Common use of Trademarks, Service Marks and Trade Names Clause in Contracts

Trademarks, Service Marks and Trade Names. (a) NK shall be required to mark xxx Products with Aspect's trademarks, service marks and trade names listed in Exhibit C hereto (the "Trademarks"). Aspect hereby grants NK the right to use the Trademarks on a non-exclusive basis only for the License Term and solely for display or advertising purposes in connection with the Products manufactured and sold in accordance with this Agreement. During the License Term, NK may use, without Aspect's prior written consent, trademarks, service marks and trade names in connection with the Products other than the Trademarks; PROVIDED, HOWEVER, that the Trademarks are always used in a manner which makes them at least as large and at least as prominent as any other such trademarks, service marks or trade names appearing on any such label, display or advertisement. Any use by NK of the Trademarks shall be deemed to be a use of the same by Aspect. NK shall not at any time do or permit any act to be done (including without limitation registering any of the Trademarks in its own name or the name of any entity other than Aspect) which may in any way impair the rights of Aspect in the Trademarks. Except as provided above, NK has no rights in the Trademarks or of any goodwill associated therewith and NK agrees that, except as expressly provided in this Agreement, it shall not acquire any rights in respect thereof and that all such rights and goodwill are, and shall remain, vested in Aspect.

Appears in 5 contracts

Samples: License Agreement (Aspect Medical Systems Inc), International License Agreement (Aspect Medical Systems Inc), International License Agreement (Aspect Medical Systems Inc)

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Trademarks, Service Marks and Trade Names. (a) NK shall be required to mark xxx mxxx the Products with Aspect's ’s trademarks, service marks and trade names listed in Exhibit C E hereto (the "Trademarks"). Aspect hereby grants NK the right to use the Trademarks on a non-exclusive basis only for the License Term and solely for display or advertising purposes in connection with the Products manufactured purchased from Aspect and sold in accordance with this Agreement. During the License Term, NK may use, without Aspect's ’s prior written consent, trademarks, service marks and trade names in connection with the Products other than the Trademarks; PROVIDEDprovided, HOWEVER, however that the Trademarks are always used in a manner which makes them at least as large and at least as prominent as any other such trademarks, service marks or trade names used in V.8. 12-5-06 Initials: 4/31 BISx INTERNATIONAL LICENSE AGREEMENT connection with the Products including but not limited to any such trademarks, service marks or trade names appearing on any such label, display or advertisement. Any use by NK of the Trademarks shall be deemed to be a use of the same by Aspect. NK shall not at any time do or permit any act to be done (including without limitation registering any of the Trademarks in its own name or the name of any entity other than Aspect) which may in any way impair the rights of Aspect in the Trademarks. Except as provided above, NK has no rights in the Trademarks or of any goodwill associated therewith and NK agrees that, except as expressly provided in this Agreement, it shall not acquire any rights in respect thereof and that all such rights and goodwill are, and shall remain, vested in in, and inure to the benefit of, Aspect.

Appears in 1 contract

Samples: Bisx International License Agreement (Aspect Medical Systems Inc)

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