatsoever, without the prior written consent of Helix.
Use of Trademarks and Trade Names. Nothing in this Agreement shall be read as transferring ownership in any intellectual property belonging to any party. Fiagon NA grants Distributor limited permission during the Term of this Agreement to use the trademarks and trade names of Fiagon and solely to (i) designate the source of a Product; (ii) identify Distributor as an authorized distributor of Fiagon NA or the Products, and (iii) subject to the limitation set forth below, promote, market and sell Products in the Territory. Distributor’s use of the trademarks and trade names of Fiagon and Fiagon NA must comply with any reasonable usage guidelines provided in writing by Fiagon NA to Distributor. Distributor is required to secure prior written approval from Fiagon NA before using the Fiagon® trademarks or Fiagon or Fiagon NA trade names on any advertising or promotional material. If, in Fiagon NA’s sole opinion, any proposed material contains a matter which may lessen the value of such trademark, Distributor agrees to delete or modify such matter to the satisfaction of Fiagon NA prior to printing, distribution or use of such material. Distributor shall have the right to incorporate Entellus trademarks and tradenames in marketing materials alongside the trademarks and trade names of Fiagon. Fiagon agrees it will secure Distributor’s prior written approval before distributing any marketing materials that includes Distributor’s trademarks and trade names.
Use of Trademarks and Trade Names. In connection with Vanderbilt’s appointment as PRO’s distributor, PRO and/or its Affiliates grant to Vanderbilt a non-exclusive, non-transferable right, with out the right to sublicense, to use the Trademarks in the Territory for the limited purpose of marketing and selling the Products. Vanderbilt may place the Trademarks and Trade Names on its stationery, catalogues, promotional literature, advertising material and signs, but only in connection with the promotion and sale of the Products in the Territory. Any other use of the Trademarks and Trade Names by Vanderbilt shall be subject to prior written approval by PRO, except that Vanderbilt may be identified as the distributor of the Products on all labels and promotional materials without any such prior approval. Vanderbilt agrees to submit samples of proposed marketing materials or trademark usage to PRO for its review and approval, such approval not to be unreasonably withheld. Any actual usage of such Trademarks in marking materials, labeling and otherwise will be consistent with the samples received by PRO. Subject to the foregoing, Vanderbilt further agrees:
(a) Not to remove the Trademarks or Trade Names from the Products or packages containing the Products;
(b) Not to alter the Trademarks or Trade Names in any way;
(c) Not to apply any Trademarks or Trade Names or any labels, signs or markings of any kind other than additional labeling required by customers or governmental or regulatory authorities to the Products or use the same in connection with the Products, without prior written approval of PRO;
(d) To employ any symbol or notice with the Trademark which may be necessary to identify and protect the interests of PRO in the Trademark;
(e) Not to register or record as a trademark or domain name, or cause to be registered or recorded as a trademark or domain name, any PRO Trademark or Trade Name, in any country;
(f) That any and all goodwill created in any PRO Trademark or Trade Name belongs to, and is the property of, PRO in every country; and
(g) Indicate that the Trademarks and Trade Names are owned by PRO or its Affiliates as applicable.
Use of Trademarks and Trade Names. Each Party recognizes that the name of the other party represents a valuable asset of such other Party and that substantial recognition and goodwill are associated with such trade name and such Party’s various trademarks. Each Party hereby agrees that neither it nor any of its Affiliates shall use the name, logo, or any other trademarks of any other Party except as provided in Sections 10.5 and 10.6 and Exhibit 2, provided written authorization from such other Party. Except as provided in Sections 10.5 and 10.6 and Exhibit 2, nothing in this Agreement constitutes a license entitling either Party to use the other Party’s name, logo or trademarks.
Use of Trademarks and Trade Names. No right, title or interest in or to any trademarks, trade names, professional names, slogans, labels and designs used by either the Supplier or the Distributor, nor the goodwill connected, is conveyed by this Agreement. The Distributor may, in connection with the manufacture, distribution and sale of the Products pursuant to the terms of this Agreement, refer to the Supplier's applicable trade names o trademarks provided that all such references are in conformance with the Supplier's requirements regarding such use, as such requirements are communicated to the Distributor in writing from time to time by the Supplier. The Supplier, in connection with the promotion of the Products, may refer to Distributor's applicable trade names or trademarks provided that all such references conform to the Distributor's requirements communicated to Supplier.
Use of Trademarks and Trade Names. Notwithstanding anything to the contrary in this Agreement, the Mexican Companies may continue to use the name "MagneTek" and related trademarks, and trade names incorporating "MagneTek," and the stylized "MagneTek" logos (i) in displays, signage and postings for the period not more than nine (9) months after the Closing Date required to permit the reasonably prompt removal of such names, and only to the extent such displays, signage or postings exist on the Closing Date; (ii) for a period of two years, to state the Mexican Companies' former affiliation with MagneTek (e.g., formerly a subsidiary of "MagneTek, Inc.") and (iii) to the extent any such trade names, trademarks, service marks or logos appear on stationery, packaging materials, supplies or inventory on hand as of the Closing Date or on order at the time of the Closing or ordered no later than three (3) months after the Closing Date, until such is exhausted provided, however, that in respect of all such items, such continued use will cease on the second anniversary of the Closing Date. MagneTek and Buyer will execute such agreements as are necessary to be filed with any Governmental Authority in order to accomplish the foregoing.
