Marks. Manufacturer hereby authorizes Distributor to use, on a nonexclusive basis for the Term, without cost to Distributor other than payment for the Products, the trademark “eSVS Mesh” and any other trademarks, service marks or trade names (The Mesh) used by Manufacturer to identify the Products, solely for Distributor’s distribution of Products and related performance under this Agreement. The Marks and the goodwill associated with the Marks are the exclusive property of Manufacturer. Distributor shall not (a) use the Marks as part of any composite xxxx including any elements not approved in advance in writing by Manufacturer, (b) challenge the validity or enforceability of the Marks during the Term or (c) acquire any proprietary right in the Marks by reason of any activities under this Agreement or otherwise. All uses of the Marks by Distributor and any additional goodwill created thereby shall inure to the exclusive benefit of Manufacturer. Manufacturer shall, at all times during the Term on reasonable notice, have the right to inspect the materials and services on or in connection with which the Marks are used in order to assure Manufacturer that Manufacturer’s quality standards relating to the Products and distributor’s servicing and other xxxx-pertinent provisions of this Agreement are being observed. If Manufacturer shall at any time reasonably object to any use to which the Marks are put, Distributor shall promptly cease any such use.
Appears in 14 contracts
Samples: Distribution Agreement (Kips Bay Medical, Inc.), Distribution Agreement (Kips Bay Medical, Inc.), Distribution Agreement (Kips Bay Medical, Inc.)
