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

Trademarks, Trade Names and Service Marks. The names “Sonesta,” and “Royal Sonesta Hotel” (each of the foregoing names, together with any combination thereof, collectively, the “Trade Names”) when used alone or in connection with another word or words, and the Sonesta trademarks, service marks, other trade names, symbols, logos and designs shall in all events remain the exclusive property of Manager and except as provided in Section 11.09.E and 11.09.G, nothing contained in this Agreement shall confer on Owner the right to use any of the Trade Names, or the Sonesta trademarks, service marks, other trade names, symbols, logos or designs affiliated or used therewith. Except as provided in Section 11.09.E and 11.09.G, upon termination of this Agreement, any use of any of the Trade Names, or any of the Sonesta trademarks, service marks, other trade names, symbols, logos or designs at the Hotel shall cease and Owner shall promptly remove from the Hotel any signs or similar items which contain any of the Trade Names, trademarks, service marks, other trade names, symbols, logos or designs. If Owner has not removed such signs or similar items within ten (10) Business Days, Manager shall have the right to do so. The cost of such removal shall be a Deduction. Included under the terms of this Section 11.10 are all trademarks, service marks, trade names, symbols, logos or designs used in conjunction with the Hotel, including restaurant names, lounge names, etc., whether or not the marks contain the “Sonesta” name. The right to use such trademarks, service marks, trade names, symbols, logos or designs belongs exclusively to Manager, and the use thereof inures to the benefit of Manager whether or not the same are registered and regardless of the source of the same. The provisions of this Section 11.10 shall survive termination.

Appears in 3 contracts

Samples: Management Agreement (Hospitality Properties Trust), Management Agreement (Hospitality Properties Trust), Management Agreement (Hospitality Properties Trust)

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Trademarks, Trade Names and Service Marks. The names “Sonesta,” “Royal Sonesta,” “Sonesta Suites,” “Sonesta ES Suites” and “Royal Sonesta HotelResorts” (each of the foregoing names, together with any combination thereof, collectively, the “Trade Names”) when used alone or in connection with another word or words, and the Sonesta trademarks, service marks, other trade names, symbols, logos and designs shall in all events remain the exclusive property of Manager and except as provided in Section 11.09.E and 11.09.G, nothing contained in this Agreement shall confer on Owner the right to use any of the Trade Names, or the Sonesta trademarks, service marks, other trade names, symbols, logos or designs affiliated or used therewith. Except as provided in Section 11.09.E and 11.09.G, upon termination of this Agreement, any use of any of the Trade Names, or any of the Sonesta trademarks, service marks, other trade names, symbols, logos or designs at the Hotel shall cease and Owner shall promptly remove from the Hotel any signs or similar items which contain any of the Trade Names, trademarks, service marks, other trade names, symbols, logos or designs. If Owner has not removed such signs or similar items within ten (10) Business Days, Manager shall have the right to do so. The cost of such removal shall be a Deduction. Included under the terms of this Section 11.10 are all trademarks, service marks, trade names, symbols, logos or designs used in conjunction with the Hotel, including restaurant names, lounge names, etc., whether or not the marks contain the “Sonesta” name. The right to use such trademarks, service marks, trade names, symbols, logos or designs belongs exclusively to Manager, and the use thereof inures to the benefit of Manager whether or not the same are registered and regardless of the source of the same. The provisions of this Section 11.10 shall survive termination.

Appears in 3 contracts

Samples: Management Agreement (Service Properties Trust), Management Agreement (Service Properties Trust), Management Agreement (Service Properties Trust)

Trademarks, Trade Names and Service Marks. The names “Sonesta,” and “Royal Sonesta HotelES Suites” (each of the foregoing names, together with any combination thereof, collectively, the “Trade Names”) when used alone or in connection with another word or words, and the Sonesta trademarks, service marks, other trade names, symbols, logos and designs shall in all events remain the exclusive property of Manager and except as provided in Section 11.09.E and 11.09.G, nothing contained in this Agreement shall confer on Owner the right to use any of the Trade Names, or the Sonesta trademarks, service marks, other trade names, symbols, logos or designs affiliated or used therewith. Except as provided in Section 11.09.E and 11.09.G, upon termination of this Agreement, any use of any of the Trade Names, or any of the Sonesta trademarks, service marks, other trade names, symbols, logos or designs at the Hotel shall cease and Owner shall promptly remove from the Hotel any signs or similar items which contain any of the Trade Names, trademarks, service marks, other trade names, symbols, logos or designs. If Owner has not removed such signs or similar items within ten (10) Business Days, Manager shall have the right to do so. The cost of such removal shall be a Deduction. Included under the terms of this Section 11.10 are all trademarks, service marks, trade names, symbols, logos or designs used in conjunction with the Hotel, including restaurant names, lounge names, etc., whether or not the marks contain the “Sonesta” name. The right to use such trademarks, service marks, trade names, symbols, logos or designs belongs exclusively to Manager, and the use thereof inures to the benefit of Manager whether or not the same are registered and regardless of the source of the same. The provisions of this Section 11.10 shall survive termination.

Appears in 2 contracts

Samples: Management Agreement (Hospitality Properties Trust), Management Agreement (Hospitality Properties Trust)

Trademarks, Trade Names and Service Marks. (a) The names “Sonesta,” "Marriott", "Residence Inn, Residence Inn by Marriott" and “Royal Sonesta Hotel” "Marriott Residence Inn" (each of the foregoing names, together with any combination thereof, collectively, the "Trade Names") when used alone along or in connection with another word or words, and the Sonesta Marriott or Residence Inn by Marriott trademarks, service marks, other trade names, symbols, logos and designs shall in all events remain the exclusive property of Manager Franchisor or its Affiliated Persons, and except as provided in Section 11.09.E and 11.09.G, nothing contained in this Agreement shall confer on Owner Landlord the right to use any of the Trade Names, or the Sonesta Marriott or Residence Inn by Marriott trademarks, service marks, other trade names, symbols, logos or designs affiliated or used therewithother than in strict accordance with the terms of this Agreement. Except as provided in Section 11.09.E and 11.09.G, upon Upon termination of this AgreementAgreement and the Other Leases, any use of or right to use any of the Trade Names, or any of the Sonesta Marriott or Residence Inn by Marriott trademarks, service marks, other trade names, symbols, logos or designs at by Landlord shall be governed by the Hotel shall cease and Owner Franchise Agreement and/or Owner's Agreement, upon termination of this Agreement, and, if the Franchise Agreement or a replacement Franchise Agreement will not remain in effect, Landlord shall promptly remove from the Hotel any signs or similar items which contain any of the Trade Names, trademarks, service marks, other trade names, symbols, logos or designs. If Owner Landlord has not removed such signs or similar items within ten (10) Business DaysDays after termination of this Agreement, Manager Tenant shall have the right to do so. The cost of such removal shall be a Deductionso at Landlord's expense. Included under the terms of this Section 11.10 section are all trademarks, service marks, trade names, symbols, logos or designs used in conjunction with the Hotel, including including, but not limited to, restaurant names, lounge names, etc., whether or not the marks contain the “Sonesta” "Marriott" name or Residence Inn by Marriott name. The right to use such trademarks, service marks, trade names, symbols, logos or designs belongs exclusively to ManagerTenant, and the use thereof inures to the benefit of Manager Tenant whether or not the same are registered and regardless of the source of the same. The provisions of this Section 11.10 22.17(a) shall survive terminationtermination of this Agreement.

Appears in 1 contract

Samples: Lease Agreement (Hospitality Properties Trust)

Trademarks, Trade Names and Service Marks. The names “SonestaMarriott,” “ ,” “ ” and “Royal Sonesta Hotel” (each of the foregoing names, together with any combination thereof, collectively, are collectively referred to as the “Trade Names”) when used alone or in connection with another word or words, and the Sonesta Marriott or trademarks, service marks, other trade names, symbols, logos and designs shall in all events remain the exclusive property of Manager the Franchisor under the Franchise Agreements and except as provided in Section 11.09.E and 11.09.G, nothing contained in this Agreement shall confer on Owner Tenant the right to use any of the Trade Names, or the Sonesta Marriott or trademarks, service marks, other trade names, symbols, logos or designs affiliated or used therewiththerewith otherwise than in strict accordance with the terms of this Agreement. Except as provided in Section 11.09.E 11.11.E and 11.09.Gthe Franchise Agreement, upon termination of this AgreementAgreement with respect to any Hotel, any use of or right to use any of the Trade Names, or any of the Sonesta Marriott or trademarks, service marks, other trade names, symbols, logos or designs at the Hotel by Tenant shall cease forthwith and Owner Tenant shall promptly remove from the such Hotel any signs or similar items which contain any of the said Trade Names, trademarks, service marks, other trade names, symbols, logos or designsdesigns in accordance with the Franchise Agreement and this Agreement. If Owner Tenant has not removed such signs or similar items within ten (10) Business Days, Manager shall have the right to do so. The cost of such removal shall be a DeductionDeduction for such Hotel attributable to the Accounting Period in which such Termination occurs. Included under the terms of this Section 11.10 are all trademarks, service marks, trade names, symbols, logos or designs used in conjunction with the such Hotel, including but not limited to restaurant names, lounge names, etc., whether or not the marks contain the “SonestaMarriottname or the name. The right to use such trademarks, service marks, trade names, symbols, logos or designs belongs exclusively to ManagerMarriott, and the use thereof inures to the benefit of Manager Marriott whether or not the same are registered and regardless of the source of the same. The provisions of this Section 11.10 11.12 shall survive terminationTermination.

Appears in 1 contract

Samples: Management Agreement (Hospitality Properties Trust)

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Trademarks, Trade Names and Service Marks. The names “SonestaMarriott,” “Residence Inn,” “Residence Inn by Marriott” and “Royal Sonesta HotelMarriott Residence Inn” (each of the foregoing names, together with any combination thereof, collectively, are collectively referred to as the “Trade Names”) when used alone or in connection with another word or words, and the Sonesta Marriott or Residence Inn trademarks, service marks, other trade names, symbols, logos and designs shall in all events remain the exclusive property of Manager Marriott, and except as provided in Section 11.09.E and 11.09.G, nothing contained in this Agreement shall confer on Owner the right to use any of the Trade Names, or the Sonesta Marriott or Residence Inn trademarks, service marks, other trade names, symbols, logos or designs affiliated or used therewithotherwise than in strict accordance with the terms of this Agreement. Except as provided in Section 11.09.E and 11.09.G11.11.E, upon termination of this Agreement, Termination any use of or right to use any of the Trade Names, Names or any of the Sonesta Marriott or Residence Inn trademarks, service marks, other trade names, symbols, logos or designs at the Hotel by Owner shall cease forthwith and Owner shall promptly remove from the Hotel Inn any signs or similar items which contain any of the said Trade Names, trademarks, service marks, other trade names, symbols, logos or designs. If Owner has not removed such signs or similar items within ten (10) Business Daysdays after Termination, Manager shall have the right to do so. The cost so at Owner’s expense; and if Owner fails to reimburse Manager for such expense within ten (10) days after receipt of written notice thereof from Manger to Owner, then Manager shall have the right (without affecting Manager’s other remedies under this Agreement) to withdraw the amount of such removal shall be a Deductionexpenses from the Reserve, the Working Capital funds or any other funds of Owner held by or under the control of Manager. Included under the terms of this Section 11.10 section are all trademarks, service marks, trade names, symbols, logos or designs used in conjunction with the HotelInn, including including, but not limited to, restaurant names, lounge names, etc., whether or not the marks contain the “SonestaMarriott” name or the “Residence Inn” name. The right to use such trademarks, service marks, trade names, symbols, logos or designs belongs exclusively to Manager, and the use thereof inures to the benefit of Manager whether or not the same are registered and regardless of the source of the same. The provisions of this Section 11.10 11.12 shall survive terminationTermination.

Appears in 1 contract

Samples: Management Agreement (Apple Hospitality Five Inc)

Trademarks, Trade Names and Service Marks. The names “SonestaMarriott,” “Residence Inn,” “Residence Inn by Marriott” and “Royal Sonesta HotelMarriott Residence Inn” (each of the foregoing names, together with any combination thereof, collectively, are collectively referred to as the “Trade Names”) when used alone or in connection with another word or words, and the Sonesta Marriott or Residence Inn trademarks, service marks, other trade names, symbols, logos and designs shall in all events remain the exclusive property of Manager Marriott, and except as provided in Section 11.09.E and 11.09.G, nothing contained in this Agreement shall confer on Owner the right to use any of the Trade Names, or the Sonesta Marriott or Residence Inn trademarks, service marks, other trade names, symbols, logos or designs affiliated or used therewithotherwise than in strict accordance with the terms of this Agreement. Except as provided in Section 11.09.E and 11.09.G11.11.E, upon termination of this AgreementTermination, any use of or right to use any of the Trade Names, or any of the Sonesta Marriott or Residence Inn trademarks, service marks, other trade names, symbols, logos or designs at the Hotel by Owner shall cease forthwith and Owner shall promptly remove from the Hotel Inn any signs or similar items which contain any of the said Trade Names, trademarks, service marks, other trade names, symbols, logos or designs. If Owner has not removed such signs or similar items within ten (10) Business Daysdays after Termination, Manager shall have the right to do so. The cost so at Owner’s expense; and if Owner fails to reimburse Manager for such expense within ten (10) days after receipt of written notice thereof from Manager to Owner, then Manager shall have the right (without affecting Manager’s other remedies under this Agreement) to withdraw the amount of such removal shall be a Deductionexpenses from the Reserve, the Working Capital funds or any other funds of Owner held by or under the control of Manager. Included under the terms of this Section 11.10 section are all trademarks, service marks, trade names, symbols, logos or designs used in conjunction with the HotelInn, including but not limited to restaurant names, lounge names, etc., whether or not the marks contain the “SonestaMarriott” name or the “Residence Inn” name. The right to use such trademarks, service marks, trade names, symbols, logos or designs belongs exclusively to Manager, and the use thereof inures to the benefit of Manager whether or not the same are registered and regardless of the source of the same. The provisions of this Section 11.10 11.12 shall survive terminationTermination.

Appears in 1 contract

Samples: Management Agreement (Apple Hospitality Two Inc)

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