Common use of Use of Trade Marks Clause in Contracts

Use of Trade Marks. 12.1 The Distributor shall not acquire any right to or interest in any Trade Marks. The Distributor may only use the Trade Marks in carrying out its authorized activities under this Agreement free of charge, and then only provided that ownership of such Trade Marks is clearly attributed to the Company or the Supplier. 12.2 The Distributor acknowledges and agrees that the Company is the authorized user of the Trade Marks and that all goodwill arising out of use of the Trade Marks by the Distributor pursuant to this Agreement shall inure to the Company. The Distributor shall not at any time or in any way indicate ownership of or any right in the Trade Marks and shall not contest the right of the Company and/or its affiliates to the use of any of the Trade Marks. The Distributor shall not, and shall not have the right to, register, or apply for registration, anywhere in the world, directly or indirectly, any trade mark, service mark, trade nam▇, ▇opyright, ▇▇▇▇any name or other proprietary or commercial right which is similar to the Trade Marks or take any other action that jeopardizes the Trade Mark owner's prop▇▇▇▇ary rights in the Trade Marks. 12.3 The Distributor shall at all times conduct business only under its own name and may not use any of the Trade Marks as part of its business name. 12.4 The Distributor shall not attach, remove or disfigure any Trade Marks on the media containing the Product (or that appear as the result of executing the Product) nor attach any additional marks to the media containing the Product except as otherwise agreed by the Company in writing. 12.5 The Distributor agrees not to alter, remove or obscure any copyright or other proprietary notices on or in the media containing the Product (or that appear as the result of executing the Product) or related documentation or materials. 12.6 The Company reserves the right to require the Distributor to submit to the Company for prior approval any and all advertising and sales literature of the Distributor that refers to the Company, to the Products, or otherwise includes any of the Trade Marks. The Distributor shall make all modifications to the materials deemed necessary by the Company to protect the goodwill associated with the Trade Marks. The Distributor shall also comply with any guidelines relating to use of the Trade Marks as may be furnished to the Distributor and revised by the Company from time to time. 12.7 The Distributor's right to use the Trade Marks shall immediately cease upon termination or expiration of this Agreement.

Appears in 1 contract

Sources: Distribution Agreement (Avant Corp)

Use of Trade Marks. 12.1 The Distributor shall not acquire any right to or interest in any Trade Marks. The Distributor may only use the Trade Marks in carrying out its authorized licensed activities under this Agreement free of chargeAgreement, and then only provided that ownership of such Trade Marks is clearly attributed to the Company or the Supplierits licensor(s). 12.2 The Distributor acknowledges and agrees that the Company is the authorized user owner and/or licensee of the Trade Marks and that all goodwill arising out of use of the Trade Marks by the Distributor pursuant to this Agreement shall inure to the Company. The Distributor shall not at any time or in any way indicate ownership of or any right in the Trade Marks and shall not contest the right of the Company and/or its affiliates to the use of any of the Trade Marks. The Distributor shall not, and shall not have the right to, register, or apply for registration, anywhere in the world, directly or indirectly, any trade mark, service mark, trade nam▇, ▇opyrightname, ▇▇▇▇any pyright, company name or other proprietary or commercial right which is confusingly similar to the Trade Marks or take any other action that jeopardizes the Trade Mark ownerCompany's prop▇▇▇▇ary proprietary rights in the Trade Marks. 12.3 The Distributor shall at all times conduct business only under its own name and may not use any of the Trade Marks as part of its business name. 12.4 The Distributor shall not attach, remove or disfigure any Trade Marks on the media containing the Product (or that appear as the result of executing the Product) nor attach any additional marks to the media containing the Product except as otherwise agreed by the Company in writing. 12.5 The Distributor agrees not to alter, remove or obscure any copyright or other proprietary notices on or in the media containing the Product (or that appear as the result of executing the Product) or related documentation or materials. 12.6 The Company reserves the right to require the Distributor to submit to the Company for prior approval any and all advertising and sales literature of the Distributor that refers to the Company, to the Products, or otherwise includes any of the Trade Marks. The Distributor shall make all modifications to the materials deemed necessary by the Company to protect the goodwill associated with the Trade Marks. The Distributor shall also comply with any guidelines relating to use of the Trade Marks marks as may be furnished to the Distributor and revised by the Company from time to time. 12.7 The Distributor's right to use the Trade Marks shall immediately cease upon termination or expiration of this Agreement.

Appears in 1 contract

Sources: Distribution Agreement (Avant Corp)