The Mark Clause Samples
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The Mark. Subject to the terms, limitations, conditions, and reservation of rights set forth in this Agreement, Verdure hereby grants to Licensee, and Licensee hereby accepts, a limited-scope, non-transferable, non-exclusive, non-assignable, revocable license in the Territory to use, reproduce, publish, distribute and display the Mark solely on and/or in connection with any Verified Product and to use the Mark, and the goodwill associated therewith, solely in connection with the advertising, promotion, production, manufacture, distribution, shipment, and sale of, any Verified Product; provided that any use, reproduction, publication, distribution, or display of the Mark pursuant to the license in this Section 2(a) shall be in accordance with the guidelines relating to display of the Mark (the “Trademark Guidelines”), set forth on Exhibit A, attached hereto and incorporated herein by this reference, as amended from time to time in Verdure’s sole discretion. Licensee shall have no right to, and shall not, use the Mark on any products that are not Verified Products or in connection with any other products or services, and Licensee shall have no right to, and shall not, use the Mark in any context in which it identifies products that are not Verified Products.
The Mark. (a) The parties shall agree on such logos, symbols, designs, service marks and trademarks as may be appropriate to fully Exploit the use of the words "by Gary ▇▇▇▇▇▇" ▇▇ connection with Direct Marketing Products, all of which logos, symbols, designs, service marks and trademarks shall be deemed to be part of the "Mark."
(b) The parties recognize and acknowledge that consumer preferences for golf clubs change over time, as a result of changing golf club technology, changing preferences for appearance (size, weight, style, color, etc.) and other factors. The parties presently anticipate that Golf One and GPGE shall respond to these changing preferences by modifying the golf clubs (and, as necessary, Golf Accessories). To promote such modifications, and to distinguish the "old" from the "new" line of golf clubs, Golf One may use derivations of any existing name which indicate new models or versions of such clubs. These derivations are all deemed to be part of the "Mark".
(c) GPGE and Golf One also recognize and agree that to changes in consumer preferences for the reasons described above may be so significant that a name may lose its marketing appeal as being associated with obsolete, outdated or technologically inferior golf
The Mark. ▇▇ have published a periodical under the name of "The Harvard Lampoon" since 1903; since such date our right to publish under such name, as aforestated, has never been disputed, nor has any third party claimed that such publication, or the use of the name "The Harvard Lampoon" or "Lampoon," as aforestated, has infringed or will infringe the rights of such third party or of any other person, firm, corporation or body; and, except for the National Lampoon magazine and our other regular and special publications, we do not know of any magazine or other publication which has been published or for which the right has been claimed to be published under the name "Lampoon" or "The Harvard Lampoon," whether as a name, trade name, trademark or otherwise, excepting only a magazine or other publication issued prior to 1903 by our predecessor organization, the Harvard Lampoon Society, from 1876, and various recent publications not licensed by us that we have demanded cease using the name "Lampoon".