Common use of Notice of Ownership Clause in Contracts

Notice of Ownership. Unless otherwise agreed to by the parties on a case-by-case basis, the parties, consistent with historical and current practice in connection with their own trademarks, will use the following notice somewhere in its advertising, brochures, nationally distributed marketing and promotional materials, and other similar advertising and marketing material (but not including business cards, letterhead, memo pads, envelopes, and other stationary items; e-mail notices; press releases, rate sheets, and local dealer communications; and other similar non-advertising and non-marketing material) in a conspicuous location in connection with its use of the other party’s trademarks. “[“Trademarks”] are trademarks of [the other party], used under license by [party].” When displaying the GMAC trademark, the following is allowed instead of the foregoing notice: “GMAC is a registered trademark.” The parties acknowledge and agree that the notice requirement of this Section 3.4 does not apply to any materials printed prior to the date of this Agreement, even if such printed materials are distributed after the date of this Agreement; provided, however, that to the extent that reprintings of such materials are made after the date of this Agreement, the aforementioned notice will be included therein.