Common use of BIOSITE MARKS Clause in Contracts

BIOSITE MARKS. The trademarks or tradenames in the Territory for the Testing Device and the Reader shall be mutually acceptable to Biosite and Merck. Merck shall not use any Biosite Marks, or any word, title, expression, trademark, design or marking that is confusingly similar thereto, as part of its corporate or business name or in any other manner. Notwithstanding the foregoing, (a) Merck may identify itself as an authorized distributor of Biosite, and (b) Merck may use the Biosite Marks for display purposes in connection with solicitation of orders for the Testing Device and the Reader. Merck shall not alter, remove or modify any Biosite Marks, nor affix any other trademarks, labels or markings to the Testing Device and the Reader without Biosite's consent; provided, however, that Merck may affix labels or other indices on the Testing Devices and the Readers it distributes to identify it as the distributor of the Testing Device and the Reader so long as such labels do not cover and are not inconsistent with the Biosite Marks, labels or markings. All registrations of the Biosite Marks shall be paid by Biosite. No other Merck labels, package inserts or other material shall accompany the Testing Device and the Reader without the prior written consent of Biosite.