Common use of Use of Trade Marks Clause in Contracts

Use of Trade Marks. 15.1 With respect to the use of any of the trade-marks associated with the Products, now or at any time registered in the name of MEC (the "Trade-marks"), the parties agree as follows: (a) all representations of any Trade-marks which WPI intends to use in any promotional materials (the "Materials”) shall be submitted to MEC for prior approval of design, colour and other details and no Materials containing any of the Trademarks shall be distributed by WPI or on behalf of WPI without the written approval of MEC; and (b) MEC shall not withhold its approval unreasonably and, unless MEC has advised WPI in writing within three (3) business days of receipt of the Materials for approval that MEC does not approve of the use of such Materials, MEC shall be deemed to have approved of the use of such materials. 15.2 WPI shall not change or vary any of the Trade-marks nor use any other Trade-marks which are similar to or substantially similar to or so nearly resembling the Trade-marks so as to be likely to cause deception or confusion to the public. 15.3 Unless otherwise provided in this Agreement, WPI shall accompany any and all print use of the Trade-marks with an asterisk printed closely adjacent to each printed representation of the Trade-marks. 15.4 With respect to the use of the Trade-marks WPI agrees as follows: (a) WPI recognizes that MEC is the owner of the Trade-marks and all the goodwill therein and agrees that the same shall remain vested in MEC both during the term of this Agreement and thereafter and that the use of the Trade-marks by WPI shall be used on behalf and for the benefit of MEC. WPI agrees not to challenge the validity or ownership of the Trade-marks and/or the goodwill therein; and (b) any goodwill which WPI may acquire from the use of the Trade-marks shall vest in and become the absolute property of MEC and WPI undertakes and agrees at the request of this Agreement, to execute all such instruments and to do all such acts as may be necessary and desirable to vest absolutely in MEC the said goodwill.

Use of Trade Marks. 15.1 With respect 8.3.1 As long as the Sales Agency and Marketing Agreement is in force, Licensee shall not use any Trade Marks on any Products other than those Trade Marks designated by Licensor; 8.3.2 Licensee agrees that it will use the Trade Marks only in connection with the Products and will label, package and advertise the Products only in such manner as to preserve at all times all rights of Licensor in the Trade Marks; 8.3.3 Licensor shall provide to Licensee from time to time information regarding the use of the Trade Marks, including the typeface, configuration and orientation of the Trade Marks, specifications and restrictions on the size, colour and backgrounds for the Trade Marks, and Licensee shall use the Trade Marks only in the manner so specified; 8.3.4 Licensee shall submit all original mechanical art (the "Art") for all labels, packaging, advertisements, promotional materials and other materials used in connection with the sale of the Products which bear any Trade ▇▇▇▇ to Licensor for approval prior to the use of any the Art, which approval shall not be unreasonably withheld or unduly delayed. In the event that Licensor does not notify Licensee in writing of its disapproval of same within thirty (30) days of its receipt of the trade-marks associated with the Products, now or at any time registered in the name of MEC (the "Trade-marks")Art, the parties agree as follows: (a) all representations of any Trade-marks which WPI intends to use in any promotional materials (the "Materials”) Art shall be submitted deemed to MEC for prior approval of design, colour and other details and no Materials containing be approved by Licensor; 8.3.5 Licensee shall not change or modify any part of the Trademarks shall be distributed by WPI or on behalf of WPI Art without the written approval of MEC; and (b) MEC Licensor, which approval shall not withhold its approval be unreasonably and, unless MEC has advised WPI withheld or unduly delayed. In the event that Licensor does not advise Licensee in writing that it disapproves of such change or modification within three ten (310) business days of receipt of the Materials for approval that MEC does not approve of the use of such Materialsthereof, MEC Licensor shall be deemed to have approved accepted such change or modification; 8.3.6 Licensee shall forward to Licensor, at Licensee's expense, such representative samples of the use labels, packaging, advertisements and promotional and other materials used in connection with the sale of such materials. 15.2 WPI shall not change or vary the Products in which any of the Trade-marks nor use any Trade Marks appear once a year or at such other Trade-marks which are similar times as Licensor may reasonably request, in order to or substantially similar to or so nearly resembling the Trade-marks so as to be likely to cause deception or confusion to the public. 15.3 Unless otherwise provided in this Agreement, WPI shall accompany any and all print use of the Trade-marks with an asterisk printed closely adjacent to each printed representation of the Trade-marks. 15.4 With respect to the use of the Trade-marks WPI agrees as follows: (a) WPI recognizes that MEC is the owner of the Trade-marks and all the goodwill therein and agrees verify that the same shall remain vested Trade Marks are being used in MEC both during accordance with the term of this Agreement and thereafter and that the use of the Trade-marks by WPI shall be used on behalf and for the benefit of MEC. WPI agrees not to challenge the validity or ownership of the Trade-marks and/or the goodwill therein; and (b) any goodwill which WPI may acquire from the use of the Trade-marks shall vest in and become the absolute property of MEC and WPI undertakes and agrees at the request terms of this Agreement; 8.3.7 Each label, package, advertisement, item or promotional or other material used in connection with the sale of the Products which bears any Trade ▇▇▇▇ shall contain the following legend: "[the particular Trade Marks used]"(R) are Trade Marks of Compositech Ltd. and are used by [Licensee's Name] under License." or such other legend, inscriptions and markings thereon as Licensor may request; 8.3.8 Licensee shall not use the Trade Marks or any similar ▇▇▇▇, name or logo to execute all such instruments and to do all such acts identify its business or any product (other than Products) that Licensee manufactures or sells; 8.3.9 Licensee shall use the Trade Marks, only as may be necessary and desirable to vest absolutely depicted in MEC the said goodwilltheir respective registrations or applications for registration or as prescribed by Licensor.

Use of Trade Marks. 15.1 With respect 8.3.1 Licensee agrees that it will use the Trade Marks only in connection with the Products and label, package and advertise the Products only in such manner as to preserve at all times all rights of Licensor in the Trade Marks; 8.3.2 Licensor shall provide to Licensee from time to time information regarding the use of the Trade Marks, including the typeface, configuration and orientation of the Trade Marks, specifications and restrictions on the size, colour and backgrounds for the Trade Marks, and Licensee shall use the Trade Marks only in the manner so specified; 8.3.3 Licensee shall submit all original mechanical art (the "Art") for all labels, packaging, advertisements, promotional materials and other materials used in connection with the sale of the Products which bear any Trade ▇▇▇▇ to Licensor for approval prior to the use of any the Art, which approval shall not be unreasonably withheld or unduly delayed. In the event that Licensor does not notify Licensee in writing of its disapproval of same within thirty (30) days of its receipt of the trade-marks associated with the Products, now or at any time registered in the name of MEC (the "Trade-marks")Art, the parties agree as follows: (a) all representations of any Trade-marks which WPI intends to use in any promotional materials (the "Materials”) Art shall be submitted deemed to MEC for prior approval of design, colour and other details and no Materials containing be approved by Licensor; 8.3.4 Licensee shall not change or modify any party of the Trademarks shall be distributed by WPI or on behalf of WPI Art without the written approval of MEC; and (b) MEC Licensor, which approval shall not withhold its approval be unreasonably and, unless MEC has advised WPI withheld or unduly delayed. In the event that Licensor does not advise Licensee in writing that it disapproves of such change or modification within three ten (310) business days of receipt of the Materials for approval that MEC does not approve of the use of such Materialsthereof, MEC Licensor shall be deemed to have approved accepted such change or modification; 8.3.5 Licensee shall forward to Licensor, at Licensee's expense, such representative samples of the use labels, packaging, advertisements and promotional and other materials used in connection with the sale of such materials. 15.2 WPI shall not change or vary the Products in which any of the Trade-marks nor use any Trade Marks appear once a year or at such other Trade-marks which are similar times as Licensor may reasonably request, in order to or substantially similar to or so nearly resembling the Trade-marks so as to be likely to cause deception or confusion to the public. 15.3 Unless otherwise provided in this Agreement, WPI shall accompany any and all print use of the Trade-marks with an asterisk printed closely adjacent to each printed representation of the Trade-marks. 15.4 With respect to the use of the Trade-marks WPI agrees as follows: (a) WPI recognizes that MEC is the owner of the Trade-marks and all the goodwill therein and agrees verify that the same shall remain vested Trade Marks are being used in MEC both during accordance with the term of this Agreement and thereafter and that the use of the Trade-marks by WPI shall be used on behalf and for the benefit of MEC. WPI agrees not to challenge the validity or ownership of the Trade-marks and/or the goodwill therein; and (b) any goodwill which WPI may acquire from the use of the Trade-marks shall vest in and become the absolute property of MEC and WPI undertakes and agrees at the request terms of this Agreement; 8.3.6 Each label package, advertisement, item or promotional or other material used in connection with the sale of the Products which bears t any Trade ▇▇▇▇ shall contain the following legend: "[the particular Trade Marks used]"(R) are Trade Marks of H Power Corp. and are used by [Licensee's Name] under License." or such other legend, inscriptions and markings thereon as Licensor may request; 8.3.7 Licensee shall not use the Trade Marks or any similar ▇▇▇▇, name or logo to execute all such instruments and to do all such acts identify its business or any product (other than Products) that Licensee manufactures or sells; 8.3.8 Licensee shall use the Trade Marks only as may be necessary and desirable to vest absolutely depicted in MEC the said goodwilltheir respective registrations or applications for registration or as prescribed by Licensor.